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CITY OF EDMONDS ZONE'_ PERMIT
CONSTRUCTION PERMIT APPLICATION NUMBER
JOB SUITE/APT a i OWNER NAME NAME OF BUSINESS ADDRESS 15927-75th Pl,W,
`:ct�y7AR'D GLAZER LEGAL DESCRIPTION CHECK SUBDIVISION NO LID NO
Z MAILING ADDRESS
0 15927-75•th PL,W,
CI I Y PUBLIC RIGHT OF WAY PER OFFICIAL STREET MAP. TESCP Approved ❑
ZIP TELEPHONE NUMBER
EXISTING REQUIRED DEDICATION RW Permit Required ❑
Edmonds 9 3 0 2( 7 4 3- 2 4 0 0 Street Use Permit Req'd ❑
NAME PROPOSED Inspection Required ❑ '
Sidewalk Required ❑ t7
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STATE LICENSE NUMBER EXPIRATION DATE
Legal Description of Property - include all easements
Block 030 D-00
.Lot 8 EXC N, 30 FT THOF £t LOT 9
RXr F� 10—FT Tung
Property
Tax 51 31-030-008-0000
ParcelrcelNo..
NEW RESIDENTIAL PLUMBING
ADDITION COMMERCIAL MECHANICAL
REMODEL APT. BLDG. El SIGN
REPAIR ❑ GRADING ❑ FENCE
CYDS. ( X_FT)
DEMOLISH ❑ WOODSSWIM POOL
INSERT HOT
HOT TUB SPA
lGASRAGE El ROCKE YRETAINING WALL/ RENEWAL
(TYPE OF USE. Bl1SINESS OR ACTIVITY) EXPLAIN:
NUMBER OF STORIES NUMBER OF
DWELLING
UNITS
DESCRIBE WORK TOtr,,BE DONE (ATTACH PLOT PLAN)
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ENGINEERING MEMO DATED
SIZE IBUILDING
SIGN AREA
ALLOWED I PROPOSED
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SIZE NO. OF FIXTURES
SEPA REVIEW
COMPLETE „ EXEMP%T�
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SPECIAL INSPECTOR AR/E/A�'� �, OCCUPANCY/ OCCUPANT
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PROGRESS INSPECTIONS PER
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PLAN CHECK FEE Lr y
HEAT SOURCE: GLAZING BUILDING -7
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PLUMBING
Plan Check No. 3T MECHANICAL
This Permit covers work o be done on private property ONLY. GRADINGIFILL
Any construction on the public domain (curbs, sidewalks,
driveways, marquees, etc.) will require separate permission. STATE SURCHARGE
Permit Application: 180 Days
Permit Limit: 1 Year - Provided Work Is Started Within 180 Days STORM DRAINAGE FEE
"Applicant, on behalf of his or her spouse, heirs, assigns and ENG. INSPECTION FEE
(n successors in interest, agrees to indemnify, defend and hold
W harmless the City of Edmonds, Washington, its officials,
employees, and agents from any and all claims for damages of
= whatever nature, arising directly or Indirectly from the issuance /B
of this permit. Issuance of this permit shall not be deemed to PLAN CHECK DEPOSIT
omodify, waive or reduce any requirement of any city ordinance
x nor limit in any way the City's ability to enforce any ordinance provision." TOTAL AMOUNT DUE
I hereby acknowledge that I have read this application; that the
information given is correct; and that I am the owner, or the duly ATTENTION APPLICATION APPROVAL
authorized agent of the owner. I agree to comply with city and THIS PERMIT
state laws regulating construction; and in doing the work authoriz- AUTHORIZES This application is not a permit until
ed thereby, no person will be employed in violation of the Labor ONLY THE signed by the Building Official or his/her
Code of the State of Washington relating to Workmen's Compensa- WORK NOTED Deputy; and fees are paid, and receipt is
tion Insurance. INSPECTION acknowledged in space provided.
SIGNATURE (OWNER OR, AGENT) DATE SIGNED DEPARTMENT
OFFIC GNATUP DATE
CITY OF
EDMONDS
ATTENTION
CALL FOR LE Y DATE IT IS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE INSPECTION
UNTIL A FINAL INSPECTION HAS BEEN MADE AND APPROVAL OR 771'0220 ORIGINAL — File YELLOW — Inspector nn
A CERTIFICATE OF OCCUPANCY HAS BEEN GRANTED. UBC """///
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PLOT PLAN
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]BY order of the. Building Official for the
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All ]Persons Are Ordered to
WORK
Pursuant to Section 202(d) of the Uniform Building Code the Building Official for the
City of Edmonds hereby orders all work to STOP at the site listed below.
Address:
For the following reason(s):
at _ fD•DD e/pm
J.J IA J lti 1116
WARNING
The failure to stop work; or the
resuming of work without permis-
sion from the Building Official,
or the removal, mutilation, or
concealment of this notice is
punishable by fine and imprison-
ment.
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CITY OF EDMONDS
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sf LAURA M. HALL
M•250 - STH AVE. N. EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221 MAYOR
COMMUNITY
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February 24, 1993
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WW Mr. Howard Glazer.
15927 75th Place West
Edmonds, Washington98020
RE: Carport
This letter is a followup to our conversation at the Community Services counter on
2/22/93, As you know you are in violation of Uniform Building Code section 301 which
requires a permit' for the construction of a carport. You are also in violation of City
Ordinance #2661 and Edmonds Community Development Code chapter 19.05 which
governs construction within the Earth Subsidence Area ofMeadowdale. Compliance with
City codes is necessary to assure the fair treatment of all citizens. Unfortunately, by
constructing the carport in advance of obtaining the required permit other problems have
been created which may or may not be resolveable. .
As you discussed with John Bissell of the Planning Department, the carport appears to
infringe within a designated critical areas buffer. Also, your property is located in a
designated environmentally sensitive area and the seriousness of a possible SEPA violation`
has yet to be determined. Tile carport also appears to encroach into a designated City
right-of-way. Even -though the right-of-way is undeveloped it is still City property and
encroachment is not permitted. You must apply for and be granted a street vacation or
you must be prepared to relocate the carport on private property. - In addition, the
Edmonds Community Development Code requires a 25'foot setback from the east
property line. A variance would be required in order to locate the carport closer than 25
feet from the property line.
The Building Division requires that you obtain the services of a licensed geotechnical
engineer to make a site inspection and prepare a report which describes the impact of the
carport on the site. This engineer should be familiar with the Earth Subsidence ordinance
and the criteria for development. The City needs construction drawings for the carport,
including drainage details. ;
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
.Because of the seriousness of this violation the City would like you to respond with a
WIN
complete permit submittal package by March 19, 1993 The complete submittal includes
the engineers report, construction drawings, critical areas and SEPA checklist, and
applications' for street vacations or variances. Please feel free to contact the Building
Division at 771-0220 if you have any questions.
Thank you,
!�r. ILL,
1
Jeannine L. Graf
Acting Building Official
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'- CITY OF EDMONDS, LAURA M. HALL
MAYOR t'
250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 FAX (206) 771-0221 "•
=annr�eiwrr�r
HEARING EXAMINER
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FINDINGS AND DECISION 03 `
OF THE HEARING EXAMINER OF THE S�P 2 9
CITY OF EDMONDS pL.AN411IS DEPT. x'
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IN THE MATTER OF THE APPLICATION FILE: V-93-85All
Yl'
OF HOWARD Be GLAZER FOR APPROVAL
OF A VARIANCE
DECISION: The requested setback for a 0 foot street setback is ;
granted.
F,
INTRODUCTION
Howard Glazer, 15927 - 75th Place West, Edmonds, Washington
(hereina ter referred to as applicant)-, requested 'approval for a
variancE@sj for a reduction of the street setback on the east pe
property line from twenty-five feet to six feet should street
vacation, ST-93-84, be approved; or a variance of 0 ,feet should the ;f
street vacation, ST-93-84,be denied. The requested variance was
made in order to construct a detached two car garage on a lot with
an existing single family residence. .
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A hearing on the request was held before the Hearing Examiner of ,f
the City of Edmonds, Washington, on September 16, 19930 The J
hearing was held in conjunction with the request to vacate ten feet x
of right-of-way on 74th Place West (file number ST-9,3-84).
t.ilC hearing t;<i2 following presented tes t.iruor.1T and E81ueT'.CC : j
JEFFREY So WILSON HOWARD Be GLAZER
Planning Dept. 15927 - 75th Place West 41
City of Edmonds Edmonds, WA 98026
Edmonds, WA 98020
At the hearing the following exhibits were submitted and were -
admitted as part of the official record of this proceeding:
Exhibit A - Staff Report
Attachment 1. Vicinity/Zoning Map
2. Application
3. Applicant's narrative for variance request
n 4. Site Plan
n 5, North elevation of proposed garage
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HEARING EXAMINER DECISION
RE: V-93-85 9/28/93
Page 2
Exhibits continued:
6 , Survey prepared by Max Meyring of existing
house and encroachment
u 7. Declarations of applicant
8. Environmental Checklist
n 9. Staff Environmental Review Memorandum
10. Environmental Determination (DNS)
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't CriticalDeterminaAreastion oChecklistifiNoo. CA-93w,45
Critical
12. Critical Areas Determination - No. CA-93-
45
Exhibit B - Series of nine photographs submitted by the
applicant
After due consideration of the evidence presented by the Applicant,
and evidence elicited during the public hearing, the following
Findings of Fact and Conclusions constitute the basis of the
-4 decision of the Hearing Examiner.
FINDINGS OF FACTS
; 1. The applicant requested .approval. of variance to reduce the
r street setback from twenty-five feet to six feet should street
���sfm.£^` 4,rw.' vacation, file ST-93-84, be approved; or 0 feet should street
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vacation, file ST-93-84, be denied. The Hearing Examiner has
recommended to the City Council of the City of Edmonds that ST-93-
�' s 4 _ ' Accordingly, these Findings are drafted based on the
84 be denied. Should the City Council approve ST-93-
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Si'jtr(t��yKr�'kF�`' t requested 0 foot setback.
try4w�tr Y110', 84, additional Findings and a decision will be drafted at a later
date.
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WR:+ 2 The subject property is an 11,400 square foot parcel of land
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{•r"'�r�'G4�1:,�r�. t<4j , that is rectangular in shape. It is located between the right -of-
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£,Ir�;;'r"Y��{r `.�, ways of 75th P ce West and 74th Place West and fronts both of the '
streets. It/os 95 feet in width. The property is developed with
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a single famrl�r�residence.
F.>�fr7rgrr°r;''iExLyin x ♦ R N! t fr5 >� fJ rJ'<1J 1 i
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>' ,i£1j`r'`,'t „�,� �,; fZ,,',' ; 3. The subject property is zoned RS-20. The minimum area of lots
Y` ° ; "r; ' A,Y in_ RS-20 zones is 20, 000 square feet. The subject property is a
nonconforming lote
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4. The subject property slopes from the east property line to the
west property line. There is also a small drainage channel which
extends throughout the property from east to west which effectively
bisects the property.
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HEARING EXAMINER DECISION
RE: V-93-85 9/28/93
Page 3
5. The surrounding properties are zoned RS-20. All of the
properties except the property to the east are developed with
single family residences. The property to the east is undeveloped.
6. The Edmonds Community Development Code (ECDC) 16.209030
establishes the minimum street setback for RS-w20 zoned properties �
as twenty-five (25) feet. The applicant seeks a 0 foot setback,
presuming the denial of the requested vacated right-of-way on 74th
Place West.
7. In order for a variance to be granted within the City of
Edmonds, the criteria of ECDC 20.85.010 must be satisfied. Those
criteria include:
A. Because of the special circumstances relating to the
property, the strict enforcement:of the zoning ordinance would
deprive the owner of use rights and privileges permitted to
other properties in the vicinity with the same zoning.
B. The approval of the variance would not be a grant of
special privilege to the property in comparison with the
limitations upon other properties in the vicinity with the
same zoning.
Ce The approval of the variance will be consistent with the
Comprehensive Plan of the City of "Edmonds.
D. The approval of the.. variance., -will be consistent with the,
purposes of the zoning ordinance and the zone district in
which the property is located.
E. The variance as approved or conditionally approved will
not be significantly detrimental to the public" health, safety
and welfare or injurious to the property or improvements in
the vicinity and same 'zone.
Fe The requested variance is the minimum necessary to allow
the owner the rights enjoyed by other properties in the r
vicinity with the same zoning.
(ECDC)
80 The subject property does not have an enclosed garage or
carport. It is the intent of the applicant to develop,the.same.
The applicant has commenced construction of this structure; but the
activity has been terminated until the necessary permits from the
City of Edmonds are secured.
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HEARING EXAMINER DECISION
RE: V-93-85 9/28/93
Page 4
9. The property has access on both 75th Place West and 74th Place
West. The applicant's property, however, is restricted because of
the existing stream immediately north of the residence. The stream
puts limitations on the development of the property in all areas
except the southeast corner where the garage is proposed. No
garage could be placed off 75th Place West because there is a
significant slope that prohibits development. The slope on the
site and the stream that extends throughout the site result in a
limited building envelope which are special circumstances that
necessitate the grant of a variance.
10. The grant of the variance will not be the grant of a special
privilege to the applicant. The physical limitations as noted
create a disadvantage to the applicant for the development without
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a variance.
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lie The requested variance is consistent with the purposes of the
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kr1k'+, Comprehensive Plan of the City of Edmonds. It allows for a
x'y�" ;- ` detached garage in a single family zoned lot that is consistent ' At
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the low density designation of the sub'pr
operty. p
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t provides orderly and coordinated development of the land and is
consistent with ECDC 15. 05. 010 (C) .
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a, t�. 12 The requested variance is consistent with the purposes of RS-
20 zones. It provides for a nonresidential use (the garage) , which
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is compatible with single family dwelling. It is consistent with
�wY ECDC 16.20. 000 (B) .
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yyx . , _ 13.. The requested variance for a 0 foot setback is the minimum
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Cx variance request.
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14. The requested variance will not be detrimental to other
"r properties in the area.
15. The applicant submitted that the 0 foot setback variance is
necessary if the street vacation is denied. It was the applicant's
preference to have the six foot setback variance with the street
vacation. ,If the City Council grants the street vacation,
additional Findings and a decision on the six foot variance will be
made.
CONCLUSIONS
1. The application is for the.. approval of a variance from the -RS-
20 street setback standards for property located at 15927 - 75th'
Place West, Edmonds, Washington. The applicant requested a
reduction of the twenty-five foot street setback to a six foot
street setback should the street vacation as applied for under file
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HEARING EXAMINER DECISION
RE: V-93-85 9/28/93
Page 5
number ST-93-84 be approved. If not approved, the applicant has
sought a 0 foot street setback from 74th Place West. These r
Findings and Decision have been drafted with the presumption that
the City Council will adopt the recommendation of the Hearing
Examiner of denial of the street vacation. Only the 0 foot street
setback has been addressed in these Findings. Should the C11ty
Council approve the street vacation, the Hearing Examiner will
draft Findings and Decision with regard to the requested six foot
street setback.
20 In order for a variance to be granted within the City of
IV
Edmonds, the criteria of ECDC 20.85.010 must be satisfied. These
criteria have been identified in the Findings of this document and
the manner in which they are satisfied has also been addressed.
The Findings relating to the manner in which the criteria are
satisfied are hereby adopted as Conclusions in support of the ^`
Decision.
3. The requested variance for a 0 foot street setback is
consistent with the criteria of 20.85.010.
{
DECISION
Based upon the preceding Findings of Facts and Conclusions the
testimony and evidence submitted at the public hearing, and upon s'
the impressions of the Hearing Examiner at a site view, it istoll
hereby ordered that the requested variance for a 0 foot street
setback for, the property at 15927 - 75th Place West, Edmonds,
Washington is granted subject to the following conditions:
1. This application is subject to the applicable
requirements contained in the Edmonds Community Development
Code. It is the responsibility of the applicant to ensure
compliance with the various provisions contained in these ;1
ordinances. `_ta
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2. This permit shall expire one (1) year from the final date
of approval (date of Hearing Examiner's decision,':or Council
approval upon appeal) Unless the applicant applies for and
receives an extension, as provided for in the Edmonds
Community Development Code.
3. The applicant must obtain a building permit prior to the
commencement of any work on site.
4. Pursuant to ECDC section 20.85.010(E) the approved
variance shall only run with the subject property, and may not
be transferred to any other property.
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HEARING EXAM
RE: V-93-85
Page 6
ER DECISION
9/28/93
5. This variance applies only for the 0 foot street setback
requested by the applicant. Should the City Council approve
the street vacation request under file number ST-93-84,
additional Findings will be drafted by the Hearing Examiner
with regard to the six foot street setback. No decision is
made by these Findings for the requested six foot street
setback.
6. The variance is granted only for the 0 foot street'
setback.
7. The applicant must take measures to remove any
encroachments of any structures that are in the existing
right-of-way.
8. Should the City Council vacate the western ten. feet of
74th Place West, the variance is not needed and is denied.
Entered this 28th day of September, 1993, pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code of the City of Edmonds.
0S a DRISCOLL
earing 1► Examiner
NOTICE OF RIGHT TO APPEAL
Written appeals alleging specific error of fact or other grounds
for appeal may be filed with the Planning Department, City of
Edmonds, Civic Center, Edmonds, Washington 98020, within fourteen
(14) days of the date of the Hearing Examiner's final action.
In this matter any appeal must be received by the Department prior
to 5:00 p.m. on October 12, 1993
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June 3, 1993
CITY OF EDMONDS
LAURA M. HALL
250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 FAX (206) 771-0221 MAYOR
COMMUNITY SERVICES DEPARTMENT
Public Works • Planning . Parks and Recreation • Engineering
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Howard Glazer pFiQ��Tss
15927 175th Place West �+�U
Edmonds, WA 98026
Dear Mr. Glazer:
Subject: REQUEST FOR REVISED MATERIAL TO SUPPORT STREET VACATION'
APPLICATION; FILE NO. ST-93-84
The City Clerk as recently informed me that she can not` certify your current petition for
vacation of a portion of the 74th Place West right-of-way. The, City Clerk upon consultation
with the City Attorney has determined that your petition lacks a clear legal description and
terminus of the right-of-way which you are requesting be vacated. Therefore,_I am returning
your original petition for the appropriate revisions.
Until your street vacation petition is corrected and certified by the "City Clerk, I can not
proceed with the review and pubic hearing on your street vacation application. Furthermore;
as your variance application is dependent upon your street vacation request, I am also holding
your variance application from a hearing date, until your street vacation` petition is certified by
the City Clerk, and both applications can be heard simultaneously. - -�
As these two. request have been submitted by you to correct violations, it is imperative that you
submit the requested revisions to your street vacation petition immediately. Therefore, I feel ,it
is important to establish a deadline of June 18th, 1993 for submitting the required information.
If you should have any questions related to the Street Vacation petition, please do not hesitate '
to contact Rhonda March, City Clerk at 771-2525. If you should have any questions regarding
your variance or street vacation applications, please do not hesitate to contact me at 771-02230
Sincerely, k
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Community Services Department - Planning Division: d
Jeffrey S. Wilson, AICP
Current Planning Supervisor r
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LAURA M. HALL •
250 - 5TH AVE. N. EDMONDS, WA 98020 (206) 771-0220 • FAX (206) 771-0221 MAYOR
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~ HEARING EXAMINER {
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FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
IN THE MATTER OF THE APPLICATION OF FILE:-ST-93-84
OF HOWARD B. GLAZER, et al. FOR APPROVAL
OF A RIGHT-OF-WAY VACATION
RECOMMENDATION
It is recommended that the western ten feet of the`74th Place West
right-of-way between North Meadowdale Beach Road and 158th Street
S.W., Edmonds, Washington not be vacated.
INTRODUCTION'
Howard B. Glazer, 15927 75th Place West, Edmonds, WA 98026 and
six other parties (hereinafter referred to as Applicant) , requested
approval of a vacation of the western ten feet of the 74th Place
West right-of-way between North Meadowdale Beach Road and 158th
Street So W. , Edmonds, Washington (hereinafter referred to as night -
of -way).
A hearing on the request was held before the Hearing Examiner, of
the City of Edmonds, Washington, on September 16, 1993.
At the hearing the following presented testimony and evidence:'
JEFFREY S. WILSON HOWARD B GLAZER
Planning Dept. 15927-- 75th`Place West
City of Edmonds Edmonds, WA 98026
Edmonds, WA 98020
At the hearing the following exhibit were submitted and, were
admitted as part of the official record of this proceeding:
Exhibit A - Staff Report
Attachment 1 - Street Vacation Application
2 - Street Vacation Petition
3 Map. indicating location of proposed
street vacation
4 - "Certificate of Suf f iciency" prepared' by '
the City Clerk (8/10/93)
5 - Vicinity/zoning map ¢#
• Incorporated August 11, 1890
Sister Cities International — Hekinan; Japan
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HEARING EXAMINER RECOMMENDATION
RE: ST-93-84 9/28/93
Page 2
Exhibits continued:
6 - Environmental Checklist
" 7 - Staff Environmental Review Memorandum
8 Environmental determination (DNS)
Determination of Nonsignificance
" 9 - Critical Areas -Checklist No. CA-93-45
" 10 - Critical Areas Determination- No. CA-93-
45
" 11: - ECDC chapter 20 e 7O (Street Vacations) -
(Pre June 11, 1993 Amendments)
Exhibit B - Series of photographs - submitted by the
applicant
After due consideration of the evidence presented by the Applicant
and evidence elicited during the public hearing, the following
j Findings of Fact -and Conclusions constitute the bas
1 4 1 r JSr of the
recommendation of the Hearing Examiner,
FINDINGS
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1. The applicant requested approval of a vacation of right-of-way
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located on the western ten feet of 74th-Place West right-of-way
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' between North Meadowdale Beach Road and 158th Street S.
W. Edmonds,
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ldddWashington. This right-of-way is a 10 foot by 600 foot long parcel
of land that encompasses approximately 6,000 square feet- in area.
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+,r`� r r' , 2. The right-of-way is not open and not developed to City
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3 The zoning of the properties surrounding the right-of-way is
` r RS-20. This zoning designation allows lots of 20, 000 square feet
or more. The property to the north is developed with
,^: !f :dir - h single family P s 1 a y
residences as is the property to the south and west. The property
to the east is undeveloped at this time.
4. Pursuant to the State Environmental Policy Act (SEPA) the City
K of Edmonds was the lead agency for review of environmental impacts
from the proposed request. On August 23, 1993 the City issued a
Determination of Nonsignificance (DNS) The DNS -was issued
pursuant to the submittal of an Environmental Checklist and
additional environmental information. The applicant has satisfied
the requirements of SEPA.
5. The jurisdictional authority of the Hearing Examiner to review
L. the request, and the criteria used as the basis for recommendatL L.ion.
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HEARING EXAMINER RECOMMENDATION
RE: ST-93-84 9/28/93
Page 3
to the City Council, are set forth in Edmonds Community Development
Code (ECDC) 20.70.020B (1-5). They include:
1. Whether the proposal is consistent with the Comprehensive
Plan.
2. The usefulness or potential usefulness of the street to
the general public, residence of the nearby area, and owners
of the property adjacent to the street.
3. The conditions of the street improvement.
4. Whether the City should reserve an easement for
construction, maintenance, and repair of public utilities,
services or public facilities.
5. Whether to recommend to the Council that the owners of
the adjoining property be required to compensate the City.
The Hearing Examiner may require the applicants to provide an
appraisal of the property value prepared by a qualified
realtor appraiser.
6. ECDC 18. 80. 010 sets forth the minimum. street. widths for public
right-of-ways. A minimum street width is determined based on the
number of dwelling units served or the potential units to be
served. For RS-20 zoned properties, one to four units require a
minimum right-of-way of twenty feet; five to nine lots of developed
units require a minimum right-of-way of thirty feet; and, ten to
fifteen lots of developed units require a minimum right-of-way of
forty feet. Currently, 74th Place West provides access to:four
lots. If these four lots were the only lots served by 74th Place
West, the right-of-way vacation would be justified because it would
satisfy these standards. However, other lots in the area can be
developed and thus the higher right-of-way standards as set forth
in ECDC 18.80.010 must be applied.
7. The subject property is designated on the Comprehensive Plan
Map of the City of Edmonds as being in a "low density residential"
area. Transportation goals and policies for the City of Edmonds
are set forth in the ECDC 15.25.000(B) and ECDC 15,250000(D).
8 . ECDC 15. 25. 000 (B) 1 establishes a goal for the City of Edmonds
that streets and highways be located and designed to meet demands'-
for both existing and projected land uses. Because there is a
potential for 74th Place West to provide access service` to
additional undeveloped lots, the vacation of the right-of-way is
not warranted. To reduce the right-of-way would reduce ;the
potential width of the road needed to serve potential lots and
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HEARING EXAMINER RECOMMENDATION
RE: ST-93-84 9/28/93 }
Page 4
would be contrary to the road development standards of the City of
Edmonds.
90 The City submitted that the existing right-of-way appears to
be sufficient to meet current and future traffic needs for the lots
it would serve. Vacation of a portion of the existing right-of-way
as proposed would reduce the right-of-way below the minimum
standard required to serve future development. The street has a
usefulness to the general public and to the owners of the property
adjacent to the street. i
10. As noted, the ten feet of the right-of-way that is sought to
be vacated is unimproved. The right-of-way could be improved to
extend access to the undeveloped lots in the area.
11. The applicant submitted that all residents in the area use
75th Place West rather than 74th Place West. He contended that
74th Place West does not extend to any developed properties, and,
he was of the opinion that the lots that could still be developed
would be landlocked and would not be able to use 74th Place West.
Further, the applicant submitted that to extend 74th Place West
would be cost prohibitive and no services within the street could '
be provided. He submitted that all future 'access would be off 75th
Place West.
12. The applicant testified that he had lived at his property for
twenty-six years and had never observed the City maintain or ;
improve 74th Place West. He submitted that the street has been
used as an alley and not as a road. He submitted that the vacation
would keep 74th Place West in its present use. He further F
submitted that all of his neighbors are in agreement.
13. The Planning Department submitted that -the proposal had been
reviewed by various departments within the City. It was the
consensus of the City departments that 74th Place West could be
developed in the future and would be necessary for the development
of the lots in the general vicinity. According to the City
representative, a thirty foot right-of-way is required for this
street. The City recommended denial of the request. -
CONCLUSIONS
1. The application is for the approval of the vacation of the
western ten feet of 74th Place West right-of-way between North
Meadowdale Beach Road and 158th Street S.W., Edmonds, Washington.
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HEARING EXAMINER RECOMMENDATION
RE: ST-93-84 9/28/93
Page 5
2. Pursuant to ECDC 20.100.010(B) the Hearing Examiner of the
City of Edmonds has jurisdictional authority to hold'a hearing and
make recommendations to the City Council on this application.
30 The criteria for review of street vacations are set forth in
ECDC 20 a 70 a 020B (1-5) e They have been identified in the Findings of
this document. Not all of the criteria are satisfied by the
request.
4 . The .request• .is not consistent with the Comprehensive Plan -off
the City of Edmonds and, in particular, 15.25.000(B)1. The
vacation would result in projected land uses in the vicinity not
having access roads that satisfy the RS-20 street width standards.
The streets would not be designed to meet the demands of projected
land uses.
5e The proposal is not consistent with the Comprehensive Plan of
the City of Edmonds and, in particular, ECDC 15e25e000(D). The
right-of-way reduction would result in a designthat would' not be
related to needs of the local community.
6. Because of the potential development in the area and the use
of 74th Place West as access to that development, the criteria of
ECDC 20e70e020B(1-5) are not satisfied.
RECOMMENDATION
Based upon the preceding Findings of Facts and Conclusions, the
testimony and evidence submitted at the public hearing, and upon
the impressions of the Hearing Examiner at a site view, it is
hereby recommended to the City Council of the City of Edmonds.that
the requested vacation. of the-wesstern ten feet of 74th Place West
right-of-way between North Meadowdale Beach Road and 158th Street
S.W., Edmonds, Washington, be denied. The basis for this denial is
that the criteria for right-of-way vacations as set forth in'ECDC
20e70.020B(1-5) are not satisfied. The proposal is not consistent
with the Comprehensive Plan (see Conclusions) Further, there is'
a potential usefulness of the street to the general public and, to
the owners of the property adjacent to the street.
Entered this 28th daySeptember, of 1993
pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code of the City of dmonds.
oez
AMES Me DRISCOLL
Hearing Examiner
NOTICE OF RIGHT TO APPEAL
Written appeals alleging specific error of fact or other grounds
If
for appeal may be filed with the Planning Department, City of
Edmonds,.Civic Center, Edmonds, Washington 98020, within fourteen
(14) days of the date of the Hearing Examiner's final action.
In this matter any appeal must be received by the Department prior
to 5*00 p.m. on October 12, 1993
ON
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