HE Decision V-30-85.pdfFINDINGS AND DECISION
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
IN THE MATTER OF THE APPLICATION FILE: V-30-85
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:
The south 15 feet of lot 5, and the
north 30 feet of lot 6 of Block 28 of
the Plat Meadowdale Beach, Volume 5,
Page 38, Snohomish County, Washington.
(Together with a portion of vacated
75th West.)
The specific variance request was to reduce the required minimum
setback from ten feet to five feet.
A hearing on the request was held before the Hearing Examiner of
the City of Edmonds on January 2, 1986.
At the hearing the following presented testimony and evidence:
Duane Bowman Vince Ojala
Planning Dept. 310 First Ave. So.
City of Edmonds Room 332
Edmonds, WA 98020 Seattle, WA 98104
At the hearing the following exhibits were submitted and
admitted as part of the official record of these proceedings:
Exhibit 1 - Staff Report
" 2 - Application/Declaration
3 - Vicinity Map
" 4 - Plot Plan
" 5 - Sewer Easement
6 - Letter to James Driscoll and
A= Duane Bowman from Ojala together
with site plan
After due consideration of the evidence presented by the Applicant;
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 and Deco -ion of the
Hearing Examiner of the City of Edmonds
Re: V-30-85
Page 2
FINDINGS OF FACT
1. The Applicant has requested approval of a variance to reduce
the minimum side setback on property located at 15714 75th
Place West, Edmonds, Washington. Specifically, the request
'is to reduce the minimum side setback on the subject property
from ten feet to five feet. (Staff report.)
2. The subject property is a small, narrow lot located in the
north Meadowdale area of Edmonds. It is located on the west
side of 75th Place West. The lot consists of approximately
8,517 square feet of land. There is a small residence located
on the lot. (Bowman testimony and Staff report.)
3. The property is atop a bluff directly above Burlington
Northern Railroad right-of-way and the Puget Sound. The
property on the west of the property slopes downwards from
75th Place West. (Staff report.)
4. It is the intent of the Applicant to construct an addition
to the south side of the existing house located on the lot.
In order to construct an addition the Applicant needs a
variance. (Staff report.)
5. The property is zoned RS -20. Section 16.20.030 of the Edmonds
Community Development Code (ECDC) requires that RS -20 pro-
perty have at least a ten -foot side setback and 35 feet of
total side setbacks on both sides of the property. It is
from this section of the ECDC that the Applicant seeks a
variance. (Bowman testimony and Staff report.)
6. In order for a variance to be granted within the City of
Edmonds the criteria as set forth in Section 20.85.010 of
the ECDC must be adhered to. These criteria include:
A. Special circumstances relating to the property must
exist necessitating the variance;
B. The required variance must not result in a special
privilege being granted to the Applicant;
C. The variance must be consistent with the Comprehensive
Policy Plan Map of the City of Edmonds;
A
D. The variance must be consistent with the purposes of
the zone district in which the property is located;
E. The variance must not be significantly detrimental to
the public health, safety or welfare, nor injurious to
the property or improvements in the vicinity of the same
zone; and,
F. The variance must be the minimum necessary to allow the
same rights enjoyeu by otter properties in the same zone.
Findings and Deci"_on of the
Hearing Examiner of the City of Edmonds
Re: V-30-85
Page 3
7. The lot is part of an old subdivision and is a narrow and
steep lot. Any improvements that will be made to the resi-
dence on the lot will require a variance because of the
restrictive RS -20's bulk and dimension requirements. (Bowman
testimony.)
8. The Comprehensive Policy Plan Map designates the subject pro-
perty as Low Density Residential. (Staff report.)
9. The requested variance will not be detrimental to other pro-
perties in the area and will not impact the public or nearby
properties or improvements. (Staff report.)
10. The major problem with the granting of a variance is the
exact location of the sanitary sewer line easement that
services the residence. The easement is described in
Snohomish County Auditors File as #AF -8310200222. Neither
the City nor the Applicant at the time of the hearing was
informed as to the exact location of this easement. (Bowman
testimony.)
11. The City's representative submitted that if the sanitary
sewer line over the easement interferes with the addition
to the existing residence, the variance should be denied.
If it does not, the Planning Department recommended approval
of the variance. (Bowman testimony.)
12. The Applicant, in a letter addressed to the Hearing Examiner,
submitted that the "plumbing apparently is hooked up to a
line that is almost on the north property line." The Appli-
cant's representative submitted that he "assumed that the
easement is on the north property line." The addition that
is proposed for the residence and is the subject of the
variance request is to be located on the south portion
of the residence. (Exhibit 6.)
13. The Planning Department of the City of Edmonds determined
after the hearing that the sewer easement is located on
the north property line. As a result of this determination,.
the Planning Department did not oppose the granting of a
variance. (Exhibit 7.)
14. No adverse testimony was received in this matter.
r.
CONCLUSIONS
1. The application is for the approval of a variance to reduce
the required minimum side setback from ten feet to five feet
on property located at 15714 75th Place West, Edmonds,
Washington, and more particularly described as set forth above.
Findings and DeciE; in of the
Hearing Examiner of the City of Edmonds
Re: V-30-85
Page 4
2. In order for a variance to be granted within the City of
Edmonds the criteria as set forth in Section 20.85.010 of
the ECDC must be met. The application satisfies these
criteria.
3. Special circumstances exist for the granting of a variance.
Because the lot that is the subject of this request is part
of an old subdivision that is narrow and steep, it is not
necessarily conducive for development to RS -20 standards
if the lot were to be developed today. As a result of the
narrowness and steepness any improvements require a variance.
These are sufficient special circumstances to warrant a
variance.
4. The granting of a variance will not be the grant of a
special privilege.
5. The Comprehensive Policy Plan Map of the City of Edmonds
designates the property as Low Density Residential. The
request is consistent with this designation.
6. The request is consistent with the RS -20 zoning standards of
the City of Edmonds and the other zoning standards of the
City of Edmonds.
7. The requested variance will not be detrimental to other
properties in the vicinity.
8. The requested variance in the setback is the minimum
necessary for the Applicant to develop the property in a
manner similar to other property owners in the vicinity.
DRCT.qTnN
Based upon the preceding Findings of Fact and Conclusions; the
testimony and evidence submitted at the public hearing; and, the
impressions of the Hearing Examiner at a site view, it is hereby
ordered that the requested variance be granted. The specific
request is to reduce the minimum side setback from ten feet to
five on property located at 15714 75th Place West, Edmonds,
Washington, and is granted subject to the following conditions:
1. The. Applicant is to secure all necessary permits from the
City of Edmonds prior to the development.
2. All construction on the property must occur on the south
side and must not interfere with any sewer easement.
Entered this 23rd day of January, 1986, pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code of the City of Edmonds.
l C,
4ES M. DRISCOLL
(,Hearing Examiner
Findings and Decision of the
Hearing Examiner of the City of Edmonds
Re: V-30-85
Page 5
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 February 6, 1986.
THIS PACKET SENT TO HEARING EXAMINER,
ON DECEMBER 27, 1985
EXHIBIT LIST
EXHIBIT l - STAFF REPORT
EXHIBIT 2 - APPLICATION/DECLARATIONS
EXHIBIT 3 - VICINITY MAP
EXHIBIT 4 - PLOT PLAN
EXHIBIT 5 - SEWER EASMENT
�
^
EXHIBIT 1
STAFF REPORT TO THE HEARING EXAMINER
FILE: V-30-85
HEARING DATE: JANUARY 2, 1986
1. REQUESTED ACTION:
Variance to reduce the required minimum side setback from 10' to
5' at 15714 75th P1. W., Edmonds.
II. APPLICANT/OWNER:
Jean Riggle
15714 75th Pl. W.
Edmonds, WA 98020
III. LEGAL DESCRIPTION:
See Exhibit 2
Rep. - Vince Ojala
310 1st S. Room 332
Seattle, WA 98104
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. The lot contains approximately 8,517 sq. ft. and has
a small residence located on it.
The property slopes steeply to the west, downward from 75th
Pl. W. The Applicant is proposing to add an addition onto
the south side of the existing house.
Surrounding development is single family residential. The
property to the north is undeveloped.
B. Official Street Ma
Proposed R/W Existing R/W
East - 75th Pl. W. 60' 40'
The Official Street Map indicates that a 10' dedication
should be made along 75th Pl. W.
C. Conformance to Chapter 20.85.010
Staff Report Page 2
V-30-85
1. Special Circumstances
Special circumstances do appear to exist in this
particular case. The lot is is narrow and steep. Any
improvements to the residence will require a variance
because of the RS -20 zone district bulk and dimensional
requirements.
2. Special Privilege
The proposed variance does not appear to represent a
grant of special privilege.
3. Comprehensive Plan
The Comprehensive Policy Plan map designates the
subject property as Low Density Residential, as
are all the adjoining properties.
The proposed variance does not appear to conflict with
the purposes of the Comprehensive Plan.
4. Zoninq Ordinance
The subject property and the surrounding area
are zoned RS -20.
The proposed variance does not appear to conflict with
the purposes of the zoning ordinance.
5. Not Detrimental
The proposed variance does not appear to pose any
significant impact to the public or to any nearby
private property or improvement.
6. Minimum Variance
Because the lot is so narrow and steep, any additon to
the existing home will require a variance. The
A'
V. STAFF RECOMMENDATION:
It is the recommendation of the staff that V-29-85 be approved
subject to the following condition:
"The addition may not be built over the sanitary sewer line
easement that was built to serve the residence. The easement
is described under Auditor File OF 8310200222."
Staff Report Page 3
V-30-85
If the as -built sewer line prohibits the addition, the variance
should be denied.
CITY OF EDMONDS
HEARING EXAMINER
F I L
DATE
F E E
RECT
APPLICATION FOR VARIANCE APO'S
HEARING DATE:
APPLICANT r ADDRESSIr
CITY & ZIP PHONE
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY
LOCATION OR ADDRESS OF PROPERTY
LEGAL DESCRIPTION OF PROPERTY
M,
VARIANCE REQUESTED:
$
FOR OFFICE USE ONLY: USE ZONE:
.......... .
0,/ ,
ZONING ORDINANCE REQUIREMENT: � CV,f V K'
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 based in whole or in Dart upon false, misleading or incomplete
information furnished by the applicant, his agents or employees.
Permission to Enter -Subject Property
The undersigned applicant grants his, her or its
officials and the staff of the City of,Edmonds to
for the purpose of inspection and post i atten" 114
Si-nat °re
Representa
permission for public
enter the subject property
nt to this application.
Applicant; Okner or
ve
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? e�
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yv I
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?
�C)
4. What hardships will result to you if the variance is not granted?
Will these hardships have been caused by your own action?
1
S. Can you make reasonable use of your property without the variance?
1 wti. a•r"' P
EXHIBIT 3
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EXHIBIT: 5,
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RECEIVED k
l'10\I 1 1983
ENGIiVEERING _ �•1`
ACCESS EASEMENT FOR MAINTENANCE AND INSPECTION
IN CONSIDERATION of benefits to accrue to the grantors herein,
the undersigned, Jean C. Rigg:le hereby grants to the CITY OF EDMONDS,
a Municipal Corporation, a permanent access easement for inspection
and ;maintenance of a sewage pump and pressure line; over, across,
through, and below the following described property; and the further
right to remove trees, bushes, undergrowth and other obstructions inter-
fering with the inspection and maintenance of said sewage pump and
pressure line.
The easement hereby granted is located in Snohomish County,
Washington, and is more particularly decribed as follows:
A ten foot strip of land that is 5.00 feet on each side of
the pressure line and sewage pump as they now exist, or as
located in the future. Within the following described property:
South 15 feet of Lot 5 and North 30 feet of Lot 6, Block 28,
Meadowdale Beach, according to plat recorded in Volume 5 of
Plats, page 38, records o1` Snohomish County, Washington,
together with that portion of vacated street adjoining on
the West, which upon vacation attached to said premises by
operation of law;
Situate in the City of Edmonds, County of Snohomish, State of
Washington.
THE CITY agrees to restore to substantially the original condition
and inspection of said sewage pump and pressure line; provided the
grantors, their heirs, or assigns shall not construct any permanent
structure over, upon, or within the perm/anent easement.
DATED this IV-4� day of �u ���<.c.i , 1.9 3.
hi
61
C'
STA1,E. O0 -'-':WASHINGTON)
COUHqY E}t5 4NOHOMISH)
C
O&,this day personally appeared before me
to me known to be the individual described in and who executed h
within and foregoing instrument., and acknowledged that
signed the same as , free and voluntary
act and deed, for the uses and purposes therein
mentioned.
Eti1
UNDER MY HAND AND OFFICIAL, SEAL THIS 1� DAY OF ,
NOVARY PUBUC in and fof,,tbEy p�t�- of
Washington, residing at ;6:,'•• o
�'V(, AL 1
VOL 1813 PAGE 861
EXHIBIT 7
January 21, 1986
MEMO TO: James M. Driscoll
Hearing Examiner
FROM: Duane V. Bowman
Assistant City Planner
SUBJECT: ADDITIONAL INFORMATION ON SEWER EASEMENT (V-30-85/RIGGLE)
In response to the letter submitted by Vince Ojala regarding the sewer
line location, I have discovered the as -built sewer drawing covering
the installation of the sewage line for the Riggle residence. Attached
is a copy of that drawing. The sewer is clearly located along the
north property line and should not impact the addition proposed.
I