HomeMy WebLinkAboutPermit File 1701 10th Street January 11, 2007
Edwin Frank, Building Official
City of Anacortes
Planning & Community Development Department
P.O. Box 547
Anacortes, WA 98221-0547
Dear Ed:
After much consideration of your letter dated December 26, 2006 (delivered
12/27/06 — rec'd 12/31/06) and consultation with an attorney, Mark Nilson and I
have decided to apply for a variance to reduce the required side yard to 1 foot
from 10 feet to allow for the accessory building to remain in same location.
Sinc rely,
12S *
atrine A. Eagling
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1TY O
-Na ANACORTES PLANNING & COMMUNITY DEVELOPMENT DEPT.
t PERMIT CENTER PH (360) 293-1901
° P.O.BOX 547, ANACORTES, WA 98221-0547 FAX(360) 293-1938
` IAN MUNCE, DIRECTOR • EDWIN FRANK, BUILDING OFFICIAL• E-mail:ed@cityofanacortes.org•
December 26, 2006
Mark Nilson
Katrine Eagling
1701 10th Street
Anacortes, WA 98221
RE: 1701 10th Street
Accessory Structure in Side Yard
Dear Mr. Nilson and Ms. Eagling:
On July 6, 2006 the Board of Adjustment considered your request to grant a variance to
allow an accessory structure to remain in the required side yard abutting "I"Avenue. The
Board determined that the requested variance is not justified and denied the request.
As of December 20, 2006 the structure is still situated in the required side yard. It is now
necessary to proceed with the removal of the structure to a location that will comply with
both the Zoning Ordinance and the Building Code. I direct that you submit a plan for
such relocation to the Building Department within 30 days of receipt of this notice, and
that the relocation be completed within 90 days of this notice.
If you have any questions concerning the matter please contact me at 293-1901.
Sincerely,
CITY OF ANACORTES
QY 3c Cl lA_L (d4
Edwin Frank, Building Official
EF/11
CITY OF ANACORTES PERMIT CENTER
P. O. BOX 547, ANACORTES, WA 98221
PHONE (360) 293-1901
pox to FAX (360)293-1938
EDWIN FRANK, BUILDING OFFICIAL
A variance request before the Board of Adjustment July 6,2006 to reduce the required side yard to 0 feet
from 10 feet to allow for the construction of an accessory building.
APPLICANT
Mark Nilson
Katrine Eagling
1701 10th Street
Anacortes,WA 98221
SITE ADDRESS
1710 10th Street
Parcel Number P55965
ZONING
R3 Medium Density, 50% lot coverage maximum.
APPLICATION HISTORY
July 12,2006—Application and fee received.
I. Complete Application
a. Area Map
b. Completed Application form
c. Arguments addressing conditions for granting a variance
d. Drawings showing existing and proposed site conditions
e. Site photo
2. Fee Paid
3. Mailing list of property owners within 300 feet of subject property.
July 19,2006—Notice published
July 20,2006—Notice mailed to abutting property owners.
July 19,2006—Notice circulated to staff for comment.
CODE PROVISIONS
17.34.060 Minimum setback requirements.
Minimum setback requirements in an R3 district shall be as follows:
A.Front yard, minimum depth twenty feet;
B. Interior side.A minimum of five feet on one side and no less than fifteen feet on both
sides combined, except that in no instance shall a setback adjacent to a street be less than ten
feet.
C. Side yard on a flanking street,ten feet from property line. If street is a designated
arterial, twenty feet;
D.Rear yard,twenty feet minimum.
1. Where the rear yard does not abut a platted alley,no portion of the primary structure shall
extend into the setback area,regardless of the use of that primary structure. A detached
accessory structure no larger than one hundred forty-four square feet and twelve feet in
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height may be placed in a rear yard,or in the rear twenty-five feet of an interior side yard,
provided that it is set back a minimum of five feet from the rear property line,and three feet
from any side property line.
2. Where the rear yard abuts a platted alley,a detached accessory structure,or that
portion of the primary structure used as an accessory structure,may be built in a rear
yard up to the alley property line,provided that it is set back a minimum of three feet
from any side property line,and is no larger than one thousand square feet and no
more than sixteen feet in height. If the accessory structure is a garage,built so that
vehicles enter the garage from the alley in a direction substantially perpendicular to
the alley,the garage doors shall be set back a minimum of ten feet from the alley
property line to allow adequate turning distance for vehicles.
3.The lot coverage of any accessory structure exceeding one hundred forty-four square feet
shall count as part of the percentage of lot coverage permitted in this zone.
Chapter 17.48 ACCESSORY BUILDINGS, STORAGE, AND DOCKS
17.48.010 General provisions.
A. Accessory buildings shall not be constructed prior to the commencement of construction
of the main building.
B. Accessory buildings shall not exceed one story or sixteen feet in height. Accessory
buildings in all residential zones,except R1 shall not exceed one thousand square feet
in size.
C. Uses and buildings customarily accessory to the established principal use shall be
allowed in all cases unless specifically prohibited or restricted.
17.10.040 Powers and duties.
The board of adjustment shall have the following powers and duties:
A. Administrative Review. To hear and decide appeals where it is alleged there is error in
any orders, requirements, decisions, or determinations made by the building inspector in
the enforcement of this title.
B. Variances, Conditions Governing Application, Procedures.
1. To authorize upon appeal in special cases such variance from the terms of the area and
dimensional regulations of this title as will not be contrary to the public interest where,
owing to special conditions, a literal enforcement of the provisions of this title would result
in unnecessary hardship. A variance from the terms of this title shall not be granted by the
board of adjustment unless and until a written application for a variance is submitted
demonstrating all of the following:
a. That special conditions and circumstances exist which are peculiar to the land,
structures, or buildings involved and which are not applicable to other lands, structure, or
buildings in the same district;
b. That literal interpretation of the provisions of this title would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
title;
c. That the special conditions and circumstances do not result from the actions of the
applicant;
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this title to other lands, structures, or buildings in the same
district.
2. No conforming use of neighboring lands, structures, or buildings in the same district,
and no permitted use of lands, structures, or buildings in other districts shall be considered
grounds for the issuance of a variance.
3. The following steps are required for consideration of variance:
a. Notice of public hearing shall be given. Written notice shall be mailed to property owners
within three hundred feet of the boundaries of the subject property;
b. The board of adjustment shall obtain reports from all affected city boards or departments
as part of the information to be considered at the public hearing;
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c. The public hearing shall be held. Any party may appear in person, or by agent, or by
attorney;
d. The board of adjustment shall determine in writing whether all of the requirements of
subsections (B)(1) and (2) of this section are met;
a The board of adjustment shall further make a finding whether or not the reasons set
forth in the application justify the granting of the variance, and that the variance, if granted,
is the minimum variance that will make possible the reasonable use of the land, building,
or structure;
f. The board of adjustment shall further make a finding whether or not the granting of the
variance will be in harmony with the general purposes and intent of this title, and will not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
4. In granting any variance, the board of adjustment may prescribe appropriate conditions
and safeguards in conformity with this title. Violation of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be a violation of
this title.
5. Under no circumstances shall the board of adjustment grant a variance to allow a use
not permitted under the terms of this title in the district involved, or any use expressly or by
implication prohibited by the terms of this title in said district. Variances shall be limited to
the area and dimensional requirements of this title.
6. Whenever a variance provides for or anticipates future construction, such construction
must be commenced, or application made for a building permit, within ninety days from the
date on which the variance was granted.
17.10.060 Appeals of board of adjustment actions.
Any person or persons, taxpayer, department, board of the city, the mayor or the city
council, aggrieved by any decision of the board of adjustment may seek review of such
decision by a court of record, within twenty-one days in the manner provided by the laws of
the state.
SITE CONDITIONS
The existing structure is almost centered east and west on the 60 foot wide lot. The
existing land coverage is about 32% and the proposed land cover is approximately 32%.
The lot is substantially level and abuts an alley on the south side of the lot. This site is a
corner lot situated in the R3. The accessory structure concerned in this request is situated
in the side yard abutting I Avenue and extends approximately 7 feet into the right-of-way.
STAFF COMMENTS
A. Public Works: An encroachment agreement would be considered.
B. Engineering: An encroachment agreement would be considered.
C. Fire: There are no fire issues.
D. Parks: There is no impact on the public parks.
E. Planning/Building: The structure as presented is sited in the required side yard(east)
abutting a side street and extends approximately 7 feet into the right-of-way. There is
approximately 17 feet of yard between the home and the west property line and
approximately 20 feet between the home and the alley property line. A steep drive way
provides access from the rear yard to the basement. This driveway occupies about 50
percent of the width of the rear yard.
FINDINGS OF THE BOARD OF ADJUSTMENT
A public hearing was held before the Board of Adjustment on August 3, 2006. The board
received testimony from staff, the applicant, and interested citizens. On the requirements
for granting a variance the board finds:
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a. That special conditions and circumstances (do) (do not) exist which are peculiar to the
land, structures, or buildings involved and which are not applicable to other lands,
structure, or buildings in the same district;
b. That literal interpretation of the provisions of this title (doec) (does not) deprive the
applicant of rights commonly enjoyed by other properties in the same district under the
terms of this title;
c. That the special conditions and circumstances (do) (do not) result from the actions of
the applicant;
d. That granting the variance requested (will) (will-not) confer on the applicant any special
privilege that is denied by this title to other lands, structures, or buildings in the same
district;
e. Further, the reasons set forth in the application (do) (do not)justify the granting of the
variance, and that the variance, if granted, is the minimum variance that will make possible
the reasonable use of the land, building, or structure;
f. That granting the variance (will)(will not) be in harmony with the general purposes and
intent of this title, and will not be injurious to the neighborhood, or otherwise detrimental to
the public welfare.
g. The request(does) (does not)meet the requirements of chapter 17.10.040 AMC for
granting a variance.
DECISION TO GRANT A VARIANCE
Based on the forgoing findings, the Anacortes Board of Adjustment(denies) (grantc)a
variance to Mark Nilson and Katrine Eagling to construct an accessory building in the side
yard abutting I Avenue subject to the following conditions:
This decision and findings were adopted by the Anacortes Board of Adjustment on August
3, 2006.
CIT -ANACO T S BOARD OF ADJUSTMENT
B J.M k106l A'‘
B. . Snyder, hair of the Board of Adjustment
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•
CHRIS FROST CHIROPRACTIC AND MASSAGE THERAPY
August 2, 2006
City of Anacortes
Board of Adjustment
Attn: Edwin Frank
904 6`h Street
Anacortes, Washington 98221
Re: Kay Eagling
Dear Mr. Frank,
Please allow Ms. Engling to retain a parking place within 20 feet of entry to her house,
due to her current medical condition. Thank-you for your consideration in this matter.
Sincerely,
,./�\
(y,,(`v..9 9A
Chris Frost, D.C.
1116 17th Street I Anacortes, WA 98221 I (360) 293-6277 I fax (360) 299-2296
CHRIS FROST CHIROPRACTIC AND MASSAGE THERAPY
August 2, 2006
City of Anacortes
Board of Adjustment
Attn: Edwin Frank
904 6th Street
Anacortes, Washington 98221
Re: Kay Eagling
Dear Mr. Frank,
Please allow Ms. Engling to retain a parking place within 20 feet of entry to her house,
due to her current medical condition. Thank-you for your consideration in this matter.
Sincerely,
Chris Frost, D.C.
1116 17th Street I Anacortes, WA 98221 I (360) 293-6277 I fax (360) 299-2296
CITY OF ANACORTES PERMIT CENTER
Art If
C .;;Ot't P. O. BOX 547, ANACORTES, WA 98221
yam PHONE (360) 293-1901
4000' FAX (360) 293-1938
EDWIN FRANK, BUILDING OFFICIAL
A variance request before the Board of Adjustment July 6,2006 to reduce the required side yard to 0 feet
from 10 feet to allow for the construction of an accessory building.
APPLICANT
Mark Nilson
Katrine Eagling
1701 10`"Street
Anacortes, WA 98221
SITE ADDRESS
1710 10th Street
Parcel Number P55965
ZONING
R3 Medium Density, 50%lot coverage maximum.
APPLICATION HISTORY
July 12,2006—Application and fee received.
1. Complete Application
a. Area Map
b. Completed Application form
c. Arguments addressing conditions for granting a variance
d. Drawings showing existing and proposed site conditions
e. Site photo
2. Fee Paid
3. Mailing list of property owners within 300 feet of subject property.
July 19,2006—Notice published
July 20, 2006—Notice mailed to abutting property owners.
July 19,2006—Notice circulated to staff for comment.
CODE PROVISIONS
17.34.060 Minimum setback requirements.
Minimum setback requirements in an R3 district shall be as follows:
A.Front yard,minimum depth twenty feet;
B. Interior side.A minimum of five feet on one side and no less than fifteen feet on both
sides combined,except that in no instance shall a setback adjacent to a street be less than ten
feet.
C. Side yard on a flanking street,ten feet from property line. If street is a designated
arterial,twenty feet;
D. Rear yard,twenty feet minimum.
1. Where the rear yard does not abut a platted alley,no portion of the primary structure shall
extend into the setback area,regardless of the use of that primary structure.A detached
accessory structure no larger than one hundred forty-four square feet and twelve feet in
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height may be placed in a rear yard,or in the rear twenty-five feet of an interior side yard,
provided that it is set back a minimum of five feet from the rear property line,and three feet
from any side property line.
2.Where the rear yard abuts a platted alley,a detached accessory structure,or that
portion of the primary structure used as an accessory structure, may be built in a rear
yard up to the alley property line,provided that it is set back a minimum of three feet
from any side property line,and is no larger than one thousand square feet and no
more than sixteen feet in height. If the accessory structure is a garage,built so that
vehicles enter the garage from the alley in a direction substantially perpendicular to
the alley,the garage doors shall be set back a minimum of ten feet from the alley
property line to allow adequate turning distance for vehicles.
3.The lot coverage of any accessory structure exceeding one hundred forty-four square feet
shall count as part of the percentage of lot coverage permitted in this zone.
Chapter 17.48 ACCESSORY BUILDINGS, STORAGE, AND DOCKS
17.48.010 General provisions.
A. Accessory buildings shall not be constructed prior to the commencement of construction
of the main building.
B.Accessory buildings shall not exceed one story or sixteen feet in height.Accessory
buildings in all residential zones,except RI shall not exceed one thousand square feet
in size.
C. Uses and buildings customarily accessory to the established principal use shall be
allowed in all cases unless specifically prohibited or restricted.
17.10.040 Powers and duties.
The board of adjustment shall have the following powers and duties:
A. Administrative Review. To hear and decide appeals where it is alleged there is error in
any orders, requirements, decisions, or determinations made by the building inspector in
the enforcement of this title.
B. Variances, Conditions Governing Application, Procedures.
1. To authorize upon appeal in special cases such variance from the terms of the area and
dimensional regulations of this title as will not be contrary to the public interest where,
owing to special conditions, a literal enforcement of the provisions of this title would result
in unnecessary hardship. A variance from the terms of this title shall not be granted by the
board of adjustment unless and until a written application for a variance is submitted
demonstrating all of the following:
a. That special conditions and circumstances exist which are peculiar to the land,
structures, or buildings involved and which are not applicable to other lands, structure, or
buildings in the same district;
b That literal interpretation of the provisions of this title would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
title;
c. That the special conditions and circumstances do not result from the actions of the
applicant;
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this title to other lands, structures, or buildings in the same
district.
2. No conforming use of neighboring lands, structures, or buildings in the same district,
and no permitted use of lands, structures, or buildings in other districts shall be considered
grounds for the issuance of a variance.
3. The following steps are required for consideration of variance:
a. Notice of public hearing shall be given. Written notice shall be mailed to property owners
within three hundred feet of the boundaries of the subject property;
b. The board of adjustment shall obtain reports from all affected city boards or departments
as part of the information to be considered at the public hearing;
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c. The public hearing shall be held. Any party may appear in person, or by agent, or by
attorney;
d. The board of adjustment shall determine in writing whether all of the requirements of
subsections (B)(1) and (2) of this section are met;
e. The board of adjustment shall further make a finding whether or not the reasons set
forth in the application justify the granting of the variance, and that the variance, if granted,
is the minimum variance that will make possible the reasonable use of the land, building,
or structure;
f. The board of adjustment shall further make a finding whether or not the granting of the
variance will be in harmony with the general purposes and intent of this title, and will not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
4. In granting any variance, the board of adjustment may prescribe appropriate conditions
and safeguards in conformity with this title. Violation of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be a violation of
this title.
5. Under no circumstances shall the board of adjustment grant a variance to allow a use
not permitted under the terms of this title in the district involved, or any use expressly or by
implication prohibited by the terms of this title in said district. Variances shall be limited to
the area and dimensional requirements of this title.
6. Whenever a variance provides for or anticipates future construction, such construction
must be commenced, or application made for a building permit, within ninety days from the
date on which the variance was granted.
17.10.060 Appeals of board of adjustment actions.
Any person or persons, taxpayer, department, board of the city, the mayor or the city
council, aggrieved by any decision of the board of adjustment may seek review of such
decision by a court of record, within twenty-one days in the manner provided by the laws of
the state.
SITE CONDITIONS
The existing structure is almost centered east and west on the 60 foot wide lot. The
existing land coverage is about 32% and the proposed land cover is approximately 32%.
The lot is substantially level and abuts an alley on the south side of the lot. This site is a
corner lot situated in the R3. The accessory structure concerned in this request is situated
in the side yard abutting I Avenue and extends approximately 7 feet into the right-of-way.
STAFF COMMENTS
A. Public Works: An encroachment agreement would be considered.
B. Engineering: An encroachment agreement would be considered.
C. Fire: There are no fire issues.
D. Parks: There is no impact on the public parks.
E. Planning/Building: The structure as presented is sited in the required side yard(east)
abutting a side street and extends approximately 7 feet into the right-of-way. There is
approximately 17 feet of yard between the home and the west property line and
approximately 20 feet between the home and the alley property line. A steep drive way
provides access from the rear yard to the basement. This driveway occupies about 50
percent of the width of the rear yard.
FINDINGS OF THE BOARD OF ADJUSTMENT
A public hearing was held before the Board of Adjustment on August 3, 2006. The board
received testimony from staff,the applicant, and interested citizens. On the requirements
for granting a variance the board finds:
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a. That special conditions and circumstances (do) (do not)exist which are peculiar to the
land, structures, or buildings involved and which are not applicable to other lands,
structure, or buildings in the same district;
b. That literal interpretation of the provisions of this title (does) (does not)deprive the
applicant of rights commonly enjoyed by other properties in the same district under the
terms of this title;
c. That the special conditions and circumstances (do) (do not) not result from the actions
of the applicant;
d. That granting the variance requested (will) (will not) confer on the applicant any special
privilege that is denied by this title to other lands, structures, or buildings in the same
district;
e. Further, the reasons set forth in the application (do) (do not)justify the granting of the
variance, and that the variance, if granted, is the minimum variance that will make possible
the reasonable use of the land, building, or structure;
f. That granting the variance (will) (will not) be in harmony with the general purposes and
intent of this title, and will not be injurious to the neighborhood, or otherwise detrimental to
the public welfare.
g. The request(does) (does not) meet the requirements of chapter 17.10.040 AMC for
granting a variance.
DECISION TO GRANT A VARIANCE
Based on the forgoing findings, the Anacortes Board of Adjustment(denies) (grants) a
variance to Mark Nilson and Katrine Eagling to construct an accessory building in the side
yard abutting I Avenue subject to the following conditions:
1. The extent of this variance does not extend beyond the property line. Any
approval to encroach into the right-of-way must be authorized by the Mayor
with recommendation from staff and formalized with a recorded
encroachment agreement.
2. Construction must be commenced, or application made for a building
permit,within ninety days from the date on which the variance was granted.
This decision and findings were adopted by the Anacortes Board of Adjustment on August
3, 2006.
CITY OF ANACORTES BOARD OF ADJUSTMENT
By
B. L. Snyder, Chair of the Board of Adjustment
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0619304-2 0001 07/12/2006 002 8
• Variance Fees $100.00
Application to Board of Adjustment
4400, Request For Variance
Applicant: MARA. Ni LSON VTR\N E GL-I e Phone: ,5(p0
Mailing Address: \70 t I0TH S RETr T
City: kr\tAACcRrF S State: 'WA Zip: q a j
Legal Description: Lot(s): I 4 L Block: I 55 Plat:
Parcel No.: 55965
Description and purpose of variance being requested. (Use additional pages if
necessary) SEE ATTACt-4EeD
Provision of Zoning Ordinance from which variance is requested, include section and
page number.
5EE ATAcHEp
Justification for variance as outlined in Part 17.10.040E of the Zoning Ordinance. (Use
additional pages if necessary)
ATCACHE.1c
• Applicant shall attach names and addresses of all property owners within
300 feet of the property.
• Variances shall be limited to the area and dimensional requirements of the
Zoning Ordinance.
• Construction must commence within 90 days if a variance is granted.
• Attach maps, diagrams or other material, which explain or support the
variance r que .
?Cri eTh� Cs 1Ly 7I i 10(0
Sign ure(s) of Applica t (s) (] I } Date
Hearing Date: Time:
Description and purpose of variance being requested.
We are requesting a variance for 0 clearance set back for the garden shed that is
currently sitting on the southeast side of our property and part of the City Right of
Way. The shed is under the 16' 0" height allowance and measures 10' 0" width
and 11' 11" depth which makes the interior floor footage under 120'. When we
constructed the platform for the shed 2 years ago we were not informed that we
were not allowed to build in this area and we thought that we were inside the
property line, as we were going by where most all other homes on our side of I
Avenue from 6th Street to 14th Street; have existing plantings, walls, fences and
out-buildings. We wish to be able to leave the garden shed where it sits at
present and not move it.
Provision of Zoning Ordinance from which variance is requested, include
section and page number.
Section Number 2, Page Number 12 from the October 2005 City of Anacortes
2005 Subdivision and Zoning Ordinances. Referencing Zoning Ordinance
Chapter17.34: specifically 17.34.030 Permitted Accessory Uses, 17.34.040H
Conditional Uses, 17.34.100 Off-Street Parking Requirements and 17.34.110
Street Improvements.
Justification for variance as outlined in Part 17.10.040E of the Zoning
Ordinance.
Our justification for requesting this variance and asking not to move the garden
shed are as follows.
1) We placed the garden shed in our garden and in the only area that is really
accessible for moving lawn mowers, wheelbarrows and other similar equipment
in and out of the shed with ease. As stated in the description and purpose section
we thought that we were within the allowable footage of the property line and
house when we started the shed 2 years ago. City employees have stopped at
our home and looked at the progress for 2 years and we were never asked to
stop construction or to move the shed until our neighbor had complaints about
his shed and at that time he was told to stop work and we were sited with the
order to move our building. Since then our neighbor has been allowed to resume
construction, which we feel, was the right decision. And we have been advised to
apply for a variance for our shed.
2) (17.34.030 Garage, swimming pool, tool house and other uses customarily
incidental to the permitted uses.) We turned the shed on an angle so as to make
it more attractive to look at for all the neighbors and to be a visually appealing to
the traffic that travels up and down I Avenue and 10th Street. We got the idea
from a home over by Randy's Pier 1 on 4th Street that also has a shed in their
side yard. It looked so attractive that we decided to emulate them. There is also a
shed in much the same area as ours in a yard at 8th Street and K Avenue. We
have also painted it to coordinate with the new paint job we contracted for the
house.
3) (17.34,040H Private parking) and (17.34.100 There shall be at least two off-
street parking spaces per dwelling unit.) We were trying to preserve what little
parking space we have for our personal vehicles by placing the shed in the
yard/garden rather than taking up our parking spaces at the back of our house (1
space) and at the top of the driveway into the garage (lspace). We have already
sustained damage to our fence and pick-up at the back of our house a couple of
years ago when police were in high speed pursuit of a vehicle and it rammed into
our fence and broke an entire section off which fell on our pick-up. No restitution
was ever obtained, as the police were never able to apprehend the driver. We
still have not mended the fence in fear of it being hit again. We are unable to use
the garage under the house for several reasons. The first reason is that the
garage and basement flood frequently due to the poorly designed pumping
system that was designed into the house prior to our ownership. And secondly
the steepness and curve of the driveway nearly caused us to destroy the
transmission in our pick-up when we tried to exit the garage and driveway. We
are currently converting the garage into an art studio so that we have another
working useable area and the storage of all the landscaping equipment is
awaiting your decision on this matter so it can be relocated into the garden shed.
4) (17.34.110 Thirty feet of frontage is required on an improved public street. If a
private street is used, a conditional use permit is required. Where city ordinance
permits development fronting on an unpaved city street, no building permit shall
be issued without a deed restriction being recorded that stipulates that the
property owner will not oppose an L.I.D. for street and utility improvements.) The
most important reason of all for our request to keep the shed in the current
location is that our neighbor across 1 Avenue has quite an assortment of cars,
trucks, boats and a step-van, some of which have not moved in many, many
years, all of which sit on the City Right of Way. We wish to remain friendly with
this neighbor and have never complained about this to the city, although many of
our neighbors have. We have a number of guests into our home and have dinner
parties frequently in our formal dining room, which looks onto our neighbor's
yard. The final reason we placed the garden shed in the location that it is sitting
at present is to obscure the view of this area. Our shed is much more attractive of
a view than the one we will again have to look at if we are forced to move it to
another location.
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A
CHRIS FROST CHIROPRACTIC AND MASSAGE THERAPY
August 2,2006
City of Anacortes
Board of Adjustment
Attn: Edwin Frank
904 6th Street
Anacortes, Washington 98221
Re: Kay Eagling
Dear Mr. Frank,
Please allow Ms. Engling to retain a parking place within 20 feet of entry to her house,
due to her current medical condition. Thank-you for your consideration in this matter.
Sincerely,
v�" � l
Chris Frost,D.C.
1116 17th Street I Anacortes, WA 98221 I (360) 293-6277 I fax (360) 299-2296
-1 '. [
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City of Anacortes Board of Adjustment
Proposed Agenda
Thursday — August 3, 2006
7:00 P.M. — Council Chambers
1. Call to Order
2. Approval of agenda.
3. Approve meeting minutes of previous meeting
New Busniss
Variance to Increase Front Yard Fence height to 6 Feet—3401 West 7th Place
Variance is requested to allow construction of a 6 foot high retaining wall in the front
yard to decrease the slope of the driveway.
Variance to Reduce Rear Yard Setback—706 St. Marv's Drive
Variance is requested to reduce the rear yard setback from 20 feet to 10 feet to construct a
new single family residence.
Variance to Reduce the Side Yard Setback at the Abutting Street.
Variance is requested to reduce the side yard setback from 10 feet to 0 feet to construct a
120 square foot accessory building.
Revised July 20,2006
Memorandum
To: Steve Lange, Dan Harju, Bob Hyde, Ian Munce, Gary Robinson, Rick
Hrvey, Fred Buckenmeyer, Marc Krueger ^�
From: Ed Frank
Date: 7/19/2006
Re: Variance Request— 1701 10th Street
Please return comments to me on the attached request by July 28,2006.
1 wEd/ 6yArgelenag, 7 do .von/ Set 4' ,'"1"tts c 4 .
opeta kcs&s-.
/?cE44,VEr 2/z04G
1
Memorandum
To: Steve Lange, Dan Harju, Bob Hyde, Ian Munce, Gary Robinson, Rick
Harvey, Fred Buckenmeyer, Marc Krueger
From: Ed Frank
Date: 7/19/2006
Re: Variance Request— 1701 10th Street
Please return comments to me on the attached request by July 28,2006.
Est c 4 Yee
I
Memorandum
flu
To: Steve Lange, Dan H ju, Bob Hyde, Ian unce, Gary Robinson, Rick
arvey, Fred Bucke er, Mar eger
m: Ed Frank
Date: 7/19/2006
Re: Variance Request— 1701 10th Street
Please return comments to me on the attached request by July 28,2006.
Ed _
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1
CHRIS FROST CHIROPRACTIC AND MASSAGE THERAPY
August 2, 2006
City of Anacortes
Board of Adjustment
Attn: Edwin Frank
904 6th Street
Anacortes, Washington 98221
Re: Kay Eagling
Dear Mr. Frank,
Please allow Ms. Engling to retain a parking place within 20 feet of entry to her house,
due to her current medical condition. Thank-you for your consideration in this matter.
Sincerely,
Chris Frost, D.C.
1116 17th Street I Anacortes, WA 98221 I (360) 293-6277 I fax (360) 299-2296
L'Og, ,.s
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of Adjustment will hold a Public Hearing the evening of
Thursday, August 3, 2006 at 7:00 p.m. in the Municipal Building Council Chambers, 6th and "Q"
•
Avenue. The purpose of the Public Hearing is to consider a request for a variance from the side yard
setback requirements from 10 feet to 0 feet to allow construction of a 120 square foot storage building at
E 1701 10th Street.
Anyone wishing to comment on the proposed variance request may do so at the above stated date,place
{
and time. Written comments are welcome and should be addressed to Ed Frank, Building Official,P.O.
Box 547, Anacortes, WA 98221.
2x
•
°./v VvVYt/1
Wanda Jo _son, City Clerk
If reasonable accommodation due to a disability is needed contact Ed Frank at 293-1901 by two weeks
prior to the meeting date.
Sl
R
PUBLISH: Anacortes American—July 19, 2006
_.rst..t��evye,'-te..:.mi .�ca��-.z:.=:..�...esa i�.;r:�.�•-� ..ruu.-asssacuk,.,.».aµ.;:w:szeuae,�:.ss�•a�;a,�Rur.;...r~cam;.tc:nxu..ct...a._.sn:s....�.,t.-.;.._�.c a:asuocvn..3ss::r
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of Adjustment will hold a Public Hearing the evening of
xj Thursday, August 3, 2006 at 7:00 p.m. in the Municipal Building Council Chambers, 6th and "Q"
it Avenue. The purpose of the Public Hearing is to consider a request for a variance from the side yard
setback requirements from 10 feet to 0 feet to allow construction of a 120 square foot storage building at
•
1701 10`'' Street.
Anyone wishing to comment on the proposed variance request may do so at the above stated date,place
and time. Written comments are welcome and should be addressed to Ed Frank,Building Official,P.O.
Box 547, Anacortes, WA 98221.
Wanda Johnson, City Clerk
if
If reasonable accommodation due to a disability is needed contact Ed Frank at 293-1901 by two weeks
prior to the meeting date.
di
y PUBLISH: Anacortes American—July 19,2006
Memorandum
To: Steve Lange, Dan Harju, Bob Hyde, Ian Munce, Gary Robinson, Rick
Harvey, Fred Buckenmeyer, Marc Krueger
From: Ed Frank
Date: 7/19/2006
Re: Variance Request— 1701 10th Street
Please return comments to me on the attached request by July 28,2006.
1
_O1' :r4 : u 1 O i 12/ :3
ii 11L +' a!:Ua_
Application to Board of Adjustment
"�naR Request For Variance
Applicant: MARK NI(ESON KATR\N\E f A&LINGPhone:c(po-53.F-03 41(
Mailing Address: 17G I 10TH S T RE 1
City: /\NtA CORVE S State: 'WA Zip: qal
Legal Description: Lot(s): 1 4 Z Block: 155 Plat:
Parcel No.: 559 C0 5
Description and purpose of variance being requested. (Use additional pages if
necessary) SEE ATTACHED
Provision of Zoning Ordinance from which variance is requested, include section and
page number.
5 E E H ED
Justification for variance as outlined in Part 17.10.040E of the Zoning Ordinance. (Use
additional pages if necessary)
ATtACHED
• Applicant shall attach names and addresses of all property owners within
300 feet of the property.
• Variances shall be limited to the area and dimensional requirements of the
Zoning Ordinance.
• Construction must commence within 90 days if a variance is granted.
• Attach maps, diagrams or other material, which explain or support the
variance r que
10(0
Sign ure(s) of Applica t (s) Date
Hearing Date: Time:
is:ip .re
Description and purpose of variance being requested.
We are requesting a variance for 0 clearance set back for the garden shed that is
currently sitting on the southeast side of our property and part of the City Right of
Way. The shed is under the 16' 0" height allowance and measures 10' 0" width
and 11' 11" depth which makes the interior floor footage under 120'. When we
constructed the platform for the shed 2 years ago we were not informed that we
were not allowed to build in this area and we thought that we were inside the
property line, as we were going by where most all other homes on our side of I
Avenue from 6th Street to 14th Street; have existing plantings, walls, fences and
out-buildings. We wish to be able to leave the garden shed where it sits at
present and not move it.
Provision of Zoning Ordinance from which variance is requested, include
section and page number.
Section Number 2, Page Number 12 from the October 2005 City of Anacortes
2005 Subdivision and Zoning Ordinances. Referencing Zoning Ordinance
Chapter17.34: specifically 17.34.030 Permitted Accessory Uses, 17.34.040H
Conditional Uses, 17.34.100 Off-Street Parking Requirements and 17.34.110
Street Improvements.
Justification for variance as outlined in Part 17.10.040E of the Zoning
Ordinance.
Our justification for requesting this variance and asking not to move the garden
shed are as follows.
1) We placed the garden shed in our garden and in the only area that is really
accessible for moving lawn mowers, wheelbarrows and other similar equipment
in and out of the shed with ease. As stated in the description and purpose section
we thought that we were within the allowable footage of the property line and
house when we started the shed 2 years ago. City employees have stopped at
our home and looked at the progress for 2 years and we were never asked to
stop construction or to move the shed until our neighbor had complaints about
his shed and at that time he was told to stop work and we were sited with the
order to move our building. Since then our neighbor has been allowed to resume
construction, which we feel, was the right decision. And we have been advised to
apply for a variance for our shed.
2) (17.34.030 Garage, swimming pool, tool house and other uses customarily
incidental to the permitted uses.) We turned the shed on an angle so as to make
it more attractive to look at for all the neighbors and to be a visually appealing to
the traffic that travels up and down I Avenue and 10th Street. We got the idea
from a home over by Randy's Pier 1 on 4th Street that also has a shed in their
side yard. It looked so attractive that we decided to emulate them. There is also a
shed in much the same area as ours in a yard at 8th Street and K Avenue. We
have also painted it to coordinate with the new paint job we contracted for the
house.
3) (17.34.040H Private parking) and (17.34.100 There shall be at least two off-
street parking spaces per dwelling unit.) We were trying to preserve what little
parking space we have for our personal vehicles by placing the shed in the
yard/garden rather than taking up our parking spaces at the back of our house (1
space) and at the top of the driveway into the garage (lspace). We have already
sustained damage to our fence and pick-up at the back of our house a couple of
years ago when police were in high speed pursuit of a vehicle and it rammed into
our fence and broke an entire section off which fell on our pick-up. No restitution
was ever obtained, as the police were never able to apprehend the driver. We
still have not mended the fence in fear of it being hit again. We are unable to use
the garage under the house for several reasons. The first reason is that the
garage and basement flood frequently due to the poorly designed pumping
system that was designed into the house prior to our ownership. And secondly
the steepness and curve of the driveway nearly caused us to destroy the
transmission in our pick-up when we tried to exit the garage and driveway. We
are currently converting the garage into an art studio so that we have another
working useable area and the storage of all the landscaping equipment is
awaiting your decision on this matter so it can be relocated into the garden shed.
4) (17.34.110 Thirty feet of frontage is required on an improved public street. If a
private street is used, a conditional use permit is required. Where city ordinance
permits development fronting on an unpaved city street, no building permit shall
be issued without a deed restriction being recorded that stipulates that the
property owner will not oppose an L.I.D. for street and utility improvements.) The
most important reason of all for our request to keep the shed in the current
location is that our neighbor across I Avenue has quite an assortment of cars,
trucks, boats and a step-van, some of which have not moved in many, many
years, all of which sit on the City Right of Way. We wish to remain friendly with
this neighbor and have never complained about this to the city, although many of
our neighbors have. We have a number of guests into our home and have dinner
parties frequently in our formal dining room, which looks onto our neighbor's
yard. The final reason we placed the garden shed in the location that it is sitting
at present is to obscure the view of this area. Our shed is much more attractive of
a view than the one we will again have to look at if we are forced to move it to
another location.
(17.34.110 Thirty feet of frontage is required on an improved public street. If a
private street is used, a conditional use permit is required. Where city ordinance
permits development fronting on an unpaved city street, no building permit shall
be issued without a deed restriction being recorded that stipulates that the
property owner will not oppose an L.I.D. for street and utility improvements.) In
conclusion it was not our intention to violate any city ordinances by building our
garden shed in this area, but rather to beautify our neighborhood and our view.
Even though we are on an improved public street not an unpaved city street we
request that you allow us to keep our shed in its current location until the City of
Anacortes widens I Avenue or requires an L.I.D. for any other street and utility
improvements. Enclosed are photographs of our house and garden shed and
also a photo of our view of the neighbors yard.
We would also like to point out that we love our neighbors, neighborhood and
Anacortes, though we feel as though we are being singled out. We have spent a
great deal to improve our home and purchased nearly all of our materials and
labor from local suppliers and contractors. We pray that we will be able to keep
the shed in its current location. However, after reading these zoning ordinances
and taking a look around at our neighborhood it appears that most all of us have
some sort of violation. We can see where this is heading and would rather live in
a friendly community rather that a feuding one. Thank you in advance for your
consideration of our variance request.
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Properties within 300 Feet of 1701 10th Street
300' Radius Owner Owner Address City St Zip
1611 9th St GRAVES KENNETH R 1103 18TH Anacortes WA 98221
1615 9th St MORGAN DENISE M 30634 S SKAGIT HIGHWAY Sedro Woolley WA 98284
1619 9th St MALESIC MARILYN Y 1619 9th St Anacortes WA 98221
1701 9th St FRANULOVICH PAVAO 1701 9th St Anacortes WA 98221
1709 9th St RAYRAY BERNADETTE C 1709 9th St Anacortes WA 98221
1717 9th St CROWE MARIBETH C 1717 9th St Anacortes WA 98221
1608 10th St VAN DE PUTTE EUGENE 172 WATMOUTH HEAD RD Lopez WA 98261
1614 10th St ARNETT TERRY 12 MONTERREY PL Longview WA 98632
1618 10th St BEATTY DANNY L P O BOX 324 Anacortes WA 98221
1702 10th St KRAUSE ROBERT W 1702 10th St Anacortes WA 98221
1706 10th St PERKINS DONALD A 1706 10th St Anacortes WA 98221 I
1720 10th St ERIKS NORMAN L & SAXTON ANDREA K P O BOX 1816 Anacortes WA 98221
1603 10th St ANDERSON KEITH A P O BOX 874 Anacortes WA 98221
1607 10th St ZORZYNSKI VICTOR & ROBERTA 1352 HUSTON RD Walnut Creek CA 94595
1613 10th St ORME INEZ G 1613 10th St Anacortes WA 98221
1619 10th St SCHLABACH FAITH B 1619 10th St Anacortes WA 98221
1707 10th St GRIGNON DANIEL T 1707 10th St Anacortes WA 98221
1711 10th St DYER HAROLD L 1711 10th St Anacortes WA 98221
1715 10th St BROWN DENISE 1715 10th St Anacortes WA 98221
1719 10th St ERLANDSON DOUGLAS W 1719 10th St Anacortes WA 98221
1610 11th St JONES RONALD C 1610 11th St Anacortes WA 98221
1614 11th St HAYES STEVEN & MERRIMAN ELIZABETH 4630 MORAN RD Oak Harbor WA 98277
1620 11th St YEOMAN MARGARET M 1620 11th St Anacortes WA 98221
1014 I Ave D°AMELIO LUCIEN A & KATHRYN P 0 BOX 181 Anacortes WA 98221
1706 11th St MONOHON PAUL E 1706 11th St Anacortes WA 98221
1710 11th St HORAK R D 1710 11th St Anacortes WA 98221
1716 11th St GIBSON GREGORY A & CHARLENE 5 1716 11th St Anacortes WA 98221
1013 H Ave SILLIGO DOLORES PO BOX 474 Anacortes WA 98221
1607 11th St OLEARY TIMOTHY V & CHRISTINE M 1609 11TH ST Anacortes WA 98221
1609 11th St OLEARY TIMOTHY 1609 11TH ST Anacortes WA 98221
1619 11th St PARKINSON BRUCE 1619 11th St Anacortes WA 98221
1701 11th St TRI PROPERTIES LLC & DUO 1819 10TH ST Anacortes WA 98221
1705 11th St MAJOR RUSSELL E & RENA G 1705 11th St Anacortes WA 98221
1715 11th St MENDUM WILLIAM J P O BOX 1656 Anacortes WA 98221
Garden Shed Variance Addresses 7/12/2006