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StaffReport_V-06-102.pdf CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION ADVISORY REPORT FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS (ADDENDUM TO 09/15/2006 STAFF REPORT) To: Hearing Examiner From : Gina Coccia Planner Date: JULY 12, 2007 File: V-2006-102 (DR. BOGAERT NORTH & SOUTH SIDE SETBACK VARIANCES) Hearing Date, Time, and Place: JULY 19, 2007 – 3:00 P.M. Council Chambers, Public Safety Building th 250 – 5 Avenue North Edmonds Washington 98020 TABLE OF CONTENTS SectionPage I.INTRODUCTION..............................................................................................................2 A.A.....................................................................................................................................3 PPLICATION B.R..........................................................................................................................3 ECOMMENDATIONS II.FINDINGS OF FACT AND CONCLUSIONS................................................................4 A.SD.............................................................................................................................4 ITEESCRIPTION B.SEPA(SEPA)..................................................................................4 TATENVIRONMENTALOLICYCT C.ECDC(ECDC)C..............................................4 DMONDSOMMUNITYEVELOPMENTODEOMPLIANCE D.CP(ECDC)........................................................................................................5 OMPREHENSIVELAN E.PC...........................................................................................................................5 UBLICOMMENTS F.TC....................................................................................................................6 ECHNICALOMMITTEE III.RECONSIDERATIONS AND APPEALS.......................................................................6 A.RR......................................................................................................6 EQUEST FOR ECONSIDERATION B.A............................................................................................................................................6 PPEALS C.TLRA..........................................................................7 IMEIMITS FOR ECONSIDERATION AND PPEALS IV.LAPSE OF APPROVAL...................................................................................................7 V.NOTICE TO THE COUNTY ASSESSOR......................................................................7 VI.ATTACHMENTS..............................................................................................................7 VII.PARTIES OF RECORD...................................................................................................8 Dr. Bogaert Side Setback Variances File V-2006-102 Page 2 of 8 I.INTRODUCTION This is an application by Christopher L. Thayer on behalf of Dr. Raymond Bogaert has applied for setback variances at the property located at 18600 Sound View Place in the Single-Family Residential (RS-12) zone. These variances will reduce the required north side setback for a new single-family house from 10- feet to 8-feet; reduce the required north side setback from 10-feet to 5-feet to accommodate a garage; and to reduce the required south side setback from 10-feet to 8-feet for the house. In addition, this request is to include the standard 30” eave encroachment into the setback area. The staff report composed by (former) Senior Planner Meg Gruwell, AICP, dated 09/15/2006 (Attachment 1), made findings and conclusions based upon the initial variance request for 5-foot side setbacks along the north and south sides of the property. She recommended denial of both variance requests, because she felt that the applicant did not prove that they met all of the six variance criteria. An applicant must prove that they meet all six variance criteria in order for staff to make a recommendation of approval. The public hearing was scheduled for 09/21/2006 and at the request of the applicant it was continued until 10/05/2006. On this date, the hearing was postponed until a later date to be determined. In the mean time, the applicant has been working on a solution that he feels would adequately address the concerns of his neighbors. The applicant has revised the original application (Attachments 2, 3, 4, and 5) and staff’s analysis is contained in this report. Staff agrees with the findings and conclusions made in the initial staff report. Because the variance application has been revised and because new information has been submitted, this staff report is considered an addendum to the initial staff report. The applicant has requested that although they have revised their variance application so that it intrudes less into the setbacks than the original request, they would still appreciate it if the original request (5-foot setbacks) could also be reviewed for approval. This is their first choice. Their second choice would be the approval of 8-foot setbacks for the single-family home and a northern 5-foot setback for the garage. Attachment 1 is the original staff report dated 09/15/2006, as well as the original attachments. This staff report analyzed the initial 5-foot side setback requests. This addendum to the original staff report took into consideration the revised variance materials submitted. Attachment 2 is the revised criteria statement submitted 04/10/2007, along with several attachments including photographs and copies of variances they feel are applicable to their case. Attachment 3 consists of several revised site plans. One is titled “new residence and garage” and shows their revised variance request. It also has arrows leading off the decks of the neighboring properties, which shows how the applicant feels that the neighbors will still be able to enjoy the same views. The next site plan is titled “existing vegetation and buildings” and it shows the existing vegetation as it relates to the neighbor’s views. The last site plan is titled “buildable footprint based on lot coverage” and shows what the applicant could propose without a variance request. In the applicant’s criteria statement, they also mention that they feel that they could build on this property, but they feel that the added bulk, height, and impacts would be greater if a variance were not approved. Attachment 4 shows the site sections – it is an illustration of the maximum buildable volume (without a variance) compared to what the applicant would like to do with the proposed variance. It appears that the applicant has tried to create shorter and less-bulky alternative (which does, however, encroach into the side setbacks slightly). Attachment 5 shows the preferred floor plan with a proposed 34-feet wide (as opposed to the required 30- feet wide) building envelope. Attachment 6 is a rare find – coincidentally, a neighbor just down the street from the subject site has applied for a building permit (BLD-2007-0699). Their property is also approximately 50-feet wide and they have proposed a design that appears to meet the required 10-foot side setbacks for the zone. This permit has not been approved, it has only been recently applied for, but it serves to show that the property can probably be developed with a new 30-foot wide single-family house without the need for a variance. Also, the garage that was proposed is a two-car, not a three-car garage. The two-car garage fits on the property and is accessed directly from the east without the need for the larger turn-around area. Attachment 7 is the affidavit of posting and mailing, which shows that the required notice has been provided for the public hearing. StaffReport_V-06-102.doc / July 12, 2007 Dr. Bogaert Side Setback Variances File V-2006-102 Page 3 of 8 Attachment 8 is the two comment letters received between the date that the (initial) staff report was composed and today. The following is the Edmonds Planning Division’s analysis and recommendation of the applicant’s submittal. A.Application -- See page 2 of Attachment 1. B.Recommendations Based on statements of Fact, Conclusions, and Attachments in this report we recommend DENIAL of both setback variances. If the Hearing Examiner wished to approve the setback variances, we would recommend the following conditions: 1.The setback variance to allow an eight-foot setback to the north (northeast) side property line for the single-family residence is approved as shown on the site plan (Attachment 3 – “site plan: new residence and garage”). 2.The setback variance to allow a five-foot setback to the north (northeast) side property line for the garage is approved as shown on the site plan (Attachment 3 – “site plan: new residence and garage”). 3.The applicant must meet the Engineering Division requirements. Specifically, meeting the maximum driveway slope requirements as identified in the Edmonds Community Development Code. 4.The applicant must meet the Fire Department requirements. Specifically, The dwelling will require the installation of a fire sprinkler system in accordance with pamphlet NFPA13D, Standard for the Installation of Sprinkler Systems in One and Two- Family Dwellings and Manufactured Homes., or other approved and recognized standard; and, The dwelling sprinkler system will require a separate permit for approval and installation; and, Sprinkler systems require periodic maintenance to remain viable. A covenant will be required for this purpose to maintain the viability of the automatic sprinkler system. The covenant will apply to all future property owners and successors. 5.As noted by the Public Works Department, the city’s easement cannot be encroached upon. 6.This application is subject to the applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 7.The applicant must obtain a building permit. 8.Typographical errors must be removed from the geotechnical report and all conditions in ECDC 23.80.070.A.1.b must be directly addressed. 9.The applicant must comply with all of the terms of any future permits. 10.The variance shall be transferable. 11.The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of time before the expiration and the city approves the application. Only one one-year extension is possible. StaffReport_V-06-102.doc / July 12, 2007 Dr. Bogaert Side Setback Variances File V-2006-102 Page 4 of 8 II.FINDINGS OF FACT AND CONCLUSIONS A.Site Description 1.Site Development and Zoning: -- See page 3 of Attachment 1. 2.Neighboring Development and Zoning: -- See page 3 of Attachment 1. B.State Environmental Policy Act (SEPA) -- See page 3 of Attachment 1. C.Edmonds Community Development Code (ECDC) Compliance 1.Critical Areas Compliance (ECDC Chapter 23) -- See pages 3-4 of Attachment 1. 2.Compliance with (RS-12) Zoning Standards (ECDC Chapter 16.20) a)Facts: -- See page 5 of Attachment 1. (1)The fundamental site development standards pertaining to Residential development in the Single-Family Residential zone (RS-12) are set forth in Chapter 16.20.030. (2)When setbacks are applied to the subject property, which is approximately 50-feet wide, the result is a narrow rectangular lot with a building envelope 30 feet wide (Attachment 3). (3)The applicant has revised their variance request as shown in Attachment 3. Initially, they had requested that the 10-foot side setback be reduced to 5 feet along both the north and the south property lines. (4)The applicant now shows the new house set back a distance of 8 feet from the north and south side property lines (Attachment 3). (5)The applicant still shows the new garage set back a distance of 5 feet from the north side property line (Attachment 3). (6)Coincidentally, the city has recently received a building permit application for a property in the general vicinity at 18720 Sound View Place (BLD-2007-0699). This property is also approximately 50-feet wide. They are also proposing a new single- family residence along the western portion of their property. They are also proposing a new detached garage. Attachment 6 shows how they have attempted to design their project to meet the 10-foot side setbacks. b)Conclusions: -- See page 5 of Attachment 1. (1)The applicant would need a variance to construct the house and garage as shown on Attachment 3. (2)Based on a recent building permit application (Attachment 6), it appears to be possible to construct a 30-foot wide home on a 50-foot wide lot and still meet the required 10-foot side setbacks for the RS-12 zone. StaffReport_V-06-102.doc / July 12, 2007 Dr. Bogaert Side Setback Variances File V-2006-102 Page 5 of 8 3.Compliance with Requirements for a Variance (ECDC 20.85) a)Facts: -- See pages 5 through 7 of Attachment 1. (1)Attachment 4 shows that the new house and garage, as proposed, will not be as tall as the height limit would allow. (2)Attachments 3 and 4 show that the new house and garage, as proposed, will be less bulky than the maximum lot coverage would allow. (3)Attachment 3 “Site plan: existing vegetation and buildings” argues that the neighbors views are currently impacted by the existing vegetation. (4)Attachment 6 shows that a property of this size can probably be developed with a 30-foot wide single family home and a detached two-car garage. (5)The applicant has stated that if the variance were not approved, then they would likely build the site to the fullest potential possible as shown in Attachments 3 and 4. b)Conclusions: (1)Special Circumstances:-- See page 7 of Attachment 1. (2)Special Privilege:-- See page 7 of Attachment 1. Comprehensive Plan and Zoning Ordinance:-- See page 7 of Attachment 1. (3) (4)Not Detrimental:-- See page 7 of Attachment 1. (5)Minimum Variance:-- See page 7 of Attachment 1. D.Comprehensive Plan (ECDC) -- See page 9 of Attachment 1. E.Public Comments 1.Letters Received -- See page 9 of Attachment 1. a)Public Comment Letters (Attachment 8) (1)Paul Lippert submitted an email to former Senior Planner Meg Gruwell, AICP, on 09/20/2006. He lives down the street and generally opposes the application because he feels that narrow lot width is not a “good enough” reason for a variance. (2)Richard E. Gifford, PLLC, submitted a letter on 09/21/2006 on behalf of his client, Vicki Haynes, who is the adjacent neighbor to the south. They wish to be official parties of record for this project and to be notified of all proceedings. b)Sign-In Sheet 09/21/2006 (Attachment 8) (1)Jim Wilkinson – 612 Sunset Avenue North. (2)Joan Swift – 18520 Sound View Place. c)Sign-In Sheet 10/05/2006 (Attachment 8) (1)Alvin Rutledge: 7101 Lake Ballinger Way. StaffReport_V-06-102.doc / July 12, 2007 Dr. Bogaert Side Setback Variances File V-2006-102 Page 6 of 8 F.Technical Committee 1.Review by City Departments a)Facts: The variance application has been reviewed and evaluated by the Fire Department, Public Works Department, Engineering Division, and the Parks and Recreation Department. (1)The Engineering Division noted that the applicant will be required to meet all Engineering requirements at building permit application. This includes, but is not limited to, meeting the maximum driveway slope requirements as identified in the Edmonds Community Development Code. (2)The Fire Department reviewed the proposal, especially as it relates to firefighting capability and the bridge on the property and noted the following: The dwelling will require the installation of a fire sprinkler system in accordance with pamphlet NFPA13D, Standard for the Installation of Sprinkler Systems in One and Two-Family Dwellings and Manufactured Homes., or other approved and recognized standard; and, The dwelling sprinkler system will require a separate permit for approval and installation; and, Sprinkler systems require periodic maintenance to remain viable. A covenant will be required for this purpose to maintain the viability of the automatic sprinkler system. The covenant will apply to all future property owners and successors. (3)The Public Works Department notes, “No permanent structures are to be built in the city’s utility easements.” b)Conclusion: (1)If the variance is approved, then the applicant would need to address the above- mentioned concerns of the various City Departments. III.RECONSIDERATIONS AND APPEALS 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 the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B.Appeals StaffReport_V-06-102.doc / July 12, 2007 Dr. Bogaert Side Setback Variances File V-2006-102 Page 7 of 8 Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project applicant and the date of the decision, the name and address of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within fourteen (14) calendar days after the date of the decision being appealed. C.Time Limits for Reconsideration and Appeals The time limits for Reconsideration’s and Appeals run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time “clock” for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. IV.LAPSE OF APPROVAL Section 20.85.020.C states, “The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration and the city approves the application.” V.NOTICE TO THE COUNTY ASSESSOR The property owner may, as a result of the decision rendered by the Hearing Examiner, request a change in the valuation of the property by the Snohomish County Assessors Office. VI.ATTACHMENTS 1.Staff Report and original attachments (09/15/2006). 2.Revised criteria statement and attachments. 3.Revised site plans: “new residence and garage”, “existing vegetation and buildings”, and “buildable footprint based on lot coverage.” 4.Site sections: “buildable volume”, “new building massing” and “site sections at each neighboring building.” 5.Upper and lower floor plans (received 04/10/2007). 6.Neighbor’s proposed site plan (BLD-2007-0699). 7.Affidavit of posting and mailing. 8.Comment letters and parties of record. StaffReport_V-06-102.doc / July 12, 2007 Dr. Bogaert Side Setback Variances File V-2006-102 Page 8 of 8 VII.PARTIES OF RECORD Christopher L. Thayer Planning Division Larson Hart & Shepherd, PLLC Engineering Division 600 University Street – Ste. 1730 Parks & Recreation Department Seattle WA 98101 Fire Department Public Works Department Stephen R. Rising Charles M. Greenberg TCA Architecture-Planning Triad Law Group, P.S.C. 6211 Roosevelt Way NE 126 Third Avenue South – Ste. 101 Seattle WA 98115 Edmonds WA 98020-8402 Paul Lippert Vicki Haynes th 1520 9 Avenue North 18602 Sound View Place Edmonds WA 98020 Edmonds WA 98020 Dr. & Mrs. William Williamson Richard R. Gifford, PLLC 18518 Sound View Place 600 Main Street – Ste. E Edmonds WA 98020 Edmonds WA 98020 Joan Swift Alvin Rutledge 18520 Sound View Place 7101 Lake Ballinger Way Edmonds WA 98020 Edmonds WA 98026 Jim Wilkinson Dr. Raymond Bogaert 612 Sunset Avenue North 18600 Sound View Place Edmonds WA 98020 Edmonds WA 98020 Dana Knutson 18720 Sound View Place Edmonds WA 98020 StaffReport_V-06-102.doc / July 12, 2007