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LL-11-11 Staff Report with Attachments.pdfCITY OFEDMONDS MIKE COOPER MAYOR 121 5th AVENUE NORTH ® EDMONDS, WA 98020 • (425) 771-0220 o FAX (425) 771-0221 Website: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Project: MacDonald/Read Lot Line Adjustment File Number: PLN20110011 Date of Report: June 24, 2011 I have determined that the lot line adjustment application is complete and have revien,ed the application pursuant to Chapters 20.01, 20.02, and 20.75 of the Edmonds Community Development Code.' Reviewed By: Jennifer Machuga Associate Planner A. SUMMARY OF APPLICATION: The applicant is proposing to adjust the boundary lines among two lots addressed as 9947 and 9921 Water Street (Lots 1 and 2 respectively of short plat file number PLN20090043, recorded under AFN 201101185002). See the Zoning and Vicinity Map for reference (Attachment 1). The subject properties are located in a Single - Family Residential, RS -12, zone that allows lots with a minimum area of 12,000 square feet. Barbara MacDonald, the owner of Parcel B (9921 Water Street), recently obtained approval of a two -lot subdivision of the parent parcel under File No. PLN20090043. The lot line separating Lots 1 and 2 of the subdivision was angled in several segments in order for the existing residence addressed 9921 Water Street (located on Lot 2 of the referenced subdivision) to comply with the minimum required 10 -foot side setback from the newly created property line. Following final approval and recording of the subdivision with the Snohomish County Auditor's office (AFN 201101155002), Ms. MacDonald sold Lot 1 (addressed 9947 Water Street) to W. Glen and Debra Read. Parcel A (Lot 1 of the subdivision, addressed 9947 Water Street), owned by W. Glen and Debra Read, is currently vacant; however, a building permit for a new single-family residence was recently issued to Mr. and Mrs. Read (File No. BLD20100999). Parcel B (Lot 2 of the subdivision, addressed 9921 Water Street), owned by Barbara MacDonald, currently contains a single-family dwelling and associated structures. Ms. MacDonald plans to obtain the necessary permits to demolish the existing residence addressed 9921 Water I All Edmonds Community Development Code (ECDC) citations can be accessed online at Nnwiv.ci.edmonds.wa.us. h--c0rq.,.) Trot(,: -,d Aultjust: 1 1, 1890 Sister City - Hekinan, Japan MacDonald/Read Lot Line Adjustment File No. PLN20110011 9921/9947 Water St. Street (located on Parcel B of the subject application) and to construct a new single- family residence on Parcel B. The land use application form containing Ms. MacDonald's signature is provided as Attachment 2, and the land use application containing Mr. Read's signature is provided as Attachment 3. The proposed property conveyance is shown on the lot line adjustment map (Attachment 4). The purpose of the proposed lot line adjustment is to straighten the property line between the two lots addressed 9947 Water Street (Parcel A) and 9921 Water Street (Parcel B), as shown on the map. The lot line adjustment will convey 231 square feet from Parcel B to Parcel A. The existing residence is indicated as to be removed from Parcel B on the lot line adjustment map. The applicant's statement as to how the proposal complies with applicable code requirements is included as Attachment 5. The following is staff's analysis and decision on the proposal. B. DECISION OF LOT LINE ADJUSTMENT: Based on the Findings of Fact, Conclusions, and Attachments to this report, the following decision is issued by the City of Edmonds Planning Division. The lot line adjustment, as proposed, is APPROVED with the following conditions: 1. All existing structures shall be removed from Parcel B prior to final review and approval of the lot line adjustment. Obtain necessary permits prior to the demolition work, as required by the Building Division. 2. Prior to submitting documents to the Planning Division for "Final Review," please make the following changes: a. On all sheets, revise to state the file number as PLN20110011. b. Within the existing and adjusted legal descriptions for Parcels A and B, correct the file number of the short plat that created these lots to PLN20090043. c. Under the legal description for Parcel B, revise the portion stating "Except with the following" to state "Except the following". d. Remove all structures from the plans since all structures are to be removed from Parcel B prior to recording of the lot line adjustment. e. Correct the discrepancy in the bearing of the 3.33 -foot line segment of the property being conveyed. This bearing is stated as 63°31'37" within the adjusted legal descriptions on Sheet 1 and as 63°31'31" on the map on Sheet 2. f. Correct the recording number of the short plat indicated within the map on Sheet 2 to 201101185002. g. Add the following note to Sheet 2: "The steep slope buffer and critical area building setback are shown for reference only and vest no right. Work within the minimum required steep slope buffer and/or critical areas building setback shall comply with the critical areas code requirements of ECDC 23.40 and 23.80, or as amended. A geotechnical report for such work may be required." 3. After the above changes have been made, submit revised documents to the Planning Division for "Final Review." Once "Final Approval" has been issued from the City, the applicant shall take the documents up to the Snohomish County Auditor's Office for recording. Please make sure that all documents to be recorded meet the Snohomish County Auditor's requirements for recording, including all signatures in black ink. Page 2 of 6 MacDonald/Read Lot Line Adjustment File No. PLN20110011 9921/9947 Water St. 4. After recording the lot line adjustment, the applicant must provide the City of Edmonds Planning Division with TWO (2) copies of the recorded map (with the recording number shown). The City will not consider the lot line adjustment to have been completed until this is done. 5. The applicant must file new deeds for each of the parcels with Snohomish County, as appropriate. A. GENERAL INFORMATION 1. Request: The applicant is proposing to adjust the boundary lines among two lots addressed as 9947 and 9921 Water Street. See the Zoning and Vicinity Map for reference (Attachment 1). Both lots are located within a Single -Family Residential, RS -12, zone that allows lots with a minimum area of 12,000 square feet. 2. Review Process: A lot line adjustment is a Type I permit pursuant to ECDC 20.01.003. The director reviews the project and issues an administrative decision pursuant to ECDC 20.75.050(C). 3. Owners: Barbara MacDonald and W. Glen and Debra Read 4. Applicant: Darren Riddle of Pacific Coast Surveys, Inc. 5. Tax Parcel Numbers: 27031300308400 (Parcel A / 9947 Water Street) and 27031300413200 (Parcel B / 9921 Water Street). 6. Location: 9947 (Parcel A) and 9921 Water Street (Parcel B), Edmonds WA 98020. 7. Zoning: Single Family Residential (RS -12). 8. Acreage / Square Footage: The lot line adjustment will result in a conveyance of 231 square feet from Parcel B to Parcel A. 9. Existing Use: Parcel A is currently vacant, although a building permit was recently issued for a new single-family residence on Parcel A (BLD20100999). Parcel B currently contains a single-family dwelling and associated structures. 10. Proposed Use: No change. 11. Shoreline Management: A portion of the subject site is located within shoreline jurisdiction; however, the proposal is exempt from Shoreline Substantial Development Permit requirements. 12. Access: Both parcels will continue to take access directly from Water Street. 13. Dedications: No dedication of land is required by the City Engineer with the proposed lot line adjustment. 14. Improvements: No improvements are required by the City Engineer with the proposed lot line adjustment. Refer to the recent subdivision (File No. PLN20090043) for improvements required by the Engineering Division at that time. B. SEPA THRESHOLD DETERMINATION Review by the State Environmental Policy Act (SEPA) is not required with this application because the proposal is to adjust the property line between two adjacent lots and is exempt under WAC 197-11-800 (1)(b)(i) (Categorical Exemptions). Page 3 of 6 MacDonald/Read Lot Line Adjustment File No. PLN20110011 9921/9947 Water St. C. TECHNICAL COMMITTEE This application was reviewed by the City's Engineering Division, Public Works Department, and Snohomish County Fire District No. 1. None of the reviewers had any comments or conditions on the proposed lot line adjustment. D. NEIGHBORHOOD CHARACTERISTICS This site is located in a single-family neighborhood in Edmonds. All nearby parcels are zoned Single -Family Residential, RS -12, and are developed with single-family residences. E. COMPREHENSIVE PLAN COMPLIANCE The Comprehensive Plan designation for these parcels is "Single Family — Resource." There is no proposed change to the existing designation. The current proposal meets the intent of the Comprehensive Plan. F. ZONING CODE COMPLIANCE (ECDC 16.20) 1. Lot Area: Minimum lot area is 12,000 square feet. Existing and proposed lot sizes are as follows: * Net lot area excludes any lot area devoted to vehicular ingress/egress easements. 2. Lot Width: The minimum required lot width for the RS -12 zone is 80 feet. Both lots will continue to comply with the minimum required lot width. 3. Setbacks: The proposed lot line adjustment would reduce the minimum required 10 -foot side setback from the existing residence to the adjusted property line below the minimum required by code. Therefore, the existing residence must be removed prior to recording of the lot line adjustment as indicated on the lot line adjustment plans (Attachment 4) and in the applicant's statement (Attachment 5). Since a property cannot contain accessory structures without a primary structure, the existing garage and wood shed as well as any other existing structures on Parcel B must also be removed prior to recording. With the condition that all existing structures shall be removed from Parcel B prior to recording of the lot line adjustment, the subject application will not cause a conflict with setback requirements. A building permit for a new single-family residence on Parcel A was recently approved (BLD20100999). Since Parcel A will be getting larger with the lot line adjustment, the subject application will cause the distance from this future residence to the eastern property line of Parcel A to increase, which will not cause any conflicts with compliance with setback requirements. Page 4 of 6 Gross and Net Lot Area for Original Parcels* Gross and Net Lot Area for Proposed Parcels* Parcel A 23,870 square feet 24,101 square feet 9947 Water St. Parcel B 14,724 square feet 14,493 square feet 9921 Water St. * Net lot area excludes any lot area devoted to vehicular ingress/egress easements. 2. Lot Width: The minimum required lot width for the RS -12 zone is 80 feet. Both lots will continue to comply with the minimum required lot width. 3. Setbacks: The proposed lot line adjustment would reduce the minimum required 10 -foot side setback from the existing residence to the adjusted property line below the minimum required by code. Therefore, the existing residence must be removed prior to recording of the lot line adjustment as indicated on the lot line adjustment plans (Attachment 4) and in the applicant's statement (Attachment 5). Since a property cannot contain accessory structures without a primary structure, the existing garage and wood shed as well as any other existing structures on Parcel B must also be removed prior to recording. With the condition that all existing structures shall be removed from Parcel B prior to recording of the lot line adjustment, the subject application will not cause a conflict with setback requirements. A building permit for a new single-family residence on Parcel A was recently approved (BLD20100999). Since Parcel A will be getting larger with the lot line adjustment, the subject application will cause the distance from this future residence to the eastern property line of Parcel A to increase, which will not cause any conflicts with compliance with setback requirements. Page 4 of 6 MacDonald/Read Lot Line Adjustment File No. PLN20110011 9921/9947 Water St. 4. Lot Coverage / Floor Area: There is a maximum 35% structural lot coverage for the RS -12 zone. Since there are no existing structures on Parcel A and all existing structures are required to be removed from Parcel B prior to recording, the subject application will result in a 0% lot coverage for both lots. A building permit was recently issued for a new single-family residence on Parcel A; however, since Parcel A will be getting larger with the lot line adjustment, the subject application will actually cause the lot coverage of the future residence on Parcel A to decrease further below the maximum of 35%. 5. Corner Lot Determination: Neither lot is considered a corner lot. 6. Flag Lot Determination: Neither lot is considered a flag lot. The proposal appears to meet the intent of the Zoning Ordinance. G. ENVIRONMENTAL ASSESSMENT The subject property is relatively level with a gentle downwards slope from east to west toward Puget Sound. A steep slope is adjacent to the western property line, where the land drops down to the BNSF railroad tracks. This slope is steep enough to qualify as both an Erosion Hazard Area and a Landslide Hazard Area pursuant to the requirements of ECDC 23.40 and 23.80. However, there appears to be no particular topographical consideration driving the lot line adjustment, and no further critical areas study is required at this time. Further critical areas study, however, may be required for future work on either property. H. LOT LINE ADJUSTMENT COMPLIANCE ECDC (ECDC 20.75.050) ECDC 20.75.050(C) states that the lot line adjustment shall be approved unless the proposed adjustment will: 1. Create a new lot, tract, parcel, site, or division; 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; 3. Reduce the lot width or lot size below the rninirnunr required for the applicable zone; 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division,- 5. ivision;5. Would otherwise result in a lot which is in violation of any requirement of the ECDC. The proposal will not create a new lot, tract, parcel, site or division — there are two existing lots, and the proposal will result in two lots. No existing setbacks will be reduced below the minimum required by code, as all existing structures will be removed from Parcel B and the future residence on Parcel A (permitted under File No. BLD20100999) will be even further from the eastern property line of Parcel A following the lot line adjustment. The proposal will not reduce the lot area or width of either lot below the minimum required by the zone. The proposal is not transforming a nonbuildable lot into a buildable lot — both currently have access and can be developed with single-family dwellings. There is no indication that this proposal is in violation of the Edmonds Community Development Code. Page 5 of 6 MacDonald/Read Lot Line Adjustment File No. PLN20110011 9921/9947 Water St. III. APPEALS Type I permit decisions may be appealed by a party of record to Snohomish County superior court within 21 days of the date of the decision pursuant to ECDC 20.07.006. Section 20.75.050(F) states, "An application for a lot line adjustment shall expire one year after a complete application has been filed with the city. An extension up to an additional year may be granted by the Edmonds planning manager or his/her designee upon a showing by the application of reasonable cause." V. NOTICE TO THE COUNTY ASSESSOR The property owner may, as a result of the decision rendered by the staff, request a change in the valuation of the property by the Snohomish County Assessor's Office. Planning Division Barbara MacDonald 9921 Water Street Edmonds, WA 98020 1. Zoning and Vicinity Map Darren Riddle 11425 — 53`d Ave. SE Everett, WA 98208 W. Glen and Debra Read 2123 NW 204t" St. Shoreline, WA 98177 2. Land Use Application Form signed by Barbara MacDonald 3. Land Use Application Form signed by W. Glen Read 4. Proposed Lot Line Adjustment Map 5. Applicant's Statement Page 6 of 6 N Zoning and Vicinity Map File No. PLN201 10011 0 150 300 600 Feet Attachment 1 City of Edmonds �- Land Use Application ❑ ARCHITECTURAL DESIGN REVIEW • • • ❑ COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT FILE # PLNaO l k00l IIOD 1 ( ZONE—?.,S-0, ❑ HOME OCCUPATION DATE I REC'D BY tT2n M . ❑ FORMAL SUBDIVISION _ �❑SHORT SUBDIVISION FEE yao RECEIPT # ,( 'DL LOT LINE ADJUSTMENT HEARING DATE N& ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ BE STAFF ❑ PB ❑ ADB ❑ CC Q STREET VACATION 1) REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: q PROPERTY ADDRESS OR LOCATION 9 9 21 W4r4L s% OMoN05 , Lt/,f 9,407,0 PROJECT NAME (IF APPLICABLE) �y PROPERTY OWNER 84"Ao q- W4-CD�ONA-LA PHONE # 4 ZS 7 /8 ,7.3 J c ADDRESS 9 9 Z1_ - -_ WA TE2 �iYIDryDS� t 9 �0 E-MAIL FAX # 7-703 1 30030;400 � TAX ACCOUNT # Z% U 31 3 00!-1 3 y T Oa SEC. 13 w. 2 RNG. 3 F- DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) plr �ZtJ7" tjAI& q&r;w/ nJ Lay 2 BA 6® 00. PLA12ao90843 PAL 4t Am 2-011 v t 18,S"v0 Z . DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) APPLICANT 944-IBet/A 0k&P0aJ41,d PHONE #... - , - 77'�35q ADDRESS99Z' 4✓ ice �% � OA�(7Si /90 2 E-MAIL I ,, �� " p FAX # CONTACT PERSON/AGENT Dh",F/t/ g p iJ y ,, (®PH(O�N�E # 4Z5' SOB - � S� ADDRESS /147,5- 3 /�-t/) ' . 5' , 4. 0 -v -14—A , 4/;4- 9,0U6 E-MAIL /j 1&y5'• NEr FAX# 4Z5-' 3$7-3577 The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the informatioryfRd exhibits herewith subm' ed are true and correct to the best of my knowledge and that I am authorized to file this app licat' n 21the beha /) n r s fi ed below. / SIGNATURE OF APPLICANT/AGENT / DATE 4- / 4-f / Property Owner's Authorization I, 8A r ba. r 6� t . h4t.--'667 <3 /d certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this application. ( / SIGNATURE OF OWNER DATE n 7 —/Y , h A-1( Questions? Call (425) 771-0220. Revised on 9/14/10 B - Land Use Application Page 1 of] Attachment City of Edmonds _ Land Use Application I ARCHITECTURAL DESIGN REVIEW -1 COMPREHENSIVE PLAN AMENDMENT '7 CONDITIONAL USE PERMIT FILE# ZONE U^� 0 HOME OCCUPATION DATE REC'D BY I FORMAL SUBDIVISION 1 SHORT SUBDIVISION FEE RECEIPT# J LOT LINE ADJUSTMENT HEARING DATE I PLANNED RESIDENTIAL DEVELOPMENT J OFFICIAL STREET MAP AMENDMENT J HE STAFF PB ADB CC 7 STREET VACATION J REzONE :7 SHORELINE PERMIT J VARIANCE /REASONABLE USE EXCEPTION OTHER: PROPERTY ADDRESS OR LOCATION PROJECT NAME(IF APPLICr4 APPLICABLE) &6 Q-+ .(' c PROPERTY OWNER &16W 901+1/ PHONE# `y —✓ 1.73 ADDRESS 7 -12?) -1 2 3 A1141 U! f73� .ST- s �v2� Ltav�� � M77 IA E-MAIL 41" I (0- 404h.. CoAd FAX # TAX ACCOUNT # ?-W 3 13oo3 c a4o(N, SEC. /3 TWP. 2-7 RNG. 3 DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) A®vievm)*-Y lLiryl, 4-#JtAsrm&, L�x_s� 2 6l- 5#ar DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) APPLICANT PHONE # ADDRESS E-MAIL FAX # CONTACT P nnERSON/AGENT 11J Rt0D LF PHONE # � _'!_ J q " S�I ADDRESS_l/:i� 6 136,19 Mite6&tg UA 199-09 E-MAIL DA 9 KQ Va%S -p06—; FAX # Z ZS' .?5'7- �7 9 3V The undersigned applicant, and his/hedits heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the informatio and exhibits herewith sub itted are true and correct to the best of my knowledge « and that I am authorized to file this applicat' n n the behalf of the oas listed below. SIGNATURE OF /AGENT DATE � a %L Prop r is Autho ' tion W .6 x I, , certify under the penalty of perjury under the laws of the State of Washin on thallhe following is a true and correct statement: I have.authorized the above Applicant/Agent to apply for the subject land use application, and grant m permission the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of ins cc 'on and posting endant to this application. SIGNATURE OF OWNER DATE ���� Questions? Call (425) 771-0220. Revised on 9114110 B - Land Use application Page I of] rwt. V'1 O a a w I IM 13a�� Q be ION 0 o Ln Z b HENuj w ya p o X3.8 ry O O Q C d LL Q z SSW OzC � Ln N Lu LL. 'tic o q ? O vLL1i z C2 ZE 3 8CCQ�4° Co LLN tlnvZ o 0 WI C Q N w� �m j 44 d� I I 21 I I 'ybJ'J O Q 12 a r ow e OrM �i s tete 9 P � m W C i' WO I 1 $ CQ �e I e US �w log 03� OF •O �++ L- fig,esao I N H �p Y }�•t�j 5 � � , p I x z � �! Q I I 21 I I 'ybJ'J O Q 12 ow e OrM �i s tete 9 P Ci qq W C i' WO ! i $ US OF •O �++ L- Pac�f�'Coast P.O. Box 13619 Mill Creek, WA 98082--Darren(a PCSurveys.net Fax 42-5.357.3577 - Ph. 425.5o8.4951 June 15, 2011 Jen Machuga City of Edmonds 121 Stn Ave. North Edmonds, WA 98020 RE: Additional information for land use application file no. PLN2o11o011 9921 & 9947 Water St. This letter is to serve as our written statement regarding the Edmonds Community Development Code and the applications compliance with ECDC 20.75.050 in particular. This lot line adjustment is intended to adjust the current property line between lot 1 and lot 2, of short plat recorded under auditor's file no. 201101185002. This application does not create any additional lot or tract, or transform a non -buildable lot or tract into a buildable lot or tract. After the proposed demolition of the existing residence on lot 2, this lot line adjustment will not reduce any setbacks or make any nonconforming setbacks more nonconforming than exist now. The result of the proposed lot line adjustment will not reduce any lot to a size or width that is deficient for the applicable zone. This lot line adjustment meets all the requirements of the ECDC. 2SinIM y, rren Riddle, PLS