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StaffReport_LL-09-01+Attachments.pdf CITY OF EDMONDS th 121 5 Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION PRELIMINARY REVIEW FINDINGS, CONCLUSIONS, & DECISION th Hilliard Lot Line Adjustment at 15515 75 Place West (RS-20) Project: LL-2009-01 File Number: January 21, 2009 Date of Report: I have determined that the application is complete and have reviewed the lot line adjustment application pursuant to Chapters 20.75 and 20.95 of 1 the Edmonds Community Development Code . ____________________________ Reviewed By: Gina Coccia, Associate Planner I.INTRODUCTION The applicant is proposing to adjust a lot line A.SUMMARY OF APPLICATION: between two adjacent parcels which are held under common ownership that will not th result in a change in area for either lot. Lot A1 is identified as 15515 75 Place West (00500900000101) and Lot B1 is adjacent to the north and is currently unaddressed (00500900000400). Both parcels are currently undeveloped. A lot line adjustment was approved under file LL-2007-69 and was recorded prior to issuance of the building permit for one new single family home (files BLD-2008-117, V-2006-52, V- 2006-53, and V-2007-84). Recently, a retaining wall has been proposed near the interior property line (BLD-2008-743), and because the height of the wall is above three feet (as measured from average original grade) and thus considered a “structure,” it was determined that setbacks from the wall to the property line are required. This lot line adjustment is proposed in order to legally locate the retaining wall along the northwest side of Lot A1. This will shift the northern lot line up approximately 23 feet so that the proposed retaining wall will be able to meet the minimum required setbacks for the RS-20 zone. Based on the Findings of Fact, B.DECISION OF LOT LINE ADJUSTMENT: Conclusions, and Attachments to this report, the following decision is issued by the City of Edmonds Planning Division. The lot line adjustment, as proposed, is APPROVED with the following conditions: Prior to submitting documents to the Planning Division for “Final Review,” please 1. make the following changes to the map: Revise the map to include file number . a.LL-2009-01 1 All Edmonds Community Development Code (ECDC) citations can be accessed online at www.ci.edmonds.wa.us. Hillilard Lot Line Adjustment File LL-2009-01 Revise the Planning Division’s signature block date from 200 to 200. b.89 After the above changes have been made, submit sets of revised documents 2.TWO to the Planning Division for “Final Review.” Once “Final Approval” has been issued from the City, the applicant shall take the documents up to the Snohomish County Auditor’s Office for recording. Please make sure that all documents to be recorded meet the Snohomish County Auditor’s requirements for recording, including all signatures in black ink. After recording the lot line adjustment, the applicant must provide the City of 3. Edmonds Planning Division with copies of the recorded map (with the THREE(3) recording number shown). The City will not consider the lot line adjustment to have been completed until this is done. II.FINDINGS AND CONCLUSIONS A.GENERAL INFORMATION To adjust a lot line between two adjacent parcels, both owned by Mr. 1.Request: and Mrs. Hilliard. The northernmost parcel is vacant, and the southernmost th property is currently addressed as 15515 75 Place West – both are located in the Single-Family Residential (RS-20) zone (Attachment 1). Lot Line Adjustment – Planning staff reviews the project and 2.Review Process: issues an administrative decision. Pursuant to ECDC 20.75.050(C), the lot line adjustment shall be approved unless the proposed adjustment will: Create a new lot, tract, parcel, site, or division; Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; Reduce the lot width or lot size below the minimum required for the applicable zone; Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division; Would otherwise result in a lot which is in violation of any requirement of the ECDC. Ron and Susan Hilliard (Attachment 2). 3.Owner/Applicant: 00500900000101 (Lot A1) and 00500900000400 (Lot B1). 4.Tax Parcel Numbers: th 15515 75 Place West, Edmonds WA 98026 (Attachment 1). 5.Location: Single-Family Residential (RS-20). 6.Zoning: Approximately 0.69 Acres / Approximately 29,817 7.Acreage / Square Footage: square feet (Attachment 3). No net change in lot area is proposed between the two parcels. No change – both lots are vacant. 8.Existing Use: No change – the northern lot will remain vacant, and the southern 9.Proposed Use: lot has been issued a building permit for one single-family house. Page 2 of 6 Hillilard Lot Line Adjustment File LL-2009-01 The site is not subject to Shorelines of the State 10.Shoreline Management: regulations. Both parcels are currently undeveloped so access will not change with the 11.Access: proposed lot line adjustment. No dedication of land is required by the City Engineer with the lot 12.Dedications: line adjustment. No improvements are required by the City Engineer with the lot 13.Improvements: line adjustment. B.SEPA THRESHOLD DETERMINATION: Review by the State Environmental Policy Act (SEPA) is not required with this application because the proposal is to adjust the property line between two adjacent lots under common ownership and is exempt under WAC 197-11-800 (1)(b)(i) (Categorical Exemptions). The ultimate review of the construction drawings will ensure that the applicant and the City have complied with SEPA regulations. C.TECHNICAL COMMITTEE: This application was reviewed by the City’s Fire Department, Engineering Division, Parks and Recreation Department, and the Public Works Department. No comments or conditions were received. D.NEIGHBORHOOD CHARACTERISTICS: This site is located in a single-family neighborhood in the northern most portion of th Edmonds that is a mix of older and newer homes. Many homes along 75 Place west appear to have a view of Puget Sound. All of the adjacent zoning is designated Single- Family Residential (RS-20). E.COMPREHENSIVE PLAN COMPLIANCE: The Comprehensive Plan designation for this site is “Single Family – Resource.” There is no proposed change to the existing density. The current proposal appears to meet the intent of the Comprehensive Plan. F.ZONING CODE COMPLIANCE (ECDC 16.20): The required lot area in the RS-20 zone is 20,000 square feet. : 1.Lot Area Required Lot Area Existing Lot Area Proposed Lot Area 20,000 square feet 14,22814,228 Lot A1 20,000 square feet 15,58915,589 Lot B1 There is no net change to the lot area. Each of the parcels in question was created in the early 1900’s, prior to the establishment of the City’s zoning regulations. As a result, each lot is considered to be a nonconforming lot and may be developed pursuant to ECDC 17.40.030. In the RS-20 zone, at least 12,000 square feet is needed for a legal lot. Both lots are over 12,000 square feet. Page 3 of 6 Hillilard Lot Line Adjustment File LL-2009-01 The required lot width in the RS-20 zone is 100 feet. 2.Lot Width: Required Lot Width Proposed Lot Width 100 feet 100 feet Lot A1 100 feet > 100 feet Lot B1 All lots are shown to meet the minimum required lot width of 100 feet. The minimum “street” and “rear” setbacks for properties in the RS-20 3.Setbacks: zone is 25 feet. The combined “side” setbacks in the RS-20 zone must be at least 35 feet combined, with a minimum setback of 10 feet. Lot A1 is considered a “corner” lot and has two street setbacks and two side setbacks. Lot A1 has also received variance approval for street setbacks from the standard 25 feet down to 10 feet (File V-2007-84). West South East North ÐStreetÑ ÐStreetÑ Lot A1 ÐSideÑ ÐSideÑ Setback Setback Setback Setback thth 75 Place West 156 Street SW 10 feet10 feet Required 25 feet 25 feet (V-2007-84)(V-2007-84) Setbacks Proposed No Change No Change No Change No Change Setbacks West East North South ÐStreetÑ Lot B1 ÐRearÑ ÐSideÑ ÐSideÑ Setback Setback Setback Setback th 75 Place West Required 25 feet 25 feet 35/1035/10 Setbacks Proposed No Change No Change No Change No Change Setbacks Because no structures currently exist, there is no change in setbacks. The confirmation of setbacks is reviewed through the building permit process, and the proposed retaining wall will need to meet the minimum required setbacks and will need to be at least 25 feet from the north property line of lot A1. The retaining wall is not shown on the map, because it does not have approval and is not constructed. It is assumed that the retaining wall will meet setbacks, only because this is what prompted the applicant to apply for the lot line adjustment, which was hopefully designed around the retaining wall. However, this will need to be determined through the building permit review process. The applicant will need to revise the building permit site plan for the retaining wall application to show that the required setbacks are met. Page 4 of 6 Hillilard Lot Line Adjustment File LL-2009-01 4.Lot Coverage: The RS-20 zone allows a maximum lot coverage of 35%. i. Both sites are currently vacant, however a building permit for the southern ii. lot has been issued. The lot coverage does not change, because the net lot area does not change. Any future buildings or structures on either lot will not be permitted to iii. cover more than 35% of each lot. th The parcel addressed 15515 75 Avenue West is considered a : 5.Corner Lots “corner lot.” No lots are considered “flag” or interior : 6.Flag or Interior Lot Determination lots’ The proposal appears to meet the intent of the zoning ordinance. G.LOT LINE ADJUSTMENT COMPLIANCE ECDC (ECDC 20.75.050): The lot line adjustment shall be approved unless the proposed adjustment will: Create a new lot, tract, parcel, site, or division; 1. Reduce the setbacks of existing structures below the minimum required by 2. code or make existing nonconforming setbacks of existing structures more nonconforming than before; Reduce the lot width or lot size below the minimum required for the applicable 3. zone; Transform a nonbuildable lot, tract, parcel, site or division into a buildable 4. lot, tract, parcel, site or division; Would otherwise result in a lot which is in violation of any requirement of the 5. ECDC. The proposal will not create a new lot, tract, parcel, site or division – there are two lots involved with the lot line adjustment and two lots will remain after the lot line adjustment is recorded. The proposal will not reduce the setbacks of existing structures, because no structures exist. The existing minimum lot width and minimum lot area is below the minimum standards; however there is no net change in lot area or lot width through this application. The proposal is not transforming a nonbuildable lot into a buildable lot. There is no indication that this proposal is in violation of the Edmonds Community Development Code. H.APPLICATION AND STAFF REVIEW COMPLIANCE (ECDC 20.95): This permit is processed as a Lot Line Adjustment (Staff Decision – No Notice Required) pursuant to ECDC 20.95.040.A complete application was received on January 8, 2009, which satisfies the requirements of ECDC 20.95. Page 5 of 6 Hillilard Lot Line Adjustment File LL-2009-01 III.APPEALS AND RECONSIDERATIONS: The following is a summary of the deadlines and procedures for filing requests for reconsiderations and appeals. Any person wishing to file or respond to an appeal should contact the Planning Division for further procedural information. A request for reconsideration or clarification of this decision may be made by filing a letter and fee with the Planning Department within ten (10) working days of the date of decision. Section 20.105.010(A) 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. IV.LAPSE OF APPROVAL: Section 20.75.050.F states, “An application for a lot line adjustment shall expire one year after a complete application has been filed with the city. An extension up to an additional year may be granted by the Edmonds planning manager or his/her designee upon a showing by the application of reasonable cause.” V.NOTICE TO THE COUNTY ASSESSOR: The property owner may, as a result of the decision rendered by the staff, request a change in the valuation of the property by the Snohomish County Assessor’s Office. VI.PARTIES OF RECORD: Ron & Susan Hilliard Planning Division rd 20831 23 Avenue West Engineering Division Lynnwood WA 98036 VII.ATTACHMENTS: Zoning & Vicinity Map 1. Land Use Application 2. Proposed Lot Line Adjustment Map 3. Page 6 of 6 COUNTY PA 15610 15724 15730 15808 15011 15814 0225450675900112.5Feet 1 inch = 200 feet Zoning (May 2008) Edmonds City Limits E-PlanningBook Single Family Railroad RS-6Single Family, 6,000 sq. ft. lots City of Edmonds RS-8Single Family, 8,000 sq. ft. lots Development Services RS-10Single Family, 10,000 sq. ft. lots 121 5th Ave N. RS-12Single Family, 12,000 sq. ft. lots Edmonds, WA RSW-12Waterfront Single Family, 12,000 sq. ft. lots 425-771-0220 RS-20Single Family, 20,000 sq. ft. lots RS-MPSingle Family, Master Plan Multi Family Printed: 1/21/2009 9:46:32 AM RM-3Multi Family, 3,000 sq. ft. of lot area per unit Published April 24, 2008 RM-2.4Multi Family, 2,400 sq. ft. of lot area per unit RM-1.5Multi Family, 1,500 sq. ft. of lot area per unit City of RM-EWMulti Family, RM-Edmonds Way Downtown Business Edmonds BD1Downtown Retail Core BD2Downtown Mixed Commercial BD3Downtown Convenience Commercial BD4Downtown Mixed Residential BD5Downtown Arts Corridor OROffice-Residential Commercial BPPlanned Business BNNeighborhood Business BCCommunity Business BC-EWCommunity Business, BC-Edmonds Way CGGeneral Commercial (Max. ht. 35 ft.) This document is for general CG2General Commercial (Max. ht. 45 ft.) information purposes only and is Waterfront provided on an 'as is' and 'as CWCommercial Waterfront available' basis. The data used MP1Master Plan Hillside Mixed Use comes from a variety of public sources and no warranty of any MP2Master Plan Hillside Mixed Use kind is given as to its accuracy. Other Users of this document agree to MUMedical Use indemnify and save harmless the PPublic Use City of Edmonds, its officials, officers, employees and/or agents OSOpen Space from and against any claim, Parcels (March 2008) demand or action, arising out of any use or possession of this document . \\\\Imapserver\\gis\\MapProducts\\MapBook\\ArcReader PublishedMaps\\E_PlanningBook\\Counter E-Planning-Book\\Counter-Planning-Book