Resolution 1374RESOLUTION NO. 1374
A RESOLUTION OF THE CITY OF EDMONDS,
WASHINGTON, ACCEPTING THE HEARING
EXAMINER'S RECOMMENDATIONS REGARDING
THE MEADOWDALE CLUB HOUSE PLAY
STRUCTURE SETBACK VARIANCE (PLN20160043)
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 Meadowdale Club House play structure setback variance on October 13, 2016;
and
WHEREAS, on October 27, 2016, 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
November 15, 2016, 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
PLN20160043. The proposal set forth in PLN20160043 is hereby approved.
RESOLVED THIS 15ND DAY OF NOVEMBER, 2016:
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ATTEST:
.,5; - - -I Of ,
CITY CLERK, ASSEY
FILED WITH THE CITY CLERK: November 10, 2016
PASSED BY THE CITY COUNCIL: November 15, 2016
RESOLUTION NO. 1374
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BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS
Phil Olbrechts, Hearing Examiner
RE: Meadowdale Clubhouse Play
Structure Setback Variance FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RECOMMENDATION
PLN-2016-0043
INTRODUCTION
The applicant is requesting a setback variance to replace an existing play structure
within a 25-foot street setback at the Meadowdale Clubhouse located at 6801 North
Meadowdale Road. The examiner recommends approval of the varianc1"�,�, ECEIVD
ORAL TESTIMONY OCT Ou 12016
Staff Testimony: PLANNING C
Kernen Lien, senior planner, summarized the proposal. An existing play structure has
been in place since the 1990s and has been removed. There's no other location for the
replacement structure. In response to examiner questions, the structure can't be
placed in the treed area because the area is sloped and serves as a buffer for adjoining
properties. The sloped area has been designated an erosion hazard area. The play
structure location couldn't be moved any further away from the property lines
because of required "fall" zones around the structure.
Michelle Parker, a teacher and director of the Meadowdale Clubhouse, testified that
play structures serve an important function in early childhood education, providing
learning opportunities not available within the classroom. The current absence of
outdoor play facilities has visibly affected the four and five year olds using the
Clubhouse.
EXHIBITS
See the exhibit list on page 7 of the October 6, 2016 Staff Report. Attachments 1-13
were entered as Exhibits 1 at the hearing in addition to the staff report.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is the City of Edmonds' Parks, Recreation and
Cultural Resources Department (Parks Department).
Variance P. 1 Findings, Conclusions and Decision
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2. I_Icariri The Hearing Examiner conducted a hearing on the application
on October 13, 2016 at 3:00 p.m. at the Edmonds Public Safety Complex in the
Council Chambers.
Substantive:
3. Site/Proposal Description. The City of Edmonds' Parks Department is
requesting a setback variance to replace a play structure at the Meadowdale
Clubhouse (Exhibit 1, Att. 1-5). The Meadowdale Clubhouse is located at 6801
North Meadowdale Road. There has been a play structure located on the north side of
the Clubhouse for more than 20 years. The Parks Department is proposing to replace
the old play structure for safety reasons.
The subject property is zoned RS-20 (Single-family Residential; 20,000 square foot
minimum lot size) which requires a 25-foot street setback. Local public facilities
identified in the Capital Improvement Plan (CIP) are permitted as a primary use in the
R-20 zone pursuant to ECDC 16.20.010.A and ECDC 17.100.050.A. The
Meadowdale Clubhouse play structure is included in the CIP.
The site is triangular and therefore has three front street setbacks of 25 feet. The
proposed play structure would be located with the 25-foot street setback of 164th
Place SW (Exhibit 1, Att. 3). The location of the old play structure and the proposed
replacement is within the 25-foot street setback of the terminus of 164th Place SW
(Exhibit 1, Att. 3). The old play structure was considered a nonconforming structure.
Pursuant to Edmonds Community Development Code (ECDC) 17.40.020.F, if a
nonconforming structure is damaged in an amount equal to 75% or more of its
replacement cost at the time of destruction, a structure cannot be reconstructed except
in in full conformance with the Edmonds Community Development Code. Since the
old nonconforming play structure has been removed, a replacement play structure is
required to comply with the Edmonds Community Development Code. Due to site
restrictions, there is no other feasible location for the new play structure. As a result,
the Parks Department is requesting a variance to place the new play structure within
the 25-foot street setback 4 feet from the northern property boundary and the terminus
of 164th Place SW.
4. Characteristics of the Area. The Meadowdale Clubhouse is located in a
residential area. The subject site and properties to the north or zoned RS-20 (Single-
family Residential; 20,000 square feet minimum lot size) and properties further to the
west are zoned RS-12 (Single-family; 12,000 square feet minimum lot size. The City
of Lynnwood jurisdictional boundary is located on the west side of 68th Avenue West
and the south side of North Meadowdale Road. Properties on the north side of North
Meadowdale Road are developed with single-family residences. The Meadowdale
Playfields are located on the south side North Meadowdale Road.
Variance p. 2 Findings, Conclusions and Decision
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5. Adverse Impacts_. This proposal is exempt from SEPA review based on
special circumstances (WAC 197-11-800 (6)(e) and ECDC 20.15A.080). The new
play structure will replace an existing, unsafe play structure in the same location. No
adverse impacts are anticipated.
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Procedural:
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CONCLUSIONS OF LAW
1. Authority of HeariLiExaminer. ECDC 20.85.020 provides the Hearing
Examiner with the authority to review and act upon variance applications as Type III -
A decisions in accordance with ECDC 20.01. In this instance, since the variance
request is from a public entity (City of Edmonds' Parks, Recreation and Cultural
Resources Department) the action of the Hearing Examiner shall be a
recommendation to the City Council in accordance with ECDC 17.00.030.C.
Substantive:
2. Comprehensive Platt and Zoning Desi nations. The Comprehensive Plan
designates the site as "Single Family — Resource". The area is zoned Single -Family
Residential (RS-20).
3. SEPA Compliance and Notice. The proposed use is exempt from SEPA
requirements pursuant to WAC 197-11-800(6)(e). As noted on page 2 of the Staff
Report, notice of variance was given by newspaper, postings in the required locations,
and by mail to nearby property owners within 300 feet of the site. No comments were
received.
4. Review Criteria and Application. The applicant seeks a variance from the
25-foot street setback imposed by ECDC 16.20.030 for the RS-20 district. ECDC
20.85.010 governs the criteria for variances to ECDC Title 16. The variance criteria
set by ECDC 20.85.010 are 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 ofpublic structures and
uses as set forth in ECDC 17. 00, 030 and environmental factors such as
vegetation, streams, ponds and wildlife habitats.
Variance p. 3 Findings, Conclusions and Decision
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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
factor resulting from the action of the owner or any past owner of the same
property;
5. The proposal involves special circumstances due to the unique triangular
shape of the lot and the presence of 20% slopes. As described in Finding of Fact No.
3 and page five of the Staff Report, the site is triangular in shape with street frontages
along North Meadowdale Road, 68th Avenue West, and the terminus of 164th Place
SW. The 25-foot street setbacks from each of these streets greatly limit where the
play structure can be located. The western portion of the property contains slopes in
excess of 20% and is heavily treed. Placement of the play structure would necessitate
extensive grading and result in the removal of trees that serve to buffer adjoining
residential uses. The remaining eastern portion of the site contains the clubhouse and
parking lot. Strict application of the setbacks for the RS 20 zone would prohibit the
replacement of a play structure that serves both the Meadowdale Community
Clubhouse and the surrounding neighborhood. Special circumstances exist on the
subject site. The zoning request is justified.
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;
6. The property has a unique configuration compared to other properties in
the vicinity given its triangular shape. The Meadowdale Clubhouse is a local public
facility serving the needs of community and the surrounding neighborhood. The
clubhouse and play structure are both identified in the Parks, Recreation and Open
Space Plan and Capital Improvement Plan. Both of these documents were approved
by the City Council following a public process. This variance is necessary to enable a
facility designed to provide services for children to include an outdoor play area. The
granting of an outdoor play area for a facility involving children is not a grant of
special privilege.
ECDC 20.85.101(C) — Comprehensive Plan: That the approval of the variance will
be consistent with the comprehensive plan;
7. The Meadowdale Clubhouse is identified in the Parks Recreation and
Opens Space Plan (PROS), which is an element of the City's Comprehensive Plan.
The PROS plan identifies replacing the play area as a planned improvement. The
variance is therefore consistent with the Comprehensive Plan and meets this criterion.
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;
Variance p. 4 Findings, Conclusions and Decision
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8. Pursuant to ECDC 16.20.020.A.1, local public facilities that are planned,
designated, and sited in the capital improvement plan are a permitted primary use in
single family residential zones subject to the requirements of ECDC 17.100.050. The
play structure is compliant with the requirements of 17.100.050. Apart from the
requested setback variance, the proposal is consistent with Chapter 16.20 ECDC. This
variance requirement has been satisfied.
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;
9. This proposal would not be detrimental to the public health, safety, and
welfare, nor injurious to the property or improvements in the vicinity. It in fact
promotes public health, safety and welfare by ensuring the continuation of a play
structure in this location. According to the staff report, a play structure has been in the
same location for more than 20 years and there is no history of complaints from noise
or use. Placing the play structure anywhere else on the property than its previous
location could be detrimental. Trees would have to be cleared on the sloped portion of
the property and a place leveled out for the play structure. This would remove some
of the buffer from the neighborhood and be contrary to the Comprehensive Plan and
development regulations which promote tree preservation and minimization of
grading. This criterion is satisfied
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.
10. The variance is the minimum necessary to ensure the continuation of a
play structure in this location. As noted in the staff report, the Parks Department has
worked with the playground vendor attempting to move, rotate and configure the play
structure to provide the largest setback possible given the site constraints. Because of
the playground manufacturer's specified fall zones for providing a safe experience,
there is no way to configure the play structure on the site without a variance. Every
effort has been made to configure the play structure as far as way from the property
line as possible. Due to the odd shape of the lot, being constrained by the club house,
parking lot, slope and trees on three sides, the proposed location is the only feasible
location for the play structure. The criterion is satisfied.
Variance p. 5 Findings, Conclusions and Decision
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RECOMMENDATION
All variance criteria are met. The examiner recommends approval of the variance by
the City Council.
Dated this 27th day of October, 2016.
IVU A.OlbMchts
City of Edmonds Hearing Examiner
Appeal Right and Valuation Notices
This decision is a recommendation to the City Council. The City Council will make the
final decision which is subject to appeal to superior court as governed by Chapter
36.70C RCW. Appeal deadlines are short (21 days from issuance of the decision) and
the courts strictly apply the procedural requirements for filing an appeal.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Variance
p. 6 Findings, Conclusions and Decision