V-15-87.pdfEXHIBIT 2 FIL:,.F' 4.
CITY OF EDMONDS DATEFEE,
HEARING EXAMINER
RE C Tk,
APPLICATION FOR VARIANCE APO'S k�
HEARING DATE:
APPLICANT James H. DeYoung ADDRESS 18409 64th AVe.NE
CITY & ZIP Seattle, Wa. 98155 PHONE 485-1148
INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Owner
LOCATION OR ADDRESS OF PROPERTY 167 76th Ave, W. , Edmonds
LEGAL DESCRIPTION OF PROPERTY Lot 8, Replat of Brookacres
VARIANCE REQUESTED:( Height
FOR OFFICE USE ONLY: USE ZONE
ZONING ORDINANCE REQUIREMENT
Release/Hold Harmless Agreement
The undersigned applicant, his heirs and assigns, in consideration for
the City processing the application agrees to release, indemnify, defend and
hold the City of Edmonds harmless from any and all damages and/or claims for
damages, including reasonable attorneys' fees, arising from any action
or inaction is based in whole or in part upon false, misleading or incomplete
information furnished by the applicant, his agents or employees.
Permission to Enter Subiect Propert
The undersigned applicant grants his, her or its permission for public
officials and the staff of the City of Edmonds to enter the subject property
for the purpose of inspection and posting attendant to this application.
Signature of Applicant, owner or
Representative U
DECLARATIONS OF APPLICANT
Please answer all questions
1. What are the physical characteristics, (i.e. topography, shape
of lot, etc.) which create a hardship for you in regard to
development of your property?
_Small size lot with a stAep slope.
2. How does your property differ from other property in the same
vicinity?
Some lots in this tract have steep slopes and some lotshave
level areas for building. Two lots in this tract have been
ranted variances for height.
3. Will this variance be detrimental to the public or damaging to
other property or improvements in the vicinity?
No
4. What hardships will result to you if the variance is not granted?
Will these hardships have been caused by your own action?
S. Can you make reasonable use of your property without the variance?
JAMES H. DE YOUNG
18409 64th Avenue Northeast
Seattle, Washington 98155
April 20, 1987
City of Edmonds
Planning Department RE: Variance Request
Edmonds, WAshington 98020 Lot 8, Brookacres Estates
Sirs:
The following statements address the items of the variance criteria:
A. Lot 8 Brookacres Estates is located in a Planned Residential Development
Plat. The size and shape of the lot restricts the location where a residence
can be placed on the lot. The lot has topographical problems because of
the steep slope. From the highest point to the lowest point the slope is 22
feet. The south center portion of the lot is wet which also reduces the
size of the buildable area on Lot 8.
B. Lots 4,5,6 and 9 in the Plat of Brookacres Estates have either had height
variances or would have had to be built with a variance under the height
limitation now in effect.
C. This custom designed home is planned to harmonize with it's surroundings.
It is curved to blend with the roadway and to provide privacy from the road-
way. The style of this house minimizes a "walled in" effect that other
homes in the area have created.
D. The variance request is consistent with 16:10:00 of the Residential Zones
Ordinance i.e. it does not block a view of any existing or future homes
and blends into it's surroundings and will upgrade the economic values in
the area.
E. The variance that is requested will not obstruct any views from adjacent
lots that would not be lost without the variance. The residence on Lot
1, Brookacres Estates is the only residence that is directly affected and
it is a one -level rambler style house that presently has no existing view
through Lot 8, Brookacres Estates. The house proposed by the applicant
comes as close as possible in terms of value to the surrounding homes.
F. Several plans were prepared but lacked the aesthetics we were seeking.
The architect feels this is the minimum variance we can work with in order
to make the residence comparable in size and value to others in the immediate
area.
We appreciate your consideration of the facts that we have stated herein in
your evaluation of our request for this variance.
Very truly yours/,
James H. DeYoung
Owner
'1XII&I T�11
C I N T E R - 0 F �R:C:E: �CO R �RE S �PO �ND E �NC E�
Ory McComas - Fire M.
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TO
Duane Bowman
FROM
111-1119
V-15-87 VARIANCE TO EXCEED PERMITTED HEIGHT LIMIT (25/)
BY 9/ FOR PROPOSED RESIDENCE AT APPROXIMATELY
16628 -76TH AVENUE W. (LOT 8, BR0OKACRES\ (R5-12/PRD)
HEARING DATE: MAY 7, 1987
PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN
APRIL lO, 1987.
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City of Edmonds
TER.OFFICE CORRESpopinnir-ra
ary McComas Fire M.v'
obby Mills P.W.
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SUBJECT
DuaneBowman
FROM
DATE
V-15-87 VARIANCE TO EXCEED PERMITTED HEIGHT LIMIT (25')
BY 9' FOR PROPOSED RESIDENCE AT APPROXIMATELY
16628 -76TH AVENUE W. (LOT 8, BROOKACRES) (RS-12/PRD)
HEARING DATE: MAY 7, 1987
PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN
APRIL 10, 1987.
THANKS.
MAR 2 7 1987
EDMONW� PRE 1)+�--'PT,,
3/26/87
�dry McComas - Fire M.
6����� ~�"�| Edmonds �-��Q��� ���� �������������s
INTER -OFFICE CORRESPONDENC`��
,obby
ills - P.W.
|dO Smith/Jerry HaUth - Eng.
TO
Duane -Bowman
FROMDATE
3/2h/87
V-15-87 VARIANCE TO EXCEED PERMITTED HEIGHT LIMIT /25/\
BY 9/ .
FOR PROPOSED RESIDENCE AT APPROXIMATELY
10628 -75TH AVENUE W. /LOT 8, 8ROOKACRE3\ /R3-12/PRD\
HEARING DATE: MAY 7, 1987
PLEASE RESPOND WITH YOUR COMMENTS NO LATER THAN
APRIL 10, 1987,
THANKS.
D0
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ADJACENT PROPERTY OWNERS LIST
David Teo
16600 76th Ave. West
Edmonds, Wa. 98020
Gordon Culp
16608 76th Ave. West
Edmonds, Wa. 98020
Lot 7 Replat of Brookacres
Arthur S. Robinson
16710 76th Ave. West
Edmonds, Wa. 98020
Kenneth Long
14730 24th Ave. SE
Bothell, Wa. 98011
On my oath, I certify that the names and addresses provided represent
all properties located within 80 feet of the subject property.
. Signature of Applicant or Applicant's Re,0resentative
Subscribed and sworn to, -before me this 'LL day of 19J
Notary Public in and f 0 r h e Sta' of Washington
Residing at
riii'l iiiii�l ............ iq� 1111im-
ill l: I III lill ill �, I
San _4 111 1111111111 '11�1111 I
WILL HOLD A PUBLIC HEARING
1 A
65 1 D a 19 , ON THE FOLLOWING APPLICATION:
Nov 7.
1
FILE NO.
W W1 IT
PROPERTY ADDRESS AND LOCATION
t�_vfr s 1912,0-
THE HEARING WILL BEGIN AT -7-00'96 &M., IN THE PLAZA MEETING ROOM, LIBRARY
BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. IF YOU WISH TO COMMENT ON THIS PROPOSAL,
YOU MAY COME TO THE HEARING AND SPEAK. YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS
WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE PLANNING
DEPARTMENT AND INCLUDE -THE ABOVE FILE NUMBER.
IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR
FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY
AT THE MEETING.
ADDITIONAL INFORMATION MAY BE OBTAINED AT THE PLANNING DEPARTMENT, 250 FIFTH AVENUE
NORTH, EDMONDS (PHONE 771-3202, EXTENSION 252).
THE REMOVAL, MUTILATION, DESTRUCTION, OR
WARI'm ri %aCONCEALMENT OF THIS NOTICE BEFORE THE DATE
■ OF THE HEARING IS A MISDEMEANOR PUNISHABLE
BY FINE AND IMPRISONMENT.
THIS NOTICE MAY BE REMOVED AFTER 01 0/,# /??7!
rr.' " r
AFFIDAVIT OF POSTER
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
Ray Johnson
and says:
That on the 24th day of
April
FILE NO. V-15-87
APPLICANT James DeYoung
being first duly sworn, on oath, deposes
1987 , the attached
Notice of Public Hearing was posted as prescribed by Ordinance, and in any event,
in the Frances Anderson Center and Civic Center, and where applicable on or near
the subject property.
Signed
Subscribed and sworn to before me this day of
19_�.
Notary Public in and for the State of
Washington.
Residing at
MY COMMISSION EXPIRES AAA Q
FILE NO.
APPLICANT
AFFIDAVIT OF MAILING
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
V-15-87
James be Young
Susan Painter
being first duly sworn, on oath
deposes and says:
That on the 24th day of April ,19 87 the attached
Notice of Public Hearing was mailed as required to adjacent property owners,
the names of which were provided by the aoolicant.
Signed �G�GyL�✓
Subscribed and sworn to before me this_ _day of
19''�—.
Notary Public in and for the
State of Washington.
Residing at
MY COMMISSION EXPIRES 6.16-89
��
�
THIS PACKET SENT TO HEARING ~�
EXAMINER ON MAY 1, 1987
EXHIBIT LIST
V-lS-87
EXHIBIT I - STAFF REPORT
EXHIBIT 2 - APPLICATION/DECLARATIONS
EXHIBIT 3 - SUPPLEMENTAL DECLARATIONS
EXHIBIT 4 - BUILDING ELEVATIONS
EXHIBIT 5 - PLAT OF BROOKACRES
EXHIBIT 6 - SITE PLAN
Due to the 5iZ8 Of Exhibits 7 - 10, they will be available f0r viewing
at the hearing
EXHIBIT 7 - CROSS-SECTION OF BUILDING
EXHIBIT 8 - PHOTOGRAPH OF LUT WITH PROJECTED FRONT SILHOUETTE
EXHIBIT Q - PHOTOGRAPHS OF OTHER BUILDINGS IN BRO0KACRES
EXHIBIT 10 - SITE ANALYSIS
EXHIBIT 1
STAFF REPORT TO THE HEARING EXAMINER
FILE: V-15-87
HEARING DATE: May 7, 1987
I. REQUESTED ACTION:
Variance to exceed the permitted 25' height limit by 8' for a
proposed residence on Lot 8 of Brookacres Planned Residential
Development.
II. APPLICANT/OWNER:
James DeYoung
18409 64th Avenue Northeast
Seattle, WA 98155
III. LEGAL DESCRIPTION:
See Exhibit 2
IV. STAFF FINDINGS AND CONCLUSIONS:
A. Description of the Subject Property and Surrounding Area
The subject property is located within the Planned
Residential Development (PRD) of Brookacres. The subject
lot is located northwest of the bridge in the PRD. It is
undeveloped.
The lots within the Brookacres PRD are designed as building
pads. The subject.lot, Lot 8, slopes steeply to the south.
Further to the south in the common area is a small stream.
Surrounding development is entirely single family
residential.
B. Official Street Map
Proposed R/W Existing R/W
East - 76th Ave. W. 40'-50' 60'
Access Road (Private) 30'
C. Conformance to Chapter 20.85.010
1. Special Circumstances
Special circumstances appear to exist in this
particular case. The lot slopes steeply away from from
the street.
Staff Report
V-15-87
Page 2
2. Special Privilege
Based upon the circumstances of the lot, the proposed
variance does not appear to represent a grant of
special privilege.
3. Comprehensive Plan
The Comprehensive Policy Pian map designates the
subject property as Low Density Residential.
As conditioned, the proposed variance does not appear
to conflict with the purposes of the Comprehensive
Plan.
4. Zoning Ordinance
The subject property, as well as the surrounding
properties, is zoned PRD/RS-12. The surrounding
properties are zoned RS -12.
The proposed variance does not appear to conflict with
the purposes of the zoning ordinance or the RS -12 zone
district.
5. Not Detrimental
As conditioned, the proposed variance does not appear
to pose any significant impact to the public or to any
near by private property or improvement.
6. Minimum Variance
As conditioned, the requested variance does appear to
represent a minimum variance request.
V. STAFF RECOMMENDATION:
Staff recommends approval of V-15-87, subject to the following
conditions:
1. The variance not exceed eight feet in height.
2. The variance is for the submitted building design shown in
Exhibit 4.
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REGISTERED
ARCHITECT
MLIAM BASTIDA Tm 1
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24 Rh AVE. N. ® EDMONDS, WASHINGTON 98020 - (206) 7713202
HEARING EXAMINER
FINDVii` CS AND DECISION
09 THE HEARING EXAMINER OF THE
CITY OF EDMONDS
R to cl , I le E! rD
14AY 26 lid/
PLANA44GNOEPPIEN
MAYOR
IN THE MATTER CI? TUE APPLICATION OF FILE; V-15-87
JAMES DeYOUNG YOR APPROVA5 OF A
VARIANCE
DECISION: The variance is granted subject to the
conditions listed.
TNTRODUCTION
James DeYoung, 18409 - VQQ Avenan N.E., Seattle, Washington, 98155t
(hereinafter referred lo an Applicant) has requested a variance to
exceed the pefmitted 25 -foot height limit by 8 feet for a proposed
residence located on Loin 2 of the Brookacres Planned Residential
Development, in Lbe My A Edmonds, Wmshington.
A hearing on the request was held before the Hearing Examiner of the
City of Edmonds, washAqu.gin , on May 7, 1987.
At the hearing the following presented testimony and evidence:
Duane Bowman
Planning Dept,
City of KnOnT,
Edmonds, WA 98G20
William boshida
PO DON 119
Mercer Taland, WA 98040
James De Young
18409 64th Ave. N.E.
Seattle, WA 98155
At the hearing the folAwing exhibits were submitted and admitted as
part of the official record of this proceeding:
Exhibit I - StaTf RePOvk:
2 - Application/DeAnrations
3 - Supplemental Declarations
4 - Building Elevations
5 Plat of Brookacres
6 site Warl
7 cross-section of Building
8 Photograph of Lot with Projected
Front Silhouette
Ii Pi r, rn ca ira rn in tvrr. ri a, i i r% a i rwr i i - i R Q n
HEARING EXAMINER RE:
Exhibit 9 -
it 10
V-15-87
Photographs of Other Buildings in
Brookacres
Site Analysis
After due consideration of the evidence presented by the Applicant;
evidence elicited during the public hearing; and, as a result of the
personal inspection of the subject property and surrounding areas by
the Hearing Examiner, the following Findings of Fact and Conclusions
constitute the basis of the decision of the Hearing Examiner.
FINDINGS OF FACT
1. The Applicant has requested a variance to exceed the permitted
25 -foot height limitation for a proposed residence on Lot 8 of
Brookacres Planned Residential Development (PRD) in the City of
Edmonds, Washington. (Staff report.)
2. The,subj,eet property is located within the PRD of Brookacres
which_ is off 76th Avenue West, Edmonds, Washington. Brookacres
is -a PRD of 12 lots. The subject property is Lot 8 and it is
adjacent to a stream that runs through the PRD. A copy of the
plat map of the PRD is attached hereto. (Exhibit 5.)
3. The lots within the Brookacres PRD are designed as building
pads. The subject property, Lot 8, slopes steeply to the
south. As a result of this steep slope and the limited
building pad, the Applicant is limited in the development of
the lot because of the height restrictions. (Bowman testimony.)
4. The subject property is zoned PRD/RS-12. The Edmonds Community
Development Code (ECDC) 16.20.030 establishes 25 feet as the
maximum height for buildings in this particular zone. It is
from this section of the ECDC that the Applicant seeks a
variance. (ECDC.)
5. In order for a variance to be granted within the City of Edmonds
the criteria as set forth in ECDC 20.85.010 must be satisfied.
These criteria include:
A.
Because of special circumstances
relating to the property,
the 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.
B.
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.
The approval of the variance will
be consistent with the
Comprehensive Plan of the City of.
Edmonds.
D.
The approval of the variance will
be consistent with the
purposes of the zoning ordinance
and the zone district in
-2-
HEARING EXAMINER RE: V-15-87
which the property is located.
.E. 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.
F. The requested variance is the minimum necessary to allow
the owner the rights enjoyed by other properties in the
vicinity with the same zoning.
(ECDC.)
6. As noted in previous Findings, steep slopes exist on site. From
the highest to the lowest point of Lot 8 the slope is 22 feet.
Without a variance the lot cannot be developed in a manner that
will be similar to the appeared height of other residences in
the PRD. (Bastida testimony.)
7. Other lots in the PRD have been granted height variances.
Because of the steep slopes and limited area, the granting of a
variance will not be the grant of a special privilege to the
Applicant. (Exhibit 2.)
8. The Comprehensive Policy Plan Map of the City of Edmonds desig-
nates the subject property as Low Density Residential. The
requested variance is consistent with the purposes of the
Comprehensive Plan in that it will provide a livable
single-family residence in the area. (Staff report.)
9. As noted, the subject property is zoned PRD/RS-12. The variance
will be used for a single-family residence and will not create
impacts to other properties in the area. (Exhibit 3.)
10. No views will be obstructed if the variance is granted.
(Exhibit 3.)
11. The Planning Department of the City of Edmonds has recommended
approval of the variance subject to the following conditions:
1. The variance not exceed eight feet in height.
2. The variance is for the submitted building
design shown in Exhibit 4.
(Exhibit 4 is attached hereto.) (Staff report.)
CONCLUSIONS
1. The application is for the approval of a variance to exceed the
25 -foot height limit by an additional 8 feet for a residence on
Lot 8 of the Brookacres PRD which is located on 76th Avenue
West in the City of Edmonds, Washington.
-3-
i1EARiNG EXAMINER RE:
2. In order for a variance to be granted in the City of Edmonds the
criteria as set forth in ECDC 20.85.010 must be satisfied. A
review has been made of the criteria and with conditions the
application satisfies these criteria.
3. Special circumstances exist for the granting of a variance.
Because of the limited building area, the steep slope and the
location of lot 8 within the PRD, special circumstances do
exist for the granting of a variance.
4. The granting of the variance will not be the grant of a
special privilege to the Applicant. The variance will allow
the lot to be developed in a manner similar to other properties
in the area.
5. The requested variance is consistent with the Comprehensive
Policy Plan of the City of Edmonds and the Low Density
Residential designation.
6. The requested variance is consistent and does not conflict with
the purposes of the PRD/RS-12 zone. The variance will be used
for a single-family residence and will not be detrimental to
other properties in the area.
7. With conditions the requested variance will not pose any
significant impact to the public, nor to nearby private
properties or improvements.
8. The requested variance is the minimum necessary for the develop-
ment of the property.
DECISION
Based upon the preceding Findings of Fact and Conclusions; the
testimony and evidence submitted at the public hearing; and, upon
the impressions of the Hearing Examiner at a site view, it is hereby
ordered that a height variance is granted for Lot 8 of Brookacres
PRD in the City of Edmonds, Washington. This variance is granted
subject to the following conditions:
1. The height variance shall not exceed eight feet. The maximum
height for a structure shall be 33 feet.
2. The variance for the residence shall be the same as that
as submitted in the building design as depicted in Exhibit 4.
3. The variance shall be recorded with the Snohomish County
Auditor.
-4-
HEARING EXAMINER RE: V-15-87
Entered _this�20th day of May, 1987, pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code of the City of Edmonds.
r
0
64
S M. DRISCOL
ing Examiner
NOTICE OF RIGHT TO APPEAL
Written appeals alleging specific error of fact or other grounds for
appeal may be filed with the Planning Department, City of Edmonds,
Civic Center, Edmonds, Washington, 98020, within fourteen days of
the date of the Hearing Examiner's final action.
In this matter any appeal must be received by the Department prior
to 5:00 p.m. on June 4, 1987.
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PLEASE PRINT YOUR NAME AND ADDRESS BELOW IF YOU WISH TO SPEAK ON THIS
ITEM AND/OR WISH TO RECEIVE A COPY OF THE HEARING EXAMINER'S FINDINGS
OF FACT
V-15-87 JAMES DEYOUNG
Variance to exceed the permitted 25' height limit by 8' for a
proposed residence on Lot 8 of Brookacres Planned Residential
Development.
NAME
j' �
I/ g M Q s 1) -0- o c4 ,,, y
ADDRESS
/ �,(a 9 C� %J"e
S e Ct (-( C( ff ! 5S'
NOTICE OF VARIANCE APPROVAL
The following described property has been granted a variance, under
Edmonds file #V-15-87, by the Edmonds Hearing Examiner:
Lot 8 of the Replat of the Plat of Brookacres, as recorded in Volume
40 of Plats, Pages 179 through 181, records of Snohomish County,
Washington.
The variance is granted is subject to the specific plans presented as
approved by the Edmonds Hearing Examiner. The specific variance and
conditions of approval are:
A variance to allow a proposed new residence to exceed the permitted
25' height limit by eight feet.
1. The height variance shall not exceed eight feet. The maximum
height for a structure shall be 33 feet.
2. The variance for the residence shall be the same as that as
submitted in the building design depicted in Exhibit 4.
3. The variance shall be recored with the Snohomish County Auditor.
DONE and DATED this 12th day of August, 1987
L -
Vay
y gh
Attest:
Jac�neett
City Clerk
NOTVAR/HEVARSR