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pln200500162-10784.PDFCITY OF EDMONDS V-05 -162 Ray @ 15625 75t' Pl W ncC.1S9v CITY OF EDMONDS 121 5TH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION OF THE HEARING EXAMINER CITY OF EDMONDS APPLICANT: Kyle and Juliann Ray CASE NO.: V-05-162 LOCATION: 15625 75'h Place West GARY HAAKENSON MAYOR APPLICATION: Request for a variance to reduce the required 25-foot (west) street setback to 15.5 feet (5.5 feet from the planned right-of-way line) and a variance to reduce the required 10foot (south) side setback to 6.6 feet (Exhibit A, Attachments 5 & 6). REVIEW PROCESS: Variance: Hearing Examiner conducts a public hearing and makes final decision. MAJOR ISSUES: a. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030 (SINGLE-FAMILY RESIDENTIAL - Site Development Standards). b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.85 (VARIANCES). SUMMARY OF RECOMMENDATION AND DECISION: Staff Recommendation: Approve with conditions Hearing Examiner Decision: Approve with conditions PUBLIC HEARING: After reviewing the official file, which included the Planning Division Staff Advisory Report, and after visiting the site, the Hearing Examiner conducted a public hearing on the application. The hearing on the application was opened at 3:00 pm. March 16, 2006, in the City Council Chambers, Edmonds, Washington, and closed at 3:04 pm. Participants at the public hearing and the exhibits offered and entered are listed in this report. A verbatim recording of the hearing is available in the Planning Division. Incorporated August 11, 1890 Sister City - Hekinan, Japan Hearing Examiner Decision Case No.: V-05-162 Page 2 HEARING COMMENTS: The following is a summary of the comments offered at the public hearing. From the City: Gina Coccia, Project Planner, reviewed the staff advisory report and noted that there had been no public comments submitted prior to the hearing. From the Applicant: Kyle Ray, Applicant, said he would comply with the recommended conditions of approval. From the Community: Al Rutledge said he supported the variance request. FINDINGS OF FACT AND CONCLUSIONS: A. INTRODUCTION 1. History: a) Facts: (1) The applicant applied for a building permit to construct a second story addition that is currently in for review. (2) The applicant was made aware that the project, as submitted, would require a variance due to the location of the addition in relation to the south and west property lines. (3) The applicant has applied for these two setback variances to allow the addition in the location as proposed on their building permit application. (4) The City's Annexation Map indicates the site was annexed into the City of Edmonds on August 1, 1963. (5) The Snohomish County Assessor's website indicates that the existing structure was built in 1954, prior to annexation. (6) Due to a history of landslides and unstable soils in the area of the annexation, the city of Edmonds zoned the area RS-20. This zoning classification required lots with a minimum size of 20,000 sq ft and limited development on the unstable slopes In this area. (7) The subject lot was legally created and developed while it was still in the county. It is roughly 10,000 sq ft and the home was built closer to both the street lot line and side lot line than the RS-20 zone would allow. The property and the existing home are substantially nonconforming. B. SITE DESCRIPTION 1. Site Development and Zoning: a) Facts: 1%W Hearing Examiner Decision Case No.: V-05-162 Page 3 (1) Size and Access: The subject property is approximately 9,840 square feet in area, with approximately 92 feet of frontage on 751' Place West (Exhibit A, Attachment 5). The minimum lot size in the RS-20 zone is 20,000 square feet. This site is less than half the minimum lot size for the zone. (2) Land Use: The site has a home with attached carport (Exhibit A, Attachment 8). (3) Zoning: The subject property is zoned Single -Family Residential (RS-20) as shown on the map below. (4) Terrain and Vegetation.: The subject site slopes down to the west (Exhibit A, Attachments 4 and 5). The eastern 1/3 of the property is considered a steep slope pursuant to the Critical Areas chapter of the Edmonds Community Development Code (ECDC 23.80 -- Geologically Hazardous Areas). Mature trees are present on the slope towards the eastern portion of the property. 2. Neighboring Development and Zoning: b) Facts: (1) The properties to the north, south, east, and west are zoned Single -Family Residential (RS-20) and are developed with single-family residences. (2) in 1991, a Lot Line Adjustment was completed (Exhibit A, Attachment 7) to adjust the property line between this site and the property to the south. It states that the sites are noted for steep topography, and due to long standing platting errors, the house straddled the southern property line. C. STATE ENVIRONMENTAL POLICY ACT (SEPA) a) Fact: Variances granted based on special circumstances are exempt from SEPA review (WAC 197-11-800(6)(b) and ECDC 20.15A.080). b) Conclusion: The application complies with the requirements of the State Environmental Policy Act. The following sections determine how the proposal meets the requirements of City codes. D. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE 1. Critical Areas Compliance a) Facts: (1) This proposal is subject to review under ECDC Chapter 23.40 (Environmentally Critical Areas General Provisions). (2) A Critical Areas Checklist has been submitted (CA-2005-0189) and it was determined that a study would be required as critical areas (steep slope) were found on or adjacent to the site — more specifically, located on the eastern portion of the property (Exhibit A, Attachment 4). b) Conclusion: During building permit review, a geotechnical report may be required from the Building Division, and once geotechnical conditions are met, then tir Hearing Examiner Decision Case No.: V-05-162 Page 4 proposal will have met the requirements of the Environmentally Critical Areas Chapter. 2. Compliance with (RS-20) Zoning Standards a) Facts: (1) The fundamental site development standards pertaining to Residential development in the Single -Family Residential zone (RS-20) are set forth in Chapter 16.20.030. The table below illustrates the required setbacks for the RS- 20 zone, the existing setbacks to the house, and the proposed setbacks to construct the new addition. WEST (Street) NORTH SOUTH EAST "75'h Place (Side Se tbacks1) (Rear) West" Required Setbacks 25 feet 35/10 feet 35/10 feet 25 feet 18.1 feet — 3 feet Existing Setbacks pl45 anned Right- (to 5 feet feet of -Way) age) Proposed Setbacks 15.5 feet (5.5 from 47.6 feet 45 To New Addition Planned Right- g (to new addition) 6.5 feet feet of -Way)_ (2) The existing setbacks (street and both sides) do not meet the minimum code requirements for the RS-20 zone. (3) The south (side) setback to the new proposed addition would be greater than the setback to the existing house. (4) The west (street) setback to the proposed addition would be 2.9 feet closer to the street than the existing house. (5) ECDC 21.90.130 states the definition of Street Lot Line. It describes how street setbacks must be measured from proposed Right -of -Way lines where the proposed and existing right-of-way lines are not the same. In this case, the City's Official Street Map is showing that an additional 10 feet of right-of-way may be required or purchased from the Ray's across the frontage of their lot. This also further exacerbates the nonconformity of the existing house and the proposed addition (Exhibit A, Attachment 9). 1 "35/10" means 35 feet combined with a minimum of 10 feet on each side. Itaw �4w Hearing Examiner Decision Case No.: V-05-162 Page 5 (6) A lot line adjustment (Exhibit A, Attachment 7) was conducted in 1991 to correct the fact that the existing house straddled the south (side) property line. (7) The lot line adjustment staff report summarizes the variance criteria that staff felt met in order to approve the modification request (Exhibit A, Attachment 7). (8) The Snohomish County Assessor's records indicate that the existing house was constructed in 1954 (1 story with basement). b) Conclusions: (1) The proposal requires variances to the street and side setback to be approved before it complies with the requirements of the RS-20 zoning standards. (2) The existing lot and house are substantially nonconforming. The lot is nonconforming in area and the house is nonconforming in both street and side setbacks. 3. Compliance with Requirements for a Variance a) Facts: (1) Chapter 20.85 of the ECDC sets forth the mechanism whereby a provision of the Code may be varied on a case -by -case basis if the application of the provision would result in an unusual and unreasonable hardship. The criteria are as follows: (a) Spqcial Circumstances: That because of special circumstances relating to the property such as size, shape, topography, location or surroundings of the property, 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. Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same property. (b) Spgcial Privilege: That 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) Comprehensive Plan and Zoning Ordinance: That the approval of the variance will be consistent with the intent of the comprehensive plan, the zoning ordinance, and the zoning district in which the property is located. (d) Not Detrimental: That 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 the same zone. (e) Minimum Variance: That the approved variance is the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity with the same zoning. Hearing Examiner Decision Case No.: V-05-162 Page 6 (2) The applicant has submitted declarations with their submittal, which address the decisional criteria (Exhibit A, Attachment 3). The applicant has also submitted photographs of the site and of the existing structure (Exhibit A, Attachment 8). (3) The applicant is requesting two variances. The two setback variances are to allow the proposed addition to be placed further away from the south side property line than the existing building (which does not meet setbacks), and to be placed above the existing structure (which does not meet setbacks) but for a small portion to be located further west than the existing structure. (4) The City's access database shows several approved variance requests in the vicinity along 75`'Place West, and several in particular that were for adjacent properties to the north and to the south of the subject site (Exhibit A, Attachment 9). (5) City staff generally agreed with the declarations of the applicant in regards to compliance with the variance criteria. The Examiner concurs with staff. (6) The site is very small with less than half the required lot area for the zone. Not only is it small, but it also is encumbered by a steep slope on the eastern 1/3 of the property, which results in a constricted building envelope (7) The steep slope is not going to be disturbed with this proposal, nor do any views appear to be blocked. Further, the proposed variance would not be detrimental to the public health safety and welfare in that it will protect a steep slope hazard area in a greater fashion than asking for a variance to the Critical Areas provisions of our case. (8) Exhibit A, Attachment 5 shows where the Steep Slope Hazard Critical Area is located on the property and the relationship between the slope and the existing/proposed structure. (9) Exhibit A, Attachment 5 reveals how little property is left for a potential building after applying all the applicable setback regulations. It also shows the applicant's requested reduction of the street and side setbacks from the proposed building footprint. (10) The proposed site plan and floor plans appear to be a moderately sized house for this area. b) Conclusions ReaardW2 Setback Variances: (1) Special Circumstances: Special Circumstances exist on the site related to: the size of the property, the slope located on the property and the location of the existing home that was legally established on the property, that justify the approval of a variance. (2) SMial Privilege: There have been several approved setback variances in the vicinity (Exhibit A, Attachment 9). Therefore, 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. 1Ow Hearing Examiner Decision Case No.: V-05-162 Page 7 (3) Comprehensive Plan and Zoning Ordinance: The approval of the setback variance is not inconsistent with the Comprehensive Plan. The variances would have to be approved for the proposed addition to be in compliance with the zoning ordinance. (4) Not Detrimental: Because the steep slope is not going to be disturbed with this proposal and no views appear to be blocked staff concludes that the proposed variances will not be detrimental. (5) Minimum Variance: Based on the facts identified above, staff concludes that the project is the minimum necessary. E. COMPREHENSIVE PLAN (ECDC) 1. Comprehensive Plan Designation a) Fact: The subject property is designated as "Single Family -- Resource." b) Conclusion; Single-family residential development and is consistent with the existing Comprehensive Plan Land Use designation for the site. 2. Comprehensive Plan Goals and Policies a) Facts: (1) The. Comprehensive Plan, Residential Development section identifies goals and policies which relate to this proposal. Specific goals and policies are discussed below. Specifically, it states that Goal B is: "High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted~ The options available to the City to influence the quality of housing for all cittzens should be approached realistically in balancing economic and aesthetic considerations, in accordance with the following policies: " B.I. Encourage those building custom homes to design and construct homes with architectural lines which enable them to harmonize with the surroundings, adding to the community identity and desirability. B.2. Protect neighborhoods from incompatible additions to existing buildings that do not harmonize with existing structures in the area. B.3. Minimize encroachment on view of existing homes by new construction or additions to existing structures. B.4. Support retention and rehabilitation of older housing within Edmonds whenever it is economically feasible. B.6 Require that new residential development be compatible with the natural constraints of the slopes, soils, geology, vegetation, and drainage- (2) The proposed new addition makes use of architectural lines in an attempt to harmonize with the surrounding neighborhood (Exhibit A, Attachment 6). (3) The proposal is to construct a new addition to a modest -sized older home. Hearing Examiner Decision Case No.: V-05-162 Page 8 (4) The proposal does not appear to block any views. (5) The proposal is to retain and rehabilitate an existing older home. (6) The proposed new addition is located on the site as far away from the natural constraints of eth slopes as possible. b) Conclusion: (1) The proposed project complies with the identified goals and policies of the Comprehensive Plan. F. CORRESPONDENCE The City received no public comment letters on this application. G. TECHNICAL CONEVHTTEE 1. Review by City Departments a) Fact: The variance application has been reviewed and evaluated by the Fire Department, Public Works Department, Engineering Division, and the Parks and Recreation Department. No comments were received. b) Conclusion: As shown, the proposal appears to meet the requirements of the above City departments. DECISION• Based upon the foregoing findings and conclusions, the requested street setback variance and the requested side setback variance (as depicted in the site plan (Exhibit A, Attachment 5) are both approved, subject to the following conditions: 1. This application is subject to the applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances_ 2. The applicant must obtain a building permit for the proposed addition. 3. The applicant must comply with all the terms of any future permits. 4. The permit should be transferable. Entered this 24`h day of March 2006 pursuant to the authority granted the Hearings Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. Ron McConnell, FAICP Hearing Examiner Hearing Examiner Decision Case No.: V-05-162 Page 9 RECONSIDERATION AND APPEAL: The following is a summary of the deadlines and procedures for filing reconsideration and appeal. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. REQUEST FOR RECONSIDERATION: Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed APPEALS: Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within ten (10) working days after the date of the decision being appealed. TIME LIMITS FOR RECONSIDERATION AND APPEAL: The time limits for Reconsideration and Appeals run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time clock for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example, if a reconsideration request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration. request. LAPSE OF APPROVAL: Section 20.05.020.0 states 'Unless the owner obtains a building permit, or if no building is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date.' NOTICE TO COUNTY ASSESSOR: The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessors Office. M EXHIBIT: The following exhibit was offered and entered into the record. A. Planning Division Advisory Report, with 10 attachments PARTIES oiF RECORD: Kyle & Juliann Ray 15625 75'b Place West Edmonds WA 98026 Planning Division Al Rutledge 7101 Ballinger Way Edmonds, WA 98026 Hearing Examiner Decision Case No.: V-05-162 Page 10 rnc.IS()O Date: whw CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: www.dedmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering Letter of Transmittal March 10, 2006 To: Kyle & Julian Ray 15625 75th Pl. W. Edmonds, WA 98026 Subject: V-05-162 Transmitting Hearing Examiner Agenda and Staff Report For Your Information: X As you requested: For your file: Comment: Note attachments: X Sincerely, GARY HAAKENSON MAYOR Diane Cunningham, Administrative Assistant • Incorporated August 11, 1890 • Sister City - Hekinan, Japan i� CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION ADVISORY REPORT FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS To: Ron McConnell, FAICP — Hearing Examiner From: eyw'— VweAV. Gina Coccia Project Planner Date: MARCH 9, 2006 File: V-05-162 KYLE & JULIANN RAY — SETBACK VARIANCE Hearing Date, Time, and Place: MARCH 16T" 2006 — 3:00 P.M. Council Chambers, Public Safety Building 250 — 5d' Avenue North Edmonds Washington 98020 TABLE OF CONTENTS Section Page I. INTRODUCTION.............................................................................................................2 A. APPLICATION.................................................................................................................................... 2 B. RECOMMENDATIONS.................................................................................. 2 II. FINDINGS OF FACT AND CONCLUSIONS...............................................................3 A. INTRODUCTION................................................................................................................................ 3 B. SITE DESCRIPTION............................................................................................................................ 3 C. STATE ENVIRONMENTAL POLICY ACT(SEPA)..................................................................................4 D. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE .............................................. 4 E. COMPREHENSIVE PLAN (ECDC)....................................................................................................... 7 F. PUBLIC COMMENTS........................................................................................................................... 8 G. TECHNICAL COMMn-rEE.................................................................................................................... 8 III. RECONSIDERATION'S AND APPEALS.....................................................................8 A. REQUEST FOR RECONSIDERATION...................................................................................................... 8 B. APPEALS............................................................................................................................................9 C. TIME LIMITS FOR RECONSIDERATION AND APPEALS.......................................................................... 9 IV. LAPSE OF APPROVAL...................................................................................................9 V. NOTICE TO THE COUNTY ASSESSOR.....................................................................9 VI. ATTACHMENTS..............................................................................................................9 VII. PARTIES OF RECORD...................................................................................................9 Kyle & Juliann Ray �41W File No. V-05-162 Page 2 of 9 I. INTRODUCTION The applicant plans to build an addition to their home on a lot in North Edmonds. Because of the nonconforming status of the Ray's house and property and the fact that the property is encumbered by a Steep Slope Critical Area to the east, a variance is required for the addition the applicants are proposing. In an attempt to minimize any impact they might have on the Steep Slope Hazard area on the east side of their property the applicant has proposed to construct a second story addition that, for the most part, is on top of their existing house. Because the footprint of their building will not increase towards that Steep Slope area they will not need any Critical Areas permits. However, because their current lot is so small and the existing house is nonconforming in relation to both the street and side setbacks, the proposed second story addition will be an expansion of the nonconformity. This is not allowed unless a variance is approved. This results in their request for both a Street and Side Setback Variance. The Street Setback Variance would allow their proposed addition to be 15.5 feet from their current street property line on the west side of the property (5.5 from the planned right-of-way line were setbacks are required to be measured from) where 18 feet is existing and 25 feet is required (only 8 feet is provided from the existing structure to the planned right-of- way line). The Side Setback Variance would allow the proposed addition to be 6.6 feet from the south side property line where 5 feet is existing and 10 feet is required. A lot line adjustment was filed in 1991 to adjust the south property Iine to its existing location (Attachment 7). The following is the Edmonds Planning Division's analysis and recommendation of the applicant's submittal. A. Application 1. Applicant: Kyle & Juliann Ray (Attachment 2). 2. Site Location: 15625 750i Place West (Attachment 1). 3. Re uest: A variance to reduce the required 25-foot (west) street setback to 15.5 feet (5.5 from the planned right-of-way line) and a variance to reduce the required 10 foot (south) side setback to 6.6 feet. (Attachments 5 and 6). 4. Review Process: Variance: Hearing Examiner conducts public hearing and makes final decision. 5. Major Issues: Subject Site a. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030 (SINGLE-FAMILY RESIDENTIAL - Site Development Standards). b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.85 (VARIANCES). B. Recommendations Based on statements of Fact, Conclusions, and Attachments in this report we recommend: • APPROVAL of the street setback variance as depicted in the attached site plan and floor plans; and • APPROVAL of the side setback variance as depicted in the attached site plan and floor plans; and 1. This application is subject to the applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 2. The applicant must obtain a building permit for the proposed addition. StafiReport_V-05-162.doc / March 9, 2006 Kyle & Juliann Ray File No. V-05-162 Page 3of9 3. The applicant must comply with all the terms of any future permits. 4. The permit should be transferable. II. FINDINGS OF FACT AND CONCLUSIONS A. Introduction 1. History: a) Facts: (1) The applicant applied for a building permit to construct a second story addition that is currently in for review. (2) The applicant was made aware that the project, as submitted, would require a variance due to the location of the addition in relation to the south and west property lines. (3) The applicant has applied for these two setback variances to allow the addition in the location as proposed on their building permit application. (4) The City's Annexation Map indicates the site was annexed into the City of Edmonds on August 1, 1963. (5) The Snohomish County Assessor's website indicates that the existing structure was built in 1954, prior to annexation. (6) Due to a history of landslides and unstable soils in the area of the annexation, the city of Edmonds zoned the area RS-20. This zoning classification required lots with a minimum size of 20,000 sq ft and limited development on the unstable slopes in this area. (7) The subject lot was legally created and developed while it was still in the county. It is roughly 10,000 sq ft and the home was built closer to both the street lot line and side lot line than the RS-20 zone would allow. The property and the existing home are substantially nonconforming. B. Site Description 1, Site Development and Zoning: a) Facts: (1) Size and Access: The subject property is approximately 9,840 square feet in area, with approximately 92 feet of frontage on 75th Place West (Attachment 5). The minimum lot size in the RS-20 zone is 20,000 square feet. This site is less than half the minimum lot size for the zone. (2) La1W Use: The site has a home with attached carport (Attachment 8). (3) Zoning: The subject property is zoned Single -Family Residential (RS-20) as shown on the map below. (4) Terrain and Vegetation: The subject site slopes down to the west (Attachments 4 and 5). The eastern 1/3 of the property is considered a steep slope pursuant to the Critical Areas chapter of the Edmonds Community Development Code (ECDC 23.80 — Geologically Hazardous Areas). Mature trees are present on the slope towards the eastern portion of the property. Stafftport_V-05-162.doc / March 9, 2006 M Kyle & Juliann Ray File No. V-05-162 Page 4 of 9 C. 2. Neighboring Development and Zoning: a) Facts: (1) The properties to the north, south, east, and west are zoned Single - Family Residential (RS- 20) and are developed with single-family residences. (2) In 1991, a Lot Line Adjustment was completed (Attachment 7) to adjust the property line between this site and the property to the south. 1t states that the sites are SITE 1, �- rv,f _ ,771 ;=a R52Q noted for steep topography, and due to long standing platting errors, the house straddled the southern property line. State Environmental Policy Act (SEPA) 1. Fact: Variances granted based on special circumstances are exempt from SEPA review (WAC 197-11-800(6)(b) and ECDC 20,15A.080). 2. Conclusion: The application complies with the requirements of the State Environmental Policy Act. The following sections determine how the proposal meets the requirements of City codes. Edmonds Community Development Code (ECDC) Compliance 1. Critical Areas Compliance a) Facts: (1) This proposal is subject to review under ECDC Chapter 23.40 (Environmentally Critical Areas General Provisions). (2) A Critical Areas Checklist has been submitted (CA-2005-0189) and it was determined that a study would be required as critical areas (steep slope) were found on or adjacent to the site — more specifically, located on the eastern portion of the property (Attachment 4). b) Conclusion: During building permit review, a geotechnical report may be required from the Building Division, and once geotechnical conditions are met, then proposal will have met the requirements of the Environmentally Critical Areas Chapter. 2. Compliance with (RS-20) Zoning Standards a) Facts: (1) The fundamental site development standards pertaining to Residential development in the Single -Family Residential zone (RS-20) are set forth in Chapter 16.20.030. The table below illustrates the required setbacks for the RS 20 zone, the existing setbacks to the house, and the proposed setbacks to construct the new addition. 5taflReport_V-05-162.doc 1 March 9, 2006 Kyle & Juliann Ray File No. V-05-162 Page 5 of 9 WEST NORTH (Street) SOUTH EAST "75'' Place West" (Side Setbacks) (Rear) Required Setbacks 25 feet 35/10 feet 35110 feet 25 feet 18.1 feet — 3 feet Existing Setbacks (8.1 from Planned 5 feet 45 feet Right -of -Way) (to garage) Proposed Setbacks 15.5 feet 47.6 feet (5.5 from Planned (to new 6.5 feet 45 feet To New Addition Right -of -Way) addition (2) The existing setbacks (street and both sides) do not meet the minimum code requirements for the RS-20 zone. (3) The south (side) setback to the new proposed addition would be greater than the setback to the existing house. (4) The west (street) setback to the proposed addition would be 2.9 feet closer to the street than the existing house. (5) ECDC 21.90.130 states the definition of Street Lot Line. It describes how street setbacks must be measured from proposed Right -of -Way lines where the proposed and existing right-of-way lines are not the same. In this case, the City's Official Street Map is showing that an additional 10 feet of right-of-way may be required or purchased from the Ray's across the frontage of their lot. This also further exacerbates the nonconformity of the existing house and the proposed addition (Attachment 9). (6) A lot line adjustment (Attachment 7) was conducted in 1991 to correct the fact that the existing house straddled the south (side) property line. (7) The lot line adjustment staff report summarizes the variance criteria that staff felt met in order to approve the modification request (Attachment 7). (8) The Snohomish County Assessor's records indicate that the existing house was constructed in 1954 (1 story with basement). b) Conclusions: (1) The proposal requires variances to the street and side setback to be approved before it complies with the requirements of the RS-20 zoning standards. (2) The existing lot and house are substantially nonconforming. The lot is nonconforming in area and the house is nonconforming in both street and side setbacks. 1 "35/10" means 35 feet combined with a minimum of 10 feet on each side. 5taftReport_V-05-162.doc / March 9, 2006 Kyle & Juliann Ray File No. V-05-162 Page 6 of 9 3. Compliance with Requirements for a Variance a) Facts: (1) Chapter 20.85 of the ECDC sets forth the mechanism whereby a provision of the Code may be varied on a case -by -case basis if the application of the provision would result in an unusual and unreasonable hardship. The criteria are as follows: (a) Special Circumstances: That because of special circumstances relating to the property such as size, shape, topography, location or surroundings of the property, 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. Special circumstances should not be predicated upon arty factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor arty factor resulting from the action of the owner or any past owner of the same property. (b) Special Privilege: That 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) Comprehensive Plan and Zonin Ordinance: That the approval of the variance will be consistent with the intent of the comprehensive plan, the zoning ordinance, and the zoning district in which the property is located. (d) Not Detrimental: That 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 the same zone. (e) Minimum Variance: That the approved variance is the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity with the same zoning. (2) The applicant has submitted declarations with their submittal which address the decisional criteria (Attachment 3). The applicant has also submitted photographs of the site and of the existing structure (Attachment 8). (3) The applicant is requesting two variances. The two setback variances are to allow the proposed addition to be placed further away from the south side property line than the existing building (which does not meet setbacks), and to be placed above the existing structure (which does not meet setbacks) but for a small portion to be located further west than the existing structure. (4) The City's access database shows several approved variance requests in the vicinity along 75`h Place West, and several in particular that were for adjacent properties to the north and to the south of the subject site (Attachment 9). (5) City staff generally agrees with the declarations of the applicant in regards to compliance with the variance criteria. (6) The site is very small with less than half the required lot area for the zone. Not only is it small, but it also is encumbered by a steep slope on the eastern 1 /3 of the property, which results in a constricted building envelope (7) The steep slope is not going to be disturbed with this proposal, nor do any views appear to be blocked. Further, the proposed variance would not be detrimental to the public health safety and welfare in that it will protect a steep slope hazard area in a greater fashion than asking for a variance to the Critical Areas provisions of our code. StaffReport_V-05-162.doc / March 9, 2006 Kyle & Juliann Ray File No. V-05-162 Page 7 of 9 (8) Attachment 5 shows where the Steep Slope Hazard Critical Area is located on the property and the relationship between the slope and the existing/proposed structure. (9) Attachment 5 reveals how little property is left: for a potential building after applying all the applicable setback regulations. It also shows the applicant's requested reduction of the street and side setbacks from their proposed building footprint. (10)The proposed site plan and floor plans appear to be a moderately sized house for this area. b) Conclusions Regarding Setback Variances: (1) Special Circumstances: Special Circumstances exist on the site related to: the size of the property, the slope located on the property and the location of the existing home that was legally established on the property, that justify the approval of a variance. (2) Special Privilege: There have been several approved setback variances in the vicinity (Attachment 9). Therefore, 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. (3) Comprehensive Plan and Zoning Ordinance: The approval of the setback variance is not inconsistent with the Comprehensive Plan. The variances would have to be approved for the proposed addition to be in compliance with the zoning ordinance. (4) Not Detrimental: Because the steep slope is not going to be disturbed with this proposal and no views appear to be blocked staff concludes that the proposed variances will not be detrimental. (5) Minimum Variance: Based on the facts identified above, staff concludes that the project is the minimum necessary. E. Comprehensive Plan (ECDC) 1. Comprehensive Plan Designation a) Fact: The subject property is designated as "Single Family— Resource." b) Conclusion: Single-family residential development and is consistent with the existing Comprehensive Plan Land Use designation for the site. 2. Comprehensive Plan Goals and Policies a) Facts: (1) The Comprehensive Plan, Residential Development section identifies goals and policies which relate to this proposal. Specific goals and policies are discussed below. Specifically, it states that Goal B is: "High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. The options available to the City to influence the quality of housing for all citizens SITE 5taftReport_V-05-162.doc / March 9, 2006 Kyle & Juliann Ray File No. V-05-162 Page 8 of 9 should be approached realistically in balancing economic and aesthetic considerations, in accordance with the following policies: " A 1. Encourage those building custom homes to design and construct homes with architectural lines which enable them to harmonize with the surroundings, adding to the community identity and desirability. B.2. Protect neighborhoods from incompatible additions to existing buildings that do not harmonize with existing structures in the area. B.3. Minimize encroachment on view of existing homes by new construction or additions to existing structures. B.4. Support retention and rehabilitation of older housing within Edmonds whenever it is economically feasible. B.6 Require that new residential development be compatible with the natural constraints of the slopes, soils, geology, vegetation, and drainage. (2) The proposed new addition makes use of architectural lines in an attempt to harmonize with the surrounding neighborhood (Attachment 6). (3) The proposal is to construct a new addition to a modest -sized older home. (4) The proposal does not appear to block any views. (5) The proposal is to retain and rehabilitate an existing older home. (6) The proposed new addition is located on the site as far away from the natural constraints of eth slopes as possible. b) Conclusion: (1) The proposed project complies with the identified goals and policies of the Comprehensive Plan. F. Public Comments 1. Letters Received As of the date of this report, the City has not received any comment letters. G. Technical Committee 1. Review by City Departments a) Fact: The variance application has been reviewed and evaluated by the Fire Department, Public Works Department, Engineering Division, and the Parks and Recreation Department. No comments were received. b) Conclusion: As shown, the proposal appears to meet the requirements of the above City departments. III. RECONSIDERATION'S AND APPEALS The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. Request for Reconsideration Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific Stafteport_V-05-162.doc ! March 9, 2006 Kyle & Juliann Ray File No. V-05-162 Page 9 of 9 references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B. Appeals Section 20,105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project applicant and the date of the decision, the name and address of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within fourteen (14) calendar days after the date of the decision being appealed. C. Time Limits for Reconsideration and Appeals The time limits for Reconsideration's and Appeals run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. IV. LAPSE OF APPROVAL Section 20.85.020.0 states "The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration and the city approves the application." V. NOTICE TO THE COUNTY ASSESSOR The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessors Office. VI. ATTACHMENTS 1. Vicinity Map 2, Land Use Application 3. Decision Criteria — Letter from the applicant 4. Critical AreaAIDAR Map 5. Site Plan/Topographical Survey 6. Elevation Plans 7. Lot Line Adjustment Staff Report, file number S-3-1991 8. Photos of the existing house 9. Access Database Excerpt 10. Excerpt from the Official Street Map VII. PARTIES OF RECORD Kyle & Juliann Ray Fire Department Planning Division 15625 75s' Place West Public Works Department Engineering Division Edmonds WA 98026 Parks & Recreation Department StaftReport_V-05-162,doc / MarO 9, 2006 soppi Vicinity Map N Ray Variance 15625 75th Place West f EDH 500 250 of'et File V-05-162 o) Attachment 1 i city of edmonds RECEIVED land use application NOV -8 2005 PERMIT COUNTER Q ARCHITECTURAL DESIGN REviFw FOR OFFICIAL USE ON LY ❑ COMPREHENSIVEPLANAMENDMENT Jri ❑ CONDITIONAL USE PERMIT t I FILE # V�5- foL �j� ZONE �-, c� ❑ HOME OCCUPATION Ijd5a5 DATE OeS REC'D BYLt-L%C ❑ FOR-MALSU13DIVISION 1150 D S14ORTSU13DIVISION t 5 FEE S RECEIPT# Q LOT LINE ADJUSTMENT OfcrHEAWNG DATE Q PLANNeD RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT AbE Q STAFF Q PB ❑ ADB ❑ CC Q STREET VACATION Q REZONE Q SHORELINE PERMIT 0 VARIANCE J REASONABLE USE EXCEPTION ❑ OTHER: PROPERTY ADDRESSOR LOCATION 1 75(oZS %S ` PROJECT NAME (IF APPLICABLE) II PROPERTY OWNER Y-I�I.P- AL_ J1 A LLLI O y) y� PHONE #ZG�r�YO,] O ADDRESS IS�AZ5 -7�` 0. W I t 1YU/YI! � � oyZ�a_,._4 E-MAIL ADDRESS 6I)IYIOAI a h M FAX # TAx ACCOUNT # my '-3100 a04 0"I � o7rim SEC.. �I- , Turn. _�7WRNG. -- DESCRJPTIONOFPROnCTORPROPOSED �USE S120DE S� (114+ UfStI1,, 5f rLInAff°. APPLICANT 6414 and JLfU ilr',j1 yl !u PHONE#t/W- /'-12� '1IVS ADDRESS _ 1 SDZi-_ -%f p }-_p 1 •/ W/� _# fYtD+V uA GI �2C0 E-MAILADDRESS eL1ij7/ IAilI151GUi/�QhG� rpm FAXr# CONTACT PERSONIACENT (5airyl P 11 PHONE # l ADDRESS E-MAIL ADDRESS FAX # The undersigned applicant, and hi"crfits 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/herlils agents or employees, By my signature, I certify that the information and exhibits herewith submitted are live and correct to the best of my knowledge and that 1 am authorized to file this apphcatio behalf of the owner as listed below. SIGNATURE OF APPLICANTIAGENT Property Owner's Authorization By my signature, I certify that f have authorized the above ApplicanVAgent 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 7 attendant to this application. SIGNATURE OF OWNER - _ DATE n,� r This application form was revis ! o verify whether it is still current, call (425) 771-0220. L iVBRAR"LANNINMPa & K.Md Ullk&x H*,,dIN11f%wJ UKAWkadm ix Attachment 2 M RECEIVE s APPLICATION FOR VARIANCE NOV — 8 2005 Residential property: Kyle and Juliann Ray (owners) pERMiT COUNTER 75�Place West Edmonds, WA 98026 We are applying for setback variances for the South and West sides of our property. South and West setback variance application: Responses to the six special criteria statements. 1. Special Circumstances A. West Side Setback - Our lot is an approximately 9,840 square foot lot and is almost '/z the lot size typically required for a RS-20 zoned lot. When applying typical RS-20 setback requirements to a 9,840 square foot lot our buildable area is substantially impacted. In addition, one-third of that 9,940 square feet is an unbuildable steep slope on the eastern side of the lot which pushes the developable space toward the west side of the lot, further reducing our buildable space down to approximately 6,560 square feet. Our existing house is built on the forward portion of the lot because of the steep slope. The closest portion of the existing structure to the street is l8. t feet from the west side (street side) of the lot and we are remodeling within the existing structures foot print. We would like to add a bay window on our existing kitchen that would extend 2 '/2 feet onto the current deck. Above the existing deck/kitchen we would like to add a small deck on the upper floor addition that would extend approximately six feet. Hence, this deck addition/bay window would not alter our 18.1 current Westside setback because that portion of the existing structure is further from the street. With the upper floor deck addition we are asking for a 22.1 foot West side setback, this is located on the part of the existing structure that is approximately 10 feet finther from the street side. Since our buildable space is approximately 6,500 square feet our lot is closer to the size of a RS-6 zoned lot, which requires a 20 foot setback putting us in that range. Furthermore, the public right of way line is currently 40 feet wide. However, the city states they may, at some point in the future, increase the ROW to 60 feet. This requires that we measure our West Side Setback by the edge of the future ROW line and not the current ROW line. The future ROW line encroaches ten more feet in front further reducing our buildable space an additional ten feet. B. South Side Setback - We are asking for a variance on a five foot side yard setback. Our existing structure was built in 1956 with an addition added sometime in the early 70's. Due to previous platting errors resulting in lot line adjustments as well as a previous variance granted to the property immediately south, our existing structure is five feet from the property line. The proposed second story addition would be directly on top of the existing structure's footprint. As mentioned above, this setback would be in accordance with a lot zoned RS-6 which our lot more closely resembles. 2. Special Privilege Granting the above variance will not call for special privilege. Approximately 75% of the lots on our street do not meet the 20,000 square foot zoning requirement and several, including our immediate neighbors to the north and south, have been granted different variances for new construction or additions. 3. Comprehensive Plan We have a complete, professionally designed and engineered plan for our proposed remodel. This proposed plan will add considerable value to our property as well as benefit the city of Edmonds. 4. Zoning Ordinance The city zoning ordinance calls for residential development in our district. Our proposed remodel will greatly improve our existing residential structure. Due to the fact that our lot was originally developed way before the current zoning regulations, and before it was annexed into the city of Edmonds, we are asking for a variance for the setbacks in order to comply with the new zoning for the area. Attachment 3 5. Not Detrimental Considering that we will be remodeling within the current footprint of the existing structure, save for the sic foot upper deck and kitchen bay window, we see the remodel as only benefiting our neighborhood and will not be detrimental to the health, safety and welfare of the public or property within the vicinity and same zone. Furthermore, no views would be blocked and the addition will not reduce the privacy of our neighbors. 6. Minimum Variance Due to our lot size, location and buildable space we believe we are not asking for extenuating circumstances in granting the setback variance. By reviewing the proposed footprint for our planned addition we are asking to add a small upper level deck and kitchen bay window that will not extend the lower current deck which was built when there were no lot size and setback requirements. Because of this, our property, as well as many other properties in our neighborhood are not 20,000 square feet. Many variances have been granted to our neighbors, including our neighbors to the immediate north and south, to accommodate the smaller lot size. These granted variances have greatly improved the property values of many homes in our Edmonds neighborhood. In summary, we are requesting the following setback variances: 1. A variance for a 22.1 foot setback on the street side of our property for a deck addition on the second story remodel. 2. A variance for a five foot side yard setback on the south side of our property for a second story addition within the existing structure's footprint. Please find included with this written submittal: A. Photos of all sides of the existing structure in relation to the property lines. B. The revised plans for our proposed addition 2® t 8 y� w • R �c � c C4 u yM 0 o c C� c no Q 4- S 0 N W 2 � f i� (91itlY.� atl SE1p) 9.Ct,wzpy —_ _ —lip" —�'� A4 'a,?n/d NOSL l n v ea r.+ r.+ in CC Q LU LLI v :E o0 Al ,%Wl E 2O gi CITY OF EDMONDS � PLANNING DIVISION LOT LINE ADJUSTMENT FINDINGS OF FACT AND DECISION File # S-3-91 Address: 15631 75th P1. W. APPLICANT: David & Joanne Spiro ANALYSIS OF DESIGN 1. Lot sizes and Dimensions: a. Areas and setbacks:Lot areas on both lots are smaller than permitted for the RS-20 zone. A modification of the lot area as permitted by Section 20.75.075 is discussed below. The existing lot sizes are not being reduced by the proposed lot line adjustment. lot area for Parcel A is 15,080 sq. ft., and lot area for Parcel B is 9821. sq. ft. Setbacks need to be shown on the final recording papers. b. Lot width: Adequate for RS-20 zone. c. Corner Lots: None. 2. Lot arrangement to topography: Satisfactory 3. Flag lot determination: None 4. Consistent with the purposes of the Zoning Ord.? Yes, with approval of the setback variance. CONFORMANCE TO COMPREHENSIVE PLAN I. Conforms to the policies of the Comp. Plan? Yes ENVIRONMENTAL ASSESSMENT 1. Environmentally Sensitive Area? Yes. 2. Shoreline Permit? N/A 3. Env. Cklist Req'd? Yes. 4. Negative Declaration? Yes. 5. EIS Req'd? No 6. Env. Assessment Form? Yes. REQUIRED IMPROVEMENTS AND DEDICATIONS 1. See City Engineer's Report. 2. Parks or other facilities? None. 3. Special requirements or conditions: See conditions below. Witness Testimony Bruce Oneil, Joanne and David Spiro, Dick Haden, L. Brian Shepherd, and Norman Nelson attended the hearings on this application. Questions were raised about the street improvements and dedications required by the Engineering Department, and about the lot areas of the lots in question. DECISION: Approve proposed 2-lot lot line adjustment subject to the Engineering Department requirements and the conditions listed below. 8 DATE: 4/17/91 Attachment 7 �r ..fir Page 2 NOTICE OF APPEAL WRITTEN APPEALS ALLEGING SPECIFIC ERROR OF FACT OR OTHER GROUNDS FOR APPEAL MAY BE FILED WITH THE PLANNING DEPARTMENT WITHIN TEN WORKING DAYS OF THE DATE OF THIS DECISION. IN THIS MATTER, ANY APPEAL MUST BE RECEIVED BY THE DEPARTMENT PRIOR TO 5:00 P.M.Q. EXHIBIT 1 MODIFICATION OF LOT AREA Section 20.75.075 sets forth provisions for Modifications to the requirements for subdivisions. The modification may be approved only if.all of the required findings set forth in Chapter 20.85 (Variances) can be made. I. REQUESTED ACTION: The proposal is adjust the lot lines between two lots and provide less than the required 20,000 sq. ft. of lot area. The proposed lot area for Parcel A is 15,080 sq. ft., and the proposed lot area for Parcel B is 9821 sq. ft. II. LEGAL DESCRIPTION: Extensive legal, see file. III. APPLICANT: David and Joanne Spiro 7711 171st St. S.W.. Edmonds, WA 98020 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject properties are located in the North Meadowdale area of north Edmonds, and are on the east side of 75th P1. a half block east of the shoreline of Puget Sound. The sites are noted for steep topography and potentially unstable soils. Due to long standing platting errors, the house on the north lot straddled onto the south property. In addition, the lot area of the south lot when it was short platted in 1972, (file S-25-72) was shown as 20,087 sq. ft., with 200.87 ft. of depth, where the present survey shows it to be 15,080 sq. ft. with 150.82 ft. of depth. The site is zoned RS 20. Surrounding development is primarily single family residential. B. Official Street Map Proposed R/W Existing R/W West - 75th Pl. W. 50' 40' C. Conformance to Chapter 20.85.010 1. Special Circumstances � %W Page 3 The long standing platting errors that have occurred in this area, and the location of the existing residence on the site provides special circumstances that make approval of the proposed lot area variance justified. 2. Special Privilege Other lots in the area are under sized, and have encroachments due to the past platting errors. The proposed lot sizes will therefore not change a developed platting pattern in the area. The proposed building pad and setbacks will provide a building site similar in size to that of many other properties in the area. Since the sites in question have a steep embankment at the rear of the site that restricts development in that area, the lot size will not be readily distinguishable as undersized from other surrounding properties. It is concluded that the proposal will not be a grant of special privilege or detrimental to other properties in the area. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Low Density Residential. As proposed, the variance does not conflict with the purposes of the Comprehensive Plan. 4. Zoning Ordinance The subject property is zoned RS-20 The proposed variance does not conflict with the purposes of the zoning ordinance and the RS-20 zone district. 5. Not Detrimental The proposed variance does not pose any significant impact to the public or to any near by private property or improvement. 6. Minimum Variance Based on the circumstances, the proposed lot sizes do represent a minimum variance request. V. STAFF DECISION: It is concluded that the variance criteria is satisfied, and the proposed lot areas are approved. PLANNING DIVISION CONDITIONS OF APPROVAL FILE NO. S-3-91 CONDITIONS 1. All Engineering Division conditions listed on Exhibit 2 shall be followed. 2. The existing and proposed lot areas need to be provided, and the proposed lot areas and approved setbacks need to be shown on the plat map. %W7 Page 4 3. The final recording papers shall be prepared, signed and notarized by the applicant, approved for recording by the Engineering Department and the City Planner, and recorded with the Snohomish County Recorder. + Qif'l.0 � 1�DYE t 2D y O �h i!/."°Df'49'"le C -w. 82 �r fdSTUNf Df LDT 2.5 �Ylf�tOd�l/Ll.�lEt�E.4GfJ �UP�'E/l?fiYTdL f�L4l 3,8D.7B v i Zd" 1 `\ OTE rn vr� ay a,�P,4W.IW.rWc. 14Zzup419 "4.3"/1/ � �t7rfX/SllrJNli!%/! JB.P.4Sf .i3'.sE.�/E•P AUTH0ffl2ttrE FOR REOGMMOv. CITY OF EDMONDS lwo-.Aarl /.?s_ 9/s s� Le-&llbr lNr&aPr a -a 9/-A x d7' ELL 0 r �4 IN . 1 0 %W' ACCESS DATABASE SEARCH The following table summarizes Variances on 751h Place West in the Vicinity of the Subject Site. Highlighted rows represent properties adjacent to the subject site at 15625 75th Place West. 15931 75th Place West is located directly SOUTH of the subject property and 15615 75th Place West is located directly NORTH of the subject property. Building Street: Suffix: Dir: Year: A# P Type: Applicant's Name: Decision: Description: 16024 75th PL W 1966 239 V Imamura, Eugene Approved Side Yard Setback 15931 75th PL W 1967 28 V Glazer, H B Approved Side, Rear Yard Setback 15931 75th PL W 19681 30 V Alm kerk 1 Glazer Approved Min. Lot Coverage 15706 75th PL W 19771 13 V Quinlan, Patrick Approved Variance 15825 75th PL W 1977 64 V Sullivan, George & Cecilia Variance 15730 75th PL W 1980 38 V Jenkins, Malcolm Approved Required Front & Side Yard Setbacks 15615 75th PL W 1981 21 V Lewicki, Peter Approved Required Allowable Improvements 15714 75th PL W 1985 30 V Riggle, Jean Approved Reduce Side Setback 15714 75th PL W 1986 17 V Riggle, Jean Approved Reduce Street Setback 15730 75th PL W 1986 31 V Hofto Homes, Inc. Approved Reduce Side Setbacks 15730 75th PL W 1987 32 V Hofto Homes, Inc. Approved Height & Setbacks 16340 75th PL W 19891 28 V JGogert & Sons, Inc. Approved Setbacks 15706 75th PL W 1989 38 V Jewell, Harrison & Gail Approved Reduce Street Setback 15929 75th PL W 1990 14 V Bonipart, Frank Approved Reduce 2 Street Setback 15631 75th PL W 1990 29 V Spiro, David & Joanne Approved Height 15631 I 75th PL W 1991 5 I V Spiro, David & Joanne Approved Reduce setbacks 15730 75th PL W 1991 15 V lHellseth Approved Height & setback 15620 75th PL W 19931 11 V ISchluter, Ursula Approved Height 15927 75th PL W 19931 85 V JGlazer, Howard B Approved 0' Setback variance 15910 75th PL W 1994 91 V lJohnson, Ronald Approved Reduce side setback 15631 75th PL W 1995 43 V JSpiro, David W/Draw Reasonable use exception 15824 75th PL W 1975 18 V Crawford, Patrick Approved 8' Side Setback 16131 75th PL 1W 1996 13 V Young, Sandra Approved Remodel 15722 75th PL W 1997 27 V Pisco, Walt Approved Reduce side setbacks 15615 75th PL W 1999 119 V Hansen, Scott & Tiffany Approved Variances 15722 75th PL W 2000 42 V 011estad, Burt Approved Reduce side yard setback 15625 75th PL W 2005 162 V Ray, Kyle and Juliann Pending 2nd story addition Attachment 9 -Tr to lirb so 4 dQ 1Ol 4Q 10 4W. c iA A -0 �ow op S 1 Te 1 t (D i ? 1 ;r c .2957 27 MEADOW DALE > 8E_ -�-� ► 158 T H ST S.W. sL � "4 NOT OPEN t t 31 � C� t 32 tip,. S D P 29 30 33 ce ' t 34 r. r e to D -' At Wilt 4 5 March 16, 20OG PLEASE PRINT LEGIBLY BELOW YOUR NAME, ADDRESS AND ZIP CODE IF YOU WISH TO SPEAK ON THIS ITEM OR TO BE NOTIFIED OF FUTURE HEARINGS ON THIS PROJECT. THANK YOU. FILE NO.: V-05-162 RAY fir�l,EVA O L E L N rA 2r d Ic a 20 ►L a c a j� V O a z z V u i i a s 0 0 0 0 0 In V N � M 3 w d 0 0 0 c 0.2 M c$ p•'"v CO h O 3+ � oy � 9C ,c Q w M ao F a 0 10 H vNe ADJACENT PROPERTY OWNERS LIST Attach this notarized declaration to the adjacent property owners list. On my oath, I certify that the names and addresses provided represent all properties located within 300 feet of the subject property. C -- Si natur of Applicant or Ap icant's presentative Subscribed and sworn to before me this day of Uovcm 1 in and&f the State of Washington Residing at'�' s . eoA N y`r oTARY F`n PUB'-'G Z �j. 1-10-2007 C9 OFWAS`r`� APO.doc\L-kTecnpl#bxms Jam and Smudge Free Printing Use Ai eryO TEMPLATE 51600 00500900DOlYM 8/120D5 MEZICH RICK W & MARY L or RESIDENT 7215 156TH ST SW EDMONDS, WA 98020 00500900000102 er1no05 DEGAN THOMAS J & MARIL or RESIDENT 15520 75TH PL W EDMONDS, WA 98026 DD51310D002402 RAY KYLE or RESIDENT 15625 75TH PL W EDMONDS, WA 98026 www.averycom AVER® 51601D 1-800-GO-AVERY ►� OD5133ODDD2503 811/2005 00513300002700 &V2005 SPIRO JOANNE or RESIDENT NELSON NORMAN E & DORI or RESIDENT 16631 75TH PL W 15729 75TH PLACE WEST EDMONDS, WA 98020 EDMONDS, WA 98020 00SOD900000103 811/2005 MILLER KENNETH E or RESIDENT 19911 89TH PL W EDMONDS, WA 98026 811/2005 D0513100002404 &1/2005 HAMMOND CHRIS A & KARY or RESIDENT 15605 75TH PL W EDMONDS, WA 98026 00513100002407 8/1f2W5 SUMMERS CRAIG MD or RESIDENT 7222 156TH ST SW EDMONDS, WA 98026 00513102BW501 8/1/2005 JEWELL HARRISON or RESIDENT 15706 75TH PL W EDMONDS, WA 98026 005133OM2501 3/1 r2005 RUSNAK MICHAEL & BETTY or RESIDENT 15620 72ND AVE W EDMONDS, WA 98026 00513100DO2409 8/1/2005 CHEUNG CALVIN TRUSTEE or RESIDENT 735 N 185TH ST SHORELINE, WA 98133 00513100002408 &1/20D5 DYSON MARVIN or RESIDENT 15610 72ND AVE W EDMONDS, WA 98026 005131028OD502 811/2005 DRESSLER LAURIE JIQUAS or RESIDENT 15714 75TH PL W EDMONDS, WA 98026 0Q513300002502 8/l/2005 CARYL FAMILY LIVING TR or RESIDENT 15701 75TH PL W EDMONDS, WA 98026 0051310OW2410 &112005 CHEUNG CALVIN TRUSTEE or RESIDENT 735 N 185TH ST SHORELINE, WA 98133 0D513100002401 &1/2005 HANSEN SCOTT & TIFFANY or RESIDENT 15615 75TH PL W EDMONDS, WA 98026 00513100002406 8/1/2005 RUSNAK MICHAEL & BETTY or RESIDENT 15620 72ND AVE W EDMONDS, WA 98026 00613102500100 8!1/2005 SCHLUTER URSULA or RESIDENT 15620 75TH PL W EDMONDS, WA 98026 00513102800600 8/1/2005 WAJDA JEFFERY & DEBORA or RESIDENT 15722 75TH PL W EDMONDS, WA 98026 00500900000101 8/ 112005 HILLIARD RONNIE G & SU or RESIDENT 20831 23RD AVE W LYNNWOOD, WA 98036 00513102800300 811 r2005 MARCU CORNELL & VIRGIN or RESIDENT 19511 23RD AVE NW SHORELINE, WA 98177 AH3AV-O"WL 009LS -tuege6 al zeslim 009LS 0"3AV >luortiane•nnnnnn apidej a6ey>9s g ta a6eLnogi�ue uoissaldtui �W' FILE NO.: V-05-162 APPLICANT: Ray NOTICE OF APPLICATION & HEARING AFFIDAVIT OF POSTING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Gina Coccia, first duly sworn, on oath, depose and say: That on the 7th day of February 2006, the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Civic Center and the Library, and where applicable on or near the subject property. I Subscribed and sworn to before me this 1-�L-- day of '114' `' ` ` - Notary Public in and for the State of ashington. i-Mb -_'"IS&O , FXP!?E3 Residing at ... FILE NO.: V-05-162 APPLICANT: Ray NOTICE OF APPLICATION & HEARING AFFIDAVIT OF MAILING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) 1, Diane M. Cunningham, first duly sworn, on oath, depose and say: That on the 7th day of February 2006, the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Sign Subscribed and sworn to before me this ---IV day of # '�; r,vi vh:S;GN LX iRE Notary Public in and for the State of Washington. Residing at "1111111im- STATE OF WASHINGTON, COUNTY OF SNOHONUSH NOTICE DEVELOPMENTAPPLICATION IW Name of Appfican-t:Nyfe ufiann Hay P ct Number: V-05-162 P7t Llumber: 15626 75th Place bleat, Edmonds P peacrtpflon: Variance ap ncatton for a reduction Br: the minimum'elde and street setback requkements fof; the conatlUction of a prpppa aecond ataxy addlbon ark Is zoned Slnple Fert+Ry Reelden6a! tR9-281. City Contact: Glna Coccia Comments Due Byy: March 16, 2000 NEAAING INFpRMATIQN Daife: Match 16. 2006 tone: 3:00 p.m. '. Location: Connell Chambers. PubSie Safety Complex, 250 5th Ave. N. Edmonds Published: February 7, 2006. Account Name: City of Edmonds RECEIVED M 13 2006 EDMONDS WY CLERK Affidavit of Publication S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Notice of Development Application & Notice of Hearing Examiner Hearing Kyle & Juliann Ray a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: February 07, 2006 and that said newspaper was regularly distributed to its subscribers during all of said period. /! (/ Frinctpal Clerk Subscribed and sworn to before me this 7th day of February, 2006 OgBE J •�I 17 •' - S401y' + Notary ubl' in and for the State of Washin n idili �vw�ett. $n County. : U m i PUBW •_� itfl 9•••'•s 19-06 . � cam„_••....... AccounlNumber. 101416 er 72356 «************** -Comm. %two,4AL- ********** ** **** DATE FEB-01-20TIME 15:36 *** P.01 MODE = MEMORY TRANSMISSION START-FEB-01 15:35 END=FEB-01 15:36 FILE NO.= 023 5TN NO. COM ABBR NO. STATION NAME/TEL.NO. PAGES DURATION 001 OK a 94252525613 002/002 00:00'34" 121 rAve, N. Ph.425.771.0220 Edmonds. WA 9W20 FX 425.771=1 i'oC. 1 agv To: Jody Knoblich, The Herald From: Planning Fax: 425 252-5613 Pages: 2 Phone: Date: 02/01/06 Re: Legal Notices CC: ❑ urgent ❑ For Review ❑ Please Comment❑ Please Reply13 Please Recycle a Comments: Please publish the attached legal notice for V-05-162 on February 7, 2006 (Tuesday). Thanks. THIS IS A LEGAL ADVERTISEMENT & SHOULD BE BILLED TO PLANNING DEPART. NOTICE OF DEVELOPMENT APPLICATION & NOTICE OF HEARING EXAMINER HEARING Name of Applicant: Kyle & Juliann Ray Project Number: V-05-162 Project Location: 15625 75th Place West, Edmonds Project Description: Variance application for a reduction in the minimum side and street setback requirements for the construction of a proposed second -story addition and is zoned Single Family Residential (RS-20). City Contact: Gina Coccia Comments Due By: March 16, 2006 HEARING INFORMATION Date: March 16, 2006 Time: 3:00 p.m. Location: Council Chambers, Public Safety Complex, 250 5th Ave. N. Edmonds Please publish on February 7, 2006 ** **** * * -COMM. PL- ******* *** **** DATE FEE-01-20OF�** TIME 15-.55 *** P.01 0 MODE - MEMORY TRANSMISSION START=FEB-01 15:54 END=FEB-01 15:55 FILE NO.= 025 STN NO. COM ABBR NO. STATION NAME/TEL.NO. PAGES DURATION 001 OK CO3> QUICK SIGN 002402 00.00'54" 121 5" Ave. N. Ph. 425171.0220 Edmunds, WA 98020 Fx 425.771.0221 s `,7c. I %9� To: WkSigns t Seattle Commercial Signs From: Edmonds Planning Di+irsion fad+ 206.223.4908 pages: 2 Ptwne:206.223.4907 oat« 2l112006 1tr. Posting for Fk 0 V 2005-182 CC: Reference /: _ V-2005-1B2 Number of Signs: Posting Data: Malloy February 6 . 2006 _- 4bestlon of signs: �_ %25 75" PI�WesUEdmonds-lSee attached Mao) _ Date of Removal: _ _ - Ttwrsda�, Rpn113n2SZOfi. Called Per Utility bastes? (1.800.42"355): ® 6028484 Staff contact and phone number. Gina Coccia. (4251771-MO, ESL 1778 Commoets: Ease place sign at _15625 75* Pk= West. wherever boks Nkeiv Prefer to 9 chid map). The titity Locate will beg2nd2cied y midnig" HdaY. Febnory 3rd. dank you! 121 5°i Ave. N. Ph. 425.771.0220 Edmonds, WA 98020 Fx. 425.771.0221 r4C. 1 $9„ To: QuikSigns 1 Seattle Commercial Signs From: Edmonds Planning Division Fax: 206.223.4908 Pages: 2 Phone: 206,223.4907 Date: 2/1/2006 Re: Posting for File # V 2005-162 CC: Reference #: V-2005-162 Number of Signs: 1 Posting Date: Monday. February e. 2006 Location of signs: 15625 75" Place West, Edmonds (See attached) Date of Removal: Thursday, April 13th, 2006. Called for Utility locates? (1.80042-5555): 0 6028484 Stan contact and phone number: Gina Coccia., (425) 771-0220, Qq. 1778 Comments: Please place sign at 16625 75th Place West, wherever looks likely (reefer to attached map). The Utility Locate will be conducted by midnight on Friday. February3rd. Thank You! ' ' I s P 16518 ea /� 1552E 15515 7215 1S00s 7111 7107 17101 7031 7008 ,.,... 159THSI SwV posj- 7222` 15Ga2 7124 �. _.. 7100 YF . 15801 Bill 8� 8817 15815 7a2s '° h�re 15004 � 71W 711E 15021 BB18 6s15 �.. Sso2 1561E Z - z � 7020 7019 IS031 6s12 sell 1682E 7112 7117 _ 15831 1S715 ism 157a3 15705 �1 15700 1S520 S Y 1570s 15701 15719 IS712 Q ~ 15709 15707 BBOi e60e „ 1S714 ism 15721 157M 1$724 � - 1573E 46725 15729 w � 1572E 15730 Ism 1, Isola 40D ._ .. 7324 Isola 1500E ism 1 . - 150" 75814 . .. 15812 IS921 IS911 15914 Isola 15010 . 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S1H 10449 � ? low@ 16431 7408 7914 a R' 7010 gull f0423 lags 702E Isola seal meadowdA 1051E 18510 1650E Communr fgr.1oz January 24, 2006 CITY OF EDMONDS 121 STH AVENUE NORTH - EDMONDS, WA SW20 - (425) 771-0220 - FAX (425) 771-0221 Website: www.ci,edmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building - Engineering Kyle & Juliann Ray 15625 75'„ Place West Edmonds WA 98026 GARY HAAKENSON MAYOR SUBJECT: COMPLETE APPLICATION AND ASSIGNMENT OF HEARING DATE. Dear Mr. & Mrs. Ray: Your application for a street and side setback variance for the construction of a second -story addition at 15625 75" Place West in the RS-20 zone has been determined to be COMPLETE and has been scheduled for a public hearing at the time and place listed below. Variance for the reduction of the Action: minimum street (west) and side (south) _ setbacks in the RS-20 zone. File Number: V-2005-162 Date ofMeetin.e: March 16.2006 Time of Meeting: 3:00 PM (or as soon thereafter as Dosslble) Council Chambers Place: Public Safety Complex — 250 5'h Avenue North Examiner Please also provide the following additional information to better support your proposal. in order to incorporate this information into the staff report, I would need the following clarifications submitted to me by February Ioh. I . On the elevation views for the proposed addition, it would be helpful to clearly understand which part is existing and which part is proposed. For example, you could draw clouds around the new addition to show the relative impact of the proposal. V:IVarianceslV-2005-162_Ray\CompleteLetter.doc Incorporated August 11, 1890 2. On the site plan, it would be helpful to provide clarification on the setback dimensions (to illustrate the setback to the existing structure, the proposed setbacks, and the minimum setback requirements). 3. On the site plan, it would be helpful to provide the existing area of the residence (in square feet) and the proposed new area to show the relative impact of the proposal. 4. On the site plan, it would be helpful to provide the existing and proposed lot coverage. Included in lot coverage calculations are buildings (the footprint of anything covered by a roof) as well as second story decks (structures greater than 3-feet in height). Please be aware that your presence at the hearing is highly advisable. If an applicant or his representative is not present, the item may be moved to the end of the agenda. Items not reached by the end of the hearing will be continued to the following month's agenda. If you have further questions, please do not hesitate to contact me at 425.771.0220, extension 1778. Thank you for your interest in development in the City of Edmonds — I look forward to working with you on this project. Sincerely, Gina Coccia Project Planner CC: File V-2005-162. V:1VarianceslV-2005-162_Ray\CompleteLetter.doc Inc. 1S9v CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS. WA98020 • (425) 771-02W - FAX (425) 771-0221 Website: wwwdedmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering December 13, 2005 Kyle & Juliann Ray 15625 75t' Place West Edmonds WA 98026 GARY HAAKENSON MAYOR RE: REQUEST FOR ADDITIONAL INFORMATION TO COMPLETE YOUR VARIANCE APPLICATION (FILE NO. V-2005-162). Dear Kyle & Juliann: Thank you for submitting an application on November 8`h, 2005, for a south (side) and west (street) setback variance in order to construct a proposed second -story addition for the property located at 15625 75'h Place West. When you submitted your application at the counter, Senior Planner Steve Bullock, AICP, requested the missing application materials (listed below) and it was understood that you would submit them in order for review to begin. I have reviewed your application and determined that it is considered incomplete until the following materials are submitted: 1. Site Plan: One copy - required when a variance is requested for a building or portion of a building (see enclosed handout for a sample site plan). Please show existing and proposed building footprints along with dimensioned setbacks. 2. Elevation Drawings: One copy - required when a variance is requested for a building or portion of a building. If your elevation plans are larger than 11 x 17, please also provide one reduced copy. 3. Critical Areas Checklist -- I have checked our system and have no record of a Critical Areas Determination for the above -mentioned property (also, please submit the required S135.00 fee made payable to the City of Edmonds). Please respond at your earliest convenience so that your application may be processed in an expedient manner. I am the Planner assigned to your project, so if you have any questions about the City's application review process and/or the schedule for your application, please don't hesitate to contact me at 425.771.0220, extension 1778. Thank you for your interest in land use and development in Edmonds. Sincerely, KVA4v CITY OF EDMONDS Gina Coccia, Planner cc: File V-2005-162 • Incorporated August 11, 1890 • Sister City - Hekinan, Japan APPLICATION ROUTING FORM FILE: V-05-162 AND CHECKLIST FROM: PLANNING ROUTED TO: Engineering 01/09/06 Fire 01/09/06 PW 01/09/06 Parks & Rec. 01/09/06 Building N/A Community Svcs N/A RETURNED Engineering,/6 /- Z0_0& Fire' Public Works Parks & Rec. Building _ 6, �:. Community Svcs Staff Comments: NO .6 ya 11 T ���J 2d� C� _►y tutu L4,06i In)ricmyr%- 4g' R. *Additional Information Required for Complete Application • Owner/Applicant: RAY. KYLE & JULIANN • Property Address: 15625 75th Pl. W. • Date of Application: 11/8/05 • Type; Second story addition • Meeting Required: Yes X No Date of Meeting • Planning Contact: Gina Coccia X Application X Fee X APO List EUC Form 0$-189 Critical Areas Determination X Vicinity Map Rezone Agreement Geotechnical Study Height Calcs, X Elevations Site Plan Site Plan/Floor Plan Legals (Existing & Proposed) Title Report Parking Plan Landscape Plan Traffic Impact Analysis Drainage Plan SEPA Checklist APPLICATION ROUTING FORM FILE: V-05-162 AND CHECKLIST FROM: PLANNING ROUTED TO: RETURNED Engineering 01/09/06 Engineering; Fire 01/09/06 Fire PW 01/09/06 � � Public Works f Parks & Rec. 01/09/06 Parks & Rec. #' Building N/A Building Community Svcs N/A Community Svcs 4 ;,. Staff Comments: c� pr *Additional Information Required for Complete Application • Owner/Applicant: RAY KYLE ,& JULIANN • Property Address: 15625 751h PI. W. • Date of Application: 11/8/05 • Type: Second story addition • Meeting Required: Yes X No Date of Meeting • Planning Contact: Gina Coccia X Application X Fee X APO List EUC Form 05-189 Critical Areas Determination X Vicinity Map Rezone Agreement Geotechnical Study Height Calcs. X Elevations Site Plan Site Plan/Floor Plan Legals (Existing & Proposed) Title Report Parking Plan Landscape Plan Traffic Impact Analysis Drainage Plan SEPA Checklist I APPLICATION ROUTING FORM FILE: V-05-162 I AND CHECKLIST FROM: PLANNING �r ROUTED TO: Engineering 01/09/06 Fire 01/09/06 PW 01/09/06 Parks & Rec. 01/09/06 Building N/A Community Svcs N/A RETURNED 141V 1 -o Engineering ply -,a�6 Fire Public Works �T Parks & Rec. I�1 Building Community Svcs Staff Comments: *Additional Information Required for Complete Applicati • Owner/Applicant: RAY KYLE ,& JULIANN • Property Address: 15625 751h PI. W. • Date of Application: 11/8/05 • Type:_ Second story addition • Meeting Required: Yes X No Date of Meeting • Planning Contact: Gina Coccia X Application X Fee X APO List EUC Form 05-189 Critical Areas Determination X Vicinity Map Rezone Agreement Ceotechnical Study Height Calcs. X Elevations Site Plan Site Plan/Floor Plan Legols (Existing & Proposed) Title Report Parking Plan Landscape Plan Traffic Impact Analysis Drainage Plan SEPA Checklist APPLICATION ROUTING FORM FILE : V-05-162 AND CHECKLIST FROM. PLANNING ROUTED TO: Engineering 01/09/06 Fire 01/09/06 PW 01/09/06 Parks & Rec. 01/09/06 Building N/A Community Svcs N/A Staff Comments: NZAeC RETURNED Engineering Fire I i Lr,� Public Works r ' Parks & Rec. Building Community Svcs r� .« .,Y1-i "/:h_ 1. *Additional Information Required for Complete Application • Owner/Applicant: RAY, KYLE & JULIANN • Property Address: 15625 75" PI. W. • Date of Application: 11/8/05 • Type: Second story addition • Meeting Required: Yes X No Date of Meeting • Planning Contact: Gina Coccia X Application X Fee _APO List EUC Form 05489 Critical Areas Determination X Vicinity Map Rezone Agreement Geotechnical Study Height Calcs. X Elevations Site Plan Site Plan/Floor Plan Legals (Existing & Proposed) Title Report Parking Plan Landscape Plan Traffic Impact Analysis Drainage Plan SEPA Checklist APPLICATION ROUTING FORM FILE : V-05-162 AND CHECKLIST FROM: PLANNING ROUTED TO: Engineering 01/09/06 Fire 01/09/06 PW 01/09/06 Parks & Rec. 01/09/06 Building N/A Community Svcs N/A Staff Comments: RETURNED Engineering Fire Di / 1140(P Public Works Parks & Rec._,aLtj k2 jj0(0 Building Community Svcs *Additional Information Required for Complete Application • Owner/Applicant: RAY, KYLE A JULIANN • Property Address: 15625 75" PI. W. • Date of Application: 11/8/05 • Type: Second story addition • Meeting Required: Yes X No Date of Meeting • Planning Contact: Gina Coccia X Application X Fee __APO list EUC Form Q-21-Critical Areas Aetermination X Vicinity Map Rezone Agreement 6eotechnical Study Height Calcs, X Elevations Site Plan Site Plan/Floor Plan t.egals (Existing do Proposed) Title Report Parking Plan Landscape Plan Traffic Impact Analysis Drainage Plan SEPA Checklist me 1Sgv CITY OF EDMONDS 121 5TN AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - FAX (425) 771-0221 Website: www.d.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building - Engineering December 13, 2005 Kyle & Juliann Ray 15625 75 h Place West Edmonds WA 98026 GARY HAAKENSON MAYOR RE: REQUEST FOR ADDITIONAL INFORMATION TO COMPLETE YOUR VARIANCE APPLICATION (FILE NO. V-2005-162). Dear Kyle & Juliann: Thank you for submitting an application on November 81h, 2005, for a south (side) and west (street) setback variance in order to construct a proposed second -story addition for the property located at 15625 75th Place West. When you submitted your application at the counter, Senior Planner Steve Bullock, AICP, requested the missing application materials (listed below) and it was understood that you would submit them in order for review to begin. I have reviewed your application and determined that it is considered incomplete until the following materials are submitted: 1. Site Plan: One copy - required when a variance is requested for a building or portion of a building (see enclosed handout for a sample site plan). Please show existing and proposed building footprints along with dimensioned setbacks. 2. Elevation Drawings: One copy - required when a variance is requested for a building or portion of a building. If your elevation plans are larger than 11 x 17, please also provide one reduced copy. 3. Critical Areas Checklist — I have checked our system and have no record of a Critical Areas Determination for the above -mentioned property (also, please submit the required $135.00 fee made payable to the City of Edmonds). Please respond at your earliest convenience so that your application may be processed in an expedient manner. I am the Planner assigned to your project, so if you have any questions about the City's application review process and/or the schedule for your application, please don't hesitate to contact me at 425.771,0220, extension 1778. Thank you for your interest in land use and development in Edmonds. Sincerely, CITY OF EDMONDS Gina Coccia, Planner cc: File V-2005-162 Incorporated August 11, 1890 Sister City - Hekinan, Japan city of edmonds RECEIVED land use application Nov -8 2005 PERMIT COUNTER ❑ ARCHITECTURAL DESIGN REVIEW FOR OFFICIAL USE ONLY ❑ COMPREHENSIVE PLAN AMENDMENT `r n O CONDITIONAL USE PERMIT t 1 FILE # V-05 - Kp i ZONE -0 ❑ HOME OCCUPATION 11 `J -5 DATE 7 O U- REC'D BY A, 12 t 00f— O FORMAL SUBDIVISION 115 C7 0 SHORT SUBDIVISION 1 S FEE RECEIPT # 27� 3r ❑ LOT LINE ADJUSTMENT HEARING DATE El PLANNED RESIDENTIAL DEVEI✓OPMENT �/ ❑ OFFICIAL STREET MAP AMENDMENT (AHE ❑ STAFF ❑ PB ❑ ADB 0 CC 0 STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT J9 VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: PROPERTY ADDRESS OR LOCATION PROJECT NAME (IF APPLICABLE) � ,Q I /r 7 -7 �7 /� �- �/ PROPERTY OWNER F-� L �-atry.`{it l�! u I''1(1II � }�l � PHONE # "{ CAS - I � L 4QJ Q ADDRESS I S7o Za 7�` [ • W n- MPM 0--5, 1/I4 �1 9VZ CO E-MAIL ADDRESS 66I'1 OOD5^Gl!/!�(�,6 CUO hQi9 COM FAX # �/ TAX ACCOUNT # �'I ,DIl/(!P� Or) SEC. � - _ TWP. �11 RNG. DESCRIPTION OF PROJECT OR PROPOSED USE S�t-I� Ill I� S-OIt t' a ! on PX i S� ✓7�1 r APPLICANT.6AI.P ORd yutlG(Y)i) ILLC,IA PHONE # 48S- 2q2 ADDRESS . -i SlO ZS -75414- 121, -�- L ORS (�S , _ loI A �% E-MAILADDRESS edaWK&W(I�S��ahDa0-OMoa0-0M FAX# CONTACT PERSON/AGENT PHONE # ADDRESS E-MAIL ADDRESS FAX # 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 information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this application ehalf of the owner aslisted below, SIGNATURE OF APPLICANT/AGENT DATE ��"- t211- 2Q 73 Property Owner's Authorization By my signature, I certify that 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 staffof the City of Edmonds to enter the subject property for the purposes of inspection and attendant to this application. SIGNATURE OF OWNER - DATE �b , Oro This application form was revise �1- o verify whether it is still current, call (425) 771-0220. L:\LIBRARYPLANNING\Fomn & Handmts\Public HandoutsV.and Use Applicarion.doc CITY OF EDMONDS 27933 DEVELOPMENT SERVICES fr DATE:; Receivedof: J LkLA cL" Y1 Address: Phone: 4os 9 Project Name/Location: 1 950 ?15 --T5TH P 1• w Check No. ash Total Received $ a Water Meter Size: Water Connection Fee Sewer Permit/Re air Sewer Connection/LID Fee Storm System Develo ment Charge Disruption Fee (Street / Sidewalk / Parking / Alley) Circle One Engineering Review Fees Engineering Inspection Fees Engineering Plans/Specs ROW / Street Use / Encroachment Permit Street Cut/Restoration Fee Traffic Impact Fee Fire Inspection Fee Fire Plan Check Fee Building Permit Fee - Type: Plan Check Fee Reimbursable Consulting Fees Critic s � b SEPA Review Fee Shoreline Permit Fee Zoning Application Fee - Type: ADB Administration Fee Sign Installation - Maps/Books Photocopies Recording Fee Cit Surchar e State Surcharge 622 Fund Received by: 0dm/ An _ Permit No. RECF0V Date: November 8, 2005 NOV - 8 665 To: The City of Edmonds PERMIT COUNTED From: Kyle and Juliann Ray Re: Plan Check # 05-177 Project: Ray Addition Project Address: 15625 75te Pl. W Enclosed please find a request for a variance for the west and south setbacks on our proposed addition/remodel, the required declarations regarding this request, the adjacent property owners list, photos of all sides of the existing structure in relation to the,groperty lines, a topographical survey, the footprint of our proposed addition, and a check for � 01 o If any additional information or plans are needed please let us know, we would be happy to provide them. Sincerely, �Y"le aJuliann Ray M �ks' RECEIVE!` APPLICATION FOR VARIANCE NOV — 8 2005 Residential property: Kyle and Juliann Ray (owners) 15625 75 h Place West PERMIT COUNTER Edmonds, WA 98026 We are applying for setback variances for the South and West sides of our property. South and West setback variance application: Responses to the six special criteria statements. Special Circumstances A. West Side Setback - Our lot is an approximately 9,840 square foot lot and is ahnost'/2 the lot size typically required for a RS-20 zoned lot. When applying typical RS-20 setback requirements to a 9,840 square foot lot our buildable area is substantially impacted. In addition, one-third of that 9,840 square feet is an unbuildable steep slope on the eastern side of the lot which pushes the developable space toward the west side of the lot, further reducing our buildable space down to approximately 6,560 square feet. Our existing house is built on the forward portion of the lot because of the steep slope. The closest portion of the existing structure to the street is IS. I feet from the west side (street side) of the lot and we are remodeling within the existing structures foot print. We would like to add a bay window on our existing kitchen that would extend 2 % feet onto the current deck. Above the existing deck/kitchen we would like to add a small deck on the upper floor addition that would extend approximately six feet. Hence, this deck addition/bay window would not alter our IS.1 current Westside setback because that portion of the existing structure is further from the street. With the upper floor deck addition we are asking for a 22.1 foot West side setback, this is located on the part of the existing structure that is approximately 10 feet further from the street side. Since our buildable space is approximately 6,500 square feet our lot is closer to the size of a RS-6 zoned lot, which requires a 20 foot setback putting us in that range. Furthermore, the public right of way line is currently 40 feet wide. However, the city states they may, at some point in the future, increase the ROW to 60 feet. This requires that we measure our West Side Setback by the edge of the f ftm ROW line and not the current ROW line. The future ROW line encroaches ten more feet in front further reducing our buildable space an additional ten feet. B. South Side Setback - We are asking for a variance on a five foot side yard setback. Our existing structure was built in 1956 with an addition added sometime in the early 70's. Due to previous platting errors resulting in lot line adjustments as well as a previous variance granted to the property immediately south, our existing structure is five feet from the property line. The proposed second story addition would be directly on top of the existing structure's footprint. As mentioned above, this setback would be in accordance with a lot zoned RS-6 which our lot more closely resembles. 2. Special Privilege Granting the above variance will not call for special privilege. Approximately 75% of the lots on our street do not meet the 20,000 square foot zoning requirement and several, including our immediate neighbors to the north and south, have been granted different variances for new construction or additions. 3. Comprehensive Plan We have a complete, professionally designed and engineered plan for our proposed remodel. This proposed plan will add considerable value to our property as well as benefit the city of Edmonds. 4. Zoning Ordinance The city zoning ordinance calls for residential development in our district. Our proposed remodel will greatly improve our existing residential structure. Due to the fact that our lot was originally developed way before the current zoning regulations, and before it was annexed into the city of Edmonds, we are asking for a variance for the setbacks in order to comply with the new zoning for the area. 5. Not Detrimental Considering that we will be remodeling within the current footprint of the existing structure, save for the six foot upper deck and kitchen bay window, we see the remodel as only benefiting our neighborhood and will not be detrimental to the health, safety and welfare of the public or property within the vicinity and same zone. Furthermore, no views would be blocked and the addition will not reduce the privacy of our neighbors. 6. Minimum Variance Due to our lot size, location and buildable space we believe we are not asking for extenuating circumstances in granting the setback variance. By reviewing the proposed footprint for our planned addition we are asking to add a small upper level deck and kitchen bay window that will not extend the lower current deck which was built when there were no lot size and setback requirements. Because of this, our property, as well as many other properties in our neighborhood are not 20,000 square feet. Many variances have been granted to our neighbors, including our neighbors to the immediate north and south, to accommodate the smaller lot size. These granted variances have greatly improved the property values of many homes in our Edmonds neighborhood. In summary, we are requesting the following setback variances: 1. A variance for a 22.1 foot setback on the street side of our property for a deck addition on the second story remodel. 2. A variance for a five foot side yard setback on the south side of our property for a second story addition within the existing structure's footprint. Please find included with this written submittal: A. Photos of all sides of the existing structure in relation to the property lines. B. The revised plans for our proposed addition � y\`9 a \ x, � �; #P20 City oiEdmonds Development Servic Planning Division Phone: 425.771.0220 DEC 2 3 2005 Fax: 425.771.0221 The Critical Areas Checklist contained on this form is to be filled out by any pin preparing a Development Permit Application for the City of Edmonds prior to his/her submittal of the application to the City. The purpose of the Checklist is to enable City staff to determine whether any potential Critical Areas are, or maybe, present on the subject property. The information needed to complete the Checklist should be easily available from observations of the site or data available at City Hall (Critical areas inventories, maps, or soil `surveys). Date Received: 1-2-1 201 [ 2,00 City Receipt #: Z 3 Critical Areas File #:_ �r9.7.o0 5.01 $'q Critical Areas Checklist Fee: _ $135.00 Date Mailed to Applicant: A property owner, or his/her authorized representative, must fill out the checklist, sign and date it, and submit it to the City. The City will review the checklist, make a precursory site visit, and make a determination of the subsequent steps necessary to complete a development permit application. Please submit a vicinity map, along with the signed copy of this form to assist City staff in fording and locating the specific piece of property described on this form. In addition, the applicant shall include other pertinent information (e.g. site plan, topography map, etc.) or studies in conjunction with this Checklist to assistant staff in completing their preliminary assessment of the site. 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 information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this application on the behalf of the owner as listed below. SIGNATURE of APPLICANT/AGENT DATE Property Owner's Authorization By my signature, I certify that 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 tjd&Applicatiom Owner/Applicant- -U. Li- Q Name Street Address City State Zip Telephone: ZS" _ 2DO DATE l� 22 Applicant Representative: Name Street Address City State Zip Telephone: Email address (optional): Email Address (optional): #P20 CAFileNo•. 05 — I ! Critical Areas Checklist Site Information (soils/topography/hydrology/vegetation) 1. Site Address/Location Co a2 - 7 5' f l CAJ 2. Property Tax Account Number. Qn!5 j-,,1>1_ L?0_D_ Q 2--+b_ Z 3. Approximate Site Size (acres or square feet): 4. , Is this site currently developed?,?"* yes; no. If yes; how is site developed? __i v i (e- '�w• ; �, y'e T tQ _ 5. Describe the general site topography. Check all that apply. Flat: less than 5-feet elevation change over entire site. l Rolling. slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal distance of fib -feet). Hilly: slopes present on site of more than 15% and less than 30% (a vertical rise of 10-feet over. a horizontal distance of 33 to 66-feet). Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal distance of less than 33-feet). Other (please describe): 6. Site contains areas of year-round standing water. �N ; Approx. Depth: 7. Site contains areas of seasonal standing water: IV O ; Approx. Depth: What season(s) of the year? 8. Site is in the floodwayC? floodplain % o of a water course. 9. Site con a creek or an area where water flows across the grounds surface? Flows_ are year-round? Flows are seasonal? (What time of year? ). 10. Site is primarily: forested ; meadow �� shrubs mined urban landscaped (lawn, shrubs etc) 11. Obvious wetland is present on site: For City Staff Use Only .-- P. 5 b r' 1 fUMAteek Number, if applicable? V '" 7r D 0'9j' —1 CO 1 . 2. Site is Zoned?5 3. SCS mapped soil M*s)? 3 " � de►vWoad -� -_, r v � 5 a-nd-j..�am t 5 - �-s `J � • N�Ad6IUW0QQI - t oo6mao 7-5 -:�I• SW 5 �= 4. Critical Areas inventory or C.A. map indicates Critical Area on site? & i�vo yi rn� tta Za,►•at ayr"6, (6a ipt h i dt, of pro PziLtj -)- 5. Site within designated earth subsidence landslide hazard area? y DETERMINATION X STUDY REQUERED WAIVER Reviewed bv: r 0141 1 ov GoC c i a..o v Date:—L3. J b 0/ q U 5 _,_- .. - %10� CITY OF EDMONDS �Ww CRITICAL AREAS RECONNAISSANCE REPORT Site Location: 15625 75"' Place West Tax Acct. Number: 00613100002402 Determination: Study Required Determination #: CA-2005-0189 Applicant: Kyle & Juliann Ray Owner: Kyle & Juliann Ray CRITICAL AREAS RECONNAISSANCE REPORT: STUDY REQUIRED (CA-2005-0189) During review and inspection of the subject site on December 30, 2005, it was found that the site may contain or be adjacent to critical areas, including Erosion Hazard and Landslide Hazard Areas pursuant to Chapter 23.40 of the Edmonds Community Development Code (ECDC). The site is within the designated Earth Subsidence Landslide Hazard Area, however the steep slope appears to be generally on the eastern portion of the site — the rest of the site is flat/rolling (see attached map). GENERAL CRITICAL AREAS REPORT REQUIREMENTS Critical Areas Reports identify, classify and delineate any areas on or adjacent to the subject property that may qualify as critical areas. They also assess these areas and identify any potential impacts resulting from your speck development proposal. If a specific development proposal results in an alteration to a critical area the critical areas report will also contain a mitigation plan. You have the option of completing the portion of the study that classifies and delineates the critical areas and waiting until you have a specific development proposal to complete the study. You may also choose submit the entire study with your specific development application. • Please review the minimum report requirements for all types of Critical Areas which are listed in ECDC 23.40.090.D. There are additional report requirements for different types of critical areas (see below). • Note that it is important for the report to be prepared by a qualified professional as defined in the ordinance. There are options on how to complete a critical areas study and an approved list of consultants that you may choose from. You may contact the Planning Division for more information. • General Mitigation Requirements for all Critical Areas are discussed in ECDC 23.40.110 through 23.40.140. STUDY REQUIREMENT — EROSION HAZARD AREA It appears that this property contains or is adjacent to an Erosion Hazard Area. • Erosion Hazard areas include Alderwood and Everett series soils on slopes of 15 percent or greater. among others. • Landslide Hazard Areas are further defined in ECDC 23.80.020.A. • In addition to the general requirements for Critical Areas reports referenced above, specific Critical Area report requirements for Erosion Hazard Areas (which are one of the Geologically Hazardous Areas) are provided in ECDC 23.80.050. • Note that Stable Erosion Hazard Areas may have limited report requirements at the director's discretion. At a minimum an erosion and sediment control plan prepared in compliance with the requirements in ECDC Chapter 18.30 shall be required. DEVELOPMENT PROPOSALS ASSOCIATED WITH EROSION HAZARD AREAS Development is restricted within an Erosion Hazard Area. • Projects that will intrude into these areas will require a report by a licensed Geotechnical Engineer or other qualified professional. • Development standards are -given in ECDC 23.80.060 and 23.80.070. STUDY REQUIREMENT— LANDSLIDE HAZARD AREA It appears that this property contains or is adjacent to a Landslide Hazard Area. • A Landslide Hazard Area is any area with a slope of forty percent (40%) or steeper and with a vertical relief of ten (10) or more feet (except areas composed of consolidated bedrock). • Landslide Hazard Areas are further defined and illustrated in ECDC 23.80.020.B. • In addition to the general requirements for Critical Areas reports referenced above, specific Critical Area report requirements for Landslide Hazard Areas are provided in ECDC 23.80.050. DEVELOPMENT PROPOSALS ASSOCIATED WITH LANDSLIDE HAZARD AREAS Development is restricted within a Landslide Hazard Area and its buffer. • Projects that will intrude into these areas will require a report by a licensed Geotechnical Engineer. • The criteria that are applied depend on the amount that the buffer is reduced. • The buffer can be reduced to a minimum of ten (10) feet (with an additional 15' building setback per ECDC 23.40.280) if a report is prepared that meets the standards listed in ECDC 23.80.050). The alteration must also meet the requirements listed ECDC 23.80.060. • In addition, proposals to reduce the buffer to less than ten (10) feet must comply with the design standards listed in ECDC 23.80.070.A.3. ALLOWED ACTIVITIES Certain activities are allowed in or near critical area buffers as specified in ECDC 23.40.20, If you have any questions about whether your proposed development qualifies as an allowed activity, please contact a Planner for more information. EXEMPT DEVELOPMENT PROPOSALS Certain development proposals may be exempt from Critical Areas Requirements (ECDC 23.40.230). If you think that a specific development proposal may be exempt, contact a Planner for more information. Gina Coccia, Planner December 30, 2005 _ Name, Title V Signature Date NOTE: Cited sections of the Edmonds Community Development Code (ECDC) can be found on the City of Edmonds website at www.ci.edmonds.wa.us. N 6!