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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
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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
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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
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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-
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'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
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1-11)
CP t -7
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ADDRESS
CHqCKED
W
W
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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-
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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
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CITY of EDMONDS ).-,,S I'D,E S- E,�'W�t.lk P.E R, 14 IT
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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