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HE decision V-17-86.pdfRECEIVED AUG 6 61986 ¢ CITY OF EDMO- pS LARRY S. NAUGHT MAYOR �,_, 250 51h AVE. N. • EDMONDS, WASHINGTON 98020 • (206) 771-3202 z HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APP.LICAT'ION FILE: V-17-86 OF JEAN RIGGLE FOR APPROVAL OF A VARIANCE DECISION: The variance is granted subject to the conditions listed. INTRODUCTION Jean Riggle, 15714 - 75th Place West, Edmonds, Washington, 98020, and hereinafter referred to as Applicant, has requested approval of a variance for property located at 15714 - 75th Place West, Edmonds, Washington, and more particularly described as: South 15 feet of Lot 5 and North 30 feet of Lot 6, Block 28, Together with a portion of 75th Avenue West, Lying adjacent, Vol. 5, Page 38, Snohomish County, Washington. The specific variance requested is for the reduction of the required 25 foot street setback to a zero foot setback to allow the construction of a carport on the subject property. A hearing on the request was held before the Hearing Examiner on July 17, 1986. At the public hearing the following presented testimony and evidence: Duane Bowman Planning Dept. City of Edmonds Edmonds,`WA 98020 Vince Ojala 310 - 1st South, #332 Seattle, WA 98104 At the hearing the following exhibits were submitted and admitted as part of the official record of this proceeding: Exhibit 1 - Staff report It 2 - Application/Declarations " 3 - Plot Plan/Elevations 4 - Vicinity Map Findings and Decision of the Hearing Examiner of the City of Edmonds Re: V-17-86 Page 2 FINDINGS OF FACT 1. The application is for the approval of a variance for the reduction of a street setback from the allowed 25 -foot street setback to one of zero feet. The subject property is located at 15714 7 75th Place West, Edmonds, Washington, and more particularly described as set forth above. (Staff report.) 2. The subject property is zoned RS -20. Section 16.20.030 of the Edmonds Community Development Code (ECDC) establishes that RS -20 zoned property shall have minimum street setbacks of 25 feet. It is from this section of the code that the Appli- cant seeks a variance. (ECDC.) 3. Section 20.85.010 of the ECDC sets forth the criteria for the granting of a variance. These criteria include: A. Because of 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. (ECDC.) A 4. The subject property is a small narrow lot that slopes to the west significantly. On the site is an existing small resi- dence. The Applicant is seeking a variance to allow a carport to be constructed adjacent to the small residence. (Staff report.) 5. Because of the steepness of the slope and the narrowness of lot, the only reasonable location for the placement of the proposed carport is on a plateau that is within the required 25 -foot street setback. The Applicant desires to construct Findings and Decisi, Hearing Examiner of Re: V-17-86 Page 3 of the the City of Edmonds a carport on this plateau with the use of the variance. (Bowman testimony.) 6. Other properties in the vicinity have been granted variances because of the shape of the lots and the terrain of the land. In addition, the property to the south of the subject property has been allowed to develop covered parking within part of the public right-of-way. (Staff report and Bowman testimony.) 7. The Comprehensive Plan of the City of Edmonds designates the subject property as Low Density Residential. The requested variance will not conflict with the purposes and goals as set forth in the Comprehensive Plan. (Staff report and Bowman testimony.) 8. No views will be impacted by the granting of a variance. The proposed variance will not create a significant impact to the public nor to nearby private properties or improvements. (Bowman testimony.) 9. The carport will be a pole structure with a roof. It will create no bulk or area impacts to the neighborhood. (Bowman testimony.) 10. The Planning Department of the City of Edmonds recommended approval of the variance subject to the following conditions: 1. The Applicant obtain and comply with all building permit requirements. 2. In lieu of dedication of the 10' required by the Official Street Map, the Applicant file a conditional deed, approved as to form by the City Attorney, with the Snohomish County Auditor stating that the 10' of right-of-way along 75th Place West shall be dedicated to the City of Edmonds at the time of filing of a resolution of the City Council requiring the widening of the said road. Further, that the conditional deed shall provide a clause requiring no compensation for removing the proposed parking structure. (Staff report.) 11. The City's representative submitted that recommended condi- tion of approval #2 is inserted to protect the City should 75th Place West be developed at a later date. At the present time there are no plans for the development of this street. However, if the street is improved or developed and condition #2 is adopted,,the Applicant will be required to provide 10 feet of right-of-way without compensation. (Bowman testimony.) 12. No adverse testimony was received in this matter. Findings and Decisi Hearing Examiner of Re: V-17-86 Page 4 of the the City of Edmonds CONCLUSIONS 1. The application is for a variance for a reduction of the street setback on property located at 15714 - 75th Place West, Edmonds, Washington. The specific request is for a reduction of the 25 -foot street setback to a zero -foot street setback. 2. The application satisfies the criteria for the granting of a variance as set forth in Section 20.85.010 of the ECDC. 3. Special circumstances exist for the granting of a variance. Because of the steep slopes on the lot and the narrowness of the lot the Applicant is restricted in the placement of a carport. 4. The granting of the variance is not the grant of a special privilege. Other variances have been granted in the area and another property has been allowed to be developed partially in the right-of-way. 5. The granting of a variance will not be inconsistent with the purposes of the zoning ordinance of the City of Edmonds and in particular the RS zoning ordinance as set forth in Section 16.20.000 of the ECDC. 6. The requested variance is consistent with the Comprehensive Plan of the City of Edmonds and in particular the goals and purposes as set forth in Chapter 15.20 of the ECDC. 7. The granting of a variance will not impact the properties in the vicinity. 8. The variance is the minimum necessary to adequately develop the carport and subject property properly. 9. The Planning Department of the City of Edmonds has recommended approval of the variance subject to the conditions listed in Finding #10. DECISION Based upon the preceding Findings of Fact 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 ordered that the variance request is granted for the reduction of the street setback at 15714 - 75th Place West, Edmonds, Washington. The specific variance granted is a reduction of the 25 -foot street setback to a zero -foot street setback. This variance is conditioned upon the following: 1. The Applicant is to obtain and comply with all building permit requirements. Findings and Decisi, of the Hearing Examiner of the City of Edmonds Re: V-17-86 Page 5 2. The Applicant is to secure all other necessary permits from the City of Edmonds prior to construction. 3. In lieu of dedication of 10 feet for right-of-way purposes as required by the Official Street Map of the City of Edmonds, the Applicant shall file a conditional deed, approved as to form by the City Attorney of the City of Edmonds. The deed shall be filed with the Snohomish County Auditor. The deed shall state that the 10 -foot of right-of-way along 75th Place West shall be dedicated to the City of Edmonds at the time of the filing of a resolution * the City Council of the City of Edmonds that requires the widening of the 75th Place West. In addition, the conditional deed shall show a clause requiring that no compensation be allowed for the removal of the proposed parking structure. Entered this 4th day of August, 1986, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. 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 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 August 18, 1986. ~ THIS PACKET SENT TO HEARING _ EXAMINER ON JULY lO, 1986 EXHIBIT LIST EXHIBIT l - STAFF REPORT EXHIBIT y - APPLICATION/DECLARATIONS EXHIBIT 3 - PLOT PLAN/ELEVATIONS EXHIBIT 4 - VICINITY MAP � ^ EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-17-86 HEARING DATE: July 17, 1986 I. REQUESTED ACTION: Variance to reduce the required 25' street setback to 0' to allow for the construction of a carport at 15714 75th P1. W., Edmonds. II. APPLICANT/OWNER: Jean Riggle 15714 75th Pl. W. Edmonds, WA 98020 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject property is a small narrow lot located in the north Meadowdale area of Edmonds, on the west side of 75th P1. W. There is an existing small residence located on the property. On January 23, 1986, the Hearing Examiner granted a variance to the applicant to reduce the required side minimum side setback to 5' to allow an addition onto the existing residence, under file #V-30-85. The Applicant is now seeking a variance to allow the construction of a carport on the upper plateau of her lot. Surrounding development is single family residential. B. Official zl Street Map Proposed R/W Existing R/W East - 75th P1. W. 60' 60' The Official Street Map indicates that a 10' dedication is required along 75th Pl. W. C. Conformance to Chaff ter 20.85.010 Staff Report Page 2 V-17-86 1. Special Circumstances Special circumstances do appear to exist in this particular case due to the topography of the lot. 2. Special Privilege The proposed variance does not appear to represent a grant of special privilege. The property to the south has developed covered parking into the public right-of- way. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property and surrounding area as Low Density Residential. The proposed variance, as conditioned, does not appear to conflict with the purposes of the Comprehensive Plan. 4. Zoninq Ordinance The subject property, as well as the surrounding area, is zoned RS -20. The proposed variance, as conditioned, does not appear to conflict with the purposes of the zoning ordinance or the RS -20 zone district. 5. Not Detrimental The proposed variances does not appear to pose any significant impact to the public or to any near by private property or improvement. 6. Minimum Variance Given the circumstances, the requested variances do ap-pear to represent a minimum variance request. V. STAFF RECOMMENDATION: It is the recommendation of the staff that V-17-86 be approved, subject to the following condition: 1. The Applicant obtain and comply with all building permit requirements. Staff Report V-17-86 Page 2. In lieu of dedication of the 10' required by the Official Street Map, the Applicant file a conditional deed, approved as to form by the City Attorney, with the Snohomish County Auditor stating that the 10' of right-of-way along 75th P1. W. shall be dedicated to the City of Edmonds at the time of filing of a resolution of the City Council requiring the widening of the said road. Further, that the conditional deed shall provide a clause requiring no compensation for removing the proposed parking structure. EXHIBIT 2 DATE if CITY OF EDMONDS FEE", ' HEARING EXAMINER RECT APPLICATION FOR VARIANCE APO'S HEARING DATE APPLICANTJ� am tt ADDRESS m( - CITY & ZIP PHONE INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY_ LOCATION OR ADDRESS OF PROPERTY t w P LEGAL DESCRIPTION OF PROPERTY '02, 1 1 &E L Q WP %ZtMRl VARIANCE REQUESTED: 1, � ( LA&V Or LAf f y,.(e.T . , FOR OFFICE USE ONLY: USE ZONE: ZONING ORDINANCE REQUIREMENT: Release/Hold Harmless Agreement The undersigned applicant, his heirs and assigns, in consideration for the City processing the application agrees to release, indemnify, defend and hold the City of,Edmonds harmless from any and all damages and/or claims for damages, including reasonable attorneys' fees, arising from any action or inaction is'4sed in whole or in part upon false, misleading or incomplete information furrshed by the applicant, his agents or employees. Permission to Enter Subiect Propert The undersigned applicant grants his, her'�r its per, officials and the staff of the City of Edm ds to. -e for the purpose of inspection and posting a tendai ✓ A Signatur " o._ An R.epresenative ssion for public r the subject property ✓this application. cant, Owner or q ., 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? 2. How does your property differ from other property in the same vicinity? 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? �p 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? W&DIl 5. 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