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bld20070210 setback info.pdf890-19gv CITY OF EDMONDS 250 - 5TH AVE. N.. EDMONDS, WA 98020 . (206) 771-0220 . PAX T206) 771-0221 HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF. THE CITY OF EDMONDS LAURA M. HALL MAYOR IN THE MATTER OF THE APPEALS FILE: AP -93-1.10 OF CARL PEARSON OF AN ADMINISTRATIVE DECISION `DECISION: The appeal is upheld in part, the revocation of the short plat originally issued by the Edmonds Planning Department on the short subdivision is removed and a modification of the short subdivision is granted. ,INTRODUCTION On March 27, 1989, the City of Edmonds approved a three lot short subdivision on property located at 16311 - 75th Place West, The subdivision was approved subject to conditions. On May 11, 1993 the Planning Department of the City of Edmonds voided the short plat that had been approved and imposed new conditions for the development of the site. The Planning Department's decision was appealed by the owner of the property, Carl Pearson (hereinafter referred to as appellant). A hearing on the appeal was held before the Hearing Examiner of the City of Edmonds on July 1, 1993. An additional hearing was held on July 8, 1993. At the hearing the following presented testimony and evidence: JOHN BISSEL Planning Dept. City of Edmonds Edmonds, WA 98020 CARL PEARSON 8227 - 229th St. S.W. Edmonds, WA 98026 At the hearing the following exhibits were admitted as part of the record for the hearing: Exhibit 1 -- Staff Report with the following attachments Attachment 1 - Vicinity/Zoning Map It 2 - Letter of appeal " 3 - Planning Department's Hearing Officers Staff Report and Decision re: Short Plat Compliance Review; file number S--8-87 • Incorporated August II, 1890 • SiKtPr CitiPa Tntorn;)6nnA1 --- HP4;nan .lancer, HEARING EXAMINER DECISION RE: AP -93-110 7/15/93 Page 2 Exhibits continued: It 4 - Originally recorded short plat map It 5 - Approved development plan " 6 - Proposed recording cover sheet with proposed conditions of approval After due consideration of the evidence presented by the appellants, evidence elicited during the public hearing and as a result of the personal inspection of the subject property and surrounding areas by the Hearing Examiner, the following Findings of Fact and Conclusions constitute the basis of the decision of the Hearing Examiner. FINDINGS OF FACTS 1. On March 27, 1989, the City of Edmonds approved a three lot short subdivision for the property located at 16311 - 75th Place West, Edmonds, Washington. The short plat (s-8-87) was approved subject to a significant number of conditions. 2. On May 11, 1993, the City of Edmonds Planning Department determined that conditions of the subdivision had not been satisfied. As a result, the City voided the original approval of the plat and established new conditions that had to be complied with by June 15, 1993. In addition, conditions that had to be complied with by September 1, 1993 were also imposed. The appellant submitted an appeal of the Planning Department's decision voiding the original short plat. 3. On July 1, 1993, a hearing on the appeal was held. At the public hearing, the appellant7 provided extensive testimony and evidence to support his contention that the City of Edmonds had, through its actions, effectively prohibited him from completing the work of the platting of the short subdivision. Because of inattention to a request for a conditional use permit and the revocation of a building permit, the appellant argued that he effectively was estopped from performing the development work and that the City"s actions were being used to void the original permits. 4. At the July 1, 1993 hearing the City presented testimony that the appellant had not completed installation of all required plat improvements within the specified period of time. As a result, the site was not being developed. 5. Ater listening to extensive testimony from both sides with regard to the City's actions and the lack of completion of the HEARING EXAMINER DECISION RE: AP -93-110 7/15/93 Page 3 Preliminary plat, the Hearing Examiner of the City of Edmonds continued the hearing for the purpose of allowing the appellant and the City to resolve certain issues. The hearing was continued to July 8, 1993. 6. During the week between July 1 and July 8, 1993 the appellant and City representatives met to resolve issues relating to the short plat. The purpose of the meeting was to draft conditions for. the development of the short plat that could be accomplished. by the appellant within a reasonable time, while at the same time, satisfying the legal requirements of the City and the State of Washington. 7. As part of the solution the City proposed that a modification of the short plat be approved subject to conditions and that the appellant and the City enter into an agreement relating to conditions of the plat. a. The Edmonds Community Development Code (ECDC) 20.75:075 sets forth the requirements for modifications of short plats. The criteria for modifications, which are the same criteria as for variances, 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. C. 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. F. The requested variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. HEARING EXAMINER DECISION RE: AP -93-110 7/15/93 Page 4 (ECDC) 9. The proposed modification involved the location of the roadway and the establishment of setbacks for lots one and two. The proposed modification would create the following setbacks for lot one: ten feet from south line; twenty-five feet from west line; fifteen from the edge ofhe private joint access right of way found along the north line�fifty feet from the toe of the slope as determined by the original recorded subdivision, unless the edge of the private access right of way protrudes west of the fifty foot setback of the toe of the slope.] In that case, a minimum five foot setback must be maintained from the edge of the right of way. The setbacks for lot two would be: ten feet from the north line; twenty-five feet from the west line; fifteen from the edge of the private joint access right of way found along the south line; and, fifty feet from the toe of the slope as determined by the original recorded subdivision, unless the edge of the private access right of way protrudes west of the fifty foot setback from the toe of the slope. In that case, a minimum five foot setback must be maintained from the edge of the right of way. 10. The topography of the subject property includes a significant slope downward from east to west. The eastern portion of the subject property is unsuitable for building lots. In addition, there is a steep slope near the western edge of the property which makes access difficult to the subject property. In order to provide access within this limited natural area, the appellant has proposed a joint access for lots one and two. The City has indicated that the proposal is reasonable because of the special circumstances of the steep slopes on the site. 11. The modification is not a grant of a special privilege. The unusual steep topographical configurations of the site along with the geographical limitations necessitate some relief in order for the property to be developed. 12. The Comprehensive Plan of the subject property is low density residential and the zoning is RS -20. The requested modification is consistent with both of these designations.. All of the lots will exceed 20,000 square feet and will be developed as low density residential. The modification will allow more reasonable access to each of these lots. 13. The requested modification will not be detrimental to other properties in the area. The property is located immediately west and below a steep bank that slopes sharply. All buildings on the property east of the subject property are approximately 100 feet above the building sites of the subject property and are set back because the steep slope is on the appellant's property. Thus, HEARING EXAMINER DECISION 'RE: AP --93-114 7/15/93 Page 5 there will be no significant impact to any of the properties east of the property. In addition, there appears to be no problem with slippage or sloughage from the bank. The properties nearest the site to the west are over ninety feet from the proposed lots. 14. The proposed location of the roadway has been reviewed and recommended by a geotechnical engineer. 15. The requested modification appears to be a minimum request in order for the appellant to develop the property. 16. In addition to the modification, the City recommended that the short plat be further amended with a Proposed 'agreement setting forth further conditions ofapproval of the plat. A copy of the agreement is attached hereto and incorporated in these findings by this reference. 17. The appellant indicated support of the agreement with a few exceptions. specifically, he requested that paragraph 16 and #7 should be revised to address time limits to building permit #910302. According to the appellant, building permit #910867, which was issued for lot #3, should have a one year life from the date of the decision. This would allow a building period of one year to complete the structure. According to the appellant, this amount of time should be allowed because of prior City action relating to the work stoppage on site. The necessary construction that would take approximately nine months has not been allowed to be done. 18. The appellant further contended that development permit #910302 should be revised to allow 259 days to finish the development. According to the appellant, the actions of the previous inspectors of the City of Edmonds, effectively eliminated 106 days from the completion of the plat. This amount of time, according to the appellant, should be added to the total time remaining on the plat permit. 19. The appellant submitted that condition #.9 is vague and should be rewritten. He contended that it should be consistent with ECDC chapter 20.15. . In particular, the appellant contended that provisions should be made for maintenance of native growth .so that it does not negatively impact the subject property. 20. The appellant contended that condition 110 is vague. He submitted that a more generalized condition relating to landscaping for erosion control should be added. 21. The appellant contended that paragraph #14 should include a clause indicating that any consistency with the short plat file, s- HEARING EXAMINER DECISION RE: AP -93-110- 7/15/93 Page 6 8-87, and the site development plan agreed to by the City, should be decided based on the site development plan. CONCLUSIONS 1. The appellant appealed a May 11, 1993 Planning Department decision voiding a short plat that had been approved for the development of property at 1631.1 - 75th Place West, Edmonds, Washington and the imposition of new conditions for the development of that site. In reaching settlement on this appeal, the appellant amended his application to include a petition for the modification of the short plat to allow realignment of the roadway and the establishment of setbacks for lots one and two for the proposed short plat. In addition, the City and the appellant submitted a proposed agreement to address the conditions with regard to the development of the plat. Included in the conditions are provisions for time limits for building permits and development permits. 2. The modification of short plats is reviewed pursuant to the requirements as set forth in ECDC 20.75.075. These requirements, which are the same for variance review criteria (ECDC 20.85.07.0), have been identified in finding number eight. The proposal of the appellant to modify the short plat with a realignment of the road and the establishment of setbacks satisfies these criteria. The manner in which they are satisfied has been addressed in the findings of this document and those findings are hereby adopted as conclusions in support of this decision. 3. The agreement between the appellant and the City for the establishment of the conditions for the completion of the short subdivision has been submitted and reviewed. With limited exceptions, the agreement is consistent with the subdivision ordinances of the City of Edmonds and especially those as set forth in ECDC 20.75. 4. The agreement paragraphs number one, two, three, four, eight, twelve, thirteen, fifteen, and sixteen are acceptable as stated therein and should be adopted as part of the settlement agreement. 5. The agreement paragraphs number six and seven must be redrafted to adequately reflect the time remaining on building permit #910867. Because of the confusion involving the development of the buildings on lot three, and because of the City's nonaction with regard to a conditional use permit and work stoppage of this permit, the most equitable solution for time to complete this permit should be one year from the date of this decision. HEARING EXAMINER DECISION RE: AP -93-110 7/15/93 Page 7 6. The development permit #910302 has been effectively terminated for 106 days. Part of this is because of the inattention of the City. As a result of this inattention and because equity dictates it, this permit should be restarted, allowing the appellant an additional 259 days to complete the plat development. The agreement paragraph numbers six and seven should reflect this time limit. 7. The agreement paragraph number nine should be restated to read: "No native growth east of the toe of the slope should be disturbed unless dead, dying, or diseased are posing a hazard to the public. The appellant, however, may maintain landscaping to protect the base and the maintenance shall not be considered a disturbance.,, S. Condition number ten relating to landscaping plantings only being native to the Northwest or richer draught resistance should be eliminated. In its place the following paragraph should be imposed: "Landscaping that is needed for erosion control is required throughout the site." 9. The agreement paragraph number eleven should be amended to read: "Landscape irrigation systems needing permits by the City of Edmonds are prohibited from the plat or any individual developments, unless a specific design is approved by a licensed geotechnical engineer, subject to review according to the City of Edmonds Landslide Hazard Ordinance (ECDC 19.05). 10. The agreement paragraph number fourteen should be amended to read: "The appellant shall follow all requirements of the Engineering Division as found in the City of Edmonds Planning Department file S-8-87, and as required by the approved site development plan. Any inconsistencies shall be decided based on the site development plan." 11. Even though the City of Edmonds subdivision is void, this decision of administrative procedures of the City DECISION has the right to declare the the City shall be subject to of Edmonds. 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 upon review of testimony and evidence, it is hereby ordered: the appeal of Carl Pearson is upheld in part and the revocation of the short plat originally issued by the Edmonds Planning Department on May 11, 1993 is hereby voided and removed. Further, the appellant is granted the HEARING EXAMINER DECISION RE: AP -93-110 7/15/93 Page 8 modification of the short subdivision to realign the roadway on lots one and two and to establish setbacks for lots one and two. This modification is granted subject to the following conditions: 1. The realignment of the roadway shall be approved by the City prior to any clearing or grading; 2. The setbacks for lots one and two shall be as set forth in finding number mine of this document. 3. The short plat, 5-8-87, is hereby amended to include the agreement between the City of Edmonds and the appellant. The agreement shall be consistent with the Conclusions of law as set forth in.this document. Entered this 15th day of July, 1993, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. y Hearing 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 July 31, 1993. 1