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V-00-42 HE decision.pdfT F EDMONDSGARY HAAKENSON MAYOR 121 5TH AVENUE NORTH • Edmonds, WA 90020. (425) 771-0220 • FAX (425) 771-0221 HEARING EXAMINER rn C • 1 QFINDINGS, CONCLUSIONS AND DECISION OF THE HEARING EXAMINER CITY OF EDMONDS APPLICANT: Burt 011estad CASE NO.: V 2000-42 LOCATION: 15722 75'4 Place West APPLICATION: Variance to reduce the street setback from 25 feet to 10 feet; reduce the side setback from 10 feet to 6 feet and reduce the combined side setbacks from 35 feet to 26 feet for the construction of a 2 car garage. REVIEW PROCESS: Variance: Hearing Examiner conducts public hearing and makes final decision. MAJOR ISSUES: (1) Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030 (SINGLE FAMILY RESIDENTIAL RS -20). (2) Compliance with Edmonds Community Development Code (ECDC) Section 20.85 (VARIANCES). C1111111105 F111`Li7�t�DCK1 ►L U l l: l 1 1 i1L�7f.'I[�ll� Staff Recommendation: Hearing Examiner Decision Approve with conditions Approve with conditions After reviewing the official file, which included the Planning Division Staff Advisory Report; and after visiting the site, the Hearing Examiner conducted a public hearing on the application. The hearing on the 011estad application was opened at 10:17 a.m., April 20, 2000, in the City Hall, Edmonds, Washington, and closed at 10:25 a.m. Participants at the public hearing and the exhibits offered and entered are listed in this report. A verbatim recording of the hearing is available in the Planning Division. Hearing Examiner Decision Case No. V 2000-42 Page 2 D ►�$�_r i r11►fI K'� The following is a summary of the comments offered at the public hearing. From the City: Karissa Kawamoto reviewed the history of the project: i.e. all requested variance requests had been previously approved, but the permit for the garage had expired. All aspects of the project are unchanged, with the exception of the garage being scaled down and moved a little further back onto the property. From the Applicant: Burt 011estad spoke briefly, essentially confirming the information provided by staff. From the Community: No comments received. FINDINGS OF FACT AND CONCLUSIONS 1. Site Development And Zoning: a) Facts: (1) Land Use: The primary residence is currently undergoing a major remodel and addition project. There is a detached, one -car garage that encroaches into the City right-of-way. (2) Zoning: The subject property is located within the Single Family Residential (RS -20) zone. (3) Terrain and Vegetation: The garage is located on a small flat portion of the lot off of 75th Place West. From the garage, the lot drops steeply to the house. Beyond the house the topography drops to the west at an approximate 2H: IV (Horizontal:Vertical) toward the railroad right-of- way. 2. Neighboring Development And Zoning: a) Fact: (1) The area is primarily developed with single family residences and is zoned RS -20. a) Facts: (t) A previous owner of the property applied for similar variances in 1997 (See site plan and staff report — Exhibit A, Attachment 4, File No. V- 97-27). Street setback, side setback and combined side setback Hearing Examiner Decision Case No. V 2000-42 Page 3 reduction requests were approved. A height variance request was denied. (2) Variance approval was extended upon request by the current property owner on July 28, 1998. (3) Building permits for the home only (not the garage) were issued and work is in progress. The variance approvals pertaining to the garage expired on July 28, 1999 because permits were never applied for. (4) The owner is requesting variance approvals for a smaller garage (2 car verses a 3 car) than what originally was proposed. C. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE 1. Compliance with Residential (RS -20) Zoning Standards a) Facts: The fundamental site development standards pertaining to development in the Single Family Residential (RS -20) zone is set forth in Chapter 16.20.030. Street Setback: 25 feet Rear Setback: 25 feet per the geotechnical engineer Side Setbacks: minimum of 10 feet, combined setback of 35 feet Height: 25 feet b) Conclusion: The subject property is legally nonconforming in regards to lot width. The standard requirement is a minimum of 100 feet in width, the 011estad lot is only 50 feet wide. With the combined side setback requirement, a structure would be limited to 15 feet in width. Except for the requested setback variances, all other zoning standards will be in compliance. 3. Compliance with Requirements for a Variance a) Facts: Chapter 20.85 of the ECDC sets forth the mechanism whereby the following finding and criteria to grant a Variance must be met. The criteria are as follows: (1) Special Circumstance: Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings or of the property, the strict application of the zoning ordinance would deprive the subject property use rights and privileges permitted to other properties in the vicinity with the same zoning. (2) Special Privilege: That the approval of the variance would not be a grant of special privilege to the property in comparison Hearing Examiner Decision Case No. V 2000-42 Page 4 with the limitations upon other properties in the vicinity with the same zoning (3) Comprehensive Plan: That the approval of the variance will be consistent with the comprehensive plan. (4) Zoning Ordinance: That the approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located. (5) Non 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 same zone. (6) Minimum Necessary: 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) The applicant has submitted a letter to support the variance requests (see Exhibit A, Attachment 5). A summary is provided below: (a) (Applicant Response) "...a previous variance for setback reduction for a house/garage had been approved, (Variance # V-97-27), but had expired during the course of house construction and since the garage permit had not yet been issued..." (b) (Applicant Response) "...the setbacks being sought now are for less reduction of setbacks than that approved in the original variance." (c) (Applicant Response) "...two residences to the north were granted similar setback reduction variances for their garages." b) Conclusions: (1) The shape and topography are the special circumstances evident on the subject property. At 50 feet in width and a combined side setback of 35 feet, the buildable area is very limited. The location of the existing residence further reduces the space for a garage. The existing garage currently encroaches into the City right-of-way. The new garage would eliminate that problem, but would still be located 15 feet within the 25 foot setback requirement; i.e. 10 feet from the front property line. Hearing Examiner Decision Case No. V 2000-42 Page 5 The property is also within the Meadowdale Landslide Hazard Area. The topography is very steep with the exception of the proposed garage. The lot is so narrow that there is no room to drive along side the house and the lot is so steep that it is not possible to locate a garage in another location on the lot. (2) There is evidence to support the applicant's claim that neighbors on either side have received variance approval to locate structures within the street and side setbacks (File nos. V-80-38, V-86-31, V-85-30, V- 86-17, V-89-38). There appears to be no practical space to construct a garage without requesting variances. All of the immediate neighbors have 2 -car (or more) garages. (3) A detached garage is a permitted use within the Comprehensive plan and zoning district of the subject property. (4) The applicant is proposing to eliminate the encroachment of the existing garage into the right-of-way. The variances would not be detrimental to the public health, safety or welfare. Homes on the opposite side of 75th Place West are uphill. The applicant has not demonstrated whether the 10 -foot street setback will negatively impact any views. The garage itself is not as wide as the existing house. The height of the garage will comply with the 15 -foot accessory structure limit. (7)The eastern portion of the site is generally level and the most appropriate location for a garage since it is adjacent to 75th Place West. The 2 -car garage is shorter than the 3 -car garage that was previously approved. There does not appear to be other available locations on the property for a garage and the proposal appears to be the minimum necessary for the proposed use. 4. Technical Committee a) Review by City Departments (1) Fact: The variance application has been reviewed and evaluated by the Fire Department, Public Works Division, Engineering Division, and the Parks and Recreation Division. No comments were received. D. COMPREHENSIVE PLAN (ECDC) 1. Comprehensive Plan Designation a) Fact: The subject property is designated as Residential Single Family Large Lot on the comprehensive plan. b) Conclusion: The proposed development is consistent with the existing Comprehensive Plan Land Use designation for the site. Hearing Examiner Decision Case No. V 2000-42 Page 6 2. Comprehensive Plan Goals and Policies a) Fact: The Comprehensive Plan Residential Development -section identifies goals and policies for the City. Specific goals and policies are discussed in detail below. (1) High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. (2) Minimize encroachment on view of existing homes by new construction or additions to existing structures.. b) Conclusion: The documentation provided for the variance is consistent with the above adopted goals and policies of the City. E. COMMENTS 1. No letters were received. Based upon the foregoing findings and conclusions, the request for a variance is approved, subject to the following conditions: 1. The applicant must obtain all necessary permits prior to any construction. 2. This approval is for the construction of a detached garage only. All other structures, additions or remodels to the primary building must conform to the requirements in place at the time or obtain another variance. 3. The permit will be transferable and run with the land. Entered this 28th day of April, 2000, pursuant to the authority granted the Hearings Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. Donald B. Largen, Hearing Examiner Pro Tem The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. Hearing Examiner Decision Case No. V 2000-42 Page 7 REQUEST FOR RECONSIDERATION Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. APPEALS Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project 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. TIME FRAME 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 Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example., if a reconsideration request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. Section 20.85.020.0 states "The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration and the city approves the application." 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. The following exhibit was offered and entered into the record. A. Planning Division Advisory Report Hearing Examiner Decision Case No. V 2000-42 Page 8 Burt 011estad Edmonds Planning Division 15722 75cn Place West Edmonds, WA 98020