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1052 B AVE (2).pdfob iteturn'to* 96 40111 City Clerk City af,Edmonds 121St"Ve.N. 02 / 046 98. 10 : 26 p.0004 Recorded Edmonds, WA98020. Snoltomish County 'Covenant for Accessory D ' A wellin Unit Property Owner 00 (grantor): Donald Paris Lois Paris Legal Description: ' Lot 5, Block 4, Yost's First Addition Section 25 Township 27N Range 3E. WM. Tax Account Number: 6194- 004-005-0109 The purpose of this document is to establish that a legally created nontransferable accessory dwelling unit exists for the above grantor/grantee at the site described. Terms for this covenant have been agreed to and signed by the property owner(s) in the following document. COVENANT ACCESSORY DWELLING UNIT WHEREAS, the undersigned owner of property has been granted a. conditional use permit by the city of Edmonds to maintain an accessory dwelling unit on the hereinafter described residential realty, and WHEREAS, such approval is subject to certain conditions and will automatically expire in the event that such conditions are no longer met, and WHEREAS, among those conditions is the provision that the permit is personal to the applicant and will expire in the event that the primary residence and accessory dwelling unit are rented, leased, sold or otherwise conveyed to a person other than the applicant and undersigned owner, NOW, THEREFORE, �,©��' z�u.-, (hereinafter "Owner(s)") does hereby covenant, stipulate and promise as herein set forth: 1. Touch and Concern the Land. This covenant touches and concerns a tract of residential real property (hereinafter "site") with a street address of /r 214'ate Edmonds, Washington, and legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. 2,. Existence and Expiration of Accessory Dwellincr Unit Approval. On the application of the Owner(s), the City of Edmonds has approved a conditional use permit to install an accessory dwelling unit at the subject tract described in M 02040111 r...•+xn w,ima.�amrawm:-.�rafAe. rcrma-0tat lfrruA _k,AN..x...aL+�4 Y.... 1. �: «,. •..:',; '' �: paragraph I in the incorporated Exhibit A. The terms of such approval and conditions are described in Chapter 20.21 of the Edmonds Community Development code as the same exists or is hereafter amended. Among the conditions are the requirements that the approval is personal to the Owner and shall automatically expire whenever: 2.1 The accessory dwelling unit has been substantially altered and is no longer in conformance with the plans and drawings reviewed and approved by the City of Edmonds. 2.2 The Owner(s) ceases to maintain three or more off- street parking spaces on the site for the use of the primary residence and the accessory dwelling unit. 2.3 The primary residence and accessory dwelling unit are sold, rented, leased or otherwise conveyed to a person other than the undersigned Owner(s) and applicant. Therefore, in the event that the residence and accessory dwelling unit shall be jointly sold, rented, leased or otherwise conveyed to a person other than the Ownek, the approval for the residential real estate shall automatically expire. 3. Covenants to Notify and Restore Property. In consideration of the approval of a conditional use permit to maintain the accessory dwelling unit perimit, the undersigned Owner(s) hereby covenants to notify any prospective purchaser of the automatic expiration of the accessory dwelling unit upon the sale, rental, lease or other conveyance of the herein described residential parcel. The Owner(s) further covenant that, prior to 4, 1 . 1' closing such sale or conveyance, the premises shall be restored to, its original condition by removal of any kitchen facilities Other than the primary kitchen installed for the use of the primary residence. DONE this c / day of Z'l2 • . STATE OF WASHINGTON j ss; r �$tie091 COUNTY OF On this/ da of Y uwz�.ra��u :'gym. byln , 19, beforeae undersigned, a Notary Poblic duly commissioned and personally appeared 2,�/,flL84 _Z) 4� Go,,S .�9Ri-3 to me kn ja i be the individual(s) described in and who executed the forejbing..... Covenant, and he/she/they acknowledged to me on oath tat they executed the same as their free and voluntary act and deed. NOTARY PUBLIC My commission expire . 0,4 1,11, i 0006.150.052 08/25/89 WSS/klt COVENANT ACCESSORY DWELLING UNIT WHEREAS, the undersigned owner of property has been granted a conditional use permit by the City of Edmonds to maintain an accessory dwelling unit on the hereinafter described residential realty, and WHEREAS, such approval is subject to certain conditions and will automatically expire in the event that such conditions are no longer met, and WHEREAS, among those conditions is the provision that the permit is personal to the applicant and will expire in the event that the primary residence and accessory dwelling unit are rented, leased, sold or otherwise conveyed to a person other than the applicant and undersigned owner, NOW, THEREFORE, (hereinafter "Owner(s)") does hereby covenant, stipulate and promise as herein set forth: 1. Touch and Concern the Land. This covenant touches and concerns a tract of residential real property (hereinafter "site") with a street address of Edmonds, Washington, and legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. 2. Existence and Expiration Of Accessory -Dwellincr Unit AvProval. On the application of the Owner(s), the City of Edmonds has approved a conditional use permit to install an accessory dwelling unit at the subject tract described in W9S51667A ATTACHMENT 9 File No. CU-96-60 paragraph I in the incorporated Exhibit A. The terms of such approval and conditions are described in Chapter 20.21 of the Edmonds Community Development Code as the same exists or is hereafter amended. Among the conditions are the requirements that the approval is personal to the owner and shall automatically expire whenever: 2.1 The accessory dwelling unit has been substantially altered and is no longer in conformance with the plans and drawings reviewed and approved by the City of Edmonds. 2.2 The Owner(s) ceases to maintain three or more off- street parking spaces on the site for the use of the primary residence and the accessory dwelling unit. 2.3 The primary residence and accessory dwelling unit are sold, rented, leased or otherwise conveyed to a person other than the undersigned Owner(s) and applicant. Therefore, in the event that the residence and accessory dwelling unit shall be jointly sold, rented, leased or otherwise conveyed to a person other than the Ownek, the approval for the residential real estate shall automatically expire. 3. Covenants to -Notify and Restore P Property. In consideration of the approval of a conditional use permit to maintain the accessory dwelling unit permit, the undersigned Owner(s) hereby covenants to notify any prospective purchaser of the automatic expiration of the accessory dwelling unit upon the sale, rental, lease or other conveyance of the herein described residential parcel. The Owner(s) further covenant that, prior to WSS51667A -2- f ' r•'�Y�'ix:.'�L'NL't`.:t+s.lAC:�s.'>r'r_^.*rt,^.a.ceuv.�srr,r.,.ren�tnsr-t^m.:nwr....rcn�+�ar.-..-.»+... .._r �M"} .i CITY OF IEDMdNCiSe idV�1SHiNGTda BUILDING PERMIT Applitant hereby certites that a plot, plan, drawings, and sufficient details to indicate IV's space 13 For the intention to fulfill a1 zoquiements of this code arc attached hereto. G;}y fnsprcCta' Only j Application is hereby made for permit to do the following work: .....,,_.,..»,..._...._.._..... .......... ............ ........... ........................... .... . ................... ...................._..-'...._........._.......... tl i ..._,:...._.........._...._...._ ..._:......._».._» I71Q�........................................ .»..............................................................� 'S +� I Lot...... .................. Block ....4............................................................... _.................... ......... .................. _......._.. .. _.. ___._..... »... ..._......,._... .._..-...` :._.. ................................................... ..................................... Y.. r. 05 3 d Fr +.-.........._................__..__..__. {� k. ,.._......:.' .... at _....% . ,» 1. Building dimensions ........... 4.t:.......... x....!ry�� .................. ' _ E G.{�........X...I.� ..`................... 2. Lot dimensions ................ . 3. Building will i•e ......... stories. ment .... 4. Base .. ...�!'... pr S. Occupancy of 5uilding will be...... ........... _.... _......................... G, ,,,,,,,,,,,,,,,, feet from the nearest adjoining line. t. 9. Owner...., �t �S W. .. ��... f'4:^............... _........... ................. 8. Owner's Address...» �. Q...I2-..`....Gi............. 4 9. Builder .......... ..........................__..._. io. Builder's Addmss....,......t a .......................... ...... .......... .,,................... ................. .................._. _ 1 t ...................... ........./�N...._ ....._.....,...._.._....I.....f ................. t_9V... ,.••.•.. (tywae, o, hire t) Permission is hereby granted to do the work described hereon, according to the approved plans and specificttxona pertaining hereto. subject to compliance with the ordinances of the City of Edmonds. t PERMIT" 562 t. The building permit tee which rMirent pays wimp (ermh it itmed than be bated on ettimstcd cost of the proposed atrurmrt, at the rate of g2.00 for tad, 5700000 of con. If the actual ctst of the structure, when finatiY determined, exceeds the etlnstrd cost by more than s7. trpileent "rest to Pay addith.tat fee of St..nn for each S1000.00 of Loch "rest cost. (, 2. Whenever a mnrna fnr eemeruamn 11 axeeutnl for any ttmctum cutting more than $1000.00 for whitb a license archittre of "nea is not req*ired.by du Iuildime Ctde of the City of Ldmoad,, the application for a building permit shell be fceermpani,d by a copy of the [aonaa tad *copy of the deutlsd specifications. ;. prior to emMoYFng any Lbor or etxnmeaeing work, notify the Industrial Io.r.oce Disisloo of the Itepartment of Labor *od XMU% ie, string to estimate of the payroll and make mamhly "Purer of payrolls. Full imtruaiont should be obtained from the neatest rdicro of the bepaemuest of Labor and Iodmvim Before rrnni paymen4 the owns, should obtal0 a meat. teom the general evmnemn who in corn should obtain release from .11 tub•cootnemn. Th. Mere should Iss snared by the nepmemot of L*bor and.lnduwle.;Tbe abora proosdurn ace sq.1—mu,of the Slats Industrial unseat- Aa. I r .... ....... .._...._...._... �� _.. �a--...._...._....___...._...._..._...._...._._.... _......... _.................... .............................. ..... .................... Lot......' Block.....4........................_....... ..................... at...._...�-+�?..._ ..........: . «t1 .d ....__...._....... .......M.._...._.... .. 1. Building dimensions ......•..,.4i.U.........x....! r` .................. 2. Lot dimensions ..._...........6 2......s.-42:..y................ 3. Building will be ......... I ............. stories. 4. Basement S. Occupancy of uildill will be .....••••••.••••............................ �, ••,,,,., `g.......... feet from the nearest adjoining line. 9. Owner....._�I r1..}ia Q? ..... �E}r}n �� . 1.::......._................._......................_......... S. Owner's Address..... S.A. �.. ?c..`..GT kr Cna..C�:.� ! _....... - ..... .............. 9. Builder ........... ...... +GI.Cbvt',1.r........... ............... ... ._.................. ............. ............. _.... to. Builders Address. .... _..... f.,-� . ................................. _................ ............... ................... Date">�.................?9J....... f I 1_ 1' i. towner or hiss U - ( 01 Permission is hereby granted to do the wor'lt described hereon, according to the approved plans and specifi-titms pertaining hfxeto, !! subject to compliance with the ordinances of the City of Edmonds. t PERMIT N° 562 7 � . hich ePpti.ot Pay, .1,,n IKnais Is fvue t• The buffding Permit tee wd shalt be bated on estimated cox td the pmlK d ettuctum, at the me of S2.00 tot i1400.00 .f con. it the aM.1 cost of the structum, when fnatty determined, escted+ the erdm.md coat by mom than 1i . +rplimt +tree, to Pay " ►��^� of $2.00 for each $1000,00 of such excess mst. x. Whoo—, a r wn a tot eennructlan fa ermted for any'luau. costing mom than Slo00.0o fot which a Iiceme%J xmbktet or eaginmx Ie not resiuited•by I the Wfdt.p Code of the City of P.dmomds, fie arpH.t1.n for ; 6ul[ding permit shall be s:eomP.nted by t copy of the eettrtet tad s copy of the detailed t s{uciftadons. � � ' 3• Ptior to empfoytog .ny Isboe or eommcaef.s work, notify the industrial Iomrsnce Division of the bcpattmeat of Lbor tad Iodortlo. thing to ertlmaW of the Payro[t and A. mantbty mlwrn of PaymtH. toil instrum{ons abou[d be obt.inea nod team the nrest e,�m Pa of the Detement a! Labor and Indaamiea. Retort font Payment, the awntc should obtsln . rNea.e tam the Feaent cootnma,m who in mt. .hould obtals mletse from .It sabtoott.mw.. The coleus al:tmt4 `b. .U'wd by the n,p,mtemt of L.bar and,lndustrfss _,Tbe abort pmo durre to, r,qu1nmseM 0f thr Seine Indunrfai Inwnnn A". ti t It, , J. y ? t. �tt `APPLICATION & BUILDING PIPIRW AppL No: C18'Y OF EDMONDS Building Depo'r@ment Pcxmit'limit, one year' � {t tt AOPUCAMON is hereby made for a permit to ccastruct the following %ork, in acootdanes with the accom f parrying plans and specifications. Two sets are submitted hcreivith for approval. alter Off -St. new _. .......: ...... ..... ... ......................_ ...._..»._. Parking Woraddn repair .' ' } Occupancy...........................t.._... Cont, rrpc ._..»»............ Use zone3... _. Fir .. , I/I aat�4.. t1 r t _.. Addxcss. Lot........_.... » Bk..t....... .. Ad Lot frontage ._...........: .................. Area ......_....._......._... .. .._ Septic tank ......... .._...._.._ » rr -i — front.. -1 Bldg. r. lode ... _............ 1. side a .................... scuba Own .... ��2t'J,,...kti :...-....._. ... �vAddtrc+../C. rP .:.. ./...` ..... Tel. IJ�t'!!`• ` ".lG3lfefj ! jJ 1 Builder.....: Address. Tel. No. b�. .._... Address................................................... Tel. Pk+ttss_......»....._....................................? Tltis per;ait covors work to bo done RemarPa?..ii ivaic..P:1:Q.v : tJ..AhLY_......................................................... .. ........... Cn the gui:?ia doaain ' •. - ............. `:' `tea. ��wt a{.' .i .•.....�: «..^.St00„ ..............» ................. The above is a correct. statement, and I agree to comply with all applicable Codes and State laws regulating this ((( work. M " /�J//J(n/,j��t A!�_Signed. OwnerlAgent,.��i�`•t�'-�'L....`: `..tLy%�J• - t PERMIT for the above work is hereby approved, subject to the above condition, and to compliance with the ap 1 proved plans and specification, and Building Department notation thereon. �p jtj I C G� G Permit fee.t4..`�1�1 Vaivaaon......r............»................_..... � f t Budding Department, By...» :....:... ... ............... :EY{,Date:........ / } NOTE —`Phis permit does not cover plumbing, sewer, or electrical instalkation, nor does it Permft any work to be .• done in the Right of Way areas. Driveways and walkways must be planned to meet the official grades of streets � i and alleys, and plans for future sidewalk development. t a , t i' ;.t ins%'•.. t' iJJu RECEIVED JAN 2 1 i998 PIRMIT COUNTER BARBARA FAHEY MAYOR Est. IS9V FINDINGS, CONCLUSIONS AND DECISION OF AE HEARING EXAMINER CI1'Y OF EDMON iS APPLICANT: Donald F. Paris CASE NO.: CU-96-60 LOCATION: APPLICATION: REVIEW PROCESS: MAJOR ISSUES: 1052 "B" Avenue (see Exhibit A, Attachment 1). Application for a Conditional Use Permit to allow an "Accessory Dwelling Unit" in an existing single-family residence (see Exhibit A, Attachments 2 through 4). Conditional Use Permit, Hearing Examiner conducts public hearing and issues final decision. a. Compliance with Edmonds Community Development Code (ECDC) Chapter 16.50 (RS - SINGLE-FAMILY RESIDENTIAL). b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05 (CONDITIONAL USE PERMITS). c. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.21(ACCESSORY DWELLING UNITS). d. Compliance with Edmonds Community Development Code (ECDC) Section 20.100.010 (HEARING EXAMINER, PLANNING ADVISORY BOARD AND CITY COUNCIL REVIEW). Staff Recommendation: Hearing Examiner Decision: Approve with conditions Approve with conditions • incorporated August 11, 1890 Sister Cities International — Hekinan, Japan Hearing Examiner Decision Case No. CU-96-60 Page 2 PUBLICHEARING: After reviewing the official file which included the Planning Division Staff Advisory Report; and after visiting the site, the Hearing Examiner conducted a public hearing on the Paris application. The hearing on the application was opened at 9:39 a.m., May 16, 1996, in the Plaza Room, Edmonds Library, Edmonds, Washington, and closed at 9:48 a.m. Participants at the public hearing and the exhibits offered and entered are listed in this report. A verbatim recording of the hearing is available in the Planning Division. HEAVING COMMENTS: The following is a summary of the comments offered at the public hearing. 'i From the City: Jeff Nilson, Current Planning Supervisor, reviewed the staff report, and recommended approval with conditions. He noted there are two sewer stubs to the house and said no more than five unrelated persons can live on the site. He also noted that the application complies with all setback and height requirements set forth in the zoning code. From the Applicant: Don Paris said he wants to add an upper room to an existing carport. He said he needs the room for his use. He also said the house was built as a duplex in 1956 and he bought it as a duplex. He also said he has parking for six cars and noted that he has a 30 foot motor home, not a 40 foot motor home as described in Exhibit B. From the Community: No one from spoke either in favor of or in opposition to the application at the hearing. However, one letter was review from neighbors, Mr. And Mrrs.'Daukel (Exhibit B). The Daukels objected to the request and said that the granting of a Conditional Use Permit will in fact make the area into a multi family zone with a potential for 18 homes with accessory dwelling units in their block. They felt approval of the application will result in more vehicles and traffic and will impact and change the character of the neighborhood. A. SITE DESCRIPTION 1. Site Development and Zoning: a. Facts* (1) Size and Shame: The subject property is approximately 7,500 square feet (.17 acres) in area and is generally rectangular in shape with 60- feet of frontage on "B" Avenue (see Exhibit A, Attachment 4). (2) Land Use: The subject property is currently developed with an existing single-family residence (see Exhibit A, Attachment 4). (3) Zoning: The subject site is zoned Single -Family Residential - 6,000 square feet minimum lot size (RS-6) (see Exhibit 1). rrn^�rrm'rt°wri rrn^rcrrrrwmmr Dearing Examiner Decision Case No. CU-96-60 Page 3 2. Neighboring Development and Zoning: a. Facts: (1) North: The area is developed with single-family residences and zoned RS-6 (see Exhibit A, Attachment 1). (2) South: The area is developed with single-family residences and zoned RS-6 (see Exhibit A, Attachment 1). (3) East: The area is developed with single-family residences and zoned RS-6 (see Exhibit A, Attachment 1). (4) Wes . The area is developed with single-family residences and zoned RS-6 (see Exhibit A, Attachment 1). b. Conclusion: The approval of an "Accessory Dwelling Unit" would not result in the construction of a new residence, or use of the site in a manner which is inconsistent with the surrounding zoning or development. B. HISTORY 1. a. Facts• (1) Records (MetroScan) indicate that the subject house was built in 1956. The records also indicate that the Assessor's classified the subject house as "11101 RES., SGL Family RES, DETACHED, 1 UNIT" with a total of 1,183 square feet (4 bedrooms, 2 baths, 1 unit). (2) Records contained in the City's "street file" state that more than 1 unit exists on the site. Two (2) sewer stubs were provided to the house. (3) The earliest zoning code that we still have record of, was adopted in 1964. We do not have records of any prior code. Therefore, we do not know if the subject property could legally have two units. (4) The current request for a Conditional Use Permit for an "Accessory Dwelling Unit" was determined to be necessary because the applicant had submitted a building permit application to enlarge the structure. (5) Staff determined the present use of the subject property (two units) to be a legal nonconforming use. Pursuant to the ECDC Section regarding legal nonconforming uses, expansion of a legal nonconforming use requires that the use must be brought into conformance (see Exhibit A, Attachment 5). C. STATE ENVIRONMENTAL POLICY ACT (SEPA) 1. a. Fact: The application is exempt from SEPA pursuant to WAC 197-11- 800(1)(b)(i). b. Conclusion: The applicant and the City have satisfied the requirements of SEPA. (--iHearing Examiner Decision Case No. CU-96-60 Page 4 1. a. _._acts. (1) The subject property is subject to review under ECDC Chapter 20.15.E (Interim Critical Amu) as part of the application process. (2) The applicant had submitted a Critical Areas Checklists, and the City has issued a "Waiver" of the requirement to prepare a Critical Areas Study, under CA File No. 96-40 (see Exhibit A, Attachment 6). 2. a. Fact: The fundamental site development standards pertaining to a detached single-family residence in an RS-6 zone are set forth in ECDC Section 16.20.030. b. onclusion. The proposal complies with the lot and dimension regulations for the RS-6 zone as set forth in ECDC Section 16.20.030. 3. a. Fact: Section 20.05.010 states the criteria by which all Conditional Use Permit applications are to be reviewed. b. Conclusion: The proposed establishment of an "Accessory Dwelling Unit" in an existing detached single-family residence does comply with the required review criteria, with the exception of the requirement for three (3) off-street parking spaces, which is discussed in detail in Section D.6 below. 4. a. Facts (1) ECDC Section 20.21.010 requires the applicant to have owned and resided on the subject property for a period of not less than two (2) years, unless a waiver is granted pursuant to ECDC Section 20.21.015. (2) The applicant has submitted an affidavit stating that he has both owned and resided on the subject property for more than two (2) years (see Exhibit A, Attachment 3). b. Conclusion: The applicant complies with the ownership/residency requirements as stipulated in ECDC Section 20.21.010 and is therefore eligible to apply for and receive the requested permit. 5. a. Fact: ECDC Section 20.21.020 requires that the overall density of the subject property shall not exceed the maximum permitted under the definition of a "family" as stated in ECDC Section 21.30.010 (see Exhibit A, Attachment 8). b. Conclusion: It is unknown whether the total number of proposed occupants will comply with the definition of a "family" as stipulated in ECDC Section 21.30.010, as required by ECDC Section 20.21.020 and therefore should be clarified prior to occupancy of the "Accessory Dwelling Unit". 6. a. Facts• (1) ECDC Section 20.21.025 states that the applicant must provide proof of ownership and residency consistent with the requirements of Sections 20.21.010 and record a covenant to run with the property regarding the use and restrictions which apply to the presence of an "Accessory Dwelling Unit" on the subject property (see Exhibit A, Attachment 7). .a Hearing Examiner Decision Case No. CU-96-60 Page 5 (2) The applicant has provided an affidavit of residency and ownership as proof to confirm compliance with the requirements of Section 20.21.010 and 20.21.105, however, the applicant has not completed the required "Covenant - Accessory Dwelling Unit" (see Exhibit A, Attachments 3 and 8). b. Conclusion: The "Covenant - Accessory Dwelling Unit" which is intended to run with the property should be completed by the applicant and returned to the City, along with the appropriate recording fees, for recording with the County Auditor prior to occupancy of the accessory unit (see Exhibit A, Attachment 9). 7. a. Facts: (1) ECDC Section 20.21.030 sets forth the review criteria for evaluating requests for a Conditional Use Permit to allow an "Accessory Dwelling Unit" (see Exhibit A, Attachment 7). (a) ECDC Section 20.21.020.D requires that three (3) off-street parking spaces be provided on site, in order for an application for an "Accessory Dwelling Unit" to be approved. (b) The applicant has shown on Exhibit A, Attachment 4 the location of the existing off-street parking spaces. The existing parking spaces do not appear to provide for the required three (3) off-street parking spaces required by Section 20.21030.D. It appears that the applicant only has a two -car carport without specifically identifying where the third off-street parking space will be provided (see Exhibit A, Attachment 4). (c) ECDC Section 20.21.030.F requires that the primary or "Accessory Dwelling Unit" be occupied by the applicant. b. Conclusions: (1) The applicant has resit most of the required provisions of ECDC Section 20.21.030 for the approval of a Conditional Use Permit for an "Accessory Dwelling Unit". (2) The applicant should clarify for the record via a revised site plan, that the site can accommodate three (3) off-street parking. Therefore, a revised parking plan providing for a minimum three (3) off-street parking spaces should be submitted to the Planning Division for approval. 8. Fact: ECDC Section 20.21.035 state that a Conditional Use Permit for an "Accessory Dwelling Unit" is not transferable (see Exhibit A, Attachment 7). 9. Fact: ECDC Section 20.21.040 stipulates certain conditions that shall apply to a approved Conditional Use Permit for an "Accessory Dwelling Unit" (see Exhibit A, Attachment 7). E. TECHMCAL Ci MMI[TTEE 1. a. Facts: (1) The proposed project has been reviewed and evaluated by other Departments/Divisions of the City (i.e. Fire Department, Public Works Division, and the Parks & Recreation Division). No comments were submitted. c Hearing Examiner Decision Case No. CU-96-60 Page 6 (2) Even though specific comments were not provided by other Departments or Divisions within the City, it is still the applicants responsibility to comply with applicable City development regulations at the time of any building permit submittal. b. Conclusion: The applicant should comply with all requirements placed on the proposed development by other Departments/Divisions of the City. F. COMPREHENSIVE PLAN (ECDC) L a. F.g: The subject property and adjacent properties are designated as "SINGLE-FAMILY - SMALL LOT". The proposed use of the subject property is consistent with the Comprehensive Plan land use designation for the site. b. Conclusion: The primary use of the subject property is consistent with the underlying designation in the City's Comprehensive Plan for Land Use. 2. a. Facts: The adopted City of Edmonds Comprehensive Plan (adopted 6/20/95) has established goals and policies regarding residential development in the City. The following are identified goals and policies which address the proposed application (see Exhibit A, Attachment 10). (1) It is the goal of the City (see Page 30, RESIDENTIAL DEVELOPMENT, subparagraph `B. - Goal") that: "High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. The options available to the City to influence the quality of housing for all citizens should be approached realistically in balancing economic and aesthetic considerations, in accordance with the following policies:" (2) It is a stated policy of the City (see Page 30, RESIDENTIAL DEVELOPMENT, subparagraph B.2) to: "Protect neighborhoods from incompatible additions to existing buildings that do not harmonize with existing structures in the area." (3) It is a stated policy of the City (see Page 30, RESIDENTIAL DEVELOPMENT, subparagraph B.4) to: "Support retention and rehabilitation of older housing within Edmonds whenever it is economically feasible." b. Conclusions: (1) The apparent continued use of the subject property as a single-family residence with an "Accessory Dwelling Unit" is consistent with adopted goals and policies for residential development in the City. (2) As required in ECDC Section 20.21.030.C, the appearance of the existing single-family residence would not be changed in a manner that would cause the building to appear as anything other than a single-family residence. Efforts to maintain the building in the appearance of a single-family residence will protect the neighborhood from incompatible uses. •. � F a ,y Bearing Examiner Decision Case No. CU-96-60 Page 7 DECISION Based upon the foregoing :findings and conclusions, the requested Conditional Use Permit is approved, subject to the following conditions: 1. This application is subject to the applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 2. The prMary dwelling or the "Accessory Dwelling Unit" shall be occupied by the owner of the subject property as long as the "Accessory Dwelling Unit" is used for dwelling purposes separate and distinct from the primary dwelling. 3. In no event shall the total number of occupants exceed one "family" as defined by Edmonds Community Development Code Section 21.30.010 (see Attachment S). 4. Prior to occupancy, the applicant shall: a. Submit to the Engineering Division for review and approval, a parking area design plan for a total of a minimum of 3 off-street parking spaces. b. Complete and return to the Planning Division, along with the required recording fee, the "Covenant - Accessory Dwelling Unit" (see Attachment 9). 5. The subject permit shall expire immediately upon any of the following circumstances: a. The "Accessory Dwelling Unit" is substantially altered and is thus no longer in conformance with the plans and drawings reviewed and approved by the Hearing Examiner and Building Official. b. The subject site ceases to maintain three (3) or more off-street parking spaces which comply with the standards set forth in the ECDC. 6. This permit shall not be transferable to subsequent property owners. Entered this 29th day of May, 1996, pursuant to the authority granted the Hearings Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. Ron McConnell Hearing Examiner Hearing Examiner Decision Case No. CU-96-60 Page 8 RECONSIDERATION AND APPEALS: The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. REQUEST FOR RECONSIDERATION: Section 20.100.010.E allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony, or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B. APPEALS: Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within ten (10) working days after the date of the decision being appealed EXHIBITS: The following exhibits were offered and entered into the record. A. Planning Division Advisory Report B. Letter from Mr. And Mrs. S.J. Daukel, dated 5/13/96 PARTIES of RECORD: Donald F. Paris 1052 "B" Avenue Edmonds, WA 98020 Mr. And Mrs. S.J. Daukel 10417'b Avenue South Edmonds, WA 98020 Planning Division Engineering Division Fire Department Parks Department Public Works Department ROUTED TO: 1006wng � 91 51 Fire 4126L26 Public Works 4J2b19b Parks 8t Rec. 41.26196 Staff M t-mo RR%"Fl V 4:,D RETURNED APR 2 61996 Engineering_ �GIi!JEEFilNG Fire Public Works Parks ex Rec. *Additional Information Required for Complete Application *Additional Studies Required to Complete Review • Owner DONALD PARTS ® Property Address 1052 "B" AVENUE Date of Application 4125/9.6 ® Type CU FOR AN ACCESSORY DWELLING UNIT ® Hearing RequiredNes_ X _ No Date of Hearing (if known) .5/1 6/96 X Application X Fee X APO List Title Report Vicinity Map Elevations Petition (Official Street Map) Critical Areas Determination OTHER COMMENTS Site Plan for Short Subdivision (8.5 x 11) X Site Plan (11 x 17) Legais (Existing & Proposed) Environmental Assessment Proof of 2-Year Occupancy (ADU) Declarations (Variance & C. U. P.) Environmental Checklist mlti ; APPLICATION ROUTING FORM FILE: CUa96.60 AND CHECKLIST FROM: PLANNING ROUTED TO: RETURNED 4.. Engineering 4/26196 Engineering Fire 4/26/26 Fire Public Works, 4/26/96 Public Works Z4,44� _ Paris, RecbL216� Parks e€ Rec. Staff Comments: *Additional information Required for Complete Application *Additional Studies Required to Complete Review ® Owner, DONAt D PARiS ® PropertyAddress 3 QB2 "B" A I NIi E • Date of Application 4125/96 s Type CU FOR AN ACCESSORY DWELLING UNIT ® Hearing Required:YesX_ No Date of Hearing (if known) 5/.16/96- X Application Site Plan for Short Subdivision (8.5 x 11) X Fee X Site Plan (11 x 17) X APO List Legals (E)dsting & Proposed) Title Report Environmental Assessment Vicinity Map Proof of 2-Year Occupancy (ADU) Elevations Declarations (Variance & C. U. P.) Petition (Official Street Map) Environmental Checklist Critical Areas Determination OTHER COMMENTS File No.: V-96-48 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: May 6, 1996. ................................................................................................................................... th t said newspaper was re g Is y is ted to its subscribers . dur g all of said period. ........... . .. ..... ................. ............................................ Principal Clerk Subscribed and sworn to before me this ...........6...h daof...............r?y.....................,................, 19..96. .. ........................................................... Notary Fubhc in and for a St to of Washington, residing at Everett, Sn omi County. 1 Y� O; CITY OF. �EI�i�IONDS �� BARBARA FAHEY' MAYOR 260 6TH AVENUE NORTH • EDMONDS, WA 98020 • (206) 771.0220 • FAX (206).771.0221. COMMUNITY SERVICES DEPARTMENT s Ft $� Public Works v Planning • Parks and Recreation * Engineering Letter of Transmittal Date:. May 9,1996 To Donald Paris ,`1052 "E" Avenue Edmonds, WA 98020 Subject: CU-96-60 Transmitting. Agenda and Staff Report for 5/16/96 Hearing. Examiner Meeting For Your Information:. XX As you requested: For your file: Comment: Note attachments: Sincerely, Diane M. Cunningham,Planning Secretary e, Mcorporated'August 'IT, 1890 • Sister.Cities International - Hekinan, Japan', EDmOND�,,HEARINGEXAMINER , . MEETING AGENDA., MAY 16,1996 AT 9:00 A.M. Plaza Room - Edmonds Library 650 Main Street FILE: CU-96-60 HEARING DATE, TIME, AND PLACE: MAY 16 1996 AT 9:00 AM Plaza Room - Edmonds Library 650 Main Street TABLE OF CONTENTS Section Pate Application................................................................................................................................... 2 Recommendation........................................................................................................................... 2 SiteDescription............................................................................................................................ 3 History......................................................................................................................................... 3 State Environmental Policy Act (SEPA)........................................................................................ 4 Edmonds Community Development Code (ECDC) Compliance...................................................... 4 TechnicalCommittee..................................................................................................................... 6 ComprehensivePlan (ECDC).....................................................................•................................... 6 Requestfor Reconsideration.......................................................................................................... 7 Appeals........................................................................................................................................ 7 Appendices................................................................................................................................... 7 Partiesof Record.......................................................................................................................... 7 EXHIBIT "A" FILE NO. CU-96-60 �neF..., 'Zd Pa V Fite Qo. 96-60 Page 2 of I. INTRODUCTION A. APPLICATION 1. Applicant: Donald F. Paris (see Attachment 2). 2. Site Location: 1052 "B" Avenue (see Attachment 1). 3. uest: Application for a Conditional Use Permit to allow an "Accessory Dwelling Unit" in an existing single-family residence (see Attachments 2 through 4). 4. Review Process: Conditional Use Permit, Hearing Examiner conducts public hearing and issues final decision. 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Chapter 16.50 (RS - SINGLE-FAMILY RESIDENTIAL). b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05 (CONDITIONAL USE PERMITS). C. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.21(ACCESSORY DWELLING UNITS). d. Compliance with Edmonds Community Development Code (ECDC) Section 20.100.010 (HEARING EXAMINER, PLANNING ADVISORY BOARD AND CITY COUNCIL REVIEW). B. RECOMMENIDATIONS Based on Statements of Fact, Conclusions, and Attachments in this report, we recommend approval of the applicant's request subject to the following conditions: 1. This application is subject to the applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 2. The primary dwelling or the "Accessory Dwelling Unit" shall be occupied by the owner of the subject property as long as the "Accessory Dwelling Unit" is used for dwelling purposes separate and distinct from the primary dwelling. 3. In no event shall the total number of occupants exceed one "family" as defined by Edmonds Community Development Code Section 21.30.010 (see Attachment 8). 4. Prior to occupancy, the applicant shall: a. Submit to the Engineering Division for review and approval, a parking area design plan for a total of a minimum of 3 off-street parking spaces. b. Complete and return to the Planning Division, along with the required recording fee, the "Covenant - Accessory Dwelling Unit" (see Attachment 9). 5. The subject permit shall expire immediately upon any of the following circumstances: a. The "Accessory Dwelling Unit" is substantially altered and is thus no longer in conformance with the plans and drawings reviewed and approved by the Hearing Examiner and Building Official. b. The subject site ceases to maintain three (3) or more off-street parking spaces which comply with the standards set forth in the ECDC. h.,d Pares o-No. CU-96-60 f Pale 3 of 6.. This permit shall not be transferable to subsequent property owners. 1 i 7. IF. THE `APPLICANT CAN NOT PROVIDE FOR THREE. (3) .TOFF STREET pARIUNG. SPACES ' AS ; REQUIRED IN RECOMMENDATION" CA ABOVE WHICH COMPLY WITH THE CITY PARIUNG, .DESIGN STANDARDS, THEN THE PERMIT SHALL BE IMMEDIATELY VOID. II. FINDINGSQF FACT AND CONCLUSIONS A. SITE DESCRIPTION L. Site Development and Zoning: a. Facts: (1) Size and Shane: The subject property isapproximately 7,500. square feet (.17 acres) in area and is generally rectangular in shape with 60-feet of frontage on "B" Avenue (see Attachment 4). (2) Land Use: The subject property is currently developed with an existing single-f unily residence (see Attachment 4). (3) Zoning: The subject site is zoned Single -Family Residential 6,000 square feet minimum lot size (RS-6) (see Exhibit 1). 2. Neighboring Development and Zoning: a. Facts: (1) North: The area is developed with single-family residences and zoned RS-6 (see Attachment 1). (2) South: The area is developed with single-family residences and zoned RS-6 (see Attachment 0. (3) Egs& The area is developed with single-family residences and zoned RS-6 (see Attachment 1). (4) West: The area is developed with single-family residences and zoned RS-6 (see Attachment 1). b. Conclusion: The approval of an "Accessory Dwelling Unit" would not result in the construction of a new residence, or* use of the site in a manner which is inconsistent with the surrounding zoning or development. B. HISTORY 1. a. Facts: (1) Records (MetroScan) indicate that the subject house was built in 1956. The records also indicate that the Assessor's classified the subject house as ,IIlol RES., SGL Family RES, DETACHED, 1 UNTT" with a total of 1,183 square feet (4 bedrooms, 2 baths, 1 unit). (2) Records contained in the City's "street file" state that more than 1 unit exists on the site. Two (2) sewer stubs were provided to the house. (3) The earliest zoning code that we still have record of was adopted in 1964. We do not have records of any prior code. 'Therefore, we do not lmow if the subject property could legally have two units. CU9&W.D0MMAY-46 RBPORTMAFFMWORTS P atio. CU.96.60 Page 4 of7 (4) The current request for a. Conditional Use hermit for an "Accessory Dwelling Unit" was determined to be necessary because the applicant had submitted a building permit application to enlarge the structure. (5) Staff' considers the present use of the subject property (two units) to be a legal nonconforming use. Pursuant to the ECDC Section regarding legal nonconforming uses, expansion of a legal nonconforming use requires that the use must be brought into conformance (see Attachment 5). i C. STATE ENVIRONMENTAL POLICY ACT (SEPA) 1: a. Fact: The application is exempt from SEPA pursuant to WAC 197-11- 800(1)(b)(i)• !' b. Conclusion: The applicant and the City have satisfied the requirements of SEPA. D. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE 1. a. Facts: (1) The subject property is subject to review under ECDC Chapter 20.15.11 (Interim Critical Areas) as part ofthe application process. (2) The applicant had submitted a Critical Areas Checklists, and the City has issued a 'Waiver" of the requirement to prepare a Critical Areas Study, under CA File No. 96.40 (see Attachment 6). 2. a. Fact: The fundamental site development standards pertaining to a detached single- family residence in an RS-6 zone are set forth in ECDC Section 16.20.030. b. Conclusion: The proposal complies with the lot and dimension regulations for the RS-6 zone as set forth in ECDC Section 16.20.030. 3. a. Fact: Section 20.05.010 states the criteria by which all Conditional Use Permit applications are to be reviewed. b. Conclusion: The proposed establishment of an "Accessory Dwelling Unit" in an existing detached single-family residence does comply with the required review criteria, with the exception of the requirement for three (3) off-street parking spaces, which is discussed in detail in Section H.C.6 below. 4. a. Facts: (1) ECDC Section 20.21.010 requires the applicant to have owned and resided on the subject property for a period of not less than two (2) years, unless a waiver is granted pursuant to ECDC Section 20.21.015. (2) The applicant has submitted an affidavit stating that he has both owned and resided on the subject property for more than two (2) years (see Attachment 3). b. Conclusion: The applicant complies with the ownership/residency requirements as stipulated in ECDC Section 20.21.010 and is therefore eligible to apply for and receive the requested permit. 5. a. Fact: ECDC Section 20.21.020 requires that the overall density of the subject property shall not exceed the maximum permitted under the definition of a "family" as stated in ECDC Section 21.30.010 (see Attachment 8). CU96-60MOMB-MAY•96 PWORMTAffWXPORTS, .. LfdYaria o. cu• "O Pam s of7 b. Conclusion. It is unknown whether the total number- of proposed. occupants will comply with the definition of a "family" as stipulated in ECDC Section21.30.010, as required by ECDC Section 20.21.020 and therefore should be clarified prior to occupancy of the "Accessory Dwelling Unit". 6. A. Eags: (1) ECDC Section 20.21.025 states that the applicant must provide proof of ownership and residency consistent with the requirements of Sections 20.21.010 and record a covenant to run with the property regarding the use and restrictions which apply to the presence of an "Accessory Dwelling Unit" on the subject property (see Attachment 7). (2) The applicant has provided an affidavit of residency and ownership as proof to confirm compliance with the requirements of Section 20.21.010 and 20.21.105, however, the applicant has not completed the required "Covenant Accessory Dwelling Unit" (see Attachments 3 and 8). b. Conclusion: The "Covenant -Accessory Dwelling Unit" which is intended to run with the property should be completed by the applicant and returned to the City, along with the appropriate recording fees, for recording with the County Auditor prior to occupancy of the accessory unit (see Attachment 9). ?. a. Facts: (1) ECDC Section 20.21.030 sets forth the review criteria for evaluating requests for a Conditional Use Permit to allow an "Accessory Dwelling Unit" (see Attachment 7). (a) ECDC Section 20.21.020.1) requires that three (3) off-street parking spaces be provided on site, in order for an application for an "Accessory Dwelling Unit" to be approved. (b) The applicant has shown on Attachment 4 the location of the existing off-street parking spaces. The existing parking spaces do not appear to provide for the required three (3) off-street parking spaces required by Section 20.21030.D. It appears that the applicant only has a two - car carport without specifically identifying where the third off-street parking space will be provided (see Attachment 4). (c) ECDC Section 20.21.030.E requires that the primary or "Accessory Dwelling Unit" be occupied by the applicant. b. Conclusions: (1) The applicant has met most of the required provisions of ECDC Section 20.21.030 for the approval of a Conditional Use Permit for an "Accessory Dwelling Unit". (2) The applicant should clarify for the record via a revised site plan, that the site can accommodate three (3) off-street parking. Therefore, a revised parking plan providing for a minimum three (3) off-street parking spaces should be submitted to the Planning Division for approval. 8. Fact: ECDC Section 20.21.035 state that a Conditional Use Permit for an "Accessory Dwelling Unit" is not transferable (see Attachment 7). 9. Fact: ECDC Section 20.21.040 stipulates certain conditions that shall apply to a approved Conditional Use Permit for an "Accessory Dwelling Unit" (see Attachment 7). CU98 WDOC\&MAY-% REMRTMTAF?%MRTS r > Paris U. CU-96.60 Page 6 of9 E. TECHNICAL COMMITTEE i i 1. a. Facts: (1) The proposed project has been reviewed and evaluated by other Departments/Divisions of the City (i.e. Fire Department, Public Works Division, and the Parks cot Recreation Division). No comments were submitted. (2) Even though specific comments were not provided by other Departments or Divisions .within the City, it is still the applicants responsibility to comply } with applicable City development regulations at the time of any building permit submittal., b. R Conclusion: The applicant should comply with all requirements placed on the proposed development by other Departments/Divisions of the City. E F. COMPREHENSIVE PLAN (ECIDC) `. 1. a. Fact: The subject property and adjacent properties are designated as "SINGLE- { i:AMILY - SMALL LOT". The proposed use of the subject property is consistent with the Comprehensive Plan land use designation for the site. b. Conclusion: The primary use of the subject property is consistent with the underlying designation in the City's Comprehensive Plan for Land Use. 2. a. Facts: The adopted City of Edmonds Comprehensive Plan (adopted 6/20195) has established goals and policies regarding residential development in the City. The following are identified goals and policies which address the proposed application (see Attachment 10). (1) It is the goal of the City (see Page 30, RESIDENTIAL DEVELOPMENT, subparagraph "B. - Goal") that: w "High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. The options available to the City to influence the quality of housing for all citizens should be approached realistically in balancing economic and aesthetic considerations, in accordance with the following policies:" (2) It is a stated policy of the City (see Page 30, RESIDENTIAL DEVELOPMENT, subparagraph B.2) to: "Protect neighborhoods from incompatible additions to existing buildings that do not harmonize with existing structures in the area." (3) It is a stated policy of the City (see Page 30, RESIDENTIAL DEVELOPMENT, subparagraph BA) to: i "Support retention and rehabilitation of older housing within Edmonds whenever it is economically feasible." b. Conclusions: (1) The apparent continued use of the subject property as a single-family residence with an "Accessory Dwelling Unit" is consistent with adopted goals and policies for residential development in the City. (2) As required in ECDC Section 20.21.030.C, the appearance of the existing single-family residence would not be changed in a manner that would cause the building to appear as anything other than a single-family residence. CU9&60.i OMMAY-96 RMRT=TAFF1RMRTS LFaTto. CU 96.60 Page 7 of Efforts to maintain the building in the appearance of a single-family residence will protect the neighborhood from incompatible uses. III. RECONSIDERATION'S AND APPEALS The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. REQUEST FOR RECONSIDERATION Section 20.100A10.G allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony, or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B. APPEALS Section 20.105.020.A & ,B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within ten (10) working days after the date of the decision being appealed. IV. APPENDICES Attachments 1 through 10 are attached. 1. Vicinity / Zoning Map 2. Application 3. Affidavit of Ownership/Residency (submitted 4/25/96) 4. Site Plan 5. ECDC Section 17.40.010 --NONCONFORMING USES„ 6. Critical Areas Checklist and Staff Determination of Waiver (issued 3/6/96) 7. ECDC Chapter 20.21- "ACCESSORY DWELLING UNITS" S. ECDC Section 21.30.010 - DEFINITIONS - "FAMILY" 9. Covenant - Accessory Dwelling Unit 10. City of Edmonds Comprehensive Plan - RESIDENTIAL DEVELOPMENT (Page 30) VI. PARTIES OF RECORD Applicant Edmonds Planning Division Edmonds Public Works Division Edmonds Engineering Division Edmonds Parks & Recreation Division Edmonds Fire Department CU96- 0=08-MAY-96 RU0RTS\STAFFRMRT3 city of eionds land use aoolicatiol 0 ARCHITECTURAL DESIGN BOARD 13 COMP PLAN AMENDMENT CONDITIONAL USE PERMIT HOME OCCUPATION E3 FORMAL SUBDIVISION 0 SHORT SUBDIVISION Q LOT LINE ADJUSTMENT (3 PLANNED RESIDENTIAL DEVELOPMENT Q OFFICIAL STREET MAP AMENDMENT I STREET VACATION 0 REZONE L3 SHORELINE PERMIT L3 VARIANCE / REASONABLE USE EXCEPTION 0 OTHER FILE# W % W ZONE P-6-6 DATE 1-/ 19t REC'D BY Yrva FEE RECEIPT# HEARING DATE Icio HE C3 STAFF PB 0 ADB 13 CC TAKEN: APPEAL# Applicant 124 4 6 Phone -7 ri' -6M,:J Address- 10,5--:2 --6 � A. sa,-A tzats(:c Property Address or Location 14 -Z 7- - -0 6!3t,-- Property Owner :a/ ki zz FC? Y-/'� Phone Address l i A,-- J -Js- �)o Agent Phone Address Tax Acc # - 4-i 1 ,a 16-6 Sec. Twp. _ Rng. Legal Description Details of Project or Proposed Use' The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction bs-mzrl in whole or in Dart uoon false, misleading, inaccurate or incomplete information furnished by the applic employees. ATTACHRAFN' The undersigned applicant grants his/ her/ its permission for public officials and the E enter the subject property for the purpose of inspection and posting attendant to this i 2 50 SIGNATURE OF APPLICANT/ OWNER/ AGENT two L 9 A &AVAJO ow ICITY COPY 17.40 CHAPTER 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS 17.40.000 PURPOSE The purpose of this chapter is to allow certain nonconforming uses, buildings and lots to continue while prohibiting further nonconformity. Other nonconforming uses, buildings, signs and lots, which are declared to be nuisances, are required to be eliminated. 17.40.010 NONCONFORMING USES A. Definition. A nonconforming use is one which was once allowed by applicable land use regulations, but is no longer allowed, due to the passage or later change of this zoning ordinance and where applicable its predecessor. B. Continuation. A nonconforming use may continue, unless required to be abated by subsection C below, but it may not be expanded in any way, including additional lot area, floor area, height, number of employees, equipment, or hours of operation. C. Abatement. Any non-residential use located in a residential zone district or in the OS zone district shall be discontinued within fifteen years after the use first became nonconforming. if the affected use is not operated in a building, it shall be discontinued within three years of the notice. These time periods may be extended under subsections D and E below. The time shall commence from the time the use first became nonconforming under this ordinance and where applicable its predecessor. D. Notice to Owner. The Community Development Director shall notify each property owner affected by subsection C above. The notice shall state the provisions of subsection C, and that the owner may apply within one year of the date of the notice for an extended amortization period. The notice shall be filed for record with the County Auditor. Failure to provide notice, or to record the same, shall not extend the mandatory time of conformance or discontinuance. E. Extended Amortization Ap2lication. The owner shall, with his application, deposit $500 with the city to cover the cost of the city hiring an economic consultant to provide an analysis of what amortization period would be reasonable in terms of A17ACHMENT 5 123 File No. CU-96-60 17.40.010 the particular use and the owner's investment. The application shall be processed in the same manner as a conditional use permit (Chapter 20-05). The Hearing Examiner shall base his decision on the data contained in the economic analysis, plus other information introduced at the hearing, including information on the significance of the use's incompatibility with nearby residents or property.- The city shall refund any portion of the $500 deposit not used in processing the application. F. Recorded Notice. After the one-year period has passed, or an extended amortization application has been processed, the Community Development Director shall file for record with the County Auditor, a notice of the date by which the nonconforming use must be discontinued. G. Lapse of Time. 1. If a nonconforming use ceases for a continuous period of six months, any later use of the property occupied by the former nonconforming use shall conform to this zoning ordinance. 2. If a nonconforming residential use ceases because its building is damaged in excess of 50% of its value, the use may be reestablished if construction of a new or repaired building begins within one year of the date the damage occurred. H. Conditional Uses. A legal use does not become nonconforming because the zone in which it is located is changed to a zone district which requires a conditional use permit for the use. However, the use may not be altered, as stated in subsection B, without obtaining a conditional use permit. 17.40.020 NONCONFORMING BUILDINGS A. Definition. A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the City of Edmonds or the application of such ordinance in the case of a structure annexed to the City. B. Continuation. A nonconforming building may be maintained and continued, unless required to be abated elsewhere in this chapter or section, but it may not be changed or altered in any manner which increases the degree of nonconformity of the building. C. Historic buildings. Nothing in this section shall prevent 124 0-- City of Edmonds r1 � �st Y v ,. w1 .M e� k . _ ; a' 11. St MAR QWUWTV&hV 98 The Critical Areas Checklist cwt,aianed on ; . and submit it to the City. Tile City will, this form is to be filled out by aany person iev im the checklist, snake a precursory site preparing a Development Permit `: visit, and snake a aietera ffitatign. of the Application for the City of Edmonds prior subsequent steps necessary to complete a to his/her submittal of a devrelopment development pennit application. permit to the City. • ..With a signed copy of this form, the The purpose of the Checklist is to enable applicant should also submit a vicinity map City staff to determine'Whether any or plot plan for individual lots of the parcel potential Critical Areas are or may be V-nith cuouffi detail that City staff can find T present on the subject proft'er$jr. The "hand idea* the subject par�cel(s). In infornnation needed to conVIde the _ ... ad o ni the appliiant shall include ' Check should be easily available from other peatinent.Wormation (egg. site observations of the site or data available at' plan, topography amp, etc.) or studies in City ball (Critical Areas inventories,, maps, conjumcdon With this Checklist to asses or soil surveys). imcompleCang their preliminary ... assessment of the site. An applicant, or, his/her representative, must fill out the checklist, sign and date it, ' • _ 1 have completed the atti lned Critical Area Checklist and attest that the answers provided, are factual, to the best of my Imowledge (fill out the appropriate column below). Owner/ Applicant: � : Applilc"Repr,esentative: Name Nam Street Addr= Straw State, ZIF 1 r� } 1 i t t Z�• •,.. f ' 1�� ti ,r i 3,. r tr�h•�t It State, -Phone...City, �y��,, Zdi' . � P9roae'`' "f � _y t i il'� • f' Od ! v `r�,�S Nl Nei•,• 7' SY� 7`�•�v�lt�� w.tcw i. �=j 3 _.P»... .rest.. t�..•i••�t- •+?.....-f. .�Jk�� T4 INt6` t Vi'signatm C "A' t k S7 G ' �' + 4' , t t t •1•.yx 4Y ��.• i !. Z Y' 4 s Fri t .� +f : � �� pi�� ATTACHMENT HMENT 6 File No. CU-96-60 raticai Areas Checklist \` Site Information (s®ils/gopog phy/hydiret r/vegtion) L Site Addres amcation: Y 2. I=eriy'1'ax kccount Number: 6-1�� — ©b 41"0 645 3. Approxim:iw lte Size (acres or square feet): no 4. Is this site icurrently developed? _,' ,yn -t-_yes-. rIf yes; how is site developed? ?` �• f�, t'd1 Cr' '1 p ., M. t � t, ^ t V 5. Describe the general site topography- Me& all that apply. Flat: less than 5-feet elevation change over entire site. Rolling: slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal distance of 65-feet). Hilly: slopes present on site of more than 15% and less than 30% ( a vertical rase of 1O-feet oveea horizontal distance of 33 to 66-feet) Steep: grades of greater than 30% present on site (a vertigi rise of W-feet over a horizontal distance of less than 33-feet). Other (please describe): 6. Site contains areas of year-round standing water _ _ ; Approx. Depth: 7. Site contains areas of seasonal staIndiing water: r T; Approx- Depth: What seasons) of the year 8. Site is in the lioodway &0 floodplain of a water course. 9. Site contains a creek or an area where water flows across the grounds surface? Flows are year- round? Flows are seasonal? (What time ofyear? ), 10. Site is primarily: forested ; meadow.: ; shrubs ; mixed ; urban landscaped (lawn,shrubs etc) . ` 11. Obvious wetland is present on site: Al^ For City Staff Use Only lStte SCs"�, soil type(s)? (gr jjn.CMn try kP6 ,•r. • { p; ' �'�j'etiariii inventory or C.A. map indicates wetland pcesmiss si t on f. NO "N5, eC& a('Ams iavento.ryor C.&I anV,mdidites•CAtical Area on site? N� EStevNidipa°oiesi`eaath suirosiae�oe ls�iiaaslici'd'aiea? �Lo Ya 1:6 , Cesignatedl `ari @ire Ewa meisieat?al� "4efrsitive:'7iteas dap? %to .-..y :;. r�.,.,,.r �yy��y.-- .�v.�._.r.• •�i, .r(. !!}�t�r�(..p �y'w�a.i ;hl ��r./' [�Y �r�ir r}S- } � ' �}i:`%e• .C�.•' e:l�i`pit C'.�ai XyJ`,•'� �! . } I'y+Fv'"`f��.�hp•y�j�lC laluaer tY•. alx4c*fgiyx..'' x 'x•�''Y ta'r «*v .{�'r F".r .�T �'.: �.itt✓. lh.i ... �.. ` ...•• / t.� }ham =s C}Di�lDit" NAg.. WAY��l�a: ?.i .`.• t. � h 6, NV F � .tT�T �e�•n 'w•i"tV Yid .,tY :ii.r t(:.� .6 t.:t'�.i...hY.'t<•1",ti..�ti. � .:j: � ..� .ra.". *.'','i 20.21 CHAPTER 20.21 ... ACCESSORY DWELLING UNITS 20.21-000 PURPOSE The purpose of this chapter is to regulate the establishment of accessory dwelling units within single family dwellings while preserving the character of single family neighbor- hoods. The primary purpose of this ordinance shall be to permit establishment of additional living quarters within single family residential neighborhoods in order to permit persons, who due to a disability or the infirmities of old age, require the assistance of friends, relatives, or a professional nurse, to remain in their home. A secondary purpose is to permit persons with financial hardships or persons who have occupied their residence for a two year waiting period to establish accessory dwelling units in order to meet the high cost of home ownership. [ord. 2817 §1, 1991]. 20.21-005 CONDITIONAL USE PERMIT REQUIRED Any person who occupies or permits another person to occupy an accessory dwelling unit as a place of residence' -shall first obtain a conditional use permit. 20.21-010 TWO YEAR OCCUPANCY REQUIREMENT Except as provided in Section 20.21.015, no application shall be considered for an accessory dwelling unit, unless the applicant has owned and resided at the subject site for a period of not less than two years prior to the application. 20.21.015OCCUPANCY BY FAMILY MEMBER The Community Services Director, or his designee, may grant a waiver of the two year occupancy requirement if he finds that either: 1. The main dwelling and/or the proposed accessory dwelling unit will be occupied by the applicant and that at least one of the occupants of the other dwelling is related to the applicant by genetics, adoption or marriage; or 2. The applicant, or member of the applicant's family residing at the subject site, has suffered a financial hardship and that the waiver of the residency ATTACHMENT 7 05/31/91 File No. CU-96-60 20.21-020 requirement will allow for the amelioration of the hardship. For the purposes of this chapter, a financial hardship shall be defined as any situation outside of the control of the applicant, which critically impairs the applicant's ability to meet the financial obliga- tions associated with the home, which was not anticipated at the time of the acquisition of the subject, site or at the time of the applicant's initial residence of the subject site, whichever is first, provided, however, that this provision regarding the unanticipated nature of the financial hardship shall not ,be utilized to bar a person with a disability as defined by state or federal law from obtaining a waiver if a bona fide financial hardship exists. The applicant shall have the burden of establishing the existence of a bona fide financial hardship by clear and convincing evidence. [Ord. 2817 §2, 1991]. 20.21.020 DENSITY LIMITATION: Limitation on Total Occupancy in no event shall a subject site be occupied by more than one family as defined in ECDC Section 21.30.010. This limitation shall be interpreted to accomplish its Purpose, which is to insure that the approval of an accessory dwelling unit shall not increase the overall density of a single family residential neighborhood. 20.21.025 APPLICATIONANDFILING FEE -A. Application. Any-persorf desiring approval of an accessory dwelling unit as defined by the Community Development Code shall submit an application containing all of the information required by Chapter 20-95 of this code as well as the following information: 1. Proof that the single family property (subject site) upon which the accessory dwelling unit is proposed to be located, has been owned and occupied by the applicant for at least two years prior to the date of application. A sworn, notarized statement of the applicant that he or she has owned and occupied the single family dwelling for at least two years prior to the application shall establish the prima facie right to apply, but this statement may be rebutted by persons opposing the issuance of the permit. 2. A covenant in a form acceptable to the City Attorney and suitable for recording with the County Auditor, providing notice to future owners or long., 276 05/31/91 20.21.030 term lessors of the subject site that the existence of the accessory dwelling unit is predicated upon the occupancy of either the accessory dwelling unit or the primary dwelling by the person to whom the accessory dwelling unit permit has been issued. The covenant shall also require any owner of the property to notify a perspective buyer of the limitations of this chapter and to provide for the removal of improvements added to convert the premises to an accessory dwelling unit and the restoration of the site to a single family dwelling in the event that any condition of approval is violated. 3. If the conditional use permit lapses as provided in Section 20.21.035 or the use ceases, at the request of the applicant the City shall record at its expense notice that the covenant and conditional use permit are void and without further effect. B. Filing Fee. All applications for an accessory dwelling unit conditional use permit shall be accompanied by the filing fee for the conditional use permit hearing examiner's review as set forth in chapter 15.00 and an amount sufficient to pay the recording fee of the covenant with the Snohomish County Auditor in the event the accessory dwelling unit conditional use permit should be approved. 20.21-030 CRITERIA In addition to the criteria set forth in section 20.05.010 of the Edmonds Community Development Code, all accessory dwelling units shall meet the following criteria: A. Existing Residence. The single family dwelling in which the proposed unit is to be built shall be owned and occupied for at least two years by the applicant or the waiver criteria established by section 20.21.015 shall be satisfied. B. Area Used. Accessory dwelling units must be located within or attached to single family dwelling units. In no case shall an accessory dwelling unit be permitted in a detached structure such as a guest house or garage. C. Exterior Changes. The single family appearance and character of the residence shall be maintained when viewed from the surrounding neighborhood. Whenever possible, new entrances should be placed at the side or rear of the building. only one electric and one water meter shall be allowed for the entire building, serving 05/31/91 2.77 C: 20.21-035 both the primary residence and the accessory dwelling unit. D. gg2ftinq. Three off-street parking spaces shall be provided for a single family residence with an accessory dwelling unit. E. Number of Units. Only one accessory dwelling unit shall be �approved for each primary single family dwelling. F. ggggRancy. The primary dwelling or the accessory dwelling unit shall be occupied by the owner of the subject site as long as the accessory dwelling unit is used for dwelling purposes separate and distinct from the primary dwelling. in no event shall the total number of occupants exceed one family as defined in this code. G. Saf ty, Light Ventilation, Floor Area and Similar _Factors. Accessory dwelling units shall comply with all applicable requirements of the Uniform Building Code adopted by Title 19 of the community Development Code and shall comply in all respects with the provisions of the Edmonds community Development Code. No conditional use permit for an accessory dwelling unit shall be issued to a nonconforming structure unless that,. structure is brought into conformance with the*then current provisions of the Edmonds community Development Code. 20.21.0NON-TRANSFERABILITY A conditional use permit for an accessory dwelling structure shall not be transferable to any site other than the subject site described in the application and shall expire automatically if the applicant ceases to be a resident and occupant of either the accessory dwelling unit or the primary residence. 20.21.040 PERMIT CONDITIONS In addition to any conditions imposed by the Hearing Examiner, or the City Council on appeal, all approved conditional use permits for the accessory dwelling units shall state and are expressly subject to the condition that such a permit shall expire automatically whenever: 1. The accessory dwelling unit is substantially altered and is thus no longer in conformance with the plans and drawings reviewed and approved by the Hearing Examiner and Building official. 277-1 05/31/91 21.30 CHAPTER 21.30 TERMS 21.30-010 FAMILY Family means an individual or two or more persons related by genetics, adoption, or marriage, or a group of five or fewer persons who are not related by genetics, adoption, or Ik marriage and none of whom are wards of the court unless such wards are related by genetics, adoption, or marriage to all other members of such group living together in a dwelling unit. ni 21.30.020 PENCE Pence means any construction of wood, metal, masonry or other material which provides a'visual and/or physical obstruction to an observer at ground level. This definition shall exclude any portion of a retaining wall which is below finished grade and which is contiguous with the fence. Any portion of a base or foundation for the fence which does not serve a necessary and bona fide purpose of retaining earth shall not be considered a retaining wall but rather a part of the fence. [Ord. 2772 §2, 1990.] 21.30.030 FLAG LOT Flag lot means a lot which has a frontage of less than one-half of the minimum lot width on the principal street or principal access easement. Flag lots are also known as pipestem lots or panhandle lots. See also, Lot. 21.30.035 FLOAT. RECREATIONAL A recreational float is an offshore platform used for water - dependent activities such as swimming and diving. [Ord. 2605 §4, 1987]. 21.30.040 FLOOR AREA Floor area means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwell at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. Floor area shall not include: accessory water tanks and cooling towers., mechanical equipment or attic spaces with headroom of less ATTACHMENT 8 105/31/91 File No. CU-96-60 0066.150.052 08/25/89 WSS/klt COVENANT ACCESSORY DWELLING UNIT WHEREAS, the undersigned owner of property has been granted a conditional use permit by the City of Edmonds to maintain an accessory dwelling unit on the hereinafter described residential realty, and WHEREAS, such approval is subject to certain conditions and will automatically expire in the event that such conditions are no longer met, and WHEREAS, among those conditions is the provision that the permit is personal to the applicant and will expire in the event that the primary residence and accessory dwelling unit are rented, leased, sold or otherwise conveyed to a person other than the applicant and undersigned owner, NOW, THEREFORE, (hereinafter 11owner(s)") does hereby covenant, stipulate and promise as herein set forth: 1. Touch and Concern the Land. This covenant touches and concerns a tract of residential real property (hereinafter "site") with a street address of Edmonds, Washington, and legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. 2. Existence and ExpirationofAccessory Dwelling Unit Approval. On the application of the Owner(s), the City of Edmonds has approved a conditional use permit to install an accessory dwelling unit at the subject tract described in WgS51667A ATTACHMENT 9 File • CU-96-60 paragraph 1 in the incorporated Exhibit A. The terms of such approval and conditions are described in Chapter 20.21 oft the Edmonds Community Development Code as the same exists or is hereafter amended. Among the conditions are the requireilents that the approval is personal to the Owner and shall : automatically expire whenever: 2.1 The accessory dwelling unit has been substantially altered and is no longer in conformance with the plansi and drawings reviewed and approved by the City of Edmonds. 2.2 The Owner(s) ceases to maintain three or more�off- street parking spaces on the site for the use of the primary residence and the accessory dwelling unit. 2.3 The primary residence and accessory dwelling'Mnit are sold, rented, leased or otherwise conveyed to a person other than the undersigned Owner(s) and applicant. Therefore, in the event that the residence and accessory dwelling unit shall be jointly sold, rented, leased or otherwise conveyed to a person other than the Ownek, the approval for the residential real estate shall automatically expire. 3. Covenants to Notify and Restore- Property. In consideration of the approval of a conditional use permit to maintain the accessory dwelling unit permit, the undersigned Owner(s) hereby covenants to notify any prospective purchaser of the automatic expiration of the accessory dwelling unit upon the sale, rental, lease or other conveyance of the herein described residential parcel. The Owner(s) further covenant that, prior to WSS51667A -2- A. The City of Edmonds is unique among cities in N of Puget Sound, it has been able to retain (largel] quality atmosphere rare for cities so close to maj, Edmonds value these amenities and have spoken years. The geographical location also influences between Lynnwood, Mountlake Terrace and Pug annexation and development is limited. Living standards in Edmonds are high, and this c potential, provides the opportunity for constructi development. This will ensure an even better qtu 'ashington state. Located on the shores through citizen input) a small town, r urban centers. The people of )ften in surveys and meetings over the potential growth of Edmonds. Tucked t Sound, the land available for ibined with the limited development policy options to govern future v of life for its citizens. Edmonds consists of a mixture of people of all ales, incomes and living styles. it becomes a more humane and interesting city as i¢ makes room for and improves conditions for all citizens. B. Goal. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and Ipromoted. The options available to the City to influence the quality of housing for all citizens should be approached realistically in balancing economic and aesthetic consideration, in accordance with the following policies: i B.1. Encourage those building custom homed to design and construct homes with architectural lines which enable them tgharmonize with the surroundings, adding to the community identity and desirability. B.Z. Protect neighborhoods from incompatible additions to existing buildings that do not harmonize with existing structures i tthe area. B.3. Minimize encroachment on view of exi sting homes by new construction or additions to existing structures. BA. Support retention and rehabilitation of alder housing within Edmonds whenever it is economically feasible. B.5. Protect residential areas from incompatible land uses through the careful control of other types of development and expansion based upon the following principles: B.5.a. Residential privacy is afundaM,ental protection to be upheld by local government. B.5. b. Trajjic not directly accessing residences in a neighborhood must be discouraged. E !, I 30 M v1:U ATTACHMENT1,$° File !. Cl'ry C)F E0mC$i' Ds BARBARA PA}-t6Y ago* AvaNlra NOATti • 9OMONOa. WA 09020 • laces 771+ca2o -VAX taca. 70231 71. M YOMt commuNMY slaRvicus 23UPARTMONT Pubfto Work* + Ptanninp + Parke anta Recreation + unpinaarinu 'Ti�LECOf?ISFi COVER PiXQE /[ Jam, `f't7: ....5 - -. NUMBER aF PAGSES' ..-/ (JnctudinB Gcrver Pace) Rat31 toms Totecopler Number: FACStMEt..E ECZUtPMENT': Autcrlaxfetf 1Group ti (2.3 rrrEns.); CirOup, tti �R : `r t �1 e2� if'th erWare uny prot*iamws during tronsm seton or tdi'uoa cm tnt Oro rOC cam®¢ ,2a6) 771•a22Q a»c! msit cr San er•ai Tetecopier Number; (206) 771-0221 -4 I . �-. ._t -i. _ . 0A V--. rt ^ - fB- . . dam_ OriO4 rttarta\T+rtform• ' a. Zr)cor7m=rarad At.rauet 11. 2800 • $later Ctttaa 3ntarnatic.rtat —. t-taktnan. Japan ' TRANSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT ** COUNT 2 *** SEND i0 ** NO REMOTE STATION I.D. START TIME DURATION #PAGES COMMENT 1 206 339 3049 5- 1-96 3:07PM 1'32" 2 TOTAL 0:01'32" 2 XEROX TELECOPIER 7020 Sender's Teiecopier Number: (206) 771-0221 RE. PUBLIC HEARING and NOTICE OF DEVELOPMENT APPLICATION Name of Applicant: Washington State Dept, of Transportation File No.: V-96-48 Date of Application: 413/96 Date of Notice of Application: 5/2196 Date Notice of Completeness Issued: 4/23/96 Project Location: State Route 104 between approx. 102nd Ave. W. & 97th Ave. W. Project Description: Variance to exceed the maximum permitted noise standard of 45 dBA from 7:00 PM to 5:00 AM for a temporary duration to allow for the completion of a paving overlay. Required Permits, Studies and Approvals: Variance Related Environmental Documents: Contact WSDOT City Contact: Kirk Vinish Public Comment Period: May 16, 1996 Name of Applicant: Donald Pads File No.: CU-96-60 Date of Application: 4/25196 Date of Notice of Application: 5/2/96 Date Notice of Completeness Issued: 511196 Project Location: 1052 B Ave. Project Description: Conditional Use Permit for an Accessory Dwelling Unit. Required Permits, Studies and Approvals: Conditional Use and Building Permit Related Environmental Documents: Critical Areas Checklist City Contact: Jeff Wilson Public Comment Period: May 16,1996 PUBLIC HEARING INFORMATION Time: 9:00 AM Date: Thursday, May 16,1996 Place: Plaza Meeting Room - 250 5th Ave. N., Edmonds, WA 98020 Application materials, including environmental documents, can be viewed or obtained at the City of Edmonds Community Services Department, 250 5th Avenue North, Edmonds, WA 98020, (206) 771-0220. Public comments should also be sent to this address. A decision in this application shall be made within 120 days of the date of issuance of the letter of completeness. Sandy Chase, City Clerk Publish: May 6,1996 Notice of Development Application & Public rN Date of Notice: May 2, 1996 File # '• •1 4:ppl«ant [nformation Name of Applicant: ............ Donald Paris Date of Application:.......... * 4/25/96 C . Date application Complete: * 5/2/96 Project Location: ................ :> 1052 B Ave. Project Description:........... :> C.U.P. for an Accessory Dwelling Unit Public Comments due by:.. :> May 16, 1996 City Contact for project:.... :> Jeff Wilson Permit Informed Requested Permits Conditional and Approvals: ................... permit Other Required Permits not Unknown yet applied for (if knovni): . Required Studies related N/A to the project: ..................... Related Environmental Critical Are Documents: ........................ Public He' aring information Date: May 16, 1996 Time: 9:00 AM Place: Plaza Meeting Room, 650 Me Information on this development application can be viewed or obtained at the City of Edmonds Community Se 250 Sth Avenue North, Edmonds, WA 98020. (206) 771-0220. Public comments should also be sent tc The decision on this development application will be made within 120 days of the date of the Letter of Completeness, ' studies and additional information requests. Note that ability to appeal a decision is contingent upon participation in'thi The removal, mutilation, destruction, or concealment This notiCE Warning,. of this notice before the hearing date is a ft misdemeanor punishable by fine and imprisonment. ,)c,),7 na,) rn4 nfl 1 ;' 7577 nil n7.'7. no �� ?577 nil) 1SR no Stephen Zimmerlund Roger & Marilyn Dahlke Per & Virginia Zimmerlund 733'Pine St 723 Pine St 737 Pine St Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 2527 032173 00 . 6194 002 00100 6194 002 007 Charles & Gladys Rogers 727 Pine St Rowena Bangs 816 Fine St LW ��, 8S Edmonds, WA 98020 Edmonds, WA 98020 E WA 98026 6194 002 007 01 6194 002 008 00 6194 002 009 01 William & Margaret Clavey Charlotte Ann Williams Craig Oleson 1033 8th Ave S 1029 8th Ave S 10218th Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98620 6194 002 009 02 6194 002 010 00 6194 002 010 01 Charles Grove George Moran Joseph Leo Wasko PO Box 3091 20163 NE 6th 812 Pine St Lynnwood, WA 98046• Seattle, WA 98155 Edmonds, WA 98020 6194 003 00101 6194 003 00102 6194 003 002 00 Richard Dean Johnson McLenaghan Robert & Carol Northrup 1010 8th Ave S 1002 8th Ave S 1016 8th Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 003 003 00 6194 003 003 01 6194 003 004 01 Ivan & Jean Linhardt Shigeki & Iyoko Okano Dawn Runyan 3734 NE 188th St 1018 8th Ave S 22005 78th PI W Seattle, WA 98155 Edmonds, WA 98020 Edmonds, WA 98026 6194 003 005 00 6194 003 005 01 6194 003 006 01 Richard Muir Tracy & Joan King C F Aldrich 1042 8th Ave S 745 Fir St 1053 B Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 003 00602 6194 003 007 01 6194 003 007 02 Rodney & Verona Rice David Hatch & Robyn Berg Carl & Borghild Andersen 1063 B Ave S 1049 B Ave S 1554 26th Ave Edmonds, WA 98020 Edmonds, WA 98020 San Francisco, CA 94122 6194 003 008 01 6194 003 008 02 6194 003 009 02 H De Veva Egge Judy Soule O'Malley Gerald Sawyer 1029 B Ave S 1031 B Ave S 1021 B Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 003 01001 6194 003 010 02 6194 004 00101 Adrienne Gibson Harry Whitcutt Gregory Bludorn 740 Pine St 1011 B Ave S 722 Pine St Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 004 001.02' 6194 004 002 00 Lila Huggins Carl Asklund 1010 B Ave S 9022 218th St SW Edmonds, WA 98020 Edmonds, WA 98026 6194 004 003 02 6194 004 004 01 Robert Gepner Richard & Arlene Shaw 1030 B Ave S 1040 B Ave S Edmonds, WA 98020 Edmonds, WA 98020 6 6194 004 003 01 Helen Jamison 1034 B Ave S Edmonds, WA 98020 6194 004 004 02 Donald & Trudy Madsen 1048 B Ave S Edmonds, WA 98020 6194 004 005 01 6194 004 005 02 6194 004 006 00 Donald & Lois Paris Terence Nelson Rose Mary Specht 1052 B Ave S 1062 B Ave S PO Box 1375 Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 004 007 01 ` 6194 004 007 02 6194 004 008 00 Family Trust Dankel Larry & Carol Hills Richard & Melissa Butler 10417th Ave S 1049 7th Ave S 10317th Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 004 008 01 6194 004 009 01 6194 004 009 02 June Barstow Marc Thompson & L Huson Diane Milton & Teresa Flotlin 1035 7th Ave S 1015 7th Ave S 1023 7th Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 004 010 02 6194 005 00100 6194 005 002 00 {. Greg Selvidge GIen McFarland Eric&,Joanne Carlson 1005 7th Ave S 1004 7th Ave S 1024 7th Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 005 003 00 6194 005 003 01 6194 005 004 01 Bonnie Fryzlewicz & Jeffrey Walker Timothy & Shelly Crosby Michael & Kathryn Rehfeld 1030 7th Ave S 1028 7th Ave S 1050 7th Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 a 6194 005 004 02 6194 005 005 00 6194 009 00101 Kevin Conray N' td a Manis Robert Lowe 1046 7th Ave S 6 714 Fir St Edmonds, WA 98020 Po wnse, Edmonds, WA 98020 x 6194 009 00102 6194 009 00200 6194 009 009 00 Gregory Gardner Janet Roats James & Melissa Keough 1102BAve S 1118BAve S 710FirSt Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 009 009 01 6194 009 010 01 ` 6194 010 00101 R H Ericson David & Susette Hardy Edward & Frances Wallace 708 Fir St 704 Fir St 736 Fir St Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 VJY; That on the 2ND day of MAY, 1996, the attached Notice of Public Nearing was posted as prescribed by Ordinance, and in any event, in the Civic Center and the Library, and where applicable on or near the subject prop Sign Subscribed and sworn to before me this _day of ^ Notary Public in and forth tate of Washington. II j Residing at 7 CITY OF EDMONDS BARBARA FAHEY MAYOR 260 6TH AVENUE NORTH • EDMONDS, WA 99020 • 120�1 771.0220 • FAX (206) 771-0221 COMMUNITY SERVICES DEPARTMENT 4Z'St xg9, Public Works • P►annino s Parks and Recreation,* Ennineedna May,1, 1996 Mr. Donald F. Paris 1052 "B" Avenue Edmonds, WA 98020 Subject: ASSIGNMENT OF HEARING DATE Dear Mr. Paris: i Your application is now complete and has been scheduled for public hearing at the time and place listed below. Action: Conditional_ Use Permit - Ac File No. Assigned: CU-96-60 Date of Hearing: May 16,1996 Time: 9:00 A.M. Place: Plaza. Room, Edmonds Library 650 Main Street Hearing Body: Hearing Examiner Please be aware that your presence at the hearing is highly a is not present, the item may be moved to the end of the agend will be continued to the following month's agenda. If you have any further questions, please do not hesitate to cc Sincerely, unity Services Department - Planning Division Jeffrey S. Wilson, AICP Current Planning Supervisor pc: File No. CU-96-60 Rob Chave, Planning Manager or as soon thereafter as possible. isable. If an applicant or his representative Items not reached by the end of the hearing 1ct me at 771-0220. APPLICATION ROUTING FORM AND CHECKLIST ROUTED TO: Engineering 4126/96 Fire 4/26/96 Staff FILE: FROMIG RETURNED Aft'(? Z 9 1996 Engineering� Zi�9Cv FireMier Public Works Parks ex Rec APR 'l t► gees PUBLIC WORKS DEPI *Additional information Required for Complete Application *Additional Studies Required to Complete Review m Property Address i a52 " V o Date of Application 4/?M ® Type CU FOR AN ACCESS Hearing Required:Yes—X— No Date of Hearing (if known) S/16/96 X Application Site Plan for Short Subdivision (8.5 x 11) X Fee X Site Plan (')1 x 17) X APO List Legals (Existing & Proposed) Title Report Environmental Assessment Vicinity Map Proof of 2-Year Occupancy (ADU) Elevations Declarations (Variance & C. U. P.) Petition (Official Street Map) Environmental Checklist Critical Areas Determination OTHER COMMENTS FILE: CU-96-60 FROM: PLANNING ROUTED TO: RETURNED Engineering 412�i/� Engineering Fire Public Works 4126/96 Public Wort Parks 8t Rec, 4/26/96 Parks 8z Re+ Staff Comments: d en—g'14 *Additional Information Required for Complete Application *Additional Studies Required to Complete Review, m Owner DONAt D PAR1S Property Address 1 Q52 "�„ AV ENt lE Date of Application 4L25/96 Type CU FOR AN ACCESSORY DWELLING UNIT ® Hearing Required:Yes_XNo Date of Hearing (if known) 5/16/96 X Application X Fee X APO List Title Report Vicinity Map Elevations Petition (Official Street Map) Critical Areas determination OTHER COMMENTS Site Plan for Short Subdivision (8.5 x 11) X Site Plan (11 x 17) Legals (Existing & Proposed) Environmental Assessment Proof of 2-Year Occupancy (ADU) Declarations (Variance & C. U. P.) Environmental Checklist APPLICATION ROUTING FORM FILE: CU-96-60 AND CHECKLIST FROM: PLANNING ROUTED TO: Engineering 4/26/96 Fire 4/26/96 Public Works 4126196 Parks ex Rec. 4/26/96 RETURNED Engineering Fire Public Works Parks tx Rec. Staff Comments: *Additional Information Required for Complete Application *Additional Studies Required to Complete Review m Owner. DO ALD PARIS Property Address 1052 "R" AVENUE a Date of Application 4/25/96 ® 'Type C't ➢ FOR AN ACC ESSORY DWELLING UNIT Hearing Required:Yes—X_._ No Date of Hearing (if known) 5/16/96 X Application X Fee X APO List Title Report Vicinity Map Elevations Petition (Official street Map) Critical Areas Determination Site Plan for Short Subdivision (8.5 x 11) X Site Plan (11 x 17) Legals (E)isting & Proposed) Environmental Assessment Proof of 2-Year Occupancy (ADU) Declarations (Variance & C. U. P.) Environmental Checklist All city of e&-nonds c; landuseapplication ❑ ARCHITECTURAL DESIGN BOARD ❑ COMP PLAN AMENDMENT CONDITIONAL USE PERMIT HOME OCCUPATION ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION ❑ LOT LINE ADJUSTMENT ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT / STREET VACATION ❑ REZONE ® SHORELINE PERMIT (ZI VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER FILE # W % V) ZONE A—S'6 DATE-V?,5"/96 REC'D BY Yrva FEE RECEIPTf# 21 Z03 HEARING DATE HE ❑ STAFF PB ❑ ADB ❑ CC TAKEN: t rl Phone 7 -7 5-' 5 y f Property Address or Location in l Z — Property Owner //i rr ram..- f" /rc 5 Phone 7 Address d t- { c in_.. a 1 r!<<:,(� Z)", Agent Phone Address Tax Acc # L I a ins I d y Sec. Legal Description Twp. Rng. cc. .4kt ? 1--k4--f t� r� { �., v 64' / Details of Project or Proposed Use z t i The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or in part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/ her/ its agents or employees. The undersigned applicant grants his/ her/ its permission for public officials and the staff of the City of Edmonds to enter the subject property for the purpose of inspection and posting attendant to this application. SIGNATURE OF APPLICANT/ OWNER/ AGENT ;r; -ATY COPY I- 2527 032 02106 2527 032 022 00 2527 032158 00 Stephen Zimmerlund Roger & Marilyn Dahlke Per & Virginia Zimmerlund 733 Pine St 723 Pine St 737 Pine St Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 2527 032 173 00 6194 002 00100 6194 002 007 00 Charles & Gladys Rogers Rowena Bangs Leif Helleren 727 Pine St 816 Pine St 8627 217th St SW Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98026 6194 002 007 01 6194 002 008 00 6194 002 009 01 William & Margaret Clavey Charlotte Ann Williams Craig Oleson 1033 8th Ave S 1029 8th Ave S 1021 8th Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 002 009 02 , Charles Grove PO Box 3091 Lynnwood, WA 98046 6194 003 00101 Richard Dean Johnson 1010 8th Ave S Edmonds, WA 98020 6194 003 003 00 Ivan & Jean Linhardt 3734 NE 188th St Seattle, WA 98155 6194 003 005 00 Richard Muir 1042 8th Ave S Edmonds, WA 98020 6194 003 006 02 Rodney & Verona Rice 1063 B Ave S Edmonds, WA 98020 6194 002 010 00 6194 002 010 01 George Moran Joseph Leo Wasko 20163 NE 6th 812 Pine St Seattle, WA 98155 Edmonds, WA 98020 6194 003 00102 6194 003 002 00 McLenaghan Robert & Carol Northrup 1002 8th Ave S 1016 8th Ave S Edmonds, WA 98020 Edmonds, WA 98020 6194 003 003 01 Shigeki & Iyoko Okano 1018 8th Ave S Edmonds, WA 98020 6194 003 005 01 Tracy & Joan King 745 Fir St Edmonds, WA 98020 6194 003 007 01 David Hatch & Robyn Berg 1049 B Ave S Edmonds, WA 98020 6194 003 004 01 Dawn Runyan 22005 78th PI W Edmonds, WA 98026 6194 003 006 01 C F Aldrich 1053 B Ave S Edmonds, WA 98020 6194 003 007 02 Carl & Borghild Andersen 1554 26th Ave San Francisco, CA 94122 6194 003 008 01 6194 003 008 02 6194 003 009 02 H De Veva Egge Judy Soule O'Malley Gerald Sawyer 1029 B Ave S 1031 B Ave S 1021 B Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 004 00162 6194 004 002 00 6194 004 003 01 Lila Htiggins Carl Asklund Helen Jamison 1010 B Ave S 9022 218th St SW 1034 B Ave S Edmonds, WA 98020 Edmonds, WA 98026 Edmonds, WA 98020 6194 004 003 02 6194 004 004 01 6194 004 004 02 Robert Gepner Richard & Arlene Shaw Donald & Trudy Madsen 1030 B Ave S 1040 B Ave S 1048 B Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 004 005 01 6194 004 005 02 6194 004 006 00 Donald & Lois Paris Terence Nelson Rose Mary Specht 1052 B Ave S 1062 B Ave S PO Box 1375 Edmonds, WA 98020 i Edmonds, WA 98020 Edmonds, WA 98020 6194 004 007 01 6194 004 007 02 6194 004 008 00 Family Trust Dankel Larry & Carol Hills Richard & Melissa Butler 10417th Ave S 1049 7th Ave S 10317th Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 004 008 01 6194 004 009 01 6194 004 009 02 June Barstow Marc Thompson & L Huson Diane Milton & Teresa Flotlin 1035 7th Ave S 1015 7th Ave S 1023 7th Ave S Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 6194 004 010 02 6194 005 00100 Greg Selvidge Glen McFarland 1005 7th Ave S 1004 7th Ave S Edmonds, WA 98020 Edmonds, WA 98020 6194 005 003 00 Bonnie Fryzlewicz & Jeffrey Walker 1030 7th Ave S Edmonds, WA 98020 6194 005 004 02 Kevin Conray 1046 7th Ave S Edmonds, WA 98020 6194 009 00102 Gregory Gardner 1102BAve S Edmonds, WA 98020 6194 005 003 01 Timothy & Shelly Crosby 1028 7th Ave S Edmonds, WA 98020 6194 005 005 00 Nicki Skotdal & Katherine Manis 67 1814 Garfield St Port Townse, ND 6194 009 002 00 Janet Roats 1118 B Ave S Edmonds, WA 98020 6194 005 002 00 Eric & Joanne Carlson 1024 7th Ave S Edmonds, WA 98020 6194 005 004 01 Michael & Kathryn Rehfeld 1050 7th Ave S Edmonds, WA 98020 6194 009 00101 Robert Lowe 714 Fir St Edmonds, WA 98020 6194 009 009 00 James & Melissa Keough 710 Fir St Edmonds, WA 98020 6194 009 009 01 6194 009 010 01 6194 010 00101 R H Ericson David & Susette Hardy Edward & Frances Wallace 708 Fir St 704 Fir St 736 Fir St Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 f 4 } l 6104010009O1 '6194010,01001 61940100'1002 Betty Hale Helen Cunningham HelenCunningham `. :1121 B Ave S 734 Fir St . 734'Fir St r` Edmonds; WA=98020 Edmonds, WA` 98020 Edmonds; WA 98020 6194 011010.00 : Jack.Donaldson >' r 1105 8thAve S .`� 'Edmonds; WA 98020 a5 :4