2023-02-09 Hearing Examiner Minutes2
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CITY OF EDMONDS
121 51h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
BEFORE THE HEARING EXAMINER FOR THE CITY
OF EDMONDS
Phil Olbrechts, Hearing Examiner
RE: Glacier Environmental FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISIO
Conditional Use (PLN2022-0031)
INTRODUCTION
Lauren Golembiewski on behalf of Glacier Environmental Services, Inc. has requested
approval of a conditional permit application for outdoor storage of items such as pipe,
traffic control signs/delineators, small concrete structures, pickup trucks, and cargo trailers
as an incidental use to the proposed new office and warehouse located at 7509 212th St.
SW. The application is approved subject to conditions.
SUMMARY OF TESTIMONY
Michele Q. Szafran, City of Edmonds Planner, summarized the staff report. She identified
that no public comments had been received to date. In response to Examiner questions, she
clarified that existing vegetation would be used as landscaping on the north side of the
project site. She also confirmed there would be six-foot fencing on the north end as well.
The landscaping, fencing and setbacks should serve to obscure the outdoor storage from the
sight of adjoining properties. The landscaping will be required to be sight -obscuring and
that will be verified during building permit review.
Lauren Golembiewski agreed with the staff presentation and noted that a building permit
application has already been submitted along with a landscaping plan. She noted that there
is a six foot wood fence on the north end of the property and the rest of the property will be
Conditional Use
P. 1 Findings, Conclusions and Decision
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surrounded by a chain link fence. The fence is solid wood and the vegetation on the north
end is already sight -obscuring.
No one else testified.
EXHIBITS
The following exhibit was admitted into the record during the February 9, 2023 public
hearing on the application:
Exhibit 1 Staff Report dated February 1, 2023 w/7 attachments (listed on page 9 of
the Staff Report)
FINDINGS OF FACT
Procedural:
1. Applicant. Lauren Golembiewski on behalf of Glacier Environmental Services, Inc.,
LLC., PO Box 1097, Mukilteo, WA 98020.
2. Hearing. A hearing on the subject applications was held on February 9, 2023 at 3:00
pm in the Council Chambers of the Edmonds Public Safety Complex.
Substantive:
3. Site and Proposal Description. Lauren Golembiewski on behalf of Glacier
Environmental Services, Inc. has requested approval of a conditional permit application for
outdoor storage of items such as pipe, traffic control signs/delineators, small concrete
structures, pickup trucks, and cargo trailers as an incidental use to the proposed new office
and warehouse located at 7509 212th St. SW.
4. Characteristics of the Area. The subject site and the properties located to the west are
zoned Neighborhood Business (BN). The parcels to the north and east of the subject site are
Residential Multiple -family (RM-2.4). Surrounding uses include a mix of commercial and
single- and multi -family residential uses.
5. Adverse Impacts of Proposed Use. The proposal will not create any significant
adverse land use impacts. The conditional use permit is required because of the proposed
outdoor storage so assessment of impacts is limited to the impacts of that storage. The
items proposed for outdoor storage are only associated with potential aesthetic impacts. As
depicted in the site plan, Attachment 3, the proposed outdoor storage will be completely
from view on the north end by existing vegetation, landscaping and as testified by the
Applicant, a wooden fence. It's unclear whether there is sufficient existing vegetation
and/or wooden fencing on all sides to completely obscure the storage from view, in
particular on the west side where the pervious surface at one point is only five feet wide. A
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p. 2 Findings, Conclusions and Decision
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condition of approval has been added requiring site -obscuring fencing and/or landscaping
to the extent staff finds necessary to obscure the outdoor storage from view of surrounding
properties.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ECDC 20.01.003 provides that the hearing
examiner will hold a hearing and issue a final decision on conditional use permits.
Substantive:
2. Zoning Designations. Neighborhood Business (BN) zone.
3. Permit Review Criteria. Conditional use permit criteria are governed by
ECDC 20.05.010. All applicable criteria are quoted in italics below and applied through
corresponding conclusions of law.
ECDC 20.05.010: No conditional use permit may be approved unless all of the findings
in this section can be made.
That the proposal is consistent with the comprehensive plan.
4. The criterion is met for the reasons identified in Section VIII of the staff report.
ECDC 20.05.010(B): Zoning Ordinance. That the proposed use, and its location, is
consistent with the purposes of the zoning ordinance and the purposes of the zone district
in which the use is to be located, and that the proposed use will meet all applicable
requirements of the zoning ordinance.
5. The criterion is met. The proposal meets or will meet all applicable
development standards. The proposed outdoor storage is authorized as a conditional use in
the BN zone per ECDC 16.45.000(B). Staff have found the overall design to conform to
zoning code bulk and dimensional standards as detailed in Section IX of the staff report.
Further verification of applicable zoning and all other development standards will be made
during building permit review.
The proposal also meets the purpose of the zoning code. One purpose of the BN zone is,
"To ensure compact, convenient development patterns by allowing uses that are operated
chiefly within buildings. " Additionally, pursuant to ECDC 16.40.000 the following
applicable general purposes apply to the business and commercial zones, "To provide for
areas for commercial uses offering various goods and services according to the different
geographical areas and various categories of customers they serve ", and "To require
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p. 3 Findings, Conclusions and Decision
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adequate landscaping and off-street parking and loading facilities ". These objectives are
met as the proposed outdoor storage use will be incidental to the primary use which will be
primarily operated within the proposed buildings, the use will provide various services to
the customers they serve, and adequate landscaping and off-street parking will be provided.
ECDC 20.05.010(C): Not Detrimental. That the use, as approved or conditionally
approved, will not be significantly detrimental to the public health, safety and welfare, and
to nearby private property or improvements unless the use is a public necessity.
6. The criterion is met. As determined in Finding of Fact No. 5, the proposal will not
create any significant adverse impacts, which includes impacts to adjoining property
owners.
ECDC 20.05.010(D): Transferability. The hearing examiner shall determine whether the
conditional use permit shall run with the land or shall be personal. If it runs with the land
and the hearing examiner finds it in the public interest, the hearing examiner may require
that it be recorded in the form of a covenant with the Snohomish County auditor. The
hearing examiner may also determine whether the conditional use permit may or may not
be used by a subsequent user of the same property.
7. As recommended by staff, the conditional use permit will not run with the land
and be personal to the Applicant. Since the nature of outdoor storage can vary greatly from
business to business, it is prudent to require a new review for any new business applicant.
DECISION
The conditional use permit is approved subject to the following conditions:
Approval of the conditional use permit does not constitute approval of the
improvements as shown on the submitted site plan (Attachment 3). The applicant
must apply for and obtain all necessary building permits. This application is subject
to the applicable requirements in the Edmonds Community Development Code. It is
the responsibility of the applicant to ensure compliance with the various provisions
contained in the ordinances.
2. The applicant is responsible for seeking and obtaining all required local, state and/or
federal permits or approvals applicable to the proposal.
3. Additional site -obscuring fencing and/or landscaping shall be installed as found
necessary by staff to obscure the storage from sight of adjoining properties.
Dated this 6th day of March 2023.
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p. 4 Findings, Conclusions and Decision
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Mar A.Olbrechts
City of Edmonds Hearing Examiner
Appeal Right and Valuation Notices
This land use decision is final and subject to closed record appeal to the City Council as
authorized by ECDC 20.01.003. Appeals must be filed within 14 days of the issuance
of this decision as required by ECDC 20.06.030(B). Reconsideration may be requested
within 10 calendar days of issuance of this decision as required by ECDC 20.06.140.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Conditional Use
p. 5 Findings, Conclusions and Decision