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HE Decision V-5-90.pdfC1 uuumIuuum Y C-3 101R 250 5th AVE, N. - EDMONDS, WASHINGTON 98020 ® (206) 771-3202 HEARING EXAMINER FINDINGS AND DECISION *F THE HEARING EXAMINER OF T CITY OF EDMONDS I IN THE MATTER OF THE APPLICATION OF HARRISON JEWELL FOR APPROVAL OF A VARIANCE LARRY S. NALIGHTEN MAYOR FILE: V-5-90 DECISION: The variance is granted subject to conditions listed. Harrison Jewell, 5535 Seaview Avenue NW, Seattle, Washington 98107, (hereinafter referred to as Applicant), requested approval of variances for an increase in the permitted height limit on property located at 15706 - 75th Place W, Edmonds, Washington. The specific variances are for an increase of an additional 4 feet of height on a proposed garage, and an increase of 17.75 feet of height on the residence on site. A hearing on the request was held before the Hearing Examiner of the City of Edmonds, Washington, on March 22, 1990. At the hearing the following presented testimony and evidence: Duane Bowman Planning Dept. City of Edmonds Edmonds, WA 98020 Vince Ojala 310 First Avenue Suite 332 Seattle, WA 98104 Harrison Jewell 5535 Seaview Ave NW Seattle, WA 98107 At the hearing the following exhibits were submitted and were admitted as part of the official record of this proceeding: Exhibit 1 - Staff Report 2 - Application/Declarations 3 - Plot Plan/Cross Section RE: V-5-90 Page 2 4/5/90 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 deci- sion of the Hearing Examiner. FINDINGS OF FACTS 1. The application is for the approval of a variance for the permitted height limit for the construction of a garage on property located at 15706 - 75th Place W, Edmonds, Washington. The specific request is to allow the residence to exceed the permitted height limit of 25 feet by an additional 17.75 feet, and for the garage on site to exceed the permitted height by an additional 4 feet. 2. The subject property is located on the west side of 75th Place W., immediately north of 158th Street SW. The property is located in the North Meadowdale area of the City of Edmonds. 3. The subject property is a lot that consists of 1,496 square feet. The lot is narrow, and slopes steeply to the west, away from 75th Place W. On site is an existing residence. 4. The residence on site is located near the front of the lot. This placement effectively avoids the steep slopes within the area. 5. It is the intent of the Applicant to place an addition on the existing structure and to construct a garage. Rather than expand into the steep sloped portion of the lot, the Applicant has proposed that the addition be placed on top of the existing structure. A variance is required from the height limitations of the City of Edmonds. 6. The subject property is zoned RS -20. 7. The Comprehensive Policy Plan Map of the City of designates the subject property as low density, residential. 8. In order for a variance to be granted within the City of Edmonds, the criteria as set forth in ECDC 20.85.010 must exist. Those criteria include: A. Because of the special circumstances relating to the prcperty, 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. RE: V-5-90 4/5/90 Page 3 B. The approval of special privilege to limitations upon other same zoning. the variance would not be a grant of the property in comparison with the properties in the vicinity with the C. The approval of the variance will be consistentwith the Comprehensive Plan of the City of Edmonds. D. The approval of the variance will be ccnsistent 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) 9. The lot depth of the property is approximately 490 feet. The western third of the lot is steep sloped, with possible soil insta- bility. The Applicant seeks a variance in order to avoid expanding the property into this area. 10. The Planning Department of the City of Edmonds did not support the variance request. The Department contended that the residence can be constructed on the property in compliance with the height standards. 11. No specific views will be impacted with the grant of the variance. The properties to the east of the subject property on the other side of 75th Place W are developed at a significantly higher elevation. No view corridors will be impacted. 12. The variance does not pose significant impact to the public, nor to nearby private properties or improvements. 13. The Applicant submitted that the subject property is in an environmentally sensitive piece of property. He submitted that he desires to stay away from the street, and dces not want to construct within the street setbacks. r�.Z: V -5-7V 4/D/7V Page 4 14. The Applicant submitted that the existing house is located on the flattest portion of the subject property. 15. The City submitted that, although the property may be environ- mentally sensitive, it has not been designated as such by the City of Edmonds. CONCLUSIONS 1. The Applicant requested approval of variances from the per- mitted height standards for property located at 15706 - 75th Place W, Edmonds, Washington. The variances requested are for the allow- ance of an addition to an existing house to exceed the 25 foot height limit by an additional 17.75 feet, and to allow a garage to exceed the height limit by an additional 4 feet. 2. In order for a variance to be granted within the City of Edmonds the criteria of ECDC 20.85.010 must be satisfied. The application satisfies these criteria. 3. Special circumstances exist for the grant of the variances. Those circumstances include the steep slope on the western edge of the site. Although these slopes could be developed, there is no need to because of their steepness and the stability issues in- volved. 4. The grant of the variances will not be the grant of a special privilege to the Applicant. 5. The requested variances will not conflict with the purposes of the Comprehensive Plan of the City of Edmonds. It will be an addition to a single family home in this low density designated area. 6. The requested variances will not conflict with the purposes of the RS -20 zoning designation as set forth in ECDC 16.20.000 because it will provide an addition to a single family structure allowed in this particular zone. 7. The requestedariances do not pose a significant impact to the public nor to nearby private properties and improvements. No views will be impacted by the grant of the variances. No view corridors for future developments will be impacted. EE: V-5-90 4/5/90 Page 5 8. The requested variances do not appear to represent minimum variance requests. DECISION Based upon the preceding Findings of Facts and Conclusions, the testimony and evidence submitted at the public hearin impressions of the Hearin Ex te view, and upon the it is hereby ordered that the requested variance an increase to the permitted height limits on property located at 15706 - 75th Place W, Edmonds, Washington, is granted subject to the following conditions: 1• The height on the proposed residence may exceed the permitted height limit of 25 feet by an additional 17.75 feet. 2• The height of the garage may exceed the permitted height limit of 25 feet by an additional 4 feet. 3. The Applicant shall obtain a building permit from the Building Division and comply with all permit requirements. 4• The property is located in the North Meadowdale landslide hazard area. No building permits will be issued until all require- ments of ECDC 19.05 have been satisfied. Failure to satisfy these requirements will render these variances null and void. 5. The variances must be acted upon within one (1) year or they shall be expire and be null and void. An extension may be granted prior to the expiration date. 6. The structures shall be built similar to those as shown on Exhibit 3, the plot plan/cross section. Any deviation from these designs shall be reviewed by the Planning Department and, if neces- sary, by the Hearing Examiner. 7. In lieu of dedication of 10 feet as required by the Official Street Map, the Applicant shall file a conditional deed approved as to form by the City Attorney. The deed shall be filed with the Snohomish County Auditor and shall state the 10 feet of right-of-way along 75th Place Wyshall be dedicated to the City of Edmonds at the time of filing of a resolution of the City Council requiring the widening of said road. RE: V-5-90 4/5/90 Page 6 Entered this 5th day of April, 1990, pursuant to the authority granted the Hearing Examiner under Chanter 20.100 of the Community Development Code of the City of EdmorydsI- ing 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 April 19, 1990. �%/%///%%%/l%//i/%/ %/ %///°%/riii r r%Gt �THIS PACKET SENT TO THE HEARING EXAMINER ON 3/14/90 EXHIBIT LIST V-5-90 EXHIBIT I -• STAFF REPORT EXHIBIT 2 - APPLICATION/DECLARATIONS EXHIBIT 3 - PLOT PLAN/CROSS-SECTION EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-5®90 HEARING DATE: March 22, 1990 I. REQUESTED ACTION: Variance to increase the permitted height limit at 15706 75th P1. W., Edmonds. II. APPLICANT: Harrison Jewell 5535 Seaview Ave. N.W. Seattle, WA 98107 III. LEGAL DESCRIPTION: See Exhibit 2 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject property is located on the west side of 75th P1. W., north of 158th St. S.W. in the North Meadowdale area of Edmonds. The lot contains approximately 8,496 square feet. It is quite narrow (45 feet in width). The property slopes steeply to the west away from 75th P1. W. The Applicant was a granted variances to the side yard setbacks, files #V®13®77 and Vm38®89. The most recent request allows for 5 foot side yards and zero setback for a proposed garage. The specific request in this application is to allow the proposed residence to exceed the permitted height limit of 25 feet by 17.75 feet and the garage to exceed the permitted height limit by feet. Surrounding qevelopment is single family residential. Puget Sound is located to the west. B. Official Street Map Proposed R/W Existing R/W East a 75th P1. W. 60' 50' The Official Street Map indicates that a 10' dedication is required along 75th P1. W. C. Conformance to Chapter 20.85.010 Staff Report Page 2 V-5-90 1. Special Circumstances While the subject property is steep, a residence may be constructed upon the property in compliance with the height limits. 2. Special Privilege The variance request does 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 proposed, the variance does appear to conflict with the purposes of the Comprehensive Plan. 4. Zoning Ordinance The subject property is zoned RS -20. The proposed variance does not appear to conflict with the purposes of the zoning ordinance and the RS -20 zone district. 5. Not Detrimental The proposed variance does not appear to pose any significant impact to the public or to any near by private property or improvement. 6. Minimum Variance The variance does not appear to represent a minimum variance request. V. STAFF RECOMMENDATION: Staff cannot support the variance request. Should the Ieelaring Examiner decide to grant V-5-90, it should be subject to the following conditions: 1. The Applicant shall obtain a building permit from the Building Division and comply with all permit requirements. This property is located in the Meadowdale Landslide Hazard Area. No building permits will be issued until all the requirements of Chapter 19.05 have been met. 2. The variance must be acted upon within one year or the variance shall expire and be null and void, unless an extension is granted prior to the expiration date. Staff Report V-5-90 3. In lieu of dedication of 10 feet Street Map, the Applicant shall approved as to form by the City County Auditor stating that the 75th Pl. W. shall be dedicated t time of filing of a resolution o the widening of said road. Page 3 as required by the Official file a conditional deed, Attorney, with the Snohomish 10 feet of right-of-way along o the City of Edmonds at the f the City Council requiring city of e(' ,onds Exhibit 2 land use application D ARCHITECTURAL DESIGN BOARD D COMP PLAN CHANGE 0 CONDITIONAL USE PERMIT IJ FORMAL SUBDIVISION • HOME OCCUPATION • LOT LINE ADJUSTMENT El OFFICIAL STREET MAP AMEND C1 PLANNED RESIDENTIAL DEVELOP Q REZONE C3 SETBACK ADJUSTMENT C] SHORELINE PERMIT C1 SHORT SUBDIVISION C1 STREET VACATION DOTHER DATE REC'DBY 11—E- ZONE HEARING DATE 0 111— ACTION TAKEN: (ENTERED BY 21� 0APPROVED Ll DENIED C1 APPEALED APPEAL# Applicant 4wrziGo�j / Phone I z 6,AiL L L Address 12 Property Owner /--D &J -A fr, Phone Address Address Property Address or Locati Legal Description The undersigned apokmnd.andhis/hor/USh8irs,8ndaSS' na.inoonaWorationofUhe processingcfthe application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable afforney's fees, arising from any action or infraction based in whole or in part upon false, misleading, inaccurate or incomplete information furnished by the 8pp|ioord, his/ her/ its agents or employees. The undersigned applicant grants his/ her/ its permission the subject properly for the purpose of inspection and po blic officials and the staff of the City of Edmonds to enter 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? �d 2. How does your property differ from other property in the same vicinity? M 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? S. Can you make reasonable use of your property without the variance? 4 I 4, -Pal vpmwto 11 ZI VINCE OJALA 710 11 ZI VINCE OJALA