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09/04/1990 City CouncilTHESE MINUTES SUBJECT TO SEPTEMBER 18, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES SEPTEMBER 4, 1990 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Pro Tem Nordquist at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag sa- lute. PRESENT John Nordquist, Mayor Pro Tem Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember ABSENT STAFF Larry Naughten, Duane Bowman, Asst. City Planner Mayor Art Housler, Admin. Svc. Director Peter Hahn, Comm. Svc. Director Ron Schirman, Acting Fire Chief Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Pro Tem Nordquist presided over the meeting in the absence of Mayor Naughten. CONSENT AGENDA Item (B) was removed from the Consent Agenda. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEM- BER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL C4tzini (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JOHN C. SHIPLEY (AMOUNT UNKNOWN) ACCEPTANCE OF TEMPORARY EASEMENT TO PROVIDE PEDESTRIAN ACCESS AT END OF 6TH AVE. S. PENDING ACQUISITION OF PERMANENT EASEMENT (E) REPORT ON BIDS OPENED AUGUST 22, 1990 FOR DEMOLITION OF STRUCTURES IN HUTT PARK, AND AWARD OF CONTRACT TO J. HARPER CONTRACTORS ($15,764.22, INCLUDING SALES TAX) APPROVAL OF MINUTES OF AUGUST 21, 1990 AND AUGUST 28, 1990 [ITEM (B) ON THE CONSENT AGENDA Councilmember Jaech referred to the minutes of August 21, 1990, page 13, 6th paragraph from the bottom, noting that the first word on the third line "south" should be changed to "north". Councilmember Hertrich referred to the memorandum from the City Clerk noting the following re- ,,,&j,,,quested amendments to the August 21, 1990 minutes: "Councilmember Palmer requested on page 14, 5th paragraph, a correction noting that the motion should have included 'THAT THE CITY CONDUCT A TRAFFIC STUDY AT CITY EXPENSE'." "Councilmember Hertrich requested a change on page 7, 3rd paragraph from the bottom on the 2nd line of that paragraph following the word 'and...', the rest of the paragraph should be '...he found that adding the ability to write tickets at their will is not the kind of thing he wants the Planning Department involved in. He disagreed with the process of going to the Hearing Exam- iner with the next appeal being superior court. He preferred the present system (the violation going to the Edmonds Municipal Court) so the Planning Department Code Enforcement person has to give more proof to.a judge, rather than a Hearing Examiner. He did not want to change the system until he saw improvement in some of the management of the Planning Department, and he did not want to see them wearing a badge'." With regard to Councilmember Palmer's request regarding the motion on page 14, Councilmember Hertrich said he did not recall voting to include that a traffic study be conducted at City ex- pense. COUNCILMEMBER HERTRICH MOVED TO RECONSIDER THE MOTION. THE MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE AUGUST 21, 1990 MIN- UTES WITH ALL OF THE CORRECTIONS AND APPROVE THE AUGUST 28, 1990 MINUTES AS SUBMITTED. MOTION CARRIED. The Acting Fire Chief was requested to report on the oil spill affecting Edmonds beaches. Acting Fire Chief Ron Schirman reported that the Washington State Department of Emergency Management confirmed a 185,000 gallon oil spill with 3,000 gallons entering the water at Point Wells on Friday. Chief Schirman said an emergency operations center was set up at Point Wells to contain and clean up the spill. He attended a briefing Friday night and, at that time, the oil spill had continued 13.7 miles north to Hat Island but had not yet impacted Edmonds' beaches. Chief Schirman said briefings were held again on Saturday and Sunday morning, and he was assured on both occasions that the tide would dissipate the oil in Edmonds and that precautionary mea- sures to contain the oil were unnecessary. Despite those assurances, Chief Schirman said Edmonds' beaches were impacted by noon on Sunday. A Phase I alert status was declared by the City, and department managers, key supervisors, and other City Staff were notified of the condi- tion, and an emergency operations center was set up in the Public Safety Building. Chief Schirman informed the Council that Edmonds beaches were covered with approximately six inches of oil and approximately ten feet out by nightfall; however, the clean-up crew worked around the clock and had cleaned the beaches up by Monday morning. Chief Schirman said the State has been tracking the oil but had lost sight of the spill as of Tuesday morning. Chief Schirman stated that the City has taken a proactive approach to the situation and has aug- mented the Beach Ranger staff with Police Explorer Scouts who are disseminating information to the public. Chief Schirman said he, the Mayor, NOAA, the Department of Ecology, and the Coast Guard have reached a consensus that, in all likelihood, no further ecological damage will occur to Edmonds' beaches unless the wind shifts. The beaches were opened, with the exception of Marina Beach, which will probably reopen in 48 hours, and the public was advised to stay out of the water. He added that biologists have indicated that certain elements of refined oil are extremely toxic but they break down very rapidly when exposed to the environment, and they feel that no further dam- age will occur. Chief Schirman said a decontamination center has been set up at Point Wells. He requested citi- zens to report beach sightings of unattended oil or bird sightings directly to City Staff. Councilmember Palmer inquired if the Department of Ecology will take core samples and marine life samples at the Brackett's Landing jetty to determine whether or not a loss of biomass has or will occur. Chief Schirman said an agency called MRDA has been established and will conduct analyses if the Department of Ecology determines it to be necessary. He noted that the State is willing to cooperate with the City to any extent. Councilmember Palmer recommended, then, that an analy- sis of the biomass be conducted. Community Services Director Peter Hahn noted that Jack Serwold conducted analyses in April and August. Mr. Hahn said he is going to request Chevron to fund the cost to conduct another analysis immediately for the purpose of comparing data that was gathered in the past. AUDIENCE Mayor Pro Tem Nordquist opened the audience portion of the meeting. Frances Murphy, President of Brackett's Landing Foundation, said the foundation does not feel that the basic problem is that Chevron made an error but that there is a potential for further incidents. Ms. Murphy said Chevron and Unocal should not be located on the banks of Puget Sound, which is a very fragile inland waterway. She said the Sound is a sitting duck, and it is inevita- ble that another oil spill will occur. Ms. Murphy said it was her feeling that the extent of damage to the Sound from the oil spill will not be fully known until next week. Ms. Murphy had submitted copies of a letter to each Council - member prior to the meeting. She said the problem needs to be addressed at the governmental level, and the Foundation intends to send the same letter to all levels of government in the State. Ms. Murphy stated that the Foundation is extremely concerned about the oil spill and does not feel that no ecological damage has occurred. Ray Johnson, 9215 Bowdoin Way, inquired why discussion of adoption of Findings of Fact and Conclu- sions of Law regarding the appeal of the Hearing Examiner decision approving a conditional use permit and extension of period of amortization for a nonconforming use as a woodworking shop at 9.122 Bowdoin Way (item N3 on the agenda) was on the agenda. He questioned the Council's proce- dure because he said he and the neighbors who filed the appeal assumed that the Council had voted to uphold their appeal at the last hearing. City Attorney Scott Snyder stated that a Council decision is not final until the Council adopts written Findings of Fact and Conclusions of Law. Mr. Johnson inquired if public input would be permitted during the discussion that evening. City EDMONDS CITY COUNCIL MINUTES Page 2 SEPTEMBER 4, 1990 Clerk Jackie Parrett noted that the item was scheduled for Council discussion only and notice was not sent to the public. Councilmember Jaech explained that the reason the issue was tabled was because she felt any ac- tion differing the discussion on July 21 should not take place unless proper notification was sent to the applicant and anyone who signed up to speak at the July 21 hearing. Mr. Snyder advised the Council to postpone the item to a date certain if notice was not given, and that notice should be given in the same fashion as for the original hearing. In response to Councilmember Jaech, he said the Council could only take two courses of action that night: 1) continue the deliberation to a date certain and send proper notification; or 2) adopt the Find- ings of Fact and Conclusions of Law based on the Council's prior discussion. Doug Dewar, 100 - 2nd Ave. S., President of the Edmonds Chamber of Commerce, said the Chamber advertised the position for the Tourism Coordinator, and the Selection Committee selected Carolyn Johnson. Mr. Dewar introduced Ms. Johnson. Ms. Johnson said the State Department of Tourism operates under the Department of Trade and Eco- nomic Development. She said the State is divided into many individual regions, but Edmonds is very fortunate because it is located in Region 4, which encompasses 5 counties and includes all of the area from the King County line north to the Canadian border, east to the Cascades and west to the San Juan Islands. Because Edmonds is ideally located, she said. it has many opportunities to develop a tourism program that most other communities in Snohomish County do not have. Ms. Johnson reported that a marketing plan will be developed within the next 3 months for Edmonds that will encompass the needs, desires and current plans and activities of all organizations in the community that are tourism related. She noted that between fifty and seventy people who have not spent any length of time in Edmonds will be taken on a tour of the City on September 25. Jack Serwold, 19818 Maple Wood Dr., said he took some samples of the organisms at Brackett's Landing on September 4, 1990 and examined them under a microscope and found that a majority of the organisms in the barnacle zone were alive, as were the organisms at two lower levels. Mr. Serwold stated that his findings were only of the immediate effect of the oil spill, noting that barnacles .close up when they encounter a caustic substance to keep from being harmed. Mr. Serwold said, however, the organisms may be affected by the chemical spill within the next sever- al weeks but, at the present time, they are alive and doing well. Mayor Pro Tem Nordquist noted that he serves on the Board of Directors for the Health District. He said a meeting was held with the nursing staff, and there is an epidemic of measles in the County. He cautioned that anyone from the age of 15 months to 33 years of age should be inoculat- ed if they have not done so. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECI- SION APPROVING CONDITIONAL USE PERMIT AND EXTENSION OF PERIOD OF AMORTIZATION FOR A NONCONFORMING USE AS WOODWORKING SHOP AT 9122 B WD IN WAY MAU ER/H NSON, ET. AL -./FILE A-10-90/ AP-12-90/CU-99-89 CONTINUED FROM AUGUST 7, 1990 Assistant City Planner Duane Bowman reported that on July 21, 1990, the City Council held a pub- lic hearing jointly on the appeals of the neighboring property owners (AP-10-90) and the Mausers (AP-12-90) regarding the Hearing Examiner's decision to grant an extended amortization period for the nonconforming woodworking shop at 9122 Bowdoin Way. The Council voted to deny the appeal of the Mausers and upheld the appeals of the neighboring property owners, subject to the conditions listed in the Findings of Fact and Conclusions of Law. On August 7, 1990, an attempt was made by a Councilmember to modify the proposed Findings of Fact. The Council voted to table the consider- ation of the proposed Findings until September 4, 1990. Included in the Council packets were copies of the minutes from the City Council meetings and the proposed Findings of Fact and Conclusions of Law prepared by the City Attorney. Councilmember Palmer and Councilmember Dwyer said they would abstain from voting on the matter because they did not attend the original hearing. Councilmember Hertrich believed the owner of the woodworking shop should be allowed one year to relocate his business. He said he would like to discuss the matter further after proper notice has been given. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WIL SON, TO ADOPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW. THAT WERE DRAFTED BY THE CITY ATTORNEY IN RESPONSE TO A MOTION THAT WAS MADE DURING THE HEARING SEVERAL WEEKS AGO TO UPHOLD THE APPEAL AND THE REQUIREMENT THAT THE INDIVIDUAL RESIDING AT THE BUSINESS RELOCATE THE BUSINESS WITHIN SIX MONTHS. EDMONDS CITY COUNCIL MINUTES Page 3 SEPTEMBER 4, 1990 Councilmember Wilson noted that the property owner was in violation of the request by the City to relocate his business for five years. He said the real issue is that the neighbors have suffered for that length of time. Councilmember Wilson believed that six months is adequate time to solve the problem. MOTION CARRIED WITH COUNCILMEMBER DWYER AND COUNCILMEMBER PALMER ABSTAINING. Councilmember Kasper said he had wanted to extend the period but was now voting with the other Councilmembers. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO RECESS TO AN EXECUTIVE SESSION TO DISCUSS A PENDING CLAIM. MOTION CARRIED. (The Council recessed at 7:45 p.m. and reconvened at 7:55 p.m.) HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING SETBACK ADJUSTMENT AT 727 ALOHA ST. APPELLANT: LEONARD PEOPLES; APPLICANT: T RGERSON CONSTRUCTION; FILE AP-18-90/A-19-90) Assistant City Planner Duane Bowman reported that on March 3, 1990, Torgerson Construction (the applicant) filed a building permit application to construct a new single family residence at 727 Aloha Street. The plans submitted indicated setbacks consistent with the RS-6 zone district when, in fact, the lot is zoned RS-8. The applicant based the setbacks and his determination that the lot was zoned RS-6 on the narrowness of the lot width. The 60 foot lot was approved by a variance in 1967 when the property was subdivided. Mr. Bowman said the City issued the applicant a building permit on March 27, 1990 based on the submitted site plan. The RS-8 zone requires side yard setbacks of 7-1/2 feet, while the RS-6 zone has 5 feet minimum side yard setbacks. The setbacks on the building permit indicated side yard setbacks of 5 feet and 6 feet. Mr. Bowman noted that Mr. Peoples, the abutting property owner to the northwest and previous owner of Torgersons's lot, filed a complaint with the City regarding the structure's setbacks. The City issued a stop -work order on construction on June 11, 1990. Construction at that point included the foundation, basic framing, exterior sheathing and the roof. Mr. Bowman said the applicant filed a setback adjustment request to modify the side yard setbacks to reduce the normally required 7-1/2 feet side yard setbacks to 5 feet and 6 feet. Staff con- ducted a public hearing on the request and issued a decision approving the application. The appellant then filed an appeal asking the Hearing Examiner to overturn the Staff decision. Mr. Bowman said the Hearing Examiner held a hearing on the appeal of the Staff decision on July 27, 1990 and issued a decision on August 10, 1990 denying the appeal. Subsequently, the appel- lant filed an appeal objecting to the Hearing Examiner's decision. Mr. Bowman noted that a copy of the appeal letter, the Hearing Examiner's decision, the original Staff decision, site plan and the building elevations were included in the Council packets. Mr. Bowman said it is the recommendation of Staff to uphold the Hearing Examiner's decision ap- proving the setback adjustment. Mr. Bowman. had circulated to the Council 11 photographs of the subject property which were Exhib- it 8 from the Hearing Examiner report. Mr. Bowman reviewed a vicinity map of the subject property and adjoining properties illustrating the required setbacks and property dimensions, as well as a transparency of the actual site plan, which depicted the location of the house in question. Mr. Bowman said he submitted to the Council a copy of Exhibit #7 to the Hearing Examiner's re- port which was a letter to the Hearing Examiner from Finis Tupper, as well as a copy of the origi- nal building permit application and a blank building permit application. City Attorney Scott Snyder noted that the exhibits referred to by Mr. Bowman were part of the record before the Hearing Examiner and were, therefore, already a part of the record before the Council. Councilmember Hertrich referred to Exhibit #9. He inquired if the date indicated, 3-6-90, was the date of the building permit application. Mr. Bowman said that was the date that the appli- cant filed or signed the application. He said he would have to check with the Permit Coordinator to determine the exact date of application because the applicant could have signed the permit before he submitted it to the City. Mr. Bowman noted that the permit was issued on March 27. In response to Councilmember Kasper, Mr. Bowman explained that the property in question was re- zoned from RS-12 to RS-8 in 1966. The lot itself was created by a short subdivision in 1967, EDMONDS CITY COUNCIL MINUTES Page 4 SEPTEMBER 4, 1990 and a variance was obtained at that time for the lot width. Councilmember Kasper inquired if any side yard setbacks were established at that time. Mr. Bowman replied negatively. Councilmember Hertrich inquired who reviewed the construction permit application. Mr. Bowman said Jerry Saterlie from the Building Division, the Engineering Division and Planning Department did. Mayor Pro Tem Nordquist opened the public portion of the hearing. Pete Bennett, 400 Dayton, Suite "A", representing the applicant, submitted a copy of ECDC Chapter 20.50 to the City Clerk for distribution to the Council, as well as three photographs (marked EXhibit #1) of the house in question. Mr. Bennett noted that Staff, in making their decision, referred to the criteria of 20.50.020 as an additional reference but the Hearing Examiner. did not think that section of the Code was rele- vant because he said the property in question was not a flag lot or an irregular lot. Mr. Bennett pointed out that the procedure for a setback reduction (20.50.030) calls for the Hearing Examiner to review the criteria of 20.50.020. In reference to a contention by Finis Tupper in a letter, Mr. Bennett said the procedural irregu- larity was a harmless error and if there was any procedural irregularity, it has been resolved by the appeal process. Mr. Bennett said the issue before the Council is whether the house in question is a creative design. He quoted 20.50.000(B) - Purpose- as follows: "To allow flexibility in setback require- ments to allow preservation of natural features or creative design". Mr. Bennett said although the applicant is not claiming that he is preserving a natural feature, he does submit that the design is a creative design and he is, therefore, entitled to a setback reduction. Mr. Bennett also referred to 20.50.030(A) - Eligibility - noting that that section does not speci- fy a flag lot or an irregular lot but simply makes reference to any lot. Mr. Bennett said the term "creative design" is very subjective because the Code does not define it. Mr. Bennett noted that there is a precedent in the City, as the record reflects, for granting a setback reduction. He said the City previously granted a setback reduction for two lots based on the narrowness of the lots and not whether they were flag or irregular lots. Paul Torgerson, 21420 - 95th Pl. W., said he selected a creative design for the house in question because of the narrowness of the lot. He explained that the house is a reverse trilevel in the shape of the letter "H", and the living room, dining room and kitchen are upstairs to take advan- tage of the view. Mr. Torgerson said the design is even more unique and creative than the plans that were drafted by his architect because he made modifications to the structure himself. He said the front elevation is a hip elevation rather than a gable; the front entry is higher than originally planned; and the dimensions have been reduced from 50 feet wide to 49 feet. Mr. Torgerson said he plans to add more brick and a bay window to the front of the house. Mr. Torgerson said the house would impact the neighborhood even more if the side yard reductions are not allowed because the structure would have to be moved farther to the north to retain the same square footage. Mr. Bennett referred to 20.50.020(A), which states in part, "In reaching the decision, the Commu- nity Development Director shall consider the following factors, and an other pertinent informa- tion"... Mr. Bennett said other pertinent information for the CounciI to consider is that: 1 the lot is narrow; and 2) Mr. Peoples sold the lot to Mr. Torgerson and did not place restrictive covenants on the deed with respect to a building pad location. Mr. Bennett said he felt that is a relevant factor because Mr. Peoples sold the lot knowing that a house would be constructed on it. Mr. Bennett noted that Mr. Peoples' home is set back 30 feet from his property line, and it was Mr. Bennett's opinion that the impact of the structure in question is minimal. Councilmember Dwyer inquired if Mr. Bennett received a response from Mr. Peoples with respect to the letter inquiring if a compromise could be reached. Mr. Bennett said Mr. Peoples did reply and insisted that the setbacks of an RS-8 zone be adhered to. Councilmember Dwyer inquired if there was any possibility of acquiring 2-1/2 feet on the west side. Mr. Bennett said he did not explore that option but was willing to consider any option to resolve the matter. Councilmember Dwyer inquired what aspect of a trilevel would prevent it from..being constructed with a 7-1/2 foot side yard setback. Mr. Bennett said a trilevel with less square footage EDMONDS CITY COUNCIL MINUTES Page 5 SEPTEMBER 4, 1990 could be constructed on the, property in question. He reminded Councilmember Dwyer, though, that Mr. Torgerson is a builder, and it would not be economically feasible to build a smaller struc- ture. Councilmember Hertrich inquired why Mr. Torgerson did not build the house with proper setbacks. Mr. Bennett objected to the question because he did not feel it was relevant. Councilmember Palmer raised a point of order. He did not believe a debate on what questions were viable was a proper mode of operation, and he said the applicant should answer Councilmember Hertrich's ques- tion. Mr. Bennett apologized if he was second guessing the relevancy of the question, and he asked Councilmember Hertrich to rephrase the question. Councilmember Hertrich asked Mr. Torgerson how he came to the determination that a 5 and 6 foot side yard setback was applicable in an RS-8 zone. Mr. Bennett objected to the question again because he did not feel it was rele- vant. Councilmember Kasper inquired if Mr. Bennett was familiar with the conditions of the sale of the property in question. Mr. Bennett said he knew there were no restrictive covenants in the deed. Councilmember Kasper inquired if Mr. Bennett was made aware of any information regarding the side yard setbacks during the sale of the property. Mr. Bennett replied negatively. Councilmember Wilson inquired about the sentiments of adjacent property owners regarding construc- tion of the home in question. Mr. Torgerson said to his knowledge, all of the adjacent home owners liked the house with the exception of Mr. Peoples. Councilmember Palmer inquired if the seller and/or. his real estate agents disclosed material facts to Mr. Torgerson with respect to setbacks or any restrictions or prior variances on the lot. Mr. Torgerson replied negatively. Councilmember Palmer inquired if the selection of the trilevel design and the modifications that were made were an attempt to render economic viability on the lot size. Mr. Torgerson said he selected the design because it is smaller in length than a two-story home. Councilmember Kasper inquired if Exhibit 4 in the Council packets was the plot plan that was submitted with the building permit at the time of application. Mr. Bowman replied affirmatively. Leonard Peoples, 802 - 7th Ave. N., said he was highly disturbed when he discovered the design of the house in question and its location because it does not comply with the Code. Mr. Peoples said creative design is defined in the dictionary as having the quality of something creative rather than imitated, and he contended that the design of the house is not creative. Mr. Peoples said the lot in question does not dictate that a house be constructed with 5 and 6 foot side yard setbacks and does, in fact, allow for construction of a home that would fit in with the surrounding area and comply with the Code. Mr. Peoples said the house in question in- trudes on his privacy and diminishes the value of his property. He noted that all of the lots in the immediate vicinity are zoned RS-8. Mr. Peoples said he received a packet of material from Mr. Bowman for a residential permit that inquires about zoning of a lot that is intended for development. He submitted it to the City Clerk (marked Exhibit #2). Mr. Peoples said the Code states that a structure should not be built over a sanitary sewer. He noted that_ there is a sanitary sewer within 4 or 5 feet from the east property line of the lot in question and just west of the rockery. Mr. Peoples said the roof was put on the house after he made a complaint to the City. He said he notified the City on May 30th and not June 12th, as the record reflects. Mr. Peoples said a neighbor, Mrs. Collins, informed Mr. Torgerson before the framing for the house was put up that required side yard setbacks for 'the lot in question was 7-1/2 feet, but the roof and sheeting were installed from June 5 to June 12 despite the stop -work order that was is- sued on June 5. Mr. Peoples said the City was negligent in issuing the .building permit, and there was negligence on the part of the builder, as well. Mr. Peoples said a house meeting the requirements of an RS-8 zone could easily be constructed on the lot in question, and it would not be detrimental to his property. Councilmember Kasper inquired if Mr. Peoples had indicated in any way to Mr. Torgerson that the lot in question was zoned RS-6. Mr. Peoples replied negatively. EDMONDS CITY COUNCIL MINUTES Page 6 SEPTEMBER 4, 1990 Councilmember Kasper inquired why Mr. Peoples did not place restrictive covenants on the property in question. Mr. Peoples said he was unaware that a problem would exist, and he was not aware of the building plans for the house before he sold the property. Councilmember Dwyer inquired if Mr. Peoples had any interest in pursuing with Mr. Torgerson the possibility of selling Mr. Torgerson 2-1/2 feet to provide him with the necessary side yard set- backs. Mr. Peoples said he would not be interested because, the house in question would still impact his property. Councilmember Palmer inquired of Mr. Peoples if he or his realtor revealed any material fact to the buyer of the lot in question with respect to setbacks or variances when the lot was sold. Mr. Peoples replied negatively. Mr. Peoples said he may have discussed the sanitary easement that is located on the north side of his property. Jennifer Johnson, of Richards James Realtors, 20115 - 44th Ave. W., Lynnwood, said the zoning of the property in question was not an issue at the time the property was for sale. Ms. Johnson said she and Mr. Torgerson had made a determination that the design that was selected for the house was the most popular in today's market, and she urged Mr. Peoples to walk around the interior and exterior of a home in the area with a similar design because she and Mr. Torgerson wanted Mr. Peoples to be happy with the sale of his property. Ms. Johnson said she believed the design of the house is creative, and it is the type of home that home owners are looking for today. Mr. Snyder inquired for what period of time Ms. Johnson has been selling property in Edmonds. Ms. Johnson replied 3 years. Mr. Snyder inquired how many homes in those 3 years Ms. Johnson has sold or been a party to the sale of in the Edmonds area. Ms. Johnson replied 8 to 10. Mr. Sny- der inquired if Ms. Johnson has noticed any difference in the value of a home or surrounding area comparing 5 foot to 7-1/2 foot side yard setbacks. Ms. Johnson replied negatively. Norvel Lindelof, 820 - 7th Ave S., a builder for 40 years, said he thought the house in question was well designed for the lot and is aesthetically appealing. Mr. Lindelof said the house would have more of an impact to Mr. Peoples if it were constructed with more length. Ron Johnson, 701 Vista P1., said he is probably more impacted by the house in question than any- one in the neighborhood, but he thought the house is beautiful and had no objection to it. He added that Mr. Peoples would be impacted no matter how the house was constructed because of the topography. Carlos Semeuate, who lives next door to Mr. Peoples, said he was shocked when the stop -work order was issued because the house is well built. He said the contractor has done an incredible job, and the house complements the neighborhood. He said he did not see how the house would be a detriment to the value of adjacent property. Mr. Semeuate felt the issues before the Council were a smoke screen. Mr. Semeuate was concerned that the house is lying vacant and is subject to vandalism and that physical harm is imminent to anyone on the property. Mr. Semeuate said Mr. Peoples sold the lot knowing full well that a house would be constructed on it, and for Mr. Peoples to purport that he was not aware of the type of house that would be con- structed was offensive to him. Councilmember Dwyer inquired if Mr. Semeuate was interested in selling 1-1/2 feet of his property to the applicant. Mr. Semeuate replied affirmatively. Walter Stack, 16810 - 1st Ave. N.W., Seattle, a friend of Mr. Peoples, disagreed with previous statements that a house could not be constructed on the lot in question that would be less intru- sive than the house that exists. Mr. Stack said his understanding of the design process is not one where a house is designed apart from the lot on which it will be constructed. He said creative design, especially as it relates to 20.50, has to do with the relationship of the lot. Mr. Stack said some of the features of the house in question may be innovative in the house itself, but he saw nothing creative about it as far as it relates to the lot. EDMONDS CITY COUNCIL MINUTES Page 7 SEPTEMBER 4, 1990 Mr. Bennett pointed out that testimony was given that corroborates that the house is a creative and unique design, and there was no testimony that the same design exists anywhere else in the City of Edmonds. Councilmember Kasper inquired on what information the 5 and 6 foot side yard setbacks were based; if it was believed by the applicant that the lot was zoned RS-6. Mr. Torgerson replied affirma- tively. Councilmember Kasper inquired if Mr. Torgerson was of the opinion that the minimum side yard setbacks were 5 feet. Mr. Torgerson replied affirmatively. Councilmember Kasper inquired from whom he obtained that information. Mr. Torgerson replied from the City. Mayor Pro Tem Nordquist closed the public portion of the hearing. Councilmember Dwyer said he would like to table the discussion for two weeks to ascertain if adjoining property owners would be willing to convey footage that is necessary to Mr. Torgerson to establish side yard setbacks that comply with RS-8 zoning. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO CONTINUE THE ISSUE TO SEPTEMBER 18, 1990 FOR THE PURPOSES OF ALLOWING THE PARTIES TO EXPLORE WHETHER THEY CAN RESOLVE THE MATTER, AND THAT THE COUNCIL RESUME WITHOUT ANY FURTHER PUBLIC HEARING SOLELY TO MAKE A COUNCIL DECISION ON ANY ISSUES THAT REMAIN. Councilmember Kasper pointed out that one of the abutting property owners, Mrs. Collins, does not have an 8,000 square foot lot so the possibility of conveying land to Mr. Torgerson would be void. Secondly, he said the house should be boarded up immediately to avoid any physical harm to children who may be on the premises. Mr. Snyder said the Building Official has that authority under the Code, and he said he would speak with Staff tomorrow about that issue. In response to Councilmember Jaech, Mr. Bowman said a simple lot line adjustment could not be done on Mr. Peoples lot if he were to convey footage to Mr. Torgerson because there is a shed on Mr. Peoples lot that is 15 feet from the property line and a setback problem would be created because the required setback is 15 feet. Mr. Snyder said a lot line adjustment is available through the short subdivision process, but it would require a* "package deal" from all three applicants (Peoples, Semeuate, and Collins). Because Councilmember Dwyer did not believe the process was workable, COUNCILMEMBER DWYER WITH- DREW THE MOTION. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO DENY THE APPEAL OF THE HEARING EXAMINER'S DECISION REGARDING AP-18-90/A-19-90. Councilmember Dwyer said he would vote against the motion for the following reasons: the only testimony that was given is that the house in question is a creative design. The testimony fails to tie the creative design to the necessity for the side yard adjustment and, in fact, the testi- mony was that a design of that type could be constructed with 7-1/2 foot side yard setbacks. Councilmember Dwyer said as he interpreted the criteria, the necessity for the side yard adjust- ment has to flow from the ability to create something with that design. He said his finding would be that the house in question is a creative design, but the design itself is not precluded by having 7-1/2 foot side yard setbacks. Councilmember Palmer said he intended to vote in favor of the motion. He said the point that Councilmember Dwyer raised with respect to creative design tied into how the applicant related that particular design and the changes that were made to the economic viability of the structure. Secondly, Councilmember Palmer said he believed 20.50.020(A) was applicable in that the buyer relied upon information that was not supplied by the seller and, by virtue of the application that he submitted that showed the setbacks and resulting issued permit, he believed he was within what was proper for that zone. Councilmember Kasper said he intended to vote in favor of the motion because there is no evidence that Mr. Torgerson was not aware that 5 foot side yard setbacks were not applicable on the lot. Councilmember Hertrich said there was testimony that the house could have been constructed with the proper setbacks for an RS-8 zone. Additionally; he said no proof was provided that the de- sign was creative and he, therefore, intended to vote against the motion. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER KASPER, COUNCILMEMBER PALMER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH AND COUNCILMEMBER JAECH OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 8 SEPTEMBER 4, 1990 �AL HEARING ON REQUEST FOR RECONSIDERATION REGARDING COMPENSATION FOR PROPOSED VACATION OF RIGHT-OF- WAY ALUNU PINE STREETADJACENT O 916 - 6 H AVE. L -6-90 L CAN • WILLIAM HARDMAN) 'act' Assistant City Planner Duane Bowman reported that the City Council, on April 3, 1990, concurred with a recommendation from the Hearing Examiner to approve a vacation of a portion of the undevel- oped right-of-way adjacent to the residence at 916 - 9th Avenue South. The vacation will correct the encroachment of the applicant's house into the right-of-way of Pine Street. Mr. Bowman said the Council's approval required the applicant to compensate the City for the right-of-way, but the applicant objects to paying the required compensation. Using the formula in section 20.70.030 of the Edmonds Community Development code, the required compensation is $658.45. Mr. Bowman noted that a copy of the Hardmans' letter outlining their request, the minutes from the April 3, 1990 Council meeting, and a copy of the site plan depicting the vacation request were included in the Council packets. Councilmember Hertrich inquired what the Comprehensive Plan indicates for development of Pine Street. Mr. Bowman said the issue associated with the particular subdivision was where the side= walk would be located. He said Staff has determined that it would be constructed on the south side, but a sidewalk could be constructed on the north side. City Attorney Scott Snyder noted that there was an adjustment to the planned line right-of-way at the corner of Pine Street. He said it is highly unlikely that that area will ever be developed, but he advised the Council to refer that matter to the Planning Board to review the master street map. Mr. Bowman said the right-of-way alignment of Pine Street is determined by its configuration. He noted that there is sufficient width adjacent to Mr. and Mrs. Hardman's property to make neces- sary improvements, and he said Pine Street will probably not be widened. Councilmember Hertrich inquired how the proposed vacation would affect the construction of a continuous sidewalk on the north side, if one were to be constructed in the future. Mr. Bowman said the ability to construct a sidewalk on the north side would not be hindered whatsoever. Mayor Pro Tem Nordquist noted that the proper procedure for the Council to take was to vote on whether or not to reconsider the item. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO REOPEN THE ISSUE FOR CONSIDERA- TION. MOTION CARRIED. William and Virginia Hardman, 916 - 9th Ave. S., were in the audience. Mayor Pro Tem Nordquist opened the public.portion of the hearing. ` Councilmember Kasper inquired if the Hardmans contributed to the L.I.D. to pave Pine Street in the early 1960's. Mrs. Hardman replied affirmatively. Mrs. Hardman stated that the original survey of their property was incorrect. In addition, she said the City issued a.permit in 1952 allowing them to construct an addition to their home and a carport. She noted that both they and the City have lived satisfactorily throughout the years with the errors that were made . COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER DWYER, THAT COMPENSATION BE WAIVED. Councilmember Palmer inquired if the City could legitimately waive the compensation. Mr.. Snyder said the Council was free to.make any decision on value that they thought was appropriate. MOTION CARRIED. COUNCIL Councilmember Hertrich requested Council input regarding the proposed structure at Brackett's Landing so he could advise the consultant. Councilmember Jaech said she supported the Beach Ranger Program, but she was uncertain if a structure should be constructed on the beach. She recommended that the Council discuss the size of the proposed structure and whether a structure should be constructed at a work meeting before any further plans were drafted. (The discussion was scheduled on September 25, 1990.) EDMONDS CITY COUNCIL MINUTES Page 9 SEPTEMBER 4, 1590 Councilmember Palmer referred to the letter from Livengood, Silvernale, Carter & Tjossem in the Council packets requesting reconsideration regarding the development on 3rd Avenue. He urged the Council to peruse the letter, and he suggested that the Council discuss the issue next week if time permits. Councilmember Kasper said he will be attending a meeting on Wednesday and Thursday with the De- partment of Transportation. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CHANGE THE MEETING ON SEPTEM- BER 18, 1990 TO SEPTEMBER 17, 1990 BECAUSE OF PRIMARY ELECTIONS. MOTION CARRIED. (The meeting was rescheduled the next day to September 18, 1990 after polling the Councilmembers because the City Clerk determined that a meeting room was not available on September 17, 1990. The Council will be requested to vote formally on the change at the September 11, 1990 Council Committee meeting.) The Council recessed to an executive session at 9:47 p.m. to hear a report on litigation regard- ing fair housing, and adjourned thereafter. THESE MINUTES ARE SUBJECT TO SEPTEMBER 18, 1990 APPROVAL. ACQ �ELINE G. PARRETT, City Clerk N N �DQUI T, Mayor Pro em EDMONDS CITY COUNCIL MINUTES Page 10. SEPTEMBER 4, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. SEPTEMBER 4, 1990 CALL TO ORDER FI A(; CAI IITF 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 21, 1990 AND AUGUST 28, 1990 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JOHN C. SHIPLEY (AMOUNT UNKNOWN) (D) ACCEPTANCE OF TEMPORARY EASEMENT TO PROVIDE PEDESTRIAN ACCESS AT END OF 6TH AVE. S. PENDING ACQUISITION OF PERMANENT EASEMENT (E) REPORT ON BIDS OPENED AUGUST 22, 1990 FOR DEMOLITION OF STRUCTURES IN HUTT PARK, AND AWARD OF CONTRACT TO J. HARPER CONTRACTORS ($15,764.22, INCLUDING SALES TAX) 2. AUDIENCE 3. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECISION APPROVING CONDITIONAL USE PERMIT AND EXTENSION OF PERIOD OF AMORTIZATION FOR A NONCONFORMING USE AS WOODWORKING SHOP AT 9122 BOWDOIN WAY (MAUSER/HANSON, ET. AL./FILE AP-10-90/AP-12-90/CU-99-89) (CONTINUED FROM AUGUST 7, 1990) 4. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING SETBACK ADJUSTMENT AT 727 ALOHA ST. (APPELLANT: LEONARD PEOPLES; APPLICANT: TORGERSON CONSTRUCTION.; FILE AP-18-90/A-19-90) 5. HEARING ON REQUEST FOR RECONSIDERATION REGARDING COMPENSATION FOR PROPOSED VACATION OF RIGHT-OF-WAY ALONG PINE ST. ADJACENT TO 916 9TH AVE. S. (FILE ST-6-90/APPLICANT: WILLIAM HARDMAN) 6. MAYOR COUNCIL EXECUTIVE SESSION - REPORT ON LITIGATION (FAIR HOUSING) THE PUBLIC IS INVITED TO ATTEND (60 MINUTES (20 MINUTES) PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE