Hearing Examiner #: HE-14-PL-004
Planning #:CUP2013-00004 / CAP2013-00073
City Contact:Lindsay Kershner
Hearing Date: 03/12/2014
Description: Conditional Permit Request of Craig Allen and Karen Reid-Allen re 120 Hawthorne Road
Decision Date: 03/24/2014
Decision Summary:Approved with conditions
came before the Bellingham Hearing Examiner for hearing on the 12th
day of March 2014, on the application of Craig Allen and Karen Reid-Allen for a Conditional Use Permit to add approximately 6,098 square feet of floor area to an existing single-family residence at 120 Hawthorn Road in Bellingham.
Testimony was received from Lindsay Kershner, Bellingham Planning and Community Development Department; and Terry Brown, Zervas Group, Applicants' Representative.
In addition to the Bellingham Municipal Code and Comprehensive Plan, the following documents were considered as part of the record: See Exhibit List
I. FINDINGS OF FACT
1. Terry Brown, Zervas Group, on behalf of owners Craig Allen and Karen Reid-Allen, applied for a Conditional Use Permit to add approximately 6,098 square feet of floor area to an existing 4,191 square foot single-family residence located at 120 Hawthorn Road (Assessor's Parcel Numbers 370212016383 and 370212033395).
2. The subject property is approximately 3.5 acres in size (147,495 square feet) located on Hawthorne Road near the junction of Middlefield Road in Area 4 of the Edgemoor Neighborhood.
3. The property is designated Residential Single, Detached, 20,000 square feet minimum lot size. Special conditions include view, historic, and marine access where feasible.
4. Lairmont Manor abuts the property to the southwest. Other single-family residences are located to the south, east and west.
5. The property slopes down from the south side of the property to Hawthorn Road. The southern part of the property is heavily forested. The northern portion is landscaped. The existing residence is centrally located on the lot. The addition would be constructed to the east of the existing structure.
6. A stormwater site plan with engineered stormwater management plan is required for the proposal because it will create or replace more than 5,000 square feet of impervious surfacing. The required stormwater management plan will likely reduce existing stormwater run-off onto the Hawthorn Rd. sidewalk and street.
7. An active bald eagle nest is located approximately 125 feet south of the southwest corner of the existing residence. The nest is approximately 175 feet from the area of the proposed addition. Slopes on the southern portion of the property exceed 40 percent. A Critical Areas Permit is required for the proposal due to the habitat conservation area and geologic hazard. This permit will be reviewed under the Critical Areas Ordinance by the Planning and Community Development Department. A habitat conservation area assessment has been performed for the site. It concludes that the project is not likely to have an adverse effect on the eagles and recommends mitigation measures which will likely be included as conditions of the critical areas permit. The proposed addition is not located within the landslide hazard area or the required 50-foot buffer.
8. BMC 20.16.020S.3. provides that a single-family residence containing 5,500 square feet of total floor area, or more, is a conditional use in the Residential Single and Residential Multi zones. The criteria for conditional use approval for an oversize residence are set forth in this section and in BMC 20.16.010.
9. The proposed addition includes a master suite, guest suite, recreational space, and garage area. Both the addition and existing structure are two stories. The proposed addition has been designed in the same style as the existing structure.
10. Eight oversize residence conditional use permits have been issued for structures in Area 4 of the Edgemoor Neighborhood. These residences range in size from approximately 6,500 to 11,000 square feet of floor area. Seven other oversize residence permits have been issued for structures in other subareas of the Edgemoor Neighborhood. A number of residences in the Edgemoor Neighborhood that were constructed prior to the adoption of BMC 20.16.020S.3. exceed 5,500 square feet in total floor area.
11. Setbacks for the proposed addition greatly exceed the minimum required setbacks. The proposed height of the building is approximately 22 feet, eight inches, approximately 12 feet less than the maximum allowed height. The property will have approximately 85% open space. 30% open space is the minimum requirement. The proposal will provide three parking spaces in the garage plus additional spaces in the driveway.
12. A neighborhood meeting was held for the proposal on November 19, 2013. Ten members of the public attended.
13. Public comment was received for the proposal. Several comments expressed concerns regarding existing stormwater run-off onto Hawthorn Road and protection of the eagle nest. Other comments were supportive of the proposal. One comment generally opposed the use of scarce resources for large homes.
14. City staff has recommended approval of the application subject to conditions set forth in the Staff Report.
15. The proposed addition will not have a significant adverse impact on views from other properties.
16. The design of the proposal, including roof style and building articulation, is consistent with that typically found in single-family residential construction.
17. The proposal promotes the health, safety and general welfare of the community. It provides a desired housing style in an area that is compatible with larger homes and on a very large lot.
18. The proposed use satisfies the purpose and intent of the Residential use type. The proposal is for a single-family residence.
19. The proposed use will not be detrimental to the surrounding neighborhood. Due to the size of the property, the topography and the surrounding vegetation the proposal is minimally visible from other residences. The proposed structure is setback at least 100 feet from property lines. The proposal will be required to satisfy requirements for a critical areas permit and stormwater management. It is likely that the proposal will reduce or eliminate an existing drainage problem.
II. CONCLUSIONS OF LAW
1. The proposal satisfies the conditional use criteria set forth in BMC 20.16.010 and .020.
2. A Conditional Use Permit should be granted subject to the conditions set forth below.
3. Any Finding of Fact that should be denominated a Conclusion of Law shall be deemed to be a Conclusion of Law. Any Conclusion of Law that should be denominated a Finding of Fact shall be deemed to be a Finding of Fact.
A Conditional Use Permit is granted for the proposed addition to the single-family residence located at 120 Hawthorn Road, subject to the following conditions:
1. The total floor area of the residence shall not exceed 10,289 square feet. The exterior of the proposed structure shall be substantially as described in the materials and representations submitted in support of the proposal, provided the structure may be reduced in size, height, and/or bulk. The structure shall be located on the site substantially as shown in Exhibit C
to the Staff Report, provided the footprint may be reduced in size.
2. A Critical Areas Permit shall be obtained prior to issuance of a building permit and prior to site work, including, but not limited to, landscaping. The proposal shall comply with the Critical Areas Ordinance, BMC 16.55, and all conditions imposed in the critical areas permit.
3. An engineered stormwater report and plan shall be submitted for review and approval of the Public Works Department at the time of building permit application. Stormwater facilities shall be installed to limit run-off from the property to Hawthorn Road. Necessary drainage facilities shall be installed in accordance with the approved plan. The construction and use shall comply with all stormwater regulations.
4. New construction shall comply with all requirements of the Bellingham Municipal Code.
5. Construction activities shall be managed to minimize disruption to vehicular and pedestrian traffic on neighboring streets. Construction vehicles shall be parked on the property to the extent feasible.
6. This permit is for the construction and use of the property for one single-family residence. The property shall not be divided or reduced in size without first obtaining amendment of this conditional use permit, after a public hearing.
ENTERED this 24th
day of March 2014.
Bellingham Hearing Examiner