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Staff Report with attachments APL20110004.pdfI /I C 18 9'1-, 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 o Fax: 425.771.0221 m Web: www.ci,cdnionds.wa.u, DEVELOPMENT SERVICES DEPARTMENT REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Classico Homes — Appeal of Building Official determination File Number: APL2011-0004 Date of Report: August 30, 2011 From: Leonard Yarberty, Building Official Public hearing: September 8, 2011 at 3:00 P.M. Edmonds Public Safety Complex: Council Chambers 250 5`" Avenue North, Edmonds WA 98020 Classico Homes, represented by JBA consultants, has appealed a Type II administrative decision by the City Building Official related to the determination of undisturbed soil (grade) on property owned by Classico Homes. The Building Official determination was made in accordance with the provisions of ECDC 21.105.010 as it applies to sites that may have been altered prior to application for a building permit. 1. Appellant: Classico Homes 2. Site Location: 520 7"' Ave, Edmonds WA APN.• 27032500203400 [Site Map Attachment -1 ] 3. Zoning: RS -6 4. Staff Request: That the City's Building Official determination of the elevation of the 'undisturbed. soil' on the site pursuant to ECDC 21.105.010 be affirmed and used to establish the grade. [final determination Attachment 2] 5. Review Process: The Hearing Examiner conducts an open record appeal hearing on the appellant's request as specified in Chapters 20.06 and 20.07 ECDC. The Hearing Examiner's decision is final and is subject to judicial appeal within 21 days of the issuance of the decision pursuant to ECDC 20.07.006. 6. Notice: Notice of the appeal was posted at the Edmonds Public Library and Public Safety Building on August 25, 2011. Classico Homes Building Official Appeal File No. APL2011-0004 Page 2 of 4 III. BACKGROUND In October of 2004, Classico Homes applied for a 2 lot subdivision for the property located at 5207 1h Ave. The decision approving the subdivision was issued on March 10, 2005 [copy attached Attachment 3]. At the time of the subdivision the property contain a single home that according to the real estate listing was built in 1948 [Attachment 4]. The aerial photo labeled attachment 5 shows the location of the pre-existing home as situated prior to demolition. Subsequent to the short plat approval the single family residential structure was removed from the property and improvements for the newly created lots were installed. On March 1St of 2011 Mr. Schmaus of Classico Homes submitted a plan of the property prepared by Emerald Land Surveying and dated 1/27/2011 [Attachment 6] . His request was to obtain approval of the elevation points shown on the site plan for use in the design and construction of a new home on Lot 1. The request was made in accordance with the provisions of ECDC 21.105.010 [copy attached as Attachment 7]. The code provision consists of a definition of `undisturbed soil'. The defined term is used by ECDC 21.40.030 in the definition of height [copy attached as Attachment 8]. The significance of undisturbed soil is in the establishment of average level (of elevation) to be used for the determination of building height. This definition is not use in any other sections of the code. The Building Official provided his determination on March 4th 2011 [Attachment 9]), that suggested the plan provided on 3/1/2011 did not adequately reflect the site conditions and that an earlier plan by Higa-Burkholder [Attachment 10], submitted as part of the subdivision process, more accurately displayed the conditions. The suggestion was that the elevations shown on the Higa-Burkholder plan should be used for height determination. In early April of 2011 Mr. Schmaus and Mr. Bissell visited the Building Official to discuss the determination. The suggestion was made by the applicant(s) that the `undisturbed soil' should be the condition of the site prior to the construction of the home in 1948 and that the grade points used for height determination should be based upon the configuration of the site at that time. The plan by Emerald Land Surveying was presented as reflecting the proposed reconstructed pre- existing site condition. A letter [Attachment 11] was sent to Mr. Schmaus on April 14, 2011 that disputed the idea of using the 1948 site condition to determine `undisturbed soil' elevation and again suggested that the Higa-Burkholder plan should be employed. In early June of 2011 Mr. Bissell submitted a revised site reconstruction plan [Attachment 12], which had been prepared by Michael Ryan of hba design group. Included was a brief evaluation by Mr. Ryan and a letter from Mr. Bissell [Attachment 13]. The Building Official reviewed these documents and conferred with Mr. Rob Chave, Planning Manager and Mr. Stephen Clifton, Acting Development Services Director. A final decision and summation was issued on June 29, 2011 [Attachment 2]. In this decision staff reaffirmed the disagreement with use of the topography assumed to have existed in 1948 as a base for grade determination. In the June 291h letter staff proposed using the elevation points shown on the plan submitted as Attachment A of the Short Plat decision [Attachment 14]. The fact that this plan has specific elevation points noted suggests that the issue had been considered with the Short Plat. Using these points therefore provides some continuity with that earlier decision. Classico Homes Building Official Appeal File No. APL2011-0004 Page 3 of 4 IV. DISCUSSION The term "undisturbed soil" is only used in ECDC 21.40.030 for defining height and in ECDC 20.60.020 for determining height of signs. A word search of the ECDC finds no other references. The only purpose for the definition is for use in height determination. The definition of the term acknowledges that a site may be altered prior to application for a building permit, either by permitted activities or unpermitted work. Such site modifications could have an impact upon how to determine the height of a later constructed building and the code language works to clarify how this should be addressed. A site can be intentionally re -graded in such a fashion that would accommodate a taller building, by manipulating the contours, which would circumvent the code specified height limitations. The code language clearly attempts to address the impact of this type of activity and it could be argued that the prime intent of the code provision is to control this very activity. Some site work may also occur as a part of permitted development activity, such as the construction of improvements as a part of a subdivision process. This latter condition would seem to be applicable to the property at 520 7th , where the site was modified as a part of the short plat. This work caused some minor alteration of the original grade. In such a situation the builder of a future home should not be penalized and forced to build a home shorter than what would have been permitted prior to the required site development work. The code language works to provide this protection for the owner/builder. The crux issue for this appeal is the point in time that reflects the undisturbed soil condition, as defined by ECDC 21.105.010 and what work is considered to have altered that condition. The City position is that the modifying work is that which occurred within the recent past as a part of the subdivision development process. These modifications of grade were needed to complete the installation of the utilities, access and other improvements as a part of the short plat. The `undisturbed soil', or pre-existing grade conditions are those that existing prior to that work. The appellant wishes to reconstruct the site contours prior to any development having occurred in the area. In this case the `undisturbed soil' condition is suggested to be that in existence prior to the construction of the home in 1948. Any attempt to reconstruct the condition of the particular hillside as it may have existed in the 1940's would be difficult if not impossible. Such an effort would require review of the complete records of all construction work in the vicinity over a period of time and not just that needed to construct the single family residence. The appellant's engineer, Mr. Ryan, provided one suggested variant of what this part of the hill may have looked like. However, the assumptions used are not supported by evidence from a detailed geotechnical investigation, or other historical records that could be used to validate the assumed reconstructed condition. Many potential variations of what the site may have looked like prior to the 1948 construction could be presented, and without exhaustively expensive and detailed work, none could be confirmed. V. CONCLUSIONS & RECOMMENDATION Based upon the evidence provided and analysis given, staff recommends DENIAL of the appeal and that the Building Official's determination be AFFIRMED. VI. PARTIES OF RECORD 1. Mr. Joseph Schmaus, Classico Homes 8552 202nd St SW Edmonds, WA 98020 2. Mr. John Bissell, JBA Consultants 8630 217th St. SW Edmonds, WA 98026 Classico Homes Building Official Appeal File No. APL2011-0004 Page 4 of 4 VII. " ATTACHMENTS 1. Vicinity Map 2. Final determination by Building Official 3. Short Plat decision for S-2004-113 4. Real Estate listing of property 5. Aerial photo of site prior to demolition 6. Emerald Land Surveying plan 1/27/2011 7. ECDC 21.105.010 text 8. ECDC 21.40.030 text 9. Building Official letter dated 3/4/2011 10. Higa-Burkholder plan 11/24/2004 11. Building Official letter dated 4/14/2011 12. Michael Ryan plan dated 6/6/2011 13. Letter from Mr. Bissell dated 6/1/2011 14. Attachment A of Short Plat S-2004-113 decision 15. Photos of site taken August 2011 Edmonds_; GtowfEdmonds City of Edmonds 1 inch = 83 feet i City of Lynnwood C�. 121 5th Ave N City of Mountlake Terrace �Edmonds, WA City of Wo odway / 98020 ATTACHMENT 1 File No. APL20110004 This document is forget)eral information purposes only and is provided on an as is and 'as available' basis. The data used comes from a varietyof public sources and no i warranty of any kind is given asto its accuracy. Users of this document agree to indemnifyand save harmlessthe City of Edmonds, its officials, officers, 1:30:21 PM �. employees and/or agents from and against any claim, demand or action, arising 0 of any use or possession of this document. A\imapserver\GIS\MapPyroducts\MapBook\Edmonds_Mal)bool<.rnx Inc, 1S91) June 29, 2011 121 5th AVENUE NORTH • EDMONDS, WA 98020 - (425) 771-0220 o FAX (425) 771-0221 Website: www dedmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Mr. John Bissell 8630 217th St. SW Edmonds, WA 98026 SUBJECT: 5207 1h Ave. —Undisturbed soil interpretation Dear Mr. Bissell: MIKE COOPER MAYOR Thank you for your efforts in working to have the revised topographic plans produced. The new sheet does provide more detail than what was originally submitted. As I promised in our earlier discussions, I did take the opportunity to review the complete file and the proposal with the Planning Manager and the Director. I believe it is accurate to say that we all agree that the language presented in ECDC 21.105.010, defining undisturbed soil, creates some challenges. We carefully reviewed your interpretations of the provisions and considered these in developing a position that is felt best reflects the intent of the code language, as viewed through the overall zoning code provisions. In your letter (dated June 1, 2011 and received June 15, 2011) you point to two reasons for disagreement with my interpretation of the code provision outlined in my April 14, 2011 letter. The first is that you believe that the City has consistently `read' this provision to allow a broader time line to be applied for determining undisturbed soil (grade). I have been unable to locate any previous policy statements or interpretations related to this topic. You did reference having knowledge of many instances, but did not provide any project references for verification. Without some clear policy decision for direction any antidotal references are difficult to support and may have no validity to the circumstances at hand. It is best to judge the proposal upon its merits and make a site specific determination. The second, and primary, reason given was that you believe the interpretation of the code needs to be broadly literal and that my interpretation is restrictive. It is here, with the intent of the language, that we can, and should, reasonable focus our discussion. The definition in ECDC 21.105.010 begins by saying that: Undisturbed soil means the condition of the site at the time a building permit application is made to the city, before any site work occurs. . 21M • 1 111, Incorporated August 11, 1890 Sister City - Hekinan, Japan CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION FINDINGS, CONCLUSIONS, AND DECISION To: File S-2004-113 From: I — --� C? ,� Star Campbell, Panner Date: March 10, 2005 File: S-2004-113 Applicant: Classico Homes, Inc. ATTACHMENT 3 File No. APL20110004 TABLE OF CONTENTS Section Page I. INTRODUCTION...............................................................................................................2 A. Application...............................................................................................................................................2 B. Decision................................................................................................................................................... 2 II. FINDINGS OF FACT AND CONCLUSIONS................................................................... 3 A. Introduction.............................................................................................................................................. 2 B. Compliance with the Subdivision Ordinance........................................................................................... 3 C. Compliance with the Comprehensive Plan...............................................................................................6 D. Compliance with the Zoning Code........................................................................................................... 9 E. Compliance with the Flood Plain Management Provisions.................................................................... 11 F. Environmental Assessment: ................................................................................................................... I I G. Critical Areas Review: ........................................................................................................................... I I H. Comments: ................................... ......................................................................................................... I I III. RECONSIDERATIONS AND APPEALS........................................................................13 A. Request for Reconsideration..................................................................................................................13 B. Appeals...............................:..................................................................................................................13 C. Time Limits for Reconsideration and Appeals.......................................................................................13 IV. LAPSE OF APPROVAL...................................................................................................13 V. NOTICE TO COUNTY ASSESSOR................................................................................13 VI. APPENDICES...................................................................................................................13 VII. PARTIES OF RECORD....................................................................................................14 ATTACHMENT 3 File No. APL20110004 File No. 5-2004-113 Page 2 of 14 The applicant is proposing to subdivide what is currently one lot at 520 7a' Avenue South. See the Zoning and Vicinity Map (Attachment 1). This lot is in a single-family (RS -6) zone that allows lots with a minimum area of 6,000 square feet. The proposed lot layout is shown on the subdivision map (Attachment 2). The application includes a modification request to reduce the required 15' rear setback for proposed Lot 1 to 5'. A. Application 1. Applicant: Classico Homes Inc. 2. Site Location: 520 7`h Ave. S. (see Attachment 1). 3. Request: To divide a lot with an area of 14,400 square feet into 2 lots in a Single -Family Residential RS -6 zone (see Attachment 2). 4. Review Process: Following the Comment Period, Planning Staff makes an administrative decision. . 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030, site development standards for the RS -6 zone. b. Compliance with Edmonds Community Development Code (ECDC) Title 18, public works requirements. c. Compliance with Edmonds Community Development Code (ECDC) Section 20.15B, Critical Areas. d. Compliance with Edmonds Community Development Code (ECDC) Section 20.75, subdivision requirements. e. Compliance with Edmonds Community Development Code (ECDC) Section 20.95, staff review requirements. B. Decision on Subdivision Based upon the Findings of Fact and Conclusions, and Attachments submitted with the application and during the comment period, the following is the decision of the City of Edmonds Planning Division: The Subdivision should be APPROVED with the following conditions: 1. Prior to recording the applicant must complete the following requirements: a) Civil plans must be approved prior to recording. In completing the civil plans you must address the following: (1) Complete the Engineering Division conditions listed "Required prior to Recording" on Attachment 3. b) Submit copies of the recording documents to the City for approval. These documents shall have the following revisions made / information included: (1) Revise the "total site area" in the "site information" so that it gives accurate lot area. (2) Remove references to setbacks or add a note that setbacks are not vested by the subdivision but will be based on the current development standards. (3) Add to the face of the Plat "Conditions of approval must be met and can be found in the final approval for the short subdivision located in File S-2004- 113." (4) Include on the plat all required information, including owner's certification, hold harmless agreement, and staff s approval block. File No. S-2004-113 Page 3 of 14 (Applicants are now responsible for recording their own documents once they have been approved.) 2. After recording the plat, the applicant must complete the following: a) Provide the City Planning Division with two copies of the recorded plat, with the recording number written on them. b) Complete the Engineering Division conditions listed "Required with Building Permit" on Attachment 3. 3. The design of the house on proposed lot one shall be consistent with the plans that have been submitted with the subdivision application. As reflected by these plans, the house's main access shall be from the primary access easement along the south boundary of the lot. The northern driveway proposed shall serve as a secondary access as reflected by the plans for the house on lot one. 4. The location of the house footprints in relation to their distance from the north property lines of each of the lots shall remain similar to those proposed on the map that shows the house footprints submitted by the applicant. The building footprint of the house on Lot 2 shall be limited to those portions of the lot south of the 170' elevation line. The building footprint of the house on Lot 1 shall maintain a distance of 20' from the north property line. 5. Grading should not be used to create yards on the northern portions of each lot. 6. Rockeries and retaining walls that are not connected with the foundation walls of the houses, should not be higher than 3' and multi -leveled retaining walls should be spaced a minimum of 3' apart. C. Decision on Modification Request: Based upon the Findings of Fact and Conclusions, and Attachments submitted with the application and during the comment period, the following is the decision of the City of Edmonds Planning Division: The Modification Request to reduce the 15' rear setback to 5' for proposed Lot 1 should be APPROVED with the following condition: 1. The extent of the house footprint that is located 5' from the rear property line on Lot I is limited to what is shown by the plans for the house on lot one. A. Compliance with the Subdivision Ordinance 1. Introduction a. Setting: The subject property at 520 7"' Ave. S. is in the Single -Family Residential (RS -6) zone (Attachment 1) and is surrounded by properties zoned RS -6 and developed with single-family residences. The property is 120' wide and 120' deep and is bordered on the east by 7`f' Ave. S. It is currently underdeveloped with one single family residence. The outline of this house and its driveway is shown on the subdivision map (Attachment 2). M U File No. S-2004-113 Page 4 of 14 Topogranhy: As shown by the topography lines on the subdivision map (Attachment 2), the southern portion of the lot is fairly flat while the northern portion of the lot slopes steeply down to the north with the exeception of a small flat area. Adjacent 7t' Ave. S. slopes up steeply toward the south and crests at the top of a hill near the southern border of the property. C. Lot Lgyouout: The proposed lot layout is shown on the subdivision map (Attachment 2). The lots are oriented north to south lengthwise. The lot to the east (Lot 1) fronts on 7t' Ave. S. The other lot (Lot 2) is to the west of Lot 1 and has no street frontage. The primary access proposed for both lots is a shared 15' easement along the south side of Lot 1. Lot and Street Layout a. The subdivision ordinance contains criteria related to lot and street layout. These criteria require staff to find that the proposed subdivision is consistent with the dimensional requirements of the zoning ordinance including lot area and width and that the lots will each contain usable building areas. Based on a review of the project and the analysis in this section staff agrees that a two lot short -plat is a reasonable use of the property. b. Lot Area: Required Proposed Proposed Lot Area Net sq. ft Gross sq. ft Lot 1 6,000 6,300 7,200 Lot 2 6,000 7,200 7,200 Lot Width: The required lot width in the RS -6 zone is 60 feet. The proposed lots meet this requirement. Setbacks and Lot Coverage: a. In order to approve a subdivision, the proposal must meet all requirements of the zoning ordinance, or a modification must be approved. Based on this, as well as the review of the modification request as detailed in Section II.B. of the Staff Report below, setbacks for the lots should be as follows: Lot 1: Street Setback (20 feet): From the east property line Side Setbacks (5 feet): From the edge of the access easement adjacent to the south property line Rear Setback (5 feet): From the west property line Lot 2: Side Setbacks (5 feet): From all property lines b. Corner Lots: Neither of the lots are Corner Lots. C. Flag or Interior lot determination: Lot 2 is considered an Interior Lot which requires side setbacks all the way around the property. d. Lot Coverage of Existing Buildings on Proposed Lots: 1.) 35% maximum lot coverage is allowed in the RS -6 zone. 2.) Any buildings or structures on the new lots will be allowed to cover no more than 35% of the lot. File No. S-2004-113 Page 5 of 14 4. Environmental Resources a. On this site, the topography is considered to be an environmental resource. The subdivision chapter states that a proposed subdivision should be designed to minimize significant adverse impacts (ECDC 20.75.085). This chapter also states that grading should be minimized by sharing driveways and making sure that road, house and lot placements relate to the topography. The proposed configuration appears to relate better to the site's topography than if the subdivision were designed with the lots having an east to west orientation with both of the lots fronting on 7"' Ave. W. This alternative configuration would result in the buildable area of the lot to the north being located entirely on the slope. The proposed lot configuration provides flat portions of the site for building on each lot. The map submitted by the applicant that shows proposed house footprints for each lot helps to demonstrate that this is the case (Attachment 4). To ensure that the flat portions of each of the lots are adequately utilized and to help avoid excess grading on much of the sloped portions of the lots, a condition to ensure that the homes are ultimately constructed in a similar locations as those shown on Attachment 4, with respect to the topography of the lots, would be appropriate. Because of the slope on the north side of the property, conditions regarding rockery and retaining wall construction would also assist in making sure that excessive grading is avoided. In order for this subdivision to comply more fully with the criteria in the Subdivision Ordinance and the policies outlined in the Comprehensive Plan (See below Section II.C. of the Staff Report), the following conditions should be placed on the subdivision: 1. The location of the house footprints in relation to their distance from the north property lines of each of the lots shall remain similar to those proposed on the map that shows the house footprints submitted by the applicant (Attachment 4). The building footprint of the house on Lot 2 shall be limited to those portions of the lot south of the 170 elevation line. The building footprint of the house on Lot 1 shall maintain a distance of 20' from the north property line. 2. Grading should not be used to create yards on the northern portions of each lot. 3. Rockeries and retaining walls that are not connected with the foundation walls should not be higher than 3' and multi -leveled retaining walls should be spaced a minimum of 3' apart. 5. Improvements a. See Engineering Requirements (Attachment 3). 6. Flood Plain Management a. This project is not in a FEMA designated Flood Plain. File No. S-2004-113 Page 6 of 14 B. Analysis of Requested Modification for Lot 1 Rear Setback to 5' 1. Criteria: The applicant has requested a modification to reduce the rear setback for proposed Lot 1 from 15' to 5'. The ability to request modifications is established by ECDC 20.75.075, which requires all criteria of a variance to be met if the requested modification is to be approved. These criteria are as follows: a. Special Circumstances: That, because of special circumstances relating to 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. 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 Zoning Ordinance: That the approval of the variance will be consistent with the intent of the comprehensive pian, 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 the rights enjoyed by other properties in the vicinity with the same zoning. 2. Applicant Declarations: The Applicant has presented declarations as to how he feels the proposal meets these criteria (see Attachment 2). a. The applicant points out that the site has a special circumstance related the topography of the site in consideration of the steep slope that is primarily on the north half of the lot. The applicant states that steep slopes can cause an excess amount of grading, houses that have to hug the slope, steep driveways, and retaining walls that relate to environmental impact and high construction costs. b. The applicant states that the proposed lot layout allows for house orientation that is more compatible with the steep slope on the property. C. The applicant points out that the other standard way to orient the lots would be east to west, lengthwise (one lot to the north and one to the south) with each lot having frontage on 7t' Ave. S. This orientation though, would result in the need for two primary access points. It would also mean that the buildable area for the northern of the two lots would be entirely on the steep slope. File No. S-2004-113 Page 7 of 14 d. The applicant states that a purpose for the proposed lot orientation is to enhance vehicle safety along 7t' Ave. S. The applicant points out that the location of the site is next to the intersection of 7h Ave. S. and Cedar St. near the top of a hill, and that the lot is in a location with limited site distance. Minimizing the number of curb cuts an 7t' Ave. S. where primary access should enhance safety. The applicant states that the proposed orientation will allow for one shared primary access for the lots rather than an access for each lot. It is brought up that having one primary access point will help minimize traffic and pedestrian accidents due to limited site distance in the area. e. The applicant points out that orienting the lots in the proposed manner results in a reduced building pad width of proposed Lot 1. If the lots were oriented so that both front on 7th Ave. S., the result is lots with potential building pads with depths of 85' and widths of 55'. With the lots oriented as proposed, the depth of the potential building pad of the front lot is reduced to 25' (with a width of 100'). The modification request will increase the depth to 35'. The applicant points out that this is still less than the narrower dimension of 55' that the alternate layout would allow, but that it is still usable. Please see further explanation of this in "Additional Findings" below, (Staff Report Section, II.B.3). 3. Additional Findings: a. The city of Edmonds is able to accommodate additional growth through infill development. Certain lots are large enough to develop but, because of shape, orientation or topography, require some modifications in order for the subdivision to be designed consistent with the City's adopted goals, policies and codes. b. Some clarification can be provided insofar as how lot orientation relates to potential buildable area depth and width as well as how the modification request relates to this. The potential building area of a lot is determined by taking into consideration the proposed dimensions of a lot and then reducing the setbacks from those dimensions. This is also illustrated by Attachment 8 (a and b). An alternative way to design this subdivision would be an orientation in which both lots have frontage on 7`}' Ave. S. and are longer east to west. Refer to Attachment 8.a. This would result in two lots that are each 120' deep and 60' wide. With this orientation, a 20' street setback from the east property lines and a 15' rear setback from the west property lines would apply. A depth of 85' for the potential building area results from subtracting the 20' street setback and the 15' rear setback from the 120' depth of each lot. Side setbacks of 5' from the north and south border of each lot also apply. Subtracting these from the 60' width of each lot results in a 50' wide potential building area. The proposed lot orientation, as shown on the subdivision map (Attachment 2), creates lots with the same dimensions. Refer to Attachment 8.b. The orientation of these lots to the street and, as a result, the way setbacks are applied reduce the depth of the potential building area for the eastern, front lot (Lot 1). A 20' street setback from the the east property line, adjacent to 7`t' Ave. S., is required for this lot as well as 15' rear setback from the west property line. When these two setbacks are substracted from the 60' depth of Lot 1, the result is a potential building area that is only 25' deep. The modification request to reduce the rear setback for this lot from 15' to 5', adds 10' to the 25' depth of the potential building area. This 35' depth is significantly less than the 50' width that the lot would have under the alternate orientation described in the above paragraph. Also, since the rear setback modification is for the property line between the two lots, it only significantly impacts the two lots. File No. S-2004-113 Page 8 of 14 C. The proposed lot layout could be approved without a modification request and would fully comply with the subdivision criteria. The design provides adequate lot area area and lot width and meets all other applicable code criteria. In addition, the modification request does not affect how setbacks are applied to Lot 2 which has 5' side setbacks from all property lines regardless of the setbacks that are ultimately approved for Lot 1. d. City of Edmonds' engineering policies as well as the subdivision criteria, (See above Staff Report Section II.A.4) do encourage the use of shared driveways wherever possible. e. The lot configuration proposes a secondary access point for Lot 1. See Attachment 3. Having one primary access was used by the applicant as a basis of reasoning for the proposed layout. Because of this, Staff wanted to be sure that the second access point would pratically function as a secondary access and required the applicant to submit building plans for the residence proposed for Lot 1. In response, the applicant submitted a proposed plot plan for both lots and floor plans for the house on lot one. These have been included as Attachment 4. Through the review of these plans it is clear that the primary proposed access shared by the two lots provides the main vehicular access to the residence on Lot 1. It provides access to a two -car garage that provides access to the main floor of the residence. It is this access that would also place visitors or residents at the front door and what is clearly the main entry to the home. The secondary access is to the lower floor of the house. This is a floor that does not appear to be the main living area of the home and is likely not how residents would come in and out of the home on a daily basis. It is important to note that the review of access was the only purpose of requiring house plans for Lot 1. It is through the building permit application process that specific house plans are reviewed to ensure that they meet the development standards including lot coverage, setbacks, and height limit, not through the subdivision review. Additionally, single-family residences are never reviewed for design. f. The City Traffic Engineer has reviewed the proposed access plan and feels like it is a reasonable way to provide access for the site, given the site's topographic and and locational constraints. The Traffic Engineer has indicated that the fact that the primary access is located at the same place as the existing access to the home can be seen as a positive thing. This is an access point that has been in use for a number of years and there is not a history of traffic problems caused by this particular access location. Additionally, the Traffic Engineer feels that having another access that functions as a secondary access may actually be beneficial in that it will help offload a limited number of vehicular trips from the primary access. g. The applicant has submitted a map that shows the proposed footprints of the houses on the lots (Attachment 4). This map helps to demonstrate that a significantly greater area of the footprints for the homes on the proposed lots is located located on the southern, flat portions of the lots. 4. Conclusions: a. The steeply sloping topography on a portion of the site as well as the slope of the road adjacent to the site can be considered special circumstances. See above Staff Report sections II.A. Lb. b. The fact that building on steeper sites or steeper portions of a site can result in higher construction costs cannot be used as a special circumstance. C. Allowing the proposed lot layout would not be a special privilege for the property owner. As pointed out above, there is an alternative layout that could be used to subdivide the property. However, the proposed lot layout relates better to the topography and location of this lot. File No. S-2004-113 Page 9 of 14 The proposal will be consistent with the intent of the Comprehensive Plan and the zoning ordinance. This is addressed in above section II.B. and below section II.C. of the staff report. e. The modification will not be detrimental. It will allow for a subdivision layout that provides lots with more usable area that relate better to the topography of the site and require less grading. The map that shows the location of the proposed house footprints on each lot helps to support this. A condition to ensure that the homes are ultimately constructed in a similar locations with respect to the topography of the lots would be appropriate. f. The reduction of the setback to 5' appears to be the minimum necessary. This is the distance that is required for side setbacks in the RS -6 zone. Allowing this setback distance should not result in house that is closer to a property line than other houses in the neighborhood. The resulting development should be consistent with the way the surrounding neighborhood is developed. Additionally, a 5' rear setback allows the depth of the potential building area to be 35'. This depth does appear to be useable without being excessive. g. It would not be inappropriate to include a condition on the decision of the modification request that requires the house to be setback a greater distance from the north property line. However, this is something that is not necessary to repeat since it was already accomplished through a condition of approval of the subdivision. C. Conformance to the Comprehensive Plan 1. Comprehensive Plan Goals and Policies: The Comprehensive Plan has the following stated goals and policies for Residential Development that apply to this project. B. Goal. 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 should be approached realistically in balancing economic and aesthetic consideration, in accordance with the following policies: B.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. BA. Support retention and rehabilitation of older housing within Edmonds whenever it is economically feasible. B.5. Protect residential areas from incompatible land uses through the careful control of other types of development and expansion based upon the following principles: B.5.d. Private property must be protected from adverse environmental impacts of development including noise, drainage, traffic, slides, etc. B.6. Require that new residential development be compatible with the natural constraints of slopes, soils, geology, vegetation and drainage. File No. S-2004-113 Page 10 of 14 B. Goal. Future development in areas of steep slope and potentially hazardous soil conditions should be based on site development which preserves the natural site characteristics in accordance with the following policies: B.2. Streets and access ways should be designed to conform to the natural topography, reduce runoff and minimize grading of the hillside. C. Goal. Development on steep slopes or hazardous soil conditions should preserve the natural features of the site, in accordance with the following policies: C.1. Grading and Filling. C.1.a. Grading, filling, and tree cutting shall be restricted to building pads, driveways, access ways and other impervious surfaces. C.1.b. Grading shall not jeopardize the stability of any slope, or of an adjacent property. C.1.c. Only minimal amounts of cut and fill on hillsides exceeding 15% slope should be permitted so that the natural topography can be preserved. Fill shall not be used to create a yard on steeply sloped property. C.1.d. Fill and excavated dirt shall not be pushed down the slope. C.2, Building Construction. C.2.a. Buildings on slopes of 15% or greater shall be designed to cause minimum disruption to the natural topography. C.2.a. Retaining walls are discouraged on steep slopes. If they are used they should be small and should not support construction of improvements which do not conform to the topography. . C.2.a. Water detention devices shall be used to maintain the velocity of runoff at predevelopment levels. C.3. Erosion Control. C.3.a. Temporary measures shall be taken to reduce erosion during construction. C.3.b. Natural vegetation should be preserved wherever possible to reduce erosion and stabilize slopes, particularly on the downhill property line. C.3.c. Slopes should be stabilized with deep rooted vegetation and mulch, or other materials to prevent erosion and siltation of drainage ways. 2. Compliance with the Residential Development and Soils and Topography goals and policies: It appears that both high quality homes that fit into the neighborhood will ultimately be constructed on the property. The design of the subdivision takes into consideration the unique topography of the site. Rather than placing one lot entirely on the sloped portion of the site, the layout provides flat buildable areas for each of the lots. Additionally, a couple of conditions related to the ultimate total amount of site grading and the use of retaining walls have been included in the decision to ensure that the development is consistent with the above policies. These are covered more fully in above Section II.A.4 of the Staff Report. File No. S-2004-113 Page I 1 of 14 D. Compliance with the Zoning Code 1. Staff finds this project to comply with the provisions of the Zoning Code, particularly the Subdivision regulations, and the development standards of the zone as detailed in section II.A.2.b. E. Compliance with the Flood Plain Management Provisions 1. The proposed project is not in a Flood Plain. F. Environmental Assessment: 1. Is this site within a shoreline area (within 200 feet of the ordinary high water mark of the Puget Sound)? No. 2. Is an Environmental Checklist Required for this application? If more than 500 cubic yards of grading will be required, an Environmental Checklist is required. At this point in time, the total amount of grading for the subdivision improvements is not anticipated to exceed 500 cubic yards. If through the review of the civil plans, it is determined that more than 500 cubic yards of grading will be required, the City will require an Environmental Checklist to be submitted and issue an Environmental Determination. G. Critical Areas Review: 1. Critical Areas Review number: CA -2003-152. 2. Results of Critical Areas Review: The property contains slopes that are considered steep enough to be critical areas as defined by ECDC 20.15B. In order to develop on or within a certain distance of these steep slopes, the code requires the city to review a geotechnical report that addresses some specific criteria related to the physical characteristics of the slope. Later on in the development process, when building plans are under review through the review of a building permit application, a follow-up geotechnical report will need to be submitted that addresses specific aspects of the proposed plans. The ultimate goal of this review is to ensure that the proposed development on the site will be done without affecting the safety and stability of the property or adjacent properties. When the developer was anticipating the subdivision of this property, the process by which this review of geotechnical reports was done which is called a Steep Slope Exemption. A Steep Slope Exemption was applied for and approved for the property. The decision and conditions of approval are located in file number SD -04-41 on file at the Planning Division. Again, the goal of this review is to ensure that the proposed development on the site will be done without affecting the safety and stability of the property or adjacent properties. H. Comments: A number of comment letters were received during the review of the proposal. These have been included as Attachment 7. The main issues that were brought up are as follows: 1. The proposed lot orientation will result in view obstruction for surrounding properties. It is inevitable that the further development of this lot will result in some view obstruction for surrounding properties. Properties surrounding the subject site have views of Puget Sound and the Olympic Peninsula beyond. File No. S-2004-113 Page 12 of 14 Because of the topography surrounding the site, the majority of the views that may be impacted by development on this site are from properties to the east and south of the site. However, any development proposal, including a subdivision, that meets all the applicable criteria cannot be denied because it will impact views. The approval of the subdivision proposal is something that must be done based on the fact that it meets all the applicable criteria regardless of whether or not it impacts views. The impact of views as a result of the modification request may be reviewed in considering whether or not the modification will be detrimental. In consideration of the location of the setback reduction in between the two lots of the subdivision and the overall extent of the proposed modification, the modification request does not appear to be detrimental. 2. The Modification Request does not meet the modification and should not be approved. Section II.B. of the Staff Report, above, addresses the modification request and how the application meets the modification criteria. 3. Approving the proposal would result in a change in zoning. The proposal does not result in a change in zoning. Sections II.A.2.b and II.D.1 of the Staff Report, above, demonstrate how the application development standards and purposes of the Single -Family Residential (RS -6) zone where the site is located. 4. Allowing a 5' setback is inconsistent with the surrounding neighborhood. Allowing a 5' setback is not inconsistent with other setbacks in the surrounding neighborhood. A 5' setback is the allowed side setback in the RS -6 zone. Also see above Section II.13.4.f. of the Staff Report. 5. There is an alternative lot layout possible for this site that would not require a setback modification. There is never just one way to design a subdivision or any development proposal. The City's obligation is to review the proposed design to ensure that it meets all the applicable code criteria. If the proposal is found to meet these criteria, then the proposal must be approved. The fact that there could be another standard way to divide this lot into two lots and the issues that this alternative layout causes are also addressed throughout the Staff Report. 6. The developer wants the modification request to make more profitable use of the property. Whether or not the proposal will allow the developer to make more profitable use of the property is not something Staff can take into consideration in making a decision on the proposal. See Section II.B.4.a. and II.B.4.b. of the Staff Report above. 7. Legality of Zoning Interpretations in applying setbacks. The basis for applying side setbacks to rear or interior lots (see above Staff Report Section II.A.3) is a long standing and consistently applied Code Interpretation. One letter brought up the legality of official Interpretations of the Edmonds Community Development Code. Since this letter brought up legal issues, it was forwarded to the City Attorney for response. The City Attorney's response memorandum and Staff s response to this is included as Attachment 9. 8. Concern over slope stability. The City has a Critical Areas ordinance that provides regulations to ensure that development on or adjacent to slopes is done safely and does not compromise slope stability. For additional information, see above Section II.G. of the Staff Report. File No. S-2004-113 Page 13 of 14 The following is a summary of the deadlines and procedures for filing reconsiderations 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 City staff to reconsider their decision if a written request is fled within ten (10) working days of the posting of the notice required by this section. 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. B. Appeals Section 20.105.040 and 20.105.020 describes how appeals of a staff decision 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 fourteen (14) calendar days after the date of the decision being appealed. C. Time Limits for Reconsideration and Appeals The time limits for Reconsiderations and Appeals run concurrently. If a request for a 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 staff has issued his/her decision on the reconsideration request, the time clock for filing an appeal continued from 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 staff issues their decision on the reconsideration request. Section 20.075.100 states, "Approval of a preliminary plat or preliminary short plat shall expire and have no further validity at the end of five years, unless the applicant has acquired final plat or final short plat approval within the five-year period." The property owner may, as a result of the decision rendered by the staff, request a change in the valuation of the property by the Snohomish County Assessor's Office. Attachments: 1. Vicinity / Zoning Map 2. Subdivision Map 3. Lot Layout with Preliminary Access Plan 4. Proposed Plot Plan and House Plans for Lot 1 5. Applicant Letters 6. Engineering Requirements 7. Public Comment Letters 8. Lot Layout Exhibit with Potential Building Areas a. Alternative Lot Orientation — Both Lots Front on 7`h File No. S-2004-113 Page 14 of 14 b. Proposed Lot Orientation 9. City Attorney and Staff Reponse to Comment Letter with Legal Inquiry Higa Burkholder Associates, LLC Classico Homes, Inc. ATTN: Darla Reese C/O Joseph Schmaus 1721 Hewitt Ave., Suite 401 746 Edmonds St. Everett, WA 98201 Edmonds, WA 98020 David and Darlene Newguist Don & Millie Morgan 717 Cedar St. 714 Walnut St. Edmonds, WA 98020 Edmond, WA 98020 Patricia Bowman Raymond and Dorothy Sittauer 701 Cedar St. 612 7`h Ave. S. Edmonds, WA 98020 Edmonds, WA 98020 Robert and Janice Freeman Stephen Szwec 622 7`h Ave. S. 7007 1h Ave. S. Edmonds, WA 98020 Edmonds, WA 98020 Jean Sittauer Vaughn Sherman 9220 192 n Pl. SW 703 Spruce Street Edmonds, WA 98020 Edmonds, WA 98020 Charles Becker Frederick Gouge 524 Magnolia Lane 9220 192 n Pl. SW Edmonds, WA 98020 Edmonds, WA 98020 Mary and James S. Knowlson. David N. Eaden 711 Cedar Street 503 — 7`h Ave. S. Edmonds, WA 98020 Edmonds, WA 98020 Engineering Department Fire Department Parks Department Public Works Department Planning Department j,iovk r LJGIQll - 1\G3lu%,uucu i -5, i vi t Listing # DOM Listing Price Price/SgFt St # Address BD Area City & ZIP Yr Status Type Selling Price SP % LP Listing Office BA Lot Sz Sq Ft Tax ID 23132558 160 $585,000 0.00 520 7th Ave S 3 730 Edmonds 98020 1948 Sold (04/29/04) Residential $482,000 82.39 Coldwell Banker Bain 1.75 14375sgft 27032500203400 of 6 1 LN See Additional Pictures Listing Price Selling Price $535,000 $482,000 Agent Office Property Type Status DOM Area Community Commission Structure (approx sq ft) Lot Sq Ft (approx) County Beds Year Built Map Book Listing Date Original Price Occupant Type Occupant Name Owner Name School District Agent Remarks Directions To Property Selling Price Listing Price SP%LP Financing Comments Selling Office Selling Co -Office Publish To Internet Printer Friendly Version Incredible view property! Situated on 1/3 acre high atop the Edmonds Bowl with windows to the world and beyond. Stunning Sound & Mountain views ... it doesn't get any better than this! This home has a separate entrance to a spacious living area in lower level complete with a 2nd kitchen, large bedroom and 3/4 bath. This tri -level home is 2,590 ASF. Imagine the possibilities!! Call for more information. Address 520 7th Ave S, Edmonds 98020-3410 Kirk J Ble_v_ins i (ID: 15563) Primary:425-876-6944 Coldwell_Banker Bain (ID:7391) Phone: 425-771-6444, FAX: 425-672-9182 Residential Property Subtype(s) Residential Sold (04/29/04) 160 730 -Southwest Snohom Edmonds Bowl Selling Office —3" See Map Listing # 23132553 0 Price / SgFt 0.00 14a75- Lot Acres (approx) 0.330 Snohomish Tax ID 27032500203400 3 Baths 1.75 1948 Thomas Brothers Map Coordinates 454, G6 09/26/03 750,000 Owner Chris & Ruth Phone To Show 425-876-6944 Chris & Ruth Owner Phone 000-000-0000 Edmonds (Senior High School: Unknown Snr HighName) Bring your builders!! 140K price drop! Value is in the land -call list agent no keybox. Selling property as is. Huge possibilities for this spectacular view property on 1/3 acre. The property extends to the north of home, down to large evergreens. At the bottom of Cedar on 7th Ave. S. Selling Information 482,000 Selling Date 585,000 Pending Date 82.39 Original Price Conventional Windermere Real Estate GH -LLC 7356) Yes 04/29/04 03/05/04 750,000 AirmoreviWK111111111111 http://locator.nwmis.com/scripts/mgrgispi.dll 12/23/2004 The code here is clearly suggesting that a site should not be modified to change (intentionally) the grade, as this would allow for manipulation of height by artificial control. The code does recognize that there is likely to be some work on a site prior to application for a building permit. Indeed we often see site development work on a plat or short plat that would re -grade the site to accommodate necessary infrastructure improvements. To provide some control on the extent of grading work while not being overly restrictive the code goes on to say: However, where the site has been altered by grading, cutting, or filling or similar activities before the application for a building permit, the building official shall make the determination from then available data of the mean elevation of the undisturbed soil. The site in question was altered as a part of the short plat work and so this provision is applicable. Here we separate on our interpretation. I see the focus of this language as being limited in time to the recent work of development such as the short plat improvements. The interpretation implied in your letter is that, "In fact no time limit is set at all" and that we should look at grading activity that may have occurred in the past (63 years in this case). The implication of this extremely liberal reading is that we can go as far back in time as desired to make a determination. This is in no way practical and would, as is the case here, require extrapolation(s) based upon unknown history. In this case that history includes the site conditions prior to the construction of the pre-existing home built in 1948. Your proposal is to base the undisturbed grade upon speculation of what those pre -developed 1948 site conditions may have been. Your argument for this position seems to be based upon the continued definition in the code that goes on to read: If the undisturbed soil elevation is not readily determined due to demolition of an existing structure, the contours may be reconstructed by the building official to coincide with adjoining topography to determine the undisturbed soil elevations. This expanded definition is clearly intended to allow some adjustment where a building demolition would significantly alter the site to the point that is it not possible to `see' the pre- existing grades. This is not the case here as the majority of the site, outside of the building footprint, was not impacted by the demolition. This is supported by the plans submitted as part of the short plat. I reference the preliminary short plat sheet 1 prepared by Higa-Burkholder and dated 10/21/2004, which is Attachment 2 in the Short Plat decision (S-2004-113) dated 3/10/2005. This plan sheet shows the site conditions in existence prior to demolition. The building, driveway, carport and other structures are depicted. The recent plan by Michael Ryan (no date) submitted on June 15, 2011, shows the existing contours as being consistent with those on the Higa-Burkholder plan. The 178 contour, for example, shows little change at the position of the pre-existing house. Comparison of these plans (supported by on-site observation) suggests that the demolition resulted in minimal disruption of the site grade. . All of this brings us to the determination of what exactly should be the undisturbed soil (grade) for use in building height determination. Mr. Ryan has presented a reconstruction of the site on his plan showing what he deems to be the pre -1948 site conditions. Even if the idea of using the topography from 1948 was considered valid, no evidence was provided to support his conclusions. He references geotechnical reports, but these were not provided, therefore the location and depth of any test pits is not available for study. Additionally, his assumption is that the building pad was originally excavated and the material was hauled off-site. I agree that some excavation most likely occurred to provide a level building site, but question the assumption that the material was hauled off-site. This seems inconsistent with the construction methodology of the time and the overburden was more likely left on site and used to re -grade the slope. The possible re -grading may have increased the slope angle and not reduced them as shown on the Ryan plan. I point this out to emphasize that this is very much conjecture and without some very detailed and well researched forensic geotechnical evaluation the nature and extend of the 1948 work is an unknown. What is known is the nature of the site as evaluated in the short plat process (5-04-113). I carefully reviewed the short plat file for any references to grade determination and building height. This was not discussed in any great detail that I could find. I did find a plot plan used to display the potential building layouts for the lots. This plan, which was included as Attachment 4 in the Short Plat decision, shows potential building corner elevations for the easterly lot. The inclusion of the building corner elevations suggests that consideration was being given the issue of future building height measurement. The Attachment gives the northern corners as 158' and 160.5', which match up with the grade contours. The southern building corners are shown as 181' and 180', which are slightly higher than the post -demolition grades. The fact that these are higher suggests that the level was modified to reflect the grade change brought on by the demolition. This adjustment would be consistent with the code language noted above. Also since the elevations were noted by hand written ink, this may be a response the note #5 (that you referenced). Based upon the review of the file and consideration of the information provided, it is our opinion that the contours shown on Attachment 4 of the Short Plat decision represent the undisturbed soil for purposes of building height calculation. The building corner heights shown for the easterly building should be used for that structure. The westerly building corners would need to be established consistent with the contours noted on the short plat attachments. This is considered as an administrative determination and is an appealable Type II staff decision in accordance with ECDC 17.40.020 and will be enforced by the City unless a timely administrative appeal is filed. Any appeal of this decision must be filed in accordance with the requirements of ECDC 20.07.004 within fourteen (14) days of this decision as calculated using ECDC 20.07.004(C). (language enclosed) If you have any questions, please contact me at (425) 771-0220. Si cerely k Leonard Yarberry Building Official s�$9 �♦.r. � . `.�" � .`.�� :�.�•:��� • F »tip. �. `,�� ^.:��.�� � .�•� ' —M --rt —N� s M—+ t11iWS 3f1N3/,V g ♦I \ I t I N I— t l, I_ I _I I ,•AC's'[ :�''.'1—` 1 '�\ I I I �� I I 1 1/ r l ' � c 1' 1�";; �F•„�+'�s `•F aL I 11, 1 1� I _ I i l l f'/ t D. 'i•-. ,�. `• dw- l�.•� {: p }"'''''� rte' , , , I I �NN 1 7 , ( 1 f / o _ :. i;,•1 •t,;}iy `1; '�'qw. L1 n ax�oo n $ V , \ l . 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Undisturbed soil means the condition of the site at the time a building permit application is made to the city, before any site work occurs. However, where the site has been altered by grading, cutting, or filling or similar activities before the application for a building permit, the building official shall make the determination from then available data of the mean elevation of the undisturbed soil. If the undisturbed soil elevation is not readily determined due to demolition of an existing structure, the contours may be reconstructed by the building official to coincide with adjoining topography to determine the undisturbed soil elevations. If the proposed structure occurs where no setbacks are required, the elevation of the surface (sidewalk, alley, or soil) of the property line at or nearest the intersection of the sides of the building height rectangle will be considered undisturbed soil. Where the building official deems it necessary, he shall have the right to require establishment of a datum point from which all height measurements shall be made. Chapter 21.40 "H" TERMS Sections: 21.40.005 Halfway house. 21.40.006 Hallway. 21.40.010 Hearing examiner. 21.40.020 Repealed. 21.40.030 Height. 21.40.040 Home occupation. 21.40.050 Horse. 21.40.055 Hospitals. 21.40.060 Hotel. 21.40.005 Halfway house. A halfway house shall include state licensed group care homes for juvenile delinquents, halfway houses providing residence in lieu of institutional sentencing, halfway houses providing residence to those needing correctional institutionalization, and detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from the effects of alcohol and drugs. [Ord. 2820 § 6, 1991]. 21.40.006 Hallway. Hallway, as used in ECDC 16.20.050, 21.05.010, and 21.40.030(C), means a wholly enclosed building whose primary purpose is the connection of one building or portion thereof to another. A building or portion thereof which connects one building to another and whose width is 60 percent or less of its length shall be presumed to be a hallway. [Ord. 3728 § 4, 2009]. 21.40.010 Hearing examiner. Hearing examiner means the person employed by the city of Edmonds to hold hearings and make recommendations or decisions on various land use applications. 21.40.020 Hedge. Repealed by Ord. 3491. 21.40.030 Height. A. Height means the average vertical distance from the average level of the undisturbed soil of the site covered by a structure to the highest point of the structure. (See subsection (D) of this section for exceptions to this rule.) B. "Average level" shall be determined by averaging elevations of the downward projections of the four corners of the smallest rectangle which will enclose all of the building, excluding a maximum of 30 inches of eaves. If a corner falls off the site, its elevation shall be the average elevation of the two points projected downward where the two sides of the rectangle cross the property line. (See subsection (D)(1) of this section for exceptions to this rule.) C. Accessory buildings that are attached to the main building by a breezeway, hallway, or other similar connection so that the accessory building is separated by 10 feet or leis from the main building shall be considered to be part of the main building for purposes of determining the average level. For the purposes of this section, in order for an accessory building to be considered to be attached to and a part of the main building, the connecting structure must have a roof and be constructed of similar materials to both the main building and the accessory building so that it appears to be a unified and consistently designed building. D. Height Exceptions. 1. (Reserved); 2. Church steeples; 3. Elevator penthouses, not to exceed 72 square feet in horizontal section, or three feet in height, for that portion above the height limit; 4. Chimneys, not to exceed nine square feet in horizontal section or more than three feet in height, for that portion above the height limit. In RM districts, chimneys shall be clustered. No multiple -flue chimney shall exceed 39 square feet in horizontal section. The first chimney shall not exceed nine square feet in horizontal section, and other chimneys shall not exceed six square feet in horizontal section; 5. Vent pipes not to exceed 18 inches in height above the height limit; and 6. Standpipes not to exceed 30 inches in height above the height limit. [Ord. 3728 § 2, 2009; Ord. 3654 § 1, 2007; Ord. 3569 § 2, 2005]. March 4, 2011 Mr. Joseph Schmaus Classico Homes 746 Edmonds St. Edmonds, WA 98020 SUBJECT: 520 7"' Ave. — Grade determination Dear Mr. Schmaus: I have reviewed the plan that you provided the other day for determination of property contours to be used for building height calculations. The plan was prepared by Emerald Land Surveying. To aid in my determination I compared this plan to the one prepared by Higa-Burkholder Assoc. as part of the short plat process. I also used some aerial photos from before the demolition of the pre-existing building, and I made a site visit to confirm my observations. The grades shown on the northern half of the properties appear to be consistent between the Emerald plan and that of Higa-Burkholder. However, as we move south the contours indicate discrepancies. While it appears that Emerald has tried to `reconstruct' the pre -developed grades, the numbers are not supportable by the site conditions. Indeed there is a 10 foot difference shown for the height on the neighboring property between one plan and the other. The contours on the Higa-Burkholder plan appear to be in keeping with the contours shown on the aerial photo taken prior to the demolition of the house. It is my determination that the contours of the Higa-Burkholder plan are a better reflection of the pre- existing condition and should be used for determination of height with the building permit application. If you have any questions, please contact me at (425) 771-0220. Sincerely, Leonard Yarberry Building Official I a) REV egg 0a. n0l 2YimM LL. I a) REV egg 0a. n0l 2YimM I a) 9 T -J tL tg! t g= Ne Ir cc U. LU ji J o ilu REV 9 T -J tL tg! t g= Ne Ir cc U. LU ji J o ilu April 14, 2011 Mr. Joseph Schmaus Classico Homes P.O. Box 5012 Lynnwood, WA 98046 SUBJECT: 520 7th Ave. — Grade determination Dear Mr. Schmaus: I am following up on our recent discussion about your short platted property at 520 7th Ave. After reviewing the code provisions in detail and discussing this with the planning staff, I believe that my original decision in my letter of March 4th is correct. The code has very specific height limitations and in order to ensure that there is a consistent and rational means to determine height, it provides criteria for measurement. Measurement needs to be made from the `undisturbed soil', which is defined: Undisturbed soil means the condition of the site at the time a building permit application is made to the city, before any site work occurs. However, where the site has been altered by grading, cutting, or filling or similar activities before the application for a building permit, the building official shall make the determination from then available data of the mean elevation of the undisturbed soil. If the undisturbed soil elevation is not readily determined due to demolition of an existing structure, the contours may be reconstructed by the building official to coincide with adjoining topography to determine the undisturbed soil elevations. If the proposed structure occurs where no setbacks are required, the elevation of the surface (sidewalk, alley, or soil) of the property line at or nearest the intersection of the sides of the building height rectangle will be considered undisturbed soil. Where the building official deems it necessary, he shall have the right to require establishment of a datum point from which all height measurements shall be made. (21.105.010 ECDC) A building permit application has not, as of yet, been submitted. There has been some alteration of the site due to the work of the short plat, which included the demolition of the existing home. That work has resulted in some minor grade change and the code language implication is that the condition at the time of the short plat submittal (Oct of 2004) is the undisturbed condition. The undisturbed condition is not that existing prior to the construction of the demolished home that was built in 1948. Apparently the concept employed by Emerald Land Surveying in their plan dated 1/27/11 was that the contours should be reconstructed to a condition prior to any development including the neighboring property. It is not possible, or reasonable, to try to reconstruct the site conditions that existed 61 years ago. Such an effort would require a study of the complete hillside and could not be limited to the confines of a single lot as proposed. As I stated in my letter of March 4t", the survey work of Higa-Burkholder Assoc. that was used for the short plat in 2004 provides a good reflection of the pre-existing condition and should be used for determination of `undisturbed soil' and ultimately the building heights for building permit submittals. If you have any questions, please contact me at (425) 771-0220. Sincerely, Leonard Yarberry Building Official FT -/l �� o NL P P m t a tow 0 �g � P„ I H- I LU0 --$a znc f9 j I N O 20 o NE 0 0 0 0 0 0 0 A 0 C `O 0? 0 0 0 0 0 0 4 A. C01 006 h r r r< rn T r n� m a� r P P P P P P P P P P P Y'L' 1 �1Qi 1 ®I � r 1 1� 1 ppyy El \ Sr �ZQ e 9 a I HiL i m Eiln'IDS'3hV I �- z �a i I 1 � �nnL0 1ZZ 98Z1�❑ � o� �If } I�Poy OV 0 0 �a gal I I T� T t u [O�O as a s w li AHdVUIDOdOi a3l`vwils3 SM®Fi �a.®ISSb/ Iaei aNnoaa WNla'ao aaldwltsa CL z ii co FT -/l �� o NL P P m t a tow 0 �g � P„ I H- I LU0 --$a znc f9 j I N O 20 o NE 0 0 0 0 0 0 0 A 0 C `O 0? 0 0 0 0 0 0 4 A. C01 006 h r r r< rn T r n� m a� r P P P P P P P P P P P Y'L' 1 �1Qi 1 ®I � r 1 1� 1 ppyy El \ Sr �ZQ e 9 a I HiL i m Eiln'IDS'3hV I �- z �a i I 1 � �nnL0 1ZZ 98Z1�❑ � o� �If } I�Poy OV 0 0 c i PN�'�'� gal I I [O�O ;.°�.igip', i�I o .�..� co a II �1 1 o11OA Lar` M Zb,6l.aaN' of w Pi �IIIi1 "i1 v� I� m June 11, 2011 Leonard Yarberry City ofEduionds Building Official City of Edmonds Building Division 1215"' Ave N Edmonds, WA 98020 RE: Interpretation of Undisturbed Soil ECDC 21,105,0 10 520 7"' Avenue South Dear Mr. Yarberry: I want to thank you For meeting wills me at the Counter a few weeks ago. Please think of this letter as a follow up to our conversation. TO refresh you nicniory 1 1111 writing on behalf of Joseph Schinaus, Classico Homes regarding the determination of undisturbed soil at 520 7"' Ave South. As you may recall from our conversation at the counter we disagree(( with the promise that ECDC section 21.105.010 requires that the soil elevation to be as -found at the time preliminary short plat application (S.- 04-113) and cannot refor to soil elevation ata time prior to (Ito construction ora previously existing house or a (late predating the previously existing house. We disagree with this position for two separate yet connected reasons as fbIlows: First, the City has consistently read this section of code as we are asking lir (lie code to be read. Secondly, reading of the code we are advocating is in-kind with the literal (ext of the code. Below I will describe each of these I have a rough knowledge of inmy instances, in which the, City has interpreted (lie code to allow the elevation of tho undisAn-bed soil to be established after appatent grading. 1, have first hand knowledge or two cases because of my direct involvernein, In one case a 17nilder tlrovided eviclr,rnce of grades dating to approximately 70 years prior to the issuance of a building permit for a single family addition on a site on Olympic View Drive. III (lie other instance old survey information predating house construction Was 11se'd to allow undisturbed soil to be established at (lie top of retaining ivall to allow 6' tall fence on tot) of the, wall. As further evidence of tine previous interpretation used by the City, we need to look at the preliminary that map for the, sijbjcct site (S-04-.113), Note 5 on the face of the approved preliminary short plat neap states "Topography was altered (hiring previous cons[ruction. Evidence of original grade to be submitted with building permit" As this note is on the face of the approved preliminary plat, it is clear that staff, at the finic of short plat review and approval, agreed with (lie concept of re-establishing the grade based on data to be provided. This very issue was discussed and agreed to when the preliminary plat was approved. Furthermore, in 2008 1 called and discussed this issue with the then building official. lasked what data would be acceptable as evidence of original grade oun site with apparent grading and absent of pre -grading survey. I was told to provide a topographic imp prepared by a civil engineer experienced in site grading using existing topographic data of a section of the hillsido greater than the subject lot. Such information is provided attached to this letter, thus complying with both the previous City interpre(ation and (lie requirements of the previous building official. The following is our interpretation of what the code says and also a reasonable explao"Ition of how the City has interpreted the definition of undisturbed soil in the past. As you noted in your letter to Mr. Sclullaus dated April 14, 2011, the definition of undisturbed soil is found in ECIJC section 21.105.010. The definition is very long as it makes its way through clarification of each idea. As noted in your letter the code starts out by stating: "Undisturbed soil means the condition of the site at the time a building permit application is made to the city, before any site work occurs, " This section on its own would indicate that the ground should be measured as is today. However the code goes on to say "However, where the site has been altered by grading, cutting, or filling or similar activities before the application for a building permit, the building official shall make the determination from then available data of the mean elevation of the undisturbed soil" This portion of this code section seems pretty open where it states " the site has been altered ... before the application". It is hard to ignore die words "Before the application". Further, those words are not limited by modifiers like "the time of a short plat', or "the time of previous construction'. In fact no time limit is set at all. But it goes on to clarify: ". If the undisturbed soil elevation is not readily determined due to demolition of an existing structure, the contours may be reconstructed by the building official to coincide with adjoining topography to determine the undisturbed soil elevations." This statement is clearly in contradiction with the assertion in the last paragraph of the first page of the letter: "... the code language implication is that the condition at the time for the short plat submittal ... is the undisturbed soil. The undisturbed condition is not that existing prior to the construction of the demolished home that u>>as built in 1998." The code indicates that undisturbed soil is the condition prior construction of a prior house, and it sets no time lin-it as to when that house was built. We recognize the difficulty in using an interpolated survey map prepared by a surveyor. We believe that the request made by the then building official in 2008 makes sense. We also understand that interpolated topography can be challenging as a graphic on its own, thus we have provided slope cross sections in addition to the topo maps, as well as a cover letter from the civil engineer explaining the reconstruction process. The map is limited to die site area, however detailed topography of the entire hill was used to create the interpolated topography. During our conversation a few weeks ago you suggested that you might pass this letter to the Planning Division for review. We welcome the possibility for this second opinion. And look forward to your response Sincerely _. r 'John Bissell, AICP JBA Consultants fio%fflmmlp"'� 1ROWAmm. oO'% 00, Joe Schinaus Classico Homes 8552 - 202nd St. SW Edmonds, WA 98020 Re: Estimation of Native Slope and elevations. Michael E. Ryan, P.E. Principal, Director of Engineering HBA Design Group, LLC. ,125,252.2826 phone MRytiii@IIBADegigiiGroiij).coiii In General: Review of this site in the Edmonds bowl suggests that several home sites and roadways were excavated prior to home or road construction. Compared to the general slope and shape of the greater bowl, a patchwork of terraced and nearly level home sites can be observed in the vicinity of the subject site. Local roadways can also be observed to have slopes (grades) more moderate than the ground immediately adjacent, suggesting that the roadways are oil altered and likely cut terrain as well. Lacking observation of small bodies of water, wetlands and other items that you would expect to find on naturally occurring flat perches of ground on otherwise sloping terrain, It seems reasonable to assume that the home sites and roadways received earth working activities prior to construction. P 1, h. ➢h . .. . PN', d �Odwww;' VV% w'WmOc n+.''o'mpxn I n This subject site in particular: Geotechnical reports on the subject site indicate no evidence of fill material in the locations tested. One test pit did show a small amount of fill that is consistent with an obvious pile of dirt recently placed at that location, but is otherwise inconsistent with the site in general. It is my conclusion that the site is not on fill, and therefore is either native or is partially or wholly in cut. The observation of a nearly level home site, an absence of fill material on an otherwise sloping area suggests that this home site was leveled by means of excavation prior to the construction of the home. Although it would be expected that the site was leveled by attempts to balance excavated and embanked materials, the absence of fill material indicates that the bulk of the excavated material at this location was hauled off-site and not used as fill. Lacking evidence to the contrary, it seems reasonable to believe that the native ground minimum elevations prior to home construction can be approximated as a slope by linear interpolation of the high points of the immediately adjacent terraces. The existing terraces are likely to be local apexes of native ground with the duff removed. The native ground was not likely to be smooth (straight lines), and presents no evidence of fill or ponding. The native ground was also likely to have been gently rounded and slightly higher than the approximated section lines, Thus the approximations are a likely minimal elevation of native soil. In all likelihood, the actual native soil would be higher. This site would have been covered with duff: vegetation, ground cover, understory, and trees that result in an unsuitable layer of soil ranging from 6" to 18" on average in this area. We assumed a 12" layer of duff was removed from this site prior to grading. Two section lines have been created along the face of the proposed building, on which the four building corners are identified. These sections are linear approximations taken form apexes of existing ground immediately adjacent to the home site (less the duff). These sections represent a minimal native ground elevation and are consistent with the greater basin at this local. Attached is a plan view showing the contours as seen today (2011), the section lines through the proposed home, and the sections themselves. Regards, HBA Design Group, LLC Michael 9. Ryan, PE Principal, Director of Engineering 42.0<2dJQ i Iffp BILLET 67119L, WR 6KALLER BARB. 6HoP NO WOMIT'ED TO THE afkAPE (-V Fam4R8 OTIw-'A SPA -1 LEl A" PROVIDED, BOTH ACI 319.69, rLA66 15 5TEM, UNI -W NO"IED .BE AM NIMUM-5 (N 1- 4� AT EA,,, ITTEOUNLlZbO CALLED 6 No, OWOUN ON 0 I'm REINFORCED > TO FOR PROPER ,FOR REINFORCEMENT A6 , BUT EXF'06W TO EARTH 14 WALL& 4L WWI 14 RSEAR ATF- PROVIDE A MIN. ME PLACED AT 40 D.C. & AND REFER TO :e'. ADDITIONALLY, ONE EACH NDIYOUAL S:LL PLATE. (6WARS) x 31W (TH10KNEW OW. -FIR FOR 67VD6 AND 4 THE DRIWNG8 OR MLOQ 11-9 DRIED f6p EACH RAC ! UIEbT COAST L R .PROVED EOI— 01`LER WJA CONCRETE WALL 59 IN). W MAI"ACTORER ONLY, 3I44 6KCIFIrATID4 TRW, MOUMAN OR OTHER R OR 70 VIEW OR IN AMMO. TABLE #23-11-8-1 T E AMMANPLYWOOb rt, L Uff Tkb';#�6BAN� t2cbv-- X$OD 6WALL DE �- 2 WZL EDC.S8 "A (0 ZNTSR ON ROOF AND ALB, MANUFACT"Re AND TH VOLUNTARY PRODUCT T715M'.AND Al-�- 0..0" ALL PLII!b ARE A6 64OLN ON THE NATION 24P -V4 (6MPLK WAN) Ab APPLICABLE, AND 04ALL 116 CLU® ""N HALL BE COMBINATION TRADE. Pf=01EDW.. PROVIDE eUPPORT AND STIP"a66 FOR WALL OPENW., It 61'WDUK RID" TO MNP LOCATION OF ALL Ow K ENN LOT 1, MADR?*" TEFVk4CE ADD) -ICN b9CTION I - T 23 N - MM, UM KW COUNTY, W4NIWTON Lot Coverage LOT AREA x DQUAF-- FEET ;.01 OOVSRA4P- X baLAREE FEET 161. sb 114, se f'L-� 6 LOT COvURA41E A$ A PE4CENTAME OF LOT AREA 10 .40 U VALUE 5 2c ul YALUE ATTACHMENT 14 File No. APL20110004 "covau HORTN Plot Plan 6CALF, P - W -W aur 19 zoo Exhibit 15 APL 2011-0004 Photo I from 7th Ave Classico Homes Appeal - APL 2011-0004 520 7th Ave. S. Edmonds, WA 98026 rlA Exhibit 15 APL 2011-0004 Photo 2 Access Drive Classico Homes Appeal - APL 2011-0004 520 7th Ave. S. Edmonds, WA 98026 Exhibit 15 APL 2011-0004 Photo 3 Looking East toward 7th and Cedar In Classico Homes Appeal - APL 2011-0004 520 7th Ave. S. Edmonds, WA 98026 Exhibit 15 APL 2011-0004 Photo 4 from 7th looping West Classico Homes Appeal - APL 2011-0004 520 7th Ave. S. Edmonds, WA 98026 Exhibit 15 APL 2011-0004 Photo 5 looldng south at slope Classico Homes Appeal - APL 2011-0004 520 7th Ave. S. Edmonds, WA 98026 Exhibit 15 APL 2011-0004 Photo 6 looking west from 7th Classico Homes Appeal - APL 2011-0004 520 7th Ave. S. Edmonds, WA 98026