Resolution 1337RESOLUTION NO. 1337
A RESOLUTION OF THE CITY OF EDMONDS,
WASHINGTON, ACCEPTING THE HEARING
EXAMINER'S RECOMMENDATIONS REGARDING
THE PROPOSED SEPTEMBER IITH MEMORIAL
(PLN20150017) AND ADOPTING THE HEARING
EXAMINER'S FINDINGS AND CONCLUSIONS AS
THE CITY COUNCIL'S OWN.
WHEREAS, the hearing examiner conducted an open record hearing regarding a
proposed memorial to those who lost their lives on September 11, 2001; and
WHEREAS, on June 12, 2015, the hearing examiner adopted findings and
conclusions and made a recommendation to the city council, all of which are contained in
Exhibit A, which exhibit is attached hereto and incorporated herein by this reference as if
set forth in full (hereinafter, the "Recommendation"); and
WHEREAS, the city council, after conducting a closed record review on July 7,
2015, agrees with the hearing examiner's Recommendation and would like to adopt the
Recommendation as its decision on the matter;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The city council hereby adopts the Recommendation of the hearing
examiner as its own findings of fact, conclusions of law and decision on application
PLN20150017. The proposal set forth in PLN20150017 is hereby approved.
RESOLVED THIS 21St DAY OF JULY,
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ATTEST:
CI CLERK, CO I' 'SEY
FILED WITH THE CITY CLERK: July 17, 2015
PASSED BY THE CITY COUNCIL: July 21, 2015
RESOLUTION NO. 1337
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CITY OF EDMONDS
121 51h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 a Web: www.edmondswa.Rov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
BEFORE THE HEARING EXAMINER FOR THE CITY
OF EDMONDS
Phil Olbrechts, Hearing Examiner
RE: 9/11 Memorial FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
(PLN20150017) RECOMMENDATION.
INTRODUCTION
The applicants have applied for a setback variance to enable the installation of a 9/11
memorial monument and relocation of an existing sculpture within the 20-foot front
yard setback of Fallen Firefighter Memorial Park, located in front of the fire station at
275 6th Avenue S.. The memorial monument will be comprised of a one -ton steel
beam recovered from ground zero of the World Trade Center attacks on September
11, 2001. Installation of the memorial will necessitate relocation of an existing
sculpture honoring firefighter Captain Bill Angel within the front setback as well.
The sculpture and monument will be located 15 feet from the street property line.
It is recommended that the City Council approve the variance request. The Park is
almost completely encumbered by setbacks and there is no place to locate the
memorial without a setback encroachment. The Park itself is an ideal location for the
memorial as it already serves to memorialize a fallen firefighter, it is readily
accessible to the public and it is located in front of a fire hall and close to downtown
and the public safety building. The proposed location was selected as the result of an
intense national and local review process of proposed locations for the memorial.
Variance p. 1 Findings, Conclusions and Recommendation
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City engineering staff have reviewed the variance request and found no traffic hazard
associated with the request.
ORAL TESTIMONY
Sean Conrad, City of Edmonds planner, summarized the staff report. The only part of
the Memorial Park that isn't within a setback is a small area within the park that is not
large enough to accommodate the proposed memorial.
Dave Erickson, firefighter, explained that the reason had to be placed in front of the
fire hall in order to receive the artifact from the New York/New Jersey Port
Authority. The applicants were awarded the artifact through a national competitive
process and the award was based upon the proposed location. One of the criteria for
award were that it had to be accessible without fee to the public.
Carrie Hite, Edmonds Parks, noted that Mr. Erickson had met with her several times
to determine what would be the best location. Siting had been discussed amongst
several cities and the proposed Edmonds site was found to be most ideal because it's
already a memorial site for a fallen firefighter and is located in front of a fire hall.
Kathy Lambert, Edmonds engineering, testified that the engineering department had
reviewed the proposal for public safety and found no impairment of site distance by
the setback encroachment. During building permit review engineering will do added
review for site distance safety.
EXHIBITS
The May 21, 2015 staff report along with its 6 attachments were admitted into the
record as Exhibit 1 at the hearing. All references to "att." in this decision are
referring to the attachments of the staff report. The staff power point was admitted as
Exhibit 2.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is the Firefighters of Local 1828 and Snohomish
County Fire District #1
2. Hearing. The Hearing Examiner conducted a hearing on the application
on May 28, 2015 at 3:00 p.m. at the Edmonds Public Safety Complex in the Council
Chambers.
Substantive:
Variance p. 217indings, Conclusions and Recommendation
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3. Site/ProposaI Description. The applicants have applied for a setback
variance to enable the installation of a 9/11 memorial monument within a 20 foot
front yard setback of Fallen Firefighter Memorial Park, located in front of the fire
station at 275 0'11 Avenue S.. The memorial will be comprised of a one -ton steel beam
recovered from ground zero of the World Trade Center attacks on September 11,
2001. The steel beam will be flanked by two building silhouettes constructed of
stainless steel and glass. A diagram of the proposed monument is attached to the staff
report (Attachment 2). The existing sculpture in the park honoring Edmonds Fire
Captain Bill Angel will be moved to the east approximately 20 feet to accommodate
the 9/11 memorial. This sculpture, once moved, will also be within the setback and
therefore is considered part of the proposal. The proposed monument and the existing
sculpture honoring Captain Bill Angel would be located approximately 15 feet from
the street property line and within the 20-foot street setback. A Residential zoning
district is located immediately west of the fire station, thereby requiring a 25-foot
setback. The proposed structure maintains 25-foot setbacks from the residentially
zoned property.
4. Characteristics of the Area. The proposed location of the 9/11 Memorial
monument is within a small, special use park, located on the north end of the public
safety complex property. The Fallen Firefighter Memorial Park is located
immediately north of Fire Station # 17. The location of the park is at the corner of two
streets, 6th Avenue North on its east side and Sprague Street on its north side. East of
the park, across 6th Avenue North, is public property developed with a track and
grand stands, skate park and Boys & Girls Club. North and east of the park are
residential homes developed in multifamily housing buildings such as a tri-plex and
four-plex. The zoning for the residential properties is a multi -family residential zone
(RM-1.5). The location of the memorial and the property to the east are zoned for
public use (P) (Attachment 3).
5. Adverse Impacts. There are no adverse impacts associated with the
proposal. The primary issue of concern would be traffic safety and Edmonds
engineering staff has determined that the proposed encroachment into the front yard
setback of the park will not impair traffic site distance or otherwise create a traffic
hazard. As a memorial of limited bulk and dimension the encroaching structure will
not significantly disrupt the passage of light and air or create any aesthetic
incompatibilities with adjoining public and multi -family uses.
6. Necessity for Variance. The need for the setback variance arises out of the small
size and location of the Fallen Firefighter Memorial Park. As shown in the 8th slide
of the staff power point presentation, Ex. 2, there is only a small area in the entire
Fallen Firefighter Memorial Park that is not encroached by setbacks. The proposed
memorial would not fit in this area. The proposed location is also necessary to
maximize public visual access to the memorial, as it places the memorial near street
frontage. The current use of the park as a memorial for a fallen fighter, its
Variance p. 317indings, Conclusions and Recommendation
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accessibility to the public and its location in front of a fire hall all make it an ideal and
unique location for the memorial. As testified by Mr. Erickson, these factors were the
reasons the New York/New Jersey Port Authority awarded the memorial to the City
of Edmonds. In addition to the national review process conducted by the Port
Authority, the City of Edmonds itself has spent three years reviewing potential
locations and found the proposed site to be the most ideal for the proposed memorial.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ECDC 20.85.020 provides the Hearing
Examiner with the authority to review and act upon variance applications as Type III -
A. As authorized by ECDC 20.01.002(A), the Development Services Director has
determined that the examiner's decision shall serve as a recommendation to the City
Council pursuant to ECDC 17.00.030(C).
Substantive:
2. Zoniniz Designations. The subject property is Public Use (P).
3. Review Criteria and Application. ECDC 16.80.030(A) imposes a 20 foot
front yard setback in the P zone. Since the applicants propose the placement of the
proposed memorial and the existing statute 15 feet from the adjoining street, a
variance is required. Variance criteria are set by ECDC 20.85.010, quoted below and
applied through corresponding conclusions of law.
ECDC 20.85.010: No variance may be approved unless all of the findings in this
section can be made.
ECDC 20.85.010.A(1) — Special Circumstances: That, 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.
a. Special circumstances include the size, shape, topography, location or
surroundings of the property, public necessity as of public structures and
uses as set forth in ECDC 17.00.030 and environmental factors such as
vegetation, streams, ponds and wildlife habitats.
b. Special circumstances should not be predicated upon any factor personal
to the owner such as age or disability, extra expense which may be
necessary to comply with the zoning ordinance, the ability to secure a
scenic view, the ability to make more profitable use of the property, nor any
Variance p. 417indings, Conclusions and Recommendation
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factor resulting from the action of the owner or any past owner of the same
property;
4. Special circumstances clearly support the variance application. As determined in
Finding of Fact No. 6, almost the entire Park parcel is encumbered by setbacks and
the Park itself is ideally and uniquely suited to accommodate the proposed memorial.
The limited space of the Park also serves as a special circumstance justifying the
relocation of the existing sculpture honoring Bill Angel within the front yard setback.
ECDC 20.85.010(B) — Special Privilege: That 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;
5. The proposed variance is for a highly unique and publicly significant use that can
only be accommodated under a very narrow set of locational parameters. Other public
uses meeting the same objectives and limitations would likely be authorized in the P
zone as well. No grant of special privilege is involved in this application.
ECDC 20.85.101(E) — Comprehensive Plan: That the approval of the variance will
be consistent with the comprehensive plan;
6. Additions or improvements to the Fallen Firefighter Memorial Park is anticipated
in the Parks, Recreation and Open Space (PROS) Plan adopted by City Council in
February 2014. The PROS plan is adopted by reference in the Comprehensive Plan.
ECDC 20.85.010(D) — 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;
7. The proposal is consistent with the purpose of the P zone. ECDC 16.80.000
provides that the purpose of the P zone is to accommodate the siting and development
of regional public facilities and to regulate the use of these lands to assure their
continued availability for public use. The proposed memorial enhances the public use
and appreciation for the surrounding public facilities and the individuals who dedicate
their lives to public service.
ECDC 20.85.010(E) — Not 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;
8. As determined in Finding of Fact No. 5, there are no adverse impacts associated
with the proposal. Consequently, the proposal will not be significantly detrimental to
public health, safety and welfare.
Variance p. 5Findings, Conclusions and Recommendation
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ECDC 20.85.010(F) — Minimum Variance: 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.
9. The requested variance is the minimum necessary to accommodate the
.proposed memorial and to maintain public visual access to the existing sculpture. As
shown in 81" slide of the staff power point (Ex. 2), the only area that is not encumbered
by setbacks is a small triangular area located in the back of the park. This area is not
large enough to accommodate the proposed memorial. Further, placing the existing
sculpture in this triangular area would block it from public view.
DECISION
It is recommended that the City Council approve the variance application subject to
the following conditions:
1. The installation of the 9/11 Memorial monument, relocation of the existing
sculpture honoring Captain Bill Angel, landscaping and lighting shall
substantially comply with the plans submitted with this application.
2. The Applicant shall obtain a building permit prior to installing the monument.
3. Compliance with Engineering codes and construction standards will be
reviewed with the building permit application for development of the site.
Applicant is encouraged, wherever feasible, to incorporate pervious
pavements, rain gardens and/or other low impact development techniques into
the project design.
4. The location of the monument shall be in accordance with Edmonds City
Code, 9.25, Street Obstruction and located such that the existing City utilities
may be maintained, repaired, and operated.
Dated this 12th day of June 2015.
t:
1,1 Y A. Olbrcchts
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
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of this decision as required by ECDC 20.07.004(B). Reconsideration may be requested
within 10 calendar days of issuance of this decision as required by ECDC 20.06.010.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Variance p. 717indings, Conclusions and Recommendation
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