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StaffReport_V-2007-84.pdf PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Ron & Susan Hilliard Street Setback Variances File Number: V-2007-84 Date of Report: January 29, 2008 Planner: ____________________________ Gina Coccia Public Hearing: February 7, 2008 at 3:00 P.M. Edmonds Public Safety Complex: Council Chambers th 250 5 Avenue North, Edmonds WA 98020 I.SUMMARY OF PROPOSED ACTION: The applicant plans to build a home on a vacant lot in North Edmonds. Because the property is encumbered by a steep slope (critical area) to the north and east, the applicant has proposed to locate the house as far south and west as possible to stay away from the toe of the slope. This results in their request for two street setback variances to allow their proposed home to be 10 feet from the south and west property lines, where 25 feet is required. The following is staff’s analysis of the project. II.GENERAL INFORMATION: 1.Request:Two street setback variances, a reduction from the required 25 feet to ten feet thth from 75 Place West and 156 Street SW (Exhibits 4 and 5). 2.Review Process:Variance – the Hearing Examiner conducts a public hearing and makes the final decision. 3.Major Issues: a.Compliance with ECDC 16.20.030 (Single-Family Residential Site Development Standards). b.Compliance with ECDC 20.85 (Variances). c.Compliance with ECDC 23 (Critical Areas). Exhibit 1 V-2007-84 Hilliard Street Setback Variances File Number: V-2007-84 4.Owner/Applicant: Ron & Susan Hilliard (Exhibit 3). 5.Tax Parcel Number:00500900000101. th 6.Location: 15515 75 Place West, Edmonds (Exhibit 2). 7.Zoning:Single-Family Residential (RS-20). 8.Acreage / Square Footage: 0.33 Acres (14,228 square feet). The owner also owns the vacant property to the north (which is completely encumbered by a steep slope) and he has applied for a Lot Line Adjustment under file LL-2007-69, received approval from staff, but it has not yet been recorded (Exhibit 9). 9.Proposed Use:One single family home consistent with the zoning designation (Exhibit 6). 10.Existing Use:Vacant. III.HISTORY / BACKGROUND: The applicant owns this parcel, and also the vacant parcel to the north. A lot line adjustment application was submitted and approved under file LL-2007-69, but it has not been recorded. The applicant had received variance approval for the proposed street setback variances and also a height variance in the past (files V-2006-52 and V-2006-53), however the application expired and the home was re-designed to remain under the required 25 foot height limit. IV.SEPA THRESHOLD DETERMINATION: Variances granted based on special circumstances are exempt from SEPA review (WAC 197-11- 800(6)(b) and ECDC 20.15A.080). A variance alone does not require SEPA review. Therefore, 1 the applicant and the City have complied with the requirements of ECDC 20.15.A. V.PUBLIC HEARING NOTICE: A “Notice of Application” and a “Notice of Hearing” were published in the Herald Newspaper, posted at the subject site, as well as the Public Safety Complex, Community Development Department, and the Library. All notices were also mailed to residents within 300 feet of the site. The City has complied with the noticing provisions of ECDC 20.91 (Public Hearings and Notice). An Affidavit of Mailing and Posting are included as attachments to this report (Exhibit 8). VI.TECHNICAL COMMITTEE: This application was reviewed and evaluated by the City’s Fire Department, Engineering Division, Parks and Recreation Department, and the Public Works Department. The Public Works Director has added a condition: “Do not build any concrete slabs or structures within the city right-of-way.” No work is proposed within the right-of-way. 1 At this time, specific grading calculations for the construction of the residence have not been completed. This is information that will need to be submitted at the time of the building permit application for the residence. If the grading calculations determine that grading for the construction of the residence will be required in excess of 500 cubic yards, then an environmental checklist (SEPA) review will be required. The ultimate review of the construction permit for the residence will ensure that the applicant and City have complied with SEPA regulations. Hilliard Street Setback Variances File Number: V-2007-84 The Engineering Division submitted a memo related to minimum driveway depth (Exhibit 12). VII.NATURAL ENVIRONMENT: 1.Topography: The applicant’s site plan shows that the site contains a steep slope (Exhibit 5). 2.Soils: According to the Soil Survey of Snohomish County Area, Washington, this neighborhood consists of (Map Unit Symbol 1), (Map Unit Symbol 3) and (Map Unit Symbol 4). 3.Critical Areas: A Critical Areas Checklist was submitted under file number CRA-2006-58 and it was determined that there is a slope on the property, therefore a study (geotechnical report) will be required with the building permit to ensure that the project meets the requirements of ECDC 23.80 (geologically hazardous areas). 4.Wildlife: Typical of a residential environment, likely more woodland critters reside in the forest to the northeast which is not proposed to be disturbed. 5.Vegetation:The existing vegetation is typical of a single-family residence, including a wooded slope. VIII.NEIGHBORHOOD CHARACTERISTICS: This site is located in a single-family neighborhood in the northern most portion of Edmonds that th Place West appear to have a view of is a mix of older and newer homes. Many homes along 75 Puget Sound. All of the adjacent zoning is Single-Family Residential (RS-20). IX.COMPREHENSIVE PLAN: The Comprehensive Plan designation for this site is This property, and the property to the north (under the same ownership) are among the northern th Place West in most residential parcels on 75 the City of Edmonds. A park lies to the north. th 75 Place West is considered a “Collector Street” that provides access to the site. The City of Edmonds Comprehensive Plan has a vision for residential development, and to achieve this vision the applicable excerpts are shown below: Hilliard Street Setback Variances File Number: V-2007-84 X.PUBLIC CONCERNS: To date, no public comments have been received. XI.APPLICABLE CODES: 1. A.Development standards in the RS-20 zone are as follows, pursuant to ECDC 16.20.030: Maximu MinimumMinimumMinimumMinimumMinimumMinimum SubMaximum Lot Area LotStreetSideRearParking Districtm Height Coverage (St. Ft.) WidthSetbackSetbackSetbackSpaces (%) RS-2020,000100’25’35’ & 10’ 25’25’35%2 B.The only deviation from the development standards are the requested street setback variances. The minimum distance a structure can be located from the street property lines (to the south and west) is 25 feet – the applicant is requesting a reduction of street setbacks and proposes to build the new home 10 feet from these property lines. C.Development standards for the RS-20 zone require 25-foot street setbacks from all property lines adjacent to City Rights-of-Way regardless of whether or not they are Hilliard Street Setback Variances File Number: V-2007-84 th developed as streets. 156 Street SW, to the south of the property, is undeveloped. th 75 Place west, to the west of the property, serves to access property to the west. D.This is a “corner” lot, which means it has two “street” setbacks and two “side” setbacks. E.The combined “side” setbacks in the RS-20 zone must be at least 35 feet. The proposed lot line adjustment was submitted to remedy this issue. F.The applicant has re-designed the project so that a height variance is no longer necessary. G.The applicant must prove that all development standards are met through the building permit process. 2. A.ECDC 18.45.020.B states, B.The applicant is attempting to retain as many trees as he can, and in doing so, is requesting two street setback variances. 3. C.ECDC 23.40.280 requires buildings and structures to be set back a distance of 15 feet from the edges of all critical area buffers, or from the edge of all critical areas (if no buffers are required). D.ECDC 23.80.070.A.2 allows for the alteration of a landslide hazard area, if a hazards analysis by a qualified professional (geotechnical engineer) is submitted that certifies that the project can be accomplished safely and pursuant to ECDC 23.80.070.A.2 and 3. E.ECDC 23.90.040.C requires the retention native vegetation (30 percent minimum) for properties in the RS-20 zone; a vegetation management plan is required, which will provide increased protection of wildlife habitat throughout the Edmonds jurisdiction. F.The applicant will need to submit a vegetation management plan and a geotechnical report by a qualified professional with the building permit application to ensure compliance with the Critical Areas Ordinance (ECDC Chapter 23). 4. ECDC 20.85 states that an applicant may request a variance from the standards of this chapter pursuant to the procedures set forth in ECDC 20.85. This chapter also sets forth the mechanism whereby a provision of the code may be varied on a case-by-case basis if the application of the provision would result in an unusual and unreasonable hardship. ECDC 20.85.010 contains the findings that must be made in order for a Variance application to be approved. According to the aforementioned code section, The findings are as follows: Hilliard Street Setback Variances File Number: V-2007-84 A.The Applicant has submitted a Criteria Statement explaining why they believe they should be granted the proposed variances (Exhibit 4) and staff agrees with these arguments. B.The applicant has already once received variance approval for this application, which has since expired and is what has necessitated this application (Exhibit 10). th C.There have been variances approved for several other properties along 75 Place West, and many of these were approved for the same reason (slope and right-of-way width) (Exhibit 11). D.There is a steep slope on the property, and the new house is proposed at the toe of the slope. E.The design of the proposed house is shown on the elevation drawings (Exhibit 6). F.No views are known to be blocked by this proposal, due to the location of this house at th the toe of the slope and on the east side of 75 Place West. G.On July 13, 2006, the Edmonds Hearing Examiner approved the two street setback variances with the following conditions (Exhibit 10, pages 11-12 ): 1. 2. 3. Hilliard Street Setback Variances File Number: V-2007-84 4. 5. 6. 7. 8. 9. H.A lot line adjustment has been filed with the City and approved, however it has not yet been recorded (Exhibit 9). The lot line adjustment would ensure that the minimum side setbacks are met for the RS-20 zone (a total of 35 feet combined for a corner lot). I.One other way for the applicant to meet the 35-foot combined setback rule is file a “lot combination” application with the City of Edmonds which would dissolve the interior (northern) northern property line. J.Nothing has changed since the original approval of the variance (except that the applicant reduced the height of the proposed new home). K.In the past, it was concluded that the proposed home is of modest size compared to other homes in the neighborhood (Exhibit 10, page 7 items 10 and 11). L.Staff agrees with all of the previous conclusions made for this project (Exhibit 10). M.No public comments have been received to date. XII.CONCLUSIONS: 1. – Special circumstances exist on the property, specifically the steep and wooded slope that encumbers most of the north and eastern portion of the property providing a very small building envelope at the toe of the slope (subject to a geotechnical engineer’s review and approval). 2. – The applicant has received variance approval for this same project in the past, which required that he prove that all six variance criteria were met. This is an example of how granting a variance would not be a grant of special privilege. Also, several street th setback variances (for similar reasons) have been approved along 75 Place West in North Edmonds. Hilliard Street Setback Variances File Number: V-2007-84 3. – See Section IX of this report for a discussion on consistency with the Comprehensive Plan for the City of Edmonds. Specifically, the retention of trees is encouraged, minimizing grading is encouraged, and the preservation of views is encouraged. This proposal is consistent with several of the goals of the Comprehensive Plan. 4. – See Section XI of this report for a discussion on consistency with the criteria given the Zoning Code of the City of Edmonds. If the proposed Variance is approved, then the use will be consistent with the Zoning Ordinance. – Staff feels that this proposal does not appear to be detrimental, and in 5. fact, it provides for an overall better design of the site. No views appear to be blocked, and the project is sited as far away from the toe of the slope as possible. 6. – Staff feels that the street setback variances are the minimum necessary to site a new single-family home on this property, while keeping as far back from the toe of the slope as possible, and to comply with other codes. Also, this home appears to be small in scale compared to other homes in the neighborhood. 7.The proposed development would be consistent with the surrounding zoning and development if a lot line adjustment were recorded (Exhibit 9) or a lot combination was completed. 8.Because nothing has changed since the original approval, staff feels that the original conditions of approval should be upheld (Exhibit 10, pages 11-12). 9.This application for two street setback variances must stand on their own and are reviewed on their own merits; however, the previous approval and analysis should be reviewed and taken into consideration because nothing has changed since the original approval (Exhibit 10). XIII.RECOMMENDATIONS: Based on the analysis and attachments to this report, staff recommends APPROVAL of both of the street setback variances with the following conditions: 1.The street setback variances apply to the current proposal. 2.Concrete slabs or structures are not permitted within city right-of-way. 3.The applicant should maintain a greater than ten-foot setback to the streets if it can safely be allowed given any geotechnical considerations. 4.Side setbacks to the north and east property lines must add up to a total of 35 feet when added to the street setback opposite them. To do this, either: a.Record the approved lot line adjustment map (file LL-2007-69), or b.Apply for a lot combination to combine both of your parcels into one large lot. 5.Approval of this variance does not imply compliance with the Environmentally Critical Areas Chapters, Edmonds Community Development Code Chapters 23.40 to 23.90. The applicants shall meet the requirements of the Environmentally Critical Areas Chapters by doing the following: a.A geotechnical report is required to demonstrate how the proposed development complies with the Landslide Hazard requirements of Edmonds Community Development Code Chapter 23.80. b.To meet the requirements of the Fish and Wildlife Habitat Conservation Area in ECDC 23.90, the applicant shall submit a tree cutting and clearing plan with any development Hilliard Street Setback Variances File Number: V-2007-84 permit. Tree cutting and clearing of native vegetation shall be limited to the footprint of development. 6.Meet the Engineering Division Requirements, including: a.The minimum depth of the driveway from garage to the property line must be 20 feet from the most restrictive point to allow for parking without encroaching into City right-of- way. b.The minimum driveway slope shall not exceed 14 percent. c.Install a five-foot walkway along the frontage of the property. 7.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. 8.The applicant must obtain a building permit. 9.The applicant must comply with all the terms of future permits. 10.The permit shall be transferable. 11.The owner must act on the approved variance within one year from the date of approval or the variance shall expire and become 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. XIV.PARTIES OF RECORD: Ron & Susan Hilliard Planning Division rd 20831 23 Avenue West Public Works Department Lynnwood WA 98036 XV.EXHIBITS: 1.Staff Report 2.Zoning & Vicinity Map 3.Land Use Application 4.Criteria Statement 5.Site Plan 6.Building Elevations 7.Traffic Impact Analysis 8.Public Notices and Affidavits 9.Lot Line Adjustment Map (LL-2007-69) 10.Hearing Examiner’s Decision for file V-2006-52/53 (2006) th Place West that have received variance approval 11.Map of properties along 75 12.Memo from the Engineering Division Hilliard Street Setback Variances File Number: V-2007-84