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18626 94TH AVE W.PDF11111111111111 15513 18626 94TH AVE W STREET FILE CITY OF EDMONDS 250 51h AVE. N. - EDMONDS, WASHINGTON 98020 - (206) 771-3202 COMMUNITY SERVICES October 9th, 1986 Constance Cohn 18628 94th Avenue West Edmonds, Washington 98020 RE: ADDRESS CHANGE LARRY S. NAUGHTEN MAYOR PETER E. HAHN DIRECTOR Thank you for your Dhone call regarding your address change at 18628.94th.Avenu� West. In August of 1985 we errored in listing your address as 18626, we will make all the necessary changes in City files but it is your responsibility to notify all other parties. Your correct address is 18628 94th Avenue West. Please feel free to call me if you have any questions. ind L. Graf eannine L. it Coor Permit Coordinator 0 cc: Fire Department Police Department Utility Billing L--,StreLt Filesovn-�,� Building Division Enclosure PUBLIC WORKS PLANNING PARKS AND RECREATION ENGINEERING SI-TE-,.&-WALL PLAN 11111111 lill 9160 18626 94TH AVE W I STREET FILE CITY OF EDMONDS 1215 1h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 - Fax: 425.771.0221 - Web: www.edmondswa.fzov DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION '12 C. I S 9 � August 28, 2012 Gary Ferran P.O. Box 30981 Bellingham, WA 98228 Dear Mr. Ferran: This is in response to your letter of July 16, 2012, requesting "approval of a non- conforming building lo ' cated at 18710 94 1h Avenue West in Edmonds." As a point of information, the address for this property was changed in city records some years ago and is now listed as 18626 94 th Avenue West. We have researched our records and have compiled the following chronology related to this property: 3/13/1978 BLD1978-0191. Original building permit issued for new SFR. Note on permit: "Height controlled by Ord. 1806." Foundation and shell constructed within- I st year 11/6/1978 Letter from Harry Whitcutt, Building Official, stating the elevation of the highest ridge complies with height regulations, by inspection. . 1/3/1979 Inspector note on permit verified house is in conformance. 1980 to 1994 At least 10 subsequent permits taken out as renewals (of previous permit) or new permits for completion of house. No documented inspections for these permits. 9/21/1995 Letter from J Graf, Building Official, advising latest permit has expired and future permits will be subject to current adopted codes. 2/24/1999 Letter from J Graf advising owner of inspection status, and that height requirements have changed. Roof will need to be lowered, or apply for variance. ' Page 12 TP The current rules for nonconforming structures are relatively strict in Edmonds. Specifically, Chapter 17.40.020 of the Edmonds Conununity Development Code defines a nonconforming building as: "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. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence." We provide the above chronology and code references for informational purposes only. Your July 16, 2012 letter states that you are "seeking approval of a non-confori'ning building," but the only way we could make such a formal determination is in conjunction with a development application; in your case, that would normally mean applying for a building permit. Although your letter does not qualify as an application, what we can do is provide you with an assessment of the status of the building which currently exists on the property. Given the history on this site, and the direction provided by the city in 1995/1999, it appears that the current building on the site cannot be determined to be 'nonconforming.' It doesn't appear that your letter offers any inforination that would contradict that assessment. The assessment we are providing in this letter is a simple statement of how we view the situation on the property at the present time. You appear to have three avenues available to you. If you wish to challenge how the city is applying the nonconforming code in your case, you could ask for a formal administrative interpretation of how the nonconforming provisions apply to the building on the property. This interpretation would be a staff decision appealable to the City's Hearing Examiner. You would basically attempt to demonstrate to the Hearing Examiner how the City is in error in interpreting and/or applying its nonconforming rules in your case. Given that you raise issues of 'hardship' in your -letter, another option would be to seek a variance from the City's Hearing Examiner. We cannot predict what the Hearing Examiner's decision would be on a variance application in this case. Our -own staff recommendation on such an application would need to await the submittal of an application, but we would point out that, in general, the criteria for approval of a variance are not easily met. If you are interested in pursuing this option, you might want to research other variances that the Hearing Examiner has ruled on in the past. August 28, 2012 Page 13 Of course, the most certain way to assure approval of a building permit to complete the house would be to submit an application that complies with all current bu ' ilding and zoning codes. We recognize that this would require substantial modifications to the building envelope, but this would be the best way to eliminate the additional process and uncertainty that would be involved in any of the other options. Cordially yours: obert Chave, AICP Planning Manager I Acting Development Services Director encl. U July 16, 2012 City of Edmonds Development Services Department — Planning Division Attn: Rob Chave 121 5th-Avenue North Edmonds, WA 98020 RE: 1471-0 94th Avenue W, Edmonds Dear Mr. Chave: I am seeking approval of a non -conforming building located at 18710 94th Avenue West in Edmonds. When I began construction of the residence at this location the zoning code for maximum roof height was twenty-five plus five feet. The building met code and was approved by the Building Inspector for City of Edmonds, Harry Whicutt. To date the structure has not been completed for occupancy; and, due to a subsequent amendment by the City of Edmonds no longer meets current zoning standards. The property where the home is located is steep and two of the four comers used for rn . easurement are located downhill a great distance from the two that are also below street level. Because of this, the additional height ofthe building does exceed that of adjacent homes- and does not therefore visually impact the neighborhood negatively. In addition, to bring the building into compliance would create an undue hardship since an entire floor would need to be removed, thus eliminating all of the bedrooms, compromising the homes livability and value upon completion. Having to alter the entire rooffine of the home would alio create such a huge financial burden it would put finishing the home, which is lacking only insulation, sheetrock and fixtures and is therefore quite near completion, in jeopardy. Over the past six months I have been taking positive steps that 'Would make it possible to complete this project if the City grants me a nonconforming building permit. Your consideration in this matter is greatly appreciated. Sincere Gary Ferran PO Box 30981 Bellingham, WA 98228 360 224-0208 i UT FIL" L CITY OF, EDMOND-,cr--.-. - 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - FAX (425) 771-0221 DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering C- Mr. Gary T. Ferran February 24, 1999 1329 Old Samish Road Bellingham, Washington 98226 RE: 1871094 th Avenue West new address 18626 94"' Avenue West Lot 1 Burd Addition BARBARA FAHEY MAYOR The purpose of this letter is to recall to your attention the City letter dated September 21, 1995 (copy enclosed) informing you of your responsibility to apply for a new building permit when you again started work on the subject, residence. Be advised in order for the City to grant a new building permit the following is required: L According to City records the framing has never been approved on the residence. Framing must be approved under a new pen -nit prior to insulation or sheetrock installation. 2. According to City records the plumbing, mechanical and gas systems have not been approved. This work must be inspectedand approved prior to cover under the new permit. 3. According to.City records the insulation. has never been approved. This work must be'approved prior to cover under the new permit. 4. As stated in the 9/21/95 letter, issuance of a new building permit shall require upgrade to current building, energy and zoning codes. Therefore, a copy of the plans conformMig to current 1997 Uniform and State Building Codes shall be submitted.for re v*iew and approval. A plan review fee shall be assessed for review of compliance to the Codes based on the value of the r'emiaiming work. Be advised, *since the City's height ordinance has changed to 25 feet and your building was measured at 20 feet 8 inches the City shall require that the building height be reduced to 'meet the 25 foot maximum height limit for single family residences. However ' if you desire to keep the building at the existing height you must. apply for a variance. I have included the applicable City handout for your information, the filing fee $350.00. Please note, the City has also enacted a Civil Penalties Ordinance ,whereby compliance to the Codes is enforced, a $ 100.0.0 per day penalty fine 'can be assessed until ffdtterslfe—�:.te�solved to the, satisfaction of the City. If you start your work prior. to'issuance of a new permit the City shall utilize the Civil Penalties Ordinance for compliance as w . ell as'assess double permit fees. Thank you, 4�14�JT Jeannine L. Graf Building Official Cc: Mayor Fahey . Ray Miller, Development Services Director Rob Chave, Planning Manager - � Incorporated August 11, 1890 Sister City - Hekinan, Japan Ji! P't CITY OF EDMONDS 250 .5TH AVE. N. - EDMONDS. WA 98020 - (206) 771-022.0 FAX (206) 771-0221 coMMUNITY SERVICES DEPARTMENT ago 9 C) Q, Public Works - Planning Parks and Recreation - Engineering September 21, 1995 � I LAURA M. HALL MAYOR Mr. Gary T. Ferran 1329 Old Samish Road Bellingham, Washington 98226 RE: Permit 9940362 Construction of single family residence According to City permit records the subject building Permit. expired on June 7, 1995 and your file has been purged according to state archive requirements. The purpose of this letter is'to inform you that if in the future you decide to complete this project you must apply for a new building permit and be subject to all applicable zoning and building codes as adopted by the City at that time. If you are currcntly working on the residence you must immediately obtain a building permit. Please be advised, occupancy of this residence shall riot be granted by the City without a current building permit. In the interim it is your responsibility to secure the structure from fire or other life -safety hazards, including securing the building from unwanted entry. If you have any questions please feel free to contact me at 771-0220. Thank you, Jeannine L. Graf Building Official Incorporated August 11, 1890 Sister Cities International — Hekinan, Japan M. 1_� tu Lo ��N NCL1d3)X5 CL �1 coo X3 02. N Nil t_7 A6 ......... ............ 4� A Pei I I 42. lee 0, Vol 1!tj�IAJM_ I M110L, LOCATION OR ADDRESS OF PROPERTY: 18628 94th West, Edmonds, WA LEGAL DESCRIPTION OF PROPERTY: Tract 66, _Edo.d's Seaview Tracts, Lot 2, Surd Addition to Edmonds, WA New 7-7b UP b--,6 CIA. -.04 -5 k- 10 eA 2,;;l N LOT LINE STAKES MUST PRINTED BE IN PLACE AT TIME CF H;-d—INSPEC TION SEP .9199 MAXIMUM HEIGHT- 25 FEET. MEASURED FROM AVERAGE ELEVATION OF UNDISTURBED SOIL Air CORNERS OF EXTENDED BUILDING RECTANGLE. SUBJECT TO RELD CHECK BV BUILDING DEPARTMENT- FLjA5 6&, #:W- I =-SeTre;,. C4KZ)6r_-� 7V V-510- 5~ A-> aft2er> WuE� AVRrwtr_ 1A*r.;M,1MCrq LIS 6fttimez> -FD 1TW5, -*W I L;9:11 Fl� Aw, A?rwzv*'— - �0 060 V-Ocrnt�_- cr- owv�_ L't -MU7. 0� kin �yl -WRX401 'Ore6q6ude6st 'for modificatl6n, variance or other 4tion (hereinafter "variance")Ak must he specifically called out and identified.w Approval of any plat ori plan containing SC,ALE, 1'1=20,01 provisions which do not comply with elty-code and -for which a variance has -not been sp;iilcoy identilled, requested and consWered* by &� a:ppropriate city official in accordance with the appropriate provision of city code or state law does not approve any items not to code specification. ARCHrECTS Proj. No: lle:7,20,66 ., -1 0 e -i 4 &go .194 - City of Edmonds Critical Areas Checklist The Critical Areas Checklist contained on this form is to be filled out by any person preparing a Development Permit Application for the City of Edmonds prior to his/her submittal of a development permit to the City. The purpose of the Checklist is to enable City staff to determine whether any potential Critical Areas are or may be present on the subject property. The information needed to complete the Checklist should be easily available from observations of the site or data available at City Hall (Critical Areas inventories, maps, or soil surveys). ,-W 4191:61 8,1992 An applicant, or his/her representative, must fill out the checklist, sign and date it, and submit it to the City. The City will review the checklist, make a precursory site visit, and make a determination of the subsequent steps necessary to complete a development permit application. With a signed copy of thi's form, the applicant should also submit a vicinity map of the parcel with enough detail that City staff can find and identify the subject parcel(s). In addition, the applicant is encouraged to include any other pertinent information or studies in conjunction with this Checklist to assist staff in completing their preliminary assessment of the site. I have completed the attached Critical Area Checklist and attest that the answers provided are factual, to the best of my knowledge (fill out the appropriate column below). Owner / Applicant: .C-Ocil -c- rc, 0 Natne -1 . () I - L) Title q Street A7ddress Ed City, State, ZIP Phone Signatur�7 Applicant Representative: Name Title Street Address . City, State, ZIP Phone Signature Date Critical Areas Checklist STREET FILE Site Information Project Name: Permit Number: Site Location: q*91�4 eV, Property Tax Account Number: Approximate Site Size (acres or square feet): Z�"(D Have you filled out a Critical Areas Checklist for a project on this site before? 114L5 General Site Conditions 1. Has the site been cleared or logged? /(/0 Date of most recent action: Soils / Topography 2. In the Snohomish County Soil Survey. what is the mapped soil type(s)? 3. Describe the general site topography. Check 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 66 feet.) —Hilly: slopes present on site of more than 15% and less than 30% ( a vertical rise of 10 feet of horizontal distance.) Steep: grades of greater than 30% present on site. NN. Comments Hydrology/Vegetation 4. Site contains areas of year-round standing water 5. Site contains areas of seasonal standing water: —Approx. Depth: 6. Site is in the floodway floodplain of a water course. 7. Site contains a creek or an area where water flows across the grounds surface? 6—flows are year-round? Flows are seasonal? 8. Site is primarily: forested me7dow shrubs ;mixed 9. Obvious wetland is presen Pon s te: 0 10. Wetland inventory or map indicates wetland present on site: 0 11. Critical Areas inventory or map indicates any Critical Area on site: kc ........... ........ — ----- — -- — --------- — ---- --For City Use Only STUDY REQUIRED: Critical areas study is required. CONDITIONAL WAIVER: Critical areas study not required if specified conditions satisfied. WAIVER: Critical areas study is not required. cr, _C�-,)_ 4 Determination -Number. Reviewer PI-nner Date Rev 3/27192 PUBLIC WORKS DEPAR]W4PECKLIST AN) E NAI 126 1-* BUILDING PER,4IT REVIEW ten 10!- 9t I (address)-- (dateY 0 Street Right -of -Way Existing Z X Access Easements Existing '2-0'ET I ---JEQD %W PL^ & REQD 4A. 1-4 - p4 Utility Easement Existing_tC�����&REQD _N�:& W Lot Per Subdivision Plat Assessor Map Site Plan Checked for Accuracy IMF Z Underground 14iring Reqd. INA H 0 Check Accuracy of Legal Description.. Z Review by Date Existing Water Main Size* C,=- Water Main Required Service Line Required -31el Hydrant Size Existing, P4 Hydrant Reqd Per Fire Code Size Detector Check Meter Reqd. A)b Cross Connection Inspection Fire Department Comnents Water 11--ter Charge Reqd. 'S S r-> Review by. -W/S Date 3L:26J ( 79?� Septic Tank Design Approved Date Septic Tank Permit Reqd. 41A Permit No. Sanitary Sewer Availability 111." Proi. Drawing No. File No. - Side Sewer Availability Sanitary Sewer Connection Fee Reqd. :3: Review by Date Z, I �F K.K.K. Open Ditch Existing __ Reqd. Culvert Reqd. 4AEz- Size r4 Catch Basin Reqd. Indicate on Site Plan 0 Shoulder drainage maintain collection on swale open runoff.,��- Manhole reqd. Indicate on Site Plan Soil Conditions and Ground Water Field Checked Review by Date !;,A Revised: MO-1977 Page 2- Street Paving Reqd. Curb and Gutter Reqd. oflk= Sidewalk Reqd._ Curb Cut for Driveway Reqd. Jrhe- --- V--r— Right-of-Way Construction Permit Reqd. Bond Reqd. for Public Iupravements. Street Nam Sign Reqd. AIR - Other Signing Reqd. .b Pre Permit Site Inspection made on 0 BY: SRqM, WATER PL4 S=-T Ar r1,2 ENGINEERING Special Requirements 'listed in memo to Coti=ity Development Department, Building Division BY 15 N, Date 2 1 > c) All item filled in an Building Permit Application '-g�/ r4 BY 15 �j Date 0' Drawings Stairped and Notations Made BY Date Approved by Public Works Department Revised: Iv 10-1977 tFUILDING DEPARTMEN Applicant Fill USE P"'T ZONE 44 PERMIT APPLICATION Inside Heavy Lines V. to JOB ADDRESS INAME (OR NAME OF BUSINESS) - A;nrkj 'Fe( -<-on QTRr=ET F.- GAL LOT LO T ARE& SUBDIVISION NO. 19 YES NO I III MAIFLING VkDDRESS a 9 6�_ - STREET R/W EXISTING STREET R/W FT. DEFICIENCY THIS PROPERTY CITY ELEPHONE NUMBER _7�0'4; 2L COMP. PLAN ST. R/W FT. FT. z NAME REMARKS I'_ 1-11) CP t -7 i 'AA 8 W I- i ADDRESS CHqCKED W W z U a m city TELEPHONE NUMBER STREET AND/OR UTILITY WORK R/W PERMIT REQUIRED z < IT" -7 REQ'D. *YES NO YES t'10 W KAME UNDERGROUND WIRING REQ'D. 11 YES 19NO C: 0 ADDRESS TYPE CONNECTION jiYES VERI ED Y. I- U SANITARY SEWER NO I Q It CITY TELEPHONE NU SEPTIC SYSTEM DYES PERMIT NUMBER Z APPV'D BY CITY ENG. 0 SNO U STATE LICENSE NUMBER CITY LICENSE NUMBE REMARKS Legal Description of -Property (Show Below or Attach Four Copies) METERZI BUILDING SUPPLY SIZE r W REMARKS z 2 Ps SIGN AREA ENV. REVIEW ADB NO. U T 13 T ALLOWED PROPOSED COMPLETE EXEMPT o W 47 REMARKS ILI VARIANCE OR CU PLANNING RE VIEW BY DATE YARDS _� LOT COVERAGE q F 5 RONT 0 SIDE dRP E A R NEW RESIDENTIAL GAS LINE 10 FIRE ZONE TYPE OF CONSTRUCTION CODE I I HEIGHT NON-RESIDENTIAL SIGN EJ ADD , DEMOLISH RETAINING DWALL ECIAL INSPECTPR REQUIRED - OCCUPANCY OCCUPANT ALTER EXCAVATE FENCE OR FILL I El YES El N 0 GROUP LOAD I PLAN CHECKED BY THIS SITE IS LOCATED IN THE CITY OF EDMONDS. LOCAL SALES REPAIR PRE -MOVE swim El INSP. POOL TAX SHOULD- BE CODED 31.04. NUMBER OF STORIES [NUMBER 0 REMARKS LLING s z _qllu W NATURE IOF,,YYORK TO BE DONE L -0 lc� � e-W 61 C_7� W VALUATION FEE PROPOSED USE z PLAN CHECK o NO. z IL PLOT PLAN (INDICATE BUILDING SETBACKS, W oc ABUTTING STREETS) BUILDING CL U V) 0 W PLUMBING W HEAT& GAS LINE 0 W 13 FENCE SIGN z RETAINING WALL 0 U SWIMMING POOL 00, 04 STREET FILE. DATE: 41 U 1711S MEMO TO: Building Division Community Development Department FROM-. Engineering Division Public Works Department SUBJECT: '[811-110--1194oTh WE W After review of'the subject building permit application, we have the following comments:, (1) Coordination of the location of any structure with respect to utilities, streets, property lines and driveway grades is the responsibility of the contractor. 2) The contractor is required to keep the abutting streets clean-' ed of dirt and deBris caused by the construction. (3). A "Right -of -Way Construction Permit" is required, from the Engineering Division of Public Works, for any work within -the Public Right -of -Way or public easement. (4). Driveway slope not to exceed 14%. TOGAMMU IUD. L.6T DpAwArA iro pNLrcovrAakjgn om 4-q # -ir Xv PW 5/77 A4 7-,. WMI- 14L. a -1 VAd -A X CITY of EDMONDS ).-,,S I'D,E S- E,�'W�t.lk P.E R, 14 IT .:Zl- co 1-1 C> Ln For Inspection Call 771-3202 .-ASAP STRE LE Address of Construction: V7 Property Legal Description (Include all easements): I -or By'w 4PPI rin-V Owner and/or Builder: 70 773 Contractor & License No: Single Family. Residence t-11 I ON:D: S 14T P T LRE A 'y Lh4E L:A ]NT Multi-Fam.1 y (No. of Units Commercial (No. of fixture Units Invasion into City.Right-of-Way:. No k ""' Yes (If Yes, Right -of -Way Construction Permi't required. Call One -Call -Center (1-800-424-5555) before any excavation.) Cross other Private Property: N o' Yes (If Yes, easement required, - attach legal description and county easement number.) PLEASE READ THEITEMS LISTED ON THE BACK I certif� that I have read and shall comply Ta--t-e' with the items listed on the back. Permit -Fee: Issued By: -:7' Trunk Charge: bate Issued: Assessment Fee: Receipt No.: Partial Inspection: Comments Date Initial Final Inspection Approved: AV- I - b Date Rejected: ason ** PERMIT MUST. -BE POSTED ON JOB SITE ** —5-a—te Initial Wh-ite Copy - File Green �opy --Inspector Buff Copy - Applicant