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CITY OF EDMONDS
BOARD OF ADJUSTMENT
APPLICATION FOR VARIANCE
FIB`' # V — fS�(D _ /
DATA: 7-al
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FEE $ CnA�S
RECT # 9.13QL
APO' S
HEARING DATE.
APPLICANT Thomas B, Berry ADDRESS 8432 Olympic View Drive
CITY & ZIP Edmonds 98020 PHONE 778-7067
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INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Property Owner
LOCATION OR ADDRESS
OF PROPERTY 8432
OLYMPIC
VIEW DRIVE
LEGAL DESCRIPTION OF
PROPERTY N.E.
SEC. 18,
T. 27 N. , R. 4 E. , W.M. , EDMONDS, WA.
VARIANCE REQUESTED: Improvement of 84th Avenue W. with an asphaltic concrete roadway
having a width of 18 feet.
FOR OFFICE USE ONLY
USE ZONE : S
ZONING ORDINANCE REQUIREMENT:
STATE OF WASHINGTON) ss.
COUNTY OF SNOHOMISH)
_
Signature of Applicant,*ner, or
Representative ��
On this date, before me, the undersigned, a Notary Public in and for the State
of Washington, duly commissioned and sworn, personally appeared ezdec.i,
who, being duly sworn, on his/her oath deposes and says that (*he has prepared
and read the attached statements and has acknowledged to me that the recititations
contained therein are true, and has signed this instrument as his/her free and
voluntary act and deed for the purposes therein mentioned.
Subscribed and sworn to before me this 62.E R, day of 19�z
Notary TUlicwin ,and for the State of Washington
GERALD W. LOVELL, P.L.S.
JURGEN P. SAUERLAND, P.L.S.
LOUIS P. CAVIEZEL, P.E.
Lovell=Sauerland &dissociates, Inc.
S ,/ Engineers • Surveyors • Development Consultants • Planners
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The applicant is requesting a variance to the requirement for road improvements
to the 84th Avenue W. street right-of-way adjoining the eastern boundary of Lot'Al.
as depicted in the short subdivision application submitted July 9, 1979. The
applicantproposes improvement of this section of roadway with an 18-foot asphaltic
concrete surface. Currently, 84th Avenue W. is a.vacated street:north from the
northeasterly -most portion of Lot 4. It is felt that improvement to 28 feet of
paved surface would not be necessary to facilitate existing;or futur6 traffic.
I.Also:
Vacated street (84th Avenue W.) creates a dead-end situation in which ,
only local resident traffic would need be facilitated;
Steep slopes in this area are not conducive to roadway installation; and
The additional widening provided for in the road standard would require
the removal of significant trees and ground cover.
23106 • 100TH W. EDMONDS, WASH. 98020 PHONE 775.1593
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GERALD W. LOVELL, P L S. `' E
i JURGEN P. SAUERLAND, P.L,S. `
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I,oveli-Sauerlarid &.'A'�ssociates; f"Iri�c M
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S Engineers • Surveyors • Development Consultants • Planners }'
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June 29, 1979 '
File No.. 79-429 ar
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Edmonds Planning Department y '+ y.
Civic Center
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250 - 5th Ave, N k
Opp Edmonds, Was 98020 Y�
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Re: Thomas Be Berry Short Subdivision
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.,F The names and addresses`of the persons owning.property'adjacent'to
or within eighty feet ;of'the subject short subdivision are as
follows: Y,.
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L. Thorey Stafansson, et al. Harold Cpe Anderson '
920 - 12th P1.' N.it
1904 d Ave .
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Edmonds,,Wa.:.98020 Seattle, Was 98101.
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Robert F. Irwin ,
David C. Allais
18119 -.85th Ple W. 18224 84th P1. tp
W.
Edmonds Wa. 98020' Edmonds, Was 98020 ,,f
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Lillian Christensen Harold Huycke : ' .
18117. 85th Pl. S.W. 18223 84th P1. W.1.6
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Edmonds Was 98020
Edmonds, Was 98020' ,
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Sherwin Anthony Ee Teras
George F. , Jr.
18107 85th Pl. W. 18403 184th St. S.W.;;
Edmonds, :Was' 98020 Edmonds, Wa. 98020
Warren L. Wilson. Bjorn Thuesen
1155 No. 130th 322 Main St. #
Seattle, Was 98133 Edmonds, Was 98020 :
Richard D. Cupp
Jerome Froland
18021 - 85th Ple We 8324 Olympic View Dr.
Edmonds, Was 98020 Edmonds, Was 98020 l
Hugh Conard Curtis D. Smith
r 19730 - 64th Ave, We
-18011 - 8�th P1. W.
Edmonds, Was 98020 Lynnwood, Was 98036
Sincerel �!
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DECLARATIONS OF APPLICANT
Please answer all questions. ;
1. What are the physical characteristics, (i.e. topography, shape
of lot, etc.) which create a hardship for you in regard to
development of your property?
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2: How, does your property .differ .'from other property in .the same;
vicinity? i..
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3. Will this variance be detrimental.to the public or damaging to,' 1r,
other property or 'improvements in the vicinity?go
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4. What hardships will result to you if the variance is not granted?;,
Will these hardships have been caused by your own action? r
5. Can you make reasonable use of your property without the variance?
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Record of Ondings of Fact by Board of Adjustment
The Board of Ad
justment for the City of Edmonds finds in the case of
request for variance at
art File No. •
V, Vk/ 6 the following:
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1. That notice was given according to Code requirements, and Affidavits attesting to same
are in the file%
2. That the foregoing set forth Standards and Criteria each have/have not been met.
3. In addition,that
4.
5.
6.
is.Denied/Granted, subject to the following special
Therefore, the request for variance
conditions:
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Section 12.1G.110 and if a building permit and/or occupancy pe
----
rmit is not obtained
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f rLl�e subject property within one year from the date of the Board's decision, the con- �.
ditional use permit or variance shall be automatically �1� n n void.--
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Decision shall be effective on:
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DATA
Chairman,
Date of Application: rll� 4 r7 Date of Nearing:
Date of Publications-----r-c joo
?9 Continuances
Date of Posting:
Date of Appeal from Decision of the Board:
ecretary,
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and of djustmen
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STEFFANSON T14OREY
JOHN ET AL
'ORT SUBDIVISION,
FOR
THOMAS B. BERRY
IN NE'/4 OF SECTION 18,t27N.,RAE.,
W.M. , EDMONDS , WASNINGTON
SCALES!
JULY
HAROLD C. ANDERSON
ANTHONY 6• TGRAS
~ DAVID C. ALLAIS
HAQOLD D. NUYCICE
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NOTICE OF' HEARING PETITION
FOR VARIA14CE - MNXXMWXWX)PXH R
F
STJLTE OF wASHINCFTON,
COUNTY Or SNOHOMISH,
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8-2-I
Sr.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of the EVERETT HERALD, a daily news-
paper printed and published in the City of Everett, County of Snoho-
mish, and State of Washington; that said newspaper is a newspaper
of general circulation in said County and State, that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County, and that the notice
....................................
NOTICE OF REARING _....•••-
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular, and
entire edition of said paper on the following days and times, namely:
JULY 309 1979 ..............1..-.......
and that said newspaper was regularly distributed to its subscribers
during all of said period. 02
Principal Clerk
31st
Subscribed and sworn to before me t
his .............. ...
day of
19.....%9
4for the State
ol�,
atEverett, SnohomishCounty.
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Subscribed and sworn to before me this � � day of '
1911
Notary Public in and for the State of
Washington residing at
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HEARING.,
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NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT A
PUBLIC HEARING WILL BE HELD BY THE
...... board. sof 6 a A430
AN APPLICATION HAVING BEEN FILED FOR ...Y.� �:�4!..... ��..............
• .a a a a a * a l f- .far • ��:F.... •Ave�:��� . . .. �. . .. .. . . . • • . . •
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PROPERTY DESCRIPTION OR ADDRESS:.. �a 8463cze�Ii 1 .f.C.� • .1%dC%�!V.. . • :... .
YA.
ZONE CLASSIFICATION: • a a 9 • .
TIME& DATE OFHEARING .1`.30 e!4 •••••`••' •••• •• �!fa .�a
TIME DAY DATE
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THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC
CENTER, 250 - 5th AVENUE NORTH. ANY PERSON INTERESTED IN THIS
PROPOSAL MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT, COMMENTS
CONCERNING THE APPLICATION MAY BE SUBMITTED PRIOR TO OR A'T THE
MEETING, IN PERSON OR IN WRITING, ADDITIONAL INFORMATION MAY BE
OBTAINED AT THE PLANNING DIVISION (PHONE 775-2525 EXT• 227)• IN THE
EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE PUBLIC
HEARING WILL BE CONTINUED TO THE NEXT REGULAR MEETING AT THE SAME
4
TIMEAND PLACE.
FILE NO. • V775 rM •.• • • • PUBLISHED.... Q:" 6• • • • • • •
REMOVEDAFTE
THIS POSTER MAY BE
The removal, mutilation, destruction, or
concealment of this notice prior to the date
of the hearing is a misdemeanor punishable
by fine and imprisonment.
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i FILE NO V- 6-79
APPLICANT Thomas Berry I,' ;'
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j AFFIDAVIT OF MAILING
3 STATE OF WASHINGTON
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COUNTY OF SNOHOMISH ) �Y
Maryanne Townsend being first duly worn, L
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on oath deposes and says
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That on the •;Ad��day of ,19�, the attached r �,,
• ailed as required t adjacent
Notice of Public of Hearing was ma 1 q
property owners, the names of which were provided by the 1-
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applicant.
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Signed
Subscribed and sworn to before me this day of }t'
19 ILL
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Notary Public in and for the,
State of Washingt n
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Residing at
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PLANNER'S VARIANCE REVIEW FORM FILE
APPLICANT: 11/10w.as ?)Pexr
ADDRESS: iay 37, OlQwletc Vieva 1�rrqe. ZONING: g S- M
VARIANCE REQUESTED: gc«..a road eF to area wider. m I%�
ZONING CODE REQUIREMENT:
OTHER PERTINENT FACTS:
VARIANCE CRITERIA - Section 12,16.100
1. Does this amount to a rezone? ho
2.(a) Are there conditions and/or circumstances not generally applicable to other
lands in the same district?
(b) Would strict enforcement of the zoning code deprive the property owner of rights*
commonly enjoyed by other properties in the same district? roa
rA.acI W 6.A t# wt coat►+ Pjx mer*,c,e_ mod kjAk Sties 4umv 'o..1 ar&cliko►
3. Do the special conditions result from the actions of the applicant? V%.c:)l
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4. Are there unnecessary hardships and practical difficulties in carrying out the
provis ions of the zoning code? �j e s SA& zL 09
5. Will the granting of the variance be detrimental to the health, safety, or welfare
of property owners iin the vicinity? k%o C¢y Ceu riwQ IpLtmCoa.....t��►e,.
Q•,,.e� S (�+►� de.�ev� Ltd-4t�.-�- v� - f-ook- �dL. w or-a.d. 1�. �a wades
6. Is this the minimum variance that will make possible the reasonable use of land?
7. Will the granting of the variance generally be in harmony and compatible with this
5vi,lod-�visi� code? y� S 1'E� . .,�;ll h� oL�Ck&Q
r" p ose d %road u,ov•td tj. ok4 o",&{e/
0^A f&Lo fie. A w i d.ok� ^ do w oV&J,
Planner's Variance Review 12/77
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CITY OF EDMONDS
CIVIC CENTER • EDMONDS, WASHINGTON 98020 • (206) 775.2525
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: September 7, 1979
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TO: Mr Thomas Berry
8432. Olympic View Drive
Edmonds WA 98020
.`Board of Ad'ustment Meeting Minutes
TRANSMITTING. J g
RE: V-56-79
E AS YOU REQUESTED:
FOR YOUR INFORMATION:XX
-
i AS WE DISCUSSED
FOR APPROVAL:
FOR YOUR FILE:
REVIEW AND COMIENT:
COMMENT AND RETURN:
MINUTES OF MEETING: August 15, 1979
REMARKS:
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HARVE H. HARRISON
MAYOR
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PLANNING DIVISION
V-55-79 -height0TVariance
" required
requmnt at1015"ASte (RS6)
roof pitch to meet the 30'
Mr. Pearson explained that a roof may extend to 30' in height if it is more
than 4 in 12 pitch. The main roof of this house exceeds the required
pitch but there are dormers which change it. If the variance were not
granted the applicant would have to alter the roofline of one dormer and
raise the back of the roof and move it over 811. The house was moved onto
this site and it could have been set at a lower height. It was set at the
maximum with the applicant's knowledge that it was the maximum. Mr. Pearson
said the ordinance provides that the roof may extend to 30' but the side
walls of the dormer and the side walls of the house also extend. He said
this proposal failed to meet all but one of the variance criteria, that of
not being detrimental to the nearby property owners. He said the applicant
was aware when he built the new foundation of the roof problem, but he
chose to set the house as high as possible. Further, that the applicant
could have applied for the variance before he built the foundation, rather
than after the fact. Mr. Pearson said that although there were no special
circumstances, and any difficulties had resulted from actions of the applicant,
the proposal could be approved on the basis that the requested variance was
a small one. He felt that denial would be detrimental to the neighbors
since it would result in an off -balance, changed roofline. The public
portion of the hearing was opened. Mr. Duitsman said he had a pre -move
inspection before the house was moved and also a building permit, and it
was after the footings were poured that a complaint was received, but Mr.
Whitcutt had told him he would not have noticed it if it had not been
brought to his attention. He said he was given a 30' height requirement
and he did not drop the house because he wanted a basement and because
there was a water problem in the area. He said he was 4' into the dirt and
he did not want to go farther because of the spring, and if he corrected it
the ridge of the house would be 8" higher than.it is now. No one else
wished to speak, and the publicof the
MEDINA MOVED, SECONDED BY :MR. LERAAS, portion
APPROVEeVr55979aBECAUSEdIT WASeNOT,
DETRIMENTAL TO THE NEIGHBORHOOD AND BECAUSE IT WOULD NOT INTERFERE WITH
VIEWS. MOTION CARRIED.
V4056=79 TOM BERRY - Variance from required pavement for 84th Ave. W. at 8432 Olympic
WeW Dr. (RS-12)
Mr. Pearson said this was an application for a public access road, the
standard width of which is 28', and the application was for a reduction to
181. The road is rocked and gravelled to approximately 15' in width and
Mr. Pearson said it will be difficult to get even a IS' wide roadinDrhere.
The houses around there actually get their access from Olympic
e
Mr. Pearson said the City would prefer to have this developed as a quasi
standard street. He said approval was recommended, the special circumstances
being the extremely difficult topography. The Engineering Division recom-
mended approval, saying 18' would be allowable, and they also recommended a
turnaround at the end of the road. City Attorney John Wallace said the
City Council in 1976 had approved this for 18', but that was not binding on
this body. In answer to a question, Mr. Pearson said the road would
.not necessary be centered in the right-of-way. The public portion of the
hearing was opened. Harold Huycke of 18223 84th Pl. W. asked for further
description of 84th Ave., because he lives on 84th P1. Mr. Berry said they
were talking about paving 84th from 184th north and Mr. Huycke is two blocks
south of 184th. Mr. Pearson showed Mr. Huycke a map for clarification.
Mr. Berry said this had been "kicking around" the City for ten years --the
City saying they have to pave the road in order to have a subdivision but
nobody wanting the road. He said there is a small gravel road used by one
house and the others will access from Olympic View Dro even when the road
is put in. He felt a variance should be granted because otherwise they
would be taking most of the trees out of the gully and removing huge amounts
of theretwasal from a maximumeofihillsides
lotsra road that couldeuseothisrroadybutnts He actuallyaid
BOARD OF ADJUSTMENT
Page 3 - August 159 1979
Y
V-57-79
V-58-79
only three lots probably ever would use it. A Mr. Cochran said he lives on
the corner of the entrance to the road and he would prefer an 18' road
instead of 26' as 26' would make it a thoroughfare. He said this road is a
deathtrap where it hits 184th. Mr. Berry said the ravine crosses the
right-of-way at about a 380 angle and they would have to snake around it.
He said the Fire Department wanted the road, not the property owners. The
public portion of the hearing was then closed. Mrs. Medina said she would
be in favor of the Proposal if it met Engineering Division requirements.
MR. LERAAS MOVED, SECONDED BY MRS. MEDINA, TO APPROVE V-56499 AND THAT A
TURNAROUND SATISFACTORY TO THE ENGINEERING DIVISION BE PROVIDED; APPROVAL
GIVEN BECAUSE OF THE PHYSICAL CONDITIONS OF THE AREA AND BECAUSE THE NEIGH-
BORHOOD WOULD BENEFIT FROM ITS BEING 18' WIDE RATHER THAN THE STANDARD 28'.
MOTION CARRIED.
KENNETH OLSEN - Variance to exceed square footage for accessory structure
at amine St. (RS-6)
Mr. Pearson said this application was to allow more than 1,000 sq. ft. of
accessory building area on one lot. The applicant has a garage and proposed
constructing a carport of about the same size. The applicant wished to
protect.his antique car collection, which principally consists of abandoned
cars of 1950's vintage. Two neighbors had written letters complaining
about the appearance of the property. Mr. Pearson recommended denial
because there were no special conditions to warrant the variance and the
applicant appeared to be in violation of a police ordinance which precludes
having abandoned cars on one's property; also, an unenclosed carport would
not keep the vehicles out of sight. City Attorney John Wallace clarified
that if vehicles are not operable and are stored on the premises they must
be completely out of sight. The public portion of the hearing was opened.
Paul Zede of 2044 N. 78th St., Seattle, asked that this matter be continued.
He said Mr. Olsen was out of town and had asked him to sit in on this
hearing, but.he had no idea that the situation was such as it was, and he
did not feel he could serve as the applicant's representative. There was
objection from people in the audience because they had sat through the rest
of the meeting waiting for this hearing. The public portion of the hearing
was then closed. MR. HATZENBUHLER MOVED, SECONDED BY MR, LERAAS THAT V-57-79
BE CONTINUED TO SEPTEMBER 199 1979 AND IF THE APPLICANT DOES NOT APPEAR IT
WILL BE DROPPED AND MUST BE RESUBMITTED; ALSO, IT IS TO BE HEARD EARLY ON
THE AGENDA. Mr. Byrd felt that in the future a policy should be adopted
that if an applicant does not appear the item will be dropped and the
applicant must reapply. Mr. Pearson noted that such a policy may not be
productive in those cases where the applicant does not really need City
approval. THE MOTION THEN CARRIED.
PER SANDSMARK - Variance from required length/width ratio and to allow more
than t ree omes on a private road at 21100 88th P1. W. (RS4)
Mr. Pearson said a subdivision had been approved for this property, subject
to the applicant's obtaining the two variances. He recommended approval
because it was a minimum length/width variance, because there would be no
additional traffic on the road, and because neither variance would be
detrimental to the area. The public portion of the hearing was opened.
Bob Stevenson of Reid, Middleton & Associates, representing the applicant,
said former Associate Planner Nancy Luster had assigned the side yard. He
said the actual length/width ratio could not be identified because it is a
very unusual lot. One of the provisions of the subdivision was that there
would be no further subdivision of this property. The easterly 25' of the
property was the subject of a boundary line adjustment between the applicant
and Bennett Box, so the lot is 25' wider than it used to be. Dr. Ed Cardiff
of 21070 88th P1. W. asked what the access to the lots would be as he
wanted to see whether his ingress/egress would be affected. This was
explained to his satisfaction. The public portion of the hearing was then
closed. Mr. Leraas commented that this appeared to be a reasonable request,
considering the physical characteristics of the property. MRS. MEDINA
MOVED, SECONDED BY MR. LERAAS, TO APPROVE V-58-79 WITH THE CONDITIONS THAT
THE APPLICANT ACQUIRE THE 25' FROM BENNETT BOX AND THAT THE PROPERTY NOT BE
SUBDIVIDED FURTHER. MOTION CARRIED.
There was no further business to come before the Board, and the meeting was adjourned
at 10:00 p.m.
EDMONDS BOARD OF ADJUSTMENT
Page 4 - August 15, 1979