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ACTION REPORT
ST'REET FUN? 4167
SUSPENSE DATE:
Date: Time: 00 Fi 1, #
Attactiments
SUBJECT:
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REQUESTOR: NAME:
ADDRESS: 19109 LdkLrMd-
PHONE: -7-71 - -3to 61
REQUEST RECEIVED BY:
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ADDRESS:
TAX ACCOUNT/PARCEL NUMBER:m 4 r F-,, D o o 2 L- \2A c Y-----)
BUILDING PERMIT (NEW STRUCTURE):
COVENANTS (RECORDED) FOR:
CRITICAL AREAS: 2- 2— DETERMINATION: E] Conditional Waiver 0 Study Required 9Waiver
DISCRETIONARY PERMIT #'S: 0z-'92'4(ftbu) A� au�-v-
DRAINAGE PLAN DATED:
PARKING AGREEMENTS DATED:
EASEMENT(S) RECORDED
PERMITS OTHER):2QCE0944(&eA)
PLANNING DATA CHECKLIST DATED: 112
SCALED PLOT PLAN DATED:
SEWER LID FEE $:
SHORTPLAT
SIDE SEWER AS BUILT DATED:
SIDE SEWER PERMIT(S) #:
GEOTECH REPORT DATED:
STREET USE / ENCROACHMENT PERMIT #:
WATER METER TAP CARD DATED:
OTHER:
LID #: IM
LOT: 24 BLOCK:
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SEPA DETERMINATION: A41A
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Ll APO list / notarized form
Ll (Needed for 500 cubic yards of grading, Shoreline Area- site within 200 ft. of Puget Sound or Lake Ballinger)
'���Xempt
SETBACKS:
Required Setbacks: 'T
Street- 2!�� Left Side: Right Side:_ Rear:
Actual Setbacks:
Street: Left Side: Right Side: Rear:
Street map checked for additional setback required? (Y s No DRIA)
Ll DETACHED STRUCTURES:
U ROCKERIES:
U FENCEsrrRELLISES:
L3 BAY WINDOWS / PROJECTING MODULATION:
L] STAIRS/ DECKS:
PARKING: Required: �3 Actual:
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LOT AREA:
BUILDING HEIGHT-----;'�Hj�74-- Ca-%c-f, raA-+ cb4a.01
Datum Point: Datum Elevation:
Maximum Allowed: Actual Height:_
A.D.U. CREATED?:
SUBDIVISION:
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LEGAL NONCONFORMING LAND USE DETERMINATION ISSUED: (Yes No)
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OTHER:
Plan Review By:
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NewBPP1anningDataForrn.D0C
71 Criti cal Areas Q--cklist CA File No: 00-\ -
Information (soils/ topography/hydrolo, )Retation)
1. Site Address/ Location:
2. Property Tax Account Number: 90 000 22�+ 00 9;.2
3. Approximate Site Size (acres or square feet):
4. Is this site currently developed?.A yes; _ no.
If yes; how is site developed?
5. 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 d= 15% (a vertical rise of 10-feet over a'horizontal
distance of 66-feet).
Hilly: slopes present on site of more d= 15% and less Um 30% ( a vertical rise of 10-feet
over a horizontal distance of 33 to 66-feet).
Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal
distance of less d= 33-feet).
Other (please describe):
6. Site contains areas of year-round standing water: A6 Approx. Depth:
7. Site contains areas of seasonal'standing water: &a ; Approx. Depth:
What season(s) of the year?
8. Site is in the floodway floodplain 41,.,z of a water course.'
9. Site contains a creek or an area where water flows across the grounds surface? Flows are year-round?
Ale Flows are seasonal? (What time of year?
10. Site is primarily: forested Ale meadow Ald shrubs W.9 mixed pvt
urban landscaped (lawnshrubs etc) YA
11. Obvious wetland is present on site: — 4& -
Use
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City monds Date Received: IV.,. 19, 2—;t-
City Receipt#: 2� 9s�
Dc�el.prn�lr
.4s Department
Planning Division Critical Areas File M s::��
Phone: 425.771.0220 Critical Areas.Checklist Fee: $45.00
Date Mailed to Applicant:_.&—,J J—e'�
llj�. I ago Fax: 425.771.0221
CRITICAL AREAS CHECKLIST
Ile 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 ofthe application 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
s—cys).
A property owner, or his/her authorized 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.
Please submit a vicinity map, along with the signed copy
of this form to assist City staff in finding and locating the
specific piece of property described on this form. In
addition, the applicant shall include other pertinent
information (e.g. site plan, topography map, etc.) or
studies in conjunction with this Checklist to assistant staff
in completing their preliminary assessment of the site.
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees
to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable
anomey's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or
incomplete information furnished by the applicant, histher/its agents or employees.
By my signature, I ccrtify that the infirXnation and exhibits herewith, submitted are true and correct to the best of my*
knowledge and that I am authorized to file this applica4wVm-& halif of the owner as listed below.
TE 7 --ap" 2
SIGNATURE OF APPLICANT/AGW— DX
Property Owner's Autborization
By my signature, I ccr* that I have authorized the above Applicant/Agent to apply for the subject land use application,
and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the
purposes of inspection and posting attendant to this application.
SIGNATURE OF OWNER DATE& 171, zee,
PLEASE PRINT CLEARLY
Owner/Applicant:
.. Sapn:�J-)an/�rb
Name
Z2&4a
Street AddRss
.a6t=,J� " WA
City State Zip
Telephone: - 7Z;-7- , 772
Email address (optional): -14", k2a. "kat'
Critical AreasChecklW.dod3.19.200I
Applicant Representative:
Narne
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Shim Address
city State zip
Telephone: 40
Email Address (optional):
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ADDR......... .................................................................................................. ........... ............ . ......
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6WNER1 ....... -T ..... ----------- ........................................................ CONTRACTOR ........... .............................. . ...........................
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-PerinisMon.1s granted', -Fi§brUaZV- 17
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*ith.0 .,Sewers W'akeordahce�wiih,�� M�ng.
ow file, and,gove orl ces.
kftENTION IS C A I LED TO: THE: ]�OLIOWINd-.
NoTE No. 1—�ieowm�is'of thelprop�rty may., obtain a permit'to constitict.sewer instla c, property. �Ilri_�. A licensed Side'liewer. Contractor must
be.-einployed!-to construct* side, sewer in.'street. Area* ' Do nof'cov*er any. porti6n of sewer . before it 'Eas been inspected.
No- 2-0htiin full ' in&rmapon�,�j;gar'dM:g� 4?rdInancp, 11.16.030 sid"'e"',sewers w:b-i4n rii. get, permit.
No. 3-7.0p�.f side sewer musi%ia�e at,least 30 inche . s coverage at,prop I erty line and. 12 inche . s Inside prop I ert line m1fii,mum g . Fade of 2%.
.0 6inds in grade sharper than % wi I be p6 ted"
N I rmit
NOTE No."4—,Trenches, in street "must.. be water settled and surfaee.of street restored to 6rIginal-condition. Contractors shall'be' responsible fo
improper wo . rk . whichldmy� develop, withiii'ofie'y"i of comiRlitt
on..
MWE No. .5--It iq.uul&Vq41 tb,sliei or* do �&'ny other work ihan lis, provided for in the -permit, or to do any. work. on' the main: siwer or lt� ap-
Vurtenancei��excevt to Insert the pipe into the'ivye.
The City of Edmonds
APPLICATION
for
SIDE SEWER PERMIT
NEW CONSTRUCTION 0 REPAIRS. 0
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OWNER.. e ... ... rs .....................................
ADDRESS NO ...................
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LYNN PLANT
No. ..........................................
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CONTRACTOR ................ -------------------------------------------- PERMIT No.
LEGAL DESCRIPTION: LOT No . .......... 2.1 . .................. BLOCK No . ...................... ............. .......
NAME OF ADDITION ............ . . ...........................
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CITY OF EDMONDS GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH - Edmonds, WA 98020 - (425) 771-0220 FAX (425) 771-0221
HEARING EXAMINER
C.
FINDINGS9 CONCLUSIONS AND DECISION
OF THE HEARING EXAMINER
CITY OF EDMONDS
APPELLANT: Jim and Laura Philbrick, Michael and Lynn Hawes, and Jillayne
Schlicke.
CASE NO.: AP-03-71
LOCATION: 19101 Dellwood Dr. (seeExhibit A, Attachment 1).
APPEAL: Appeal of staff decision to approve an Accessory Dwelling Unit at
19101 Dellwood Drive.
REVIEW PROCESS: Hearing Examiner conducts public hearing and makes final
decision for the City.
MAJOR ISSUES:
a. Compliance with Edmonds Community Development Code
(ECDC) Chapter 16.20 (RS-SINGLE FAMILY
RESIDENTIAL)
b. Compliance with Edmonds Community Development Code
Chapter. 20.21 fAccessio ling--
-jyAwel
�- , C Corhpliance With Edhfonds Community .. Deve . I I opment . Cod e
(ECDC) Chapter 20. 1'05 (APPEALS AND COURT REVIEW
SUMMARY OF RECOMMENDATION AND DEC'ISION:
Staff Recommendation: Deny the Appeal
Hearing Examiner Decision: Deny the Appeal
PUBLIC HEARING:
After reviewing the off ' cial file, which included the:Planning Division Staff Advisory Report,
and after visiting the site, the Heari % ng Examiner.. conducted.apublic hearing on the appeal. The
hearing on the Hawes, et. al. appeal was opened at 9:30 a.m., July 3, 2003, in the City Hall,
Edmonds, Washington, and closed at 10:22 a.m. for oral comments, but was held open
Incorporated August 11, 1890
Sister'vC4 - Hekinan, Japan
Hearing Examiner Decision
Case No. AP-03-71
Page 2
administratively until the end of the day to allow one of the appellants time to submit information,
he did not have immediate access to at the hearing. He submitted three emails several days after
the hearing was closed and those emails will not be entered into the record as they were not
timely submitted. 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.
HEARING COMMENTS:
The following is a summary of the comments offered. at the public heanng.
From the City:
Star Campbell, Planner, reviewed the staff advisory report and entered into the record as
Exhibit A.
From the Appellants:
Michael Hawes said:
* He -doesn't believe Mr. Daniali lives at the subject house.
Mr. Daniali has told each and every neighbor a different story and his stories are full of
ambiguities and contradictions. Attachment 4 to Exhibit A points out some of the
contradictions.
Mr., ' I Daniali has signed an affidavit saying he lives there, but none of the neighbors have
ever seen him stay there.
Mr. Daniali told neighbors the house had an ADU when he bought it, but the former
owner said it was only one unit.
James Philbrick said:
He works out of his house and his house looks to the south towards the Daniali house.
He would swear under oath that Mr. Daniali does not live there.
He w-'as told the- -A-
lives upstairs. DU is for his niece, but a young man lives there, and another family
Jillayne Schlic'ke said:
• The City staff has followed the letter of the law, but the neighbors have presented a
clear picture of what is actually happening.
• The spirit of the law is to have owner occupied ADU's and the mortgage papers show
Mr. Deniali does not live in the unit.
From the Community:
Paul Rootvik said:
He lives to the south of the Daniali house and the map (Exhibit A, Attachment 1) is
wrong. It shows his house to be the location of the Daniali house. The Daniali house is
the next property to the north on the map.
"earing Examiner Decision
Case No. AP-03-71
Page 3
• He questioned the date of Mr. Daniali's driver's license and voter's registration card.
• Mr. Daniali's background suggests that he should have known better than to construct an
ADU without pen -nits.
• The City has con ' ducted no investigation to determine if Mr. Daniali actually lives there.
• The criterion that he lives in the house six months out' of the year is key to approval of the
ADU.
• Construction of the ADU has been going on, but Mr. Daniali doesn't live there.
• Mr. Daniali said he bought the house for his son.
• In some of the documents Mr. Daniali says he live's at the subject property and in some of
the documents he says he doesn't live there.
• There has been no conflict in the neighborhood for over ten years until this came up.
• Mr. Daniali seems to know how to manipulate the system.
The single-family zoning that exists is supposed to maintain quality of life in the
neighborhoods, but:
There is now excessi ve traffic from this house.
Garbage is strewn about.
Mr. Deniali's son has verbally assaulted neighbors.
An ADU is o.k. if the applicant lives there, but not if someone is just trying to
manipulate the system.
From the Applicant:
Saed Daniali said:
'He does live in the subject house.
He owns the property and he applied for an ADU.
He -also owns ahouse at 7821, 175" St. SW in Edmonds and has his office there. He
works at the University of Washington nine months out of the year and consults out of
the house on 175 1h SW part-time.
• He sleeps in the house on Dellwood Drive and goes to bed about 1:00 a.m. There are
too many cars at the Dellwood Drive house, so he walks from the other house.
• He submitted photographs to show other houses in the neighborhood had numerous
cars, snowmobiles, etc. parked in front of the houses also (See Exhibit Q.
• His life has changed drastically since last summer.
• It is not a fraud to have two primary homes, especially for a separated family.
• He agrees he made a mistake by not applying for the ADU.
4*HearingExaminerDecision
Case No. AP-03-71
Page 4
He said his wife's nephew lives in the living room of the ADU with him. The
nephew is a student at the UW and his parents live in Bellingham.
Response from the City:
Star Campbell said the ADU application meets all of the criteria for approval, except for
occupancy. The permit has not received final approval at this point so the applicant does
not need to live there now, but will need to live there at least six months out of the year if
the permit is approved.
FINDINGS OF FACT AND CONCLUSIONS:
A. HISTORY
1. Application Chronology:
a) Facts:
(1) On November 12, 2002, an order to stop work and obtain permits was issued to
19 101 Dellwood Drive by the City Building Official because of remodeling
construction that was going on at the property without permits.
(2) A building permit application was submitted to the City on November 22, 2002.
Because plans submitted with the building permit application showed what the
Edmonds Community Development Code (ECDC) considers to be an Accessory
Dwelling, an application for an Accessory Dwelling Unit permit was required to
be submitted.
(3) Saeed Deniali applied for the Accessory Dwelling Unit permit for 19101
Dellwood Drive on December 20, 2002.
(4) During Staff's review of"the Accessory Dwelling Unit application, a number of
concerns about the proposal were raised by neighbors of 19101 Dellwood Dr. (See
S taff Report Section B.7. — Exhibit A, Attachment 3).
A rridin'-c-bin ce'rn brought up during th . e revi I ew of the Accessory Dwelling unit was
that Saeed Daniali, the owner of the property, does not reside at the address and
does n6fifitehd to reside at the address.
(6) This concern was considered and addressed in the Staff Decision.
(7) The Staff review determined that all the criteria that are required to be met for an
Accessory Dwelling Unit either were or could be met. A Staff Decision to
ve 1h
appro ' the application with conditions, was issued on April 29 , 2003. (Exhibit
A, Attachment 3)
th
(8) The following persons submitted an appeal of the Staff Decision on May 12
2003: Jim and Laura Philbrick, Michael and Lynn Hawes, and Jillayne Schlicke
(See Exhibit A, Attachment 2). These are neighbors of 19101 Dellwood Drive
who had provided comment on the ADU application. The applicants submitted
the appeal within the allowed time period after the issuance of the Staff Decision.
�'4
Oearing Examiner Decision
Case No. AP-03-71
Page 5
B. APPEAL ISSUES
1. Issues raised by the Appellant
a) Summary of Statements by the AJ)Dellants: (See Exhibit A, Attachment 2)
(1) Occupancy of ADU: The appellants maintain that the ADU applicant, Saeed
Daniali, does not live at the residence. They state that, as neighbors, they know
that Mr. Daniali does not reside at 19101 Dellwood Dr. The appellants assert that
Mr. and Mrs. Daniali live at another address, 7821 175ffi St. SW, where they have
lived for a ' number of years. The appeal letter states that the Danialis recently
refinanced their home at 7821 175th St. S,W. The letter includes, as an
attachment, the Deed of Trust document for this mortgage, which has a paragraph
that requires that the borrower occupy 7821' 175th St. SW as the borrower's
principal residence. Finally, the appellants state that the Danialis were granted a
44 non -owner occupied" mortgage loan for the 19 101 Dellwood Dr. property.
(2) Residency Affidavit: The appellants provide a copy of a statutory warranty deed
that lists Saeed and Mahnaz, Daniali as owners of 19 101 Dellwood Dr. i They feel
that the affidavit that Mr. Daniali was required to submit stating that heiresides at
19101 Dellwood Dr. for at least six months out of every year should have been
required to be signed by, Mahnaz Daniali, since she is also a property owner. They
state that the affidavit is not valid since it was not signed by both of the'property
owners.
(3) Rental Income: The appellants point out the requirement in the Accessory
Dwelling Unit chapter that states that the o w'ner may not receive rent for the
owner occupied unit of the residence (ECDC 20.21.030.17). 'The appellants
surmise that the reason the Danialis can pay for both homes and qualified for a
mortgage loan for 19101 Dellwood Dr. is that they receive rent for the 19101
Dellwood Dr. property.
(4) Parki ig Concerns: The appellants state that three parkin
...... for-
e a list of the people who they believe to occupy the
residence and their respective vehicles. They also list the vehicles owned by the
Danialis- and state that if,allAhe'li§tedp6ople were to occupy6le residence, there
would not be enough parking and . that this would affect the look and feel of the
neighborhood.
b) Hearing Examiner Res onse:
(1) Rental Income: The concern that the appellants bring up regarding rental income
is not valid. It is true that a requirement of Accessory Dwelling Units is that the
owner may not receive rent for the owner occupied unit of the residence. There
was no factual basis presented by the appellants to legitimize this concern though.
A concern that something may be happening that is not allowed by the Accessory
Dwelling Unit criteria is not enough to bring about the conclusion that that
criterion is not being or will not be -met.
'"Hearing Examiner Decision
Case No. AP-03-71
Page 6
(2) Parking Concerns: The parking concerns brought up by the appellants also do not
serve as an indication that the parking criterion for an Accessory Dwelling Unit
may not be met. The parking criterion was addressed in Section 4 of the Staff
Report (Exhibit A, Attachment 3). Additionally, the Staff Decision includes a
condition that the permit shall automatically expire if the site ceases to maintain
the required number of parking spaces. A property with an ADU is ' not required
to have a parking space for each of the driving occupants. In addition, there is no
law that requires that residents actually park in the parking spaces that they
provide.
For example, a single-family residence without an ADU is required by the
.development code to have two off-street parking spaces. Although these required
spaces may be provided by a garage, there is nothing to prevent a resident from
filling the garage with belongings and parking elsewhere on their property. In
addition, there is nothing to prevent someone from parking in the City.right-of-
way in many areas of the city.
(3) Residency Affidavit: The City' in practice, does not require that the husband and
wife both sign documents that require the owner signature. A husband signing as
owner is assumed to represent both the husband and wife. Conversely, a wife
signing as owner would be assumed to represent both parties. The fact that Saeed
Daniali submitted proofs of residence in form of a driver's license and voter's
registration and signed the residency affidavit and his wife did not provide her
signature, does not, in Staff s opinion, mean that the residency affidavit is invalid.
(4) Occupancy of ADU: In considering the point of appeal regarding the claim that
Mr. Daniali does not live and does not intent to live at 19101 Dellwood Dr., the
following points should be considered:
a. A number of letters were received during the review of the ADU application
regarding the owner's intent to occupy the property. Refer to Attachment 7 to
the-ADU Staff-Reporr(Exhibit A-�.Attachment 3).-,-.
b. The Accessory Dwelling Unit Chapter defines owner -occupied to mean, "a
property,owner who makes- his;or her -legal residence at,the'site,,,as evidenced
by voter registration, vehicle registration, or similar means, and actually
resides at the site more than six months out of any given year..." (ECDC
20.21.030.F)
Staff responded to concerns regarding the owner's intent to occupy the
property during the review period for the ADU application. Saeed Daniali
was asked to provide evidence of his residence of the property in the form of a
voter registration, vehicle registration, or similar means. Mr. Danidli
responded by providing a Driver's License and Voter's Registration that show
his address to be 19101 Dellwood Dr.
Staring Examiner Decision
Case No. AP-03-71
Page 7
d. Mr. Daniali also submitted, with the ADU application, a notarized affidavit
stating that he resides at 19101 Dellwood Dr. This affidavit was included as
Attachment 9 of the ADU Staff Report (Exhibit A, Attachment 3).
e. One of the items submitted during the comment period with the review of the
ADUwas documentation that the 19101 Dellwood Dr. property was
purchased by Mr. Daniali through a non -owner occupied loan. To view this
document, please refer to the January 24, 2003 letter from Jillayne Schlicke
included as part of Attachment 7 to the ADU Staff Report (Exhibit A,
Attachment 3).
f. Concerns regarding Mr. Daniali's intent to occupy 19101 Dellwood Dr. were
addressed in the staff report. Staff concluded that "In consideration of the
affidavit and the other "proofs of residence" submitted, the evidence showing
that the home was purchased through a non -owner occupied loan cannot be
used as proof that the applicant will not be able to meet this criteria." (Exhibit
A, Attachment 3 — Staff Report Section B.7.d.)
g. The appeal letter states that the Danialis recently refinanced their home. at
7821 175th St. SW. The letter includes, as an attachment, the Deed of Trust
document for this mortgage, which has a paragraph that requires that the .
borrower occupy 782.1 175th St. SW as the borrower's principal residence.
(Exhibit A, Attachment 2)
h. In reviewing the appeal, Staff reviewed materials in the violation file for '
19101 Dellwood Dr (File BE-02-302). This file contains documentation of
conversations that Mr. Daniali and Mrs. Daniali had with Building and
Planning Division staff members. The Danialis worked with these staff
members as they prepared for the submittal of the permits that were required
to be obtained as a result of a violation (See Exhibit A, Section II.A. I.a.(l)).
.i. Records of conversations that Mr. Daniali and Mrs. Daniali had with staff
members document that'on one occ a-sion Mr. Dani a-h-state - d tha . t .. he do . e . s not
live at the 19101 Dellwood Dr. property and that on another occasion Mrs.
Daniali stated that, the. couple does not live at the property, Records of theset
conversations have been included as Exhibit A, Attachment 4.
j. This Planner has asked Mr. Daniali if he lives at 19101 Dellwood Dr. and his
response was, "Yes. That is what I am declaring."
k. The ADU has not received final approval at this point, since the initial staff
approval -has been appealed and the building permit for the remodeling work
has not been issued. For these reasons, there is no requirement that, at the
current time, Mr. and Mrs. Daniali must be residing at 19 101 Dellwood Dr.
1. The Deed of Trust, notarized 5/28/03 and filed with Snohomish County on
6/2/03, (Exhibit B) indicates the property at 19101 Dellwood Dr. will be.
owner occupied. As Saeed Daniali noted at the hearing, he and his wife are
e
aring Examiner Decision
Case No. AP-03-71
Page 8
separated. Therefore, each of them could live in one of the two houses that
they own and each of the houses would be owner occupied.
in. If the ADU did receive final approval, in order to meet the ADU criteria, Mr.
And/or Mrs. Daniali would then need to reside at the property for six months
out of the year. To ensure that this will happen, it has been standard practice
to require the notarized affidavit to be submitted with the ADU -application
that states that the owner will live at the property for six months out of the
year.
n. After an ADU is approved, it is more difficult for the City is unable to monitor
the ADU to make sure the residency criteria are being met. If this criterion
was not being met, the City would rely on the neighbors to provide a majority
of the evidence to the City that shows that the criterion is not being met.
o. Insufficient evidence has been presented to determine that Mr. and/or Mrs.
Deniali do not intend to reside at 19101 Dellwood Dr. after the issuance of the
ADU permit.
p. In order to approve an application for an ADU, it must be determined that all
the required criteria may be met. The Examiner has determined that all of the
criteria have been met. If in the future, it is determined that Mr. and/or Mrs.
Deniali do not live in the house at 19191 Dellwood Dr. at least six months out
of each year the ADU permit will be rescinded.
DECISION:
Based upon the foregoing findings and conclusions, the appeal is denied.
Entered this 16'h day of July 2003 pursuant to the authority granted the Hea . ring's Examiner under
—Chaptef.20.-I 00- -of 'the' ommunity Development Code of the City of Edmonds.
Ron McConnell, FAIC
Hearing Examiner
RECONSIDERATION AND APPEAL:
The following is a summary of the deadlines and procedures for filing reconsideration and
appeal. Any person wishing to file or respond to a recommendation or appeal should contact
the Planning Department for further procedural information.
Steaning E, xaminer Decision
Case No. AP-03-71
Page 9
REOUEST FOR RECONSIDERATION:
Section 20. 100.0 1O.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.
APPEAL:
Pursuant to Section 20.105.030.1) the Hearing Examiner's decision on the appeal of a staff
decision of a project permit application is final and no appeal the City Council is'permitted.
EXHIBITS:
The following exhibits were offered and entered into the record.
A. Planning Division Advisory Report, with 4 attachments
B. Deed of Trust for Lot 24, Dellwood Village
C. Information submitted at the hearing by Saeed Daniali
1. Uniform Residential Loan Application for' 19191 Dellwood Drive
2. Twelve photographs showing vehicles in front of other homes in the vicinity of the
subject,property.
PARTIES OF RECORD:
Jim and Laura Philbrick
19029 Dellwood Dr.
Edmonds, WA 98026
Jillayne Schlicke
19021 Dellwood Dr.
Edmonds, WA 98026
Saed Daniali
7821 175t' St. SW
Edmonds, WA 98026
Michael and Lynn Hawes
19102 Dellwood Dr.
Edmonds, WA 98026
Paul Rootvik
19109 Dellwood Dr.
Edmonds WA 98026
Engineering Division
Planning Division
CITY OF EDMONDS
121 5TH AVENUE NORTH - EDK�ONbs, WA 98020 - (425) 771-0220 FAX (425) 771-0221
Website: www.d.edmondsma.us
DEVELOPMENT SERVICES DEPARTMENT
Planning Building Engineering
Mr. Saeed Daniali
19 101 Dellwood Drive
Edmonds, WA 98026
RE: Building Permit #2003-0944
Dear Mr. Daniali:
GARY HAAKENSON
MAYOR
STR . EET FILE
June 7, 2004
The purpose of this letter is to memorialize our agreement today on the following issues for,the
property located at 19101 Dellwood Drive:
Deck/Stairs/Gudrdraii
That portion, of the existing deck/guardrail and stairs that encroached into the side yard setback
has been removed such that no port ' ion is greater than 30 inches above grade and the maximum
projection into the side yard setback is two feet (for a remaining compliant setback distance of
5Y2 feet). As, you know, the ECDC provides that uncovered decks less 30 inches to. grade may
project into a required setback not more than one-third of the required setback distance, or. four
feet, whichever is less. The City considers this matter to be closed.
Porch Posts
The City. Building Inspector noted that the porch posts are untreated wood. As you are aware,
the Building Code requires that all wood exposed to Weather be pressure treated or naturally
resistant to decay. 'You have made a request to retain the existing construction because
replacement would require that the entire porch be removed and re -constructed. You have
requested an alt ' emate design that includes waterproofing the existing posts with a commercial
agent, and then siding each post with cedar and sealing all comers with outdoor rated silicone. I
accept this alternate design proposal. Please have the work complete by June 17, 2004 and
kindly inform Michael Snook, Senior Building Inspector when the work is. complete and ready
for inspection.
Shed
As you, are aware, since the shed is less than 120 square feet no building permit is required, but
all buildings must meet minimum setback requirements. In your specific case the property is
zoned RS-8 and the shed must be re -located on site to at least 7V2 feet from side yard property
lines and 5 feet from the rear property line. The shed must be relocated by June 17, 2004 and
must be measured by Michael Snook, Senior Building Inspector.
Incorporated August 11, 1890
Sister City - Hekinan, Japan
10
Mr. Daniali
June 7, 2004
Page Two'
Accessory Dwelling Unit and Kitchen
The City is in receipt of your request to withdraw the ADU planning permit. Based on the City
Hearing Examiners' definition of a kitchen the following features and appliances constitute A
kitchen; stove, 'refrigerator, hood and fan, countertops, cabinets, and sink. In order , for the
second kitchen to be removed all features that constitute the second, kitchen must be removed. In
lieu of removing all -of the noted items, you are proposing the following: remove the stove and
refrigerator and replace'with a clothes washer and dryer,. change.out the existing sink with a
laundry tub and retain the counter and cabinets. Note, since the ventilation code requires that a
50cfin minimum fan be provid ed in a laundry room, the existing fan may comply with code. The
City accepts this alternative. Please have the work complete by June 17, 2004 for inspection by
Michael Snook.
Basement Slegping Room South of Stairs
Our research indicates that the house was constructed in 1957. The code effective at that time
was the 1955. edition which did 'not regulate sleeping room window sill height. . Since this
sleeping room was original the City shallnot require any change to the sill height.
Basement Sleeping Room North of Stairs
This room was not originally a ' sleeping room when thehome was first constructed. Although
there -is a small closet constructed under a portion of the stairs, as owner you understand that this
room may �ot be used as a sle0in2 room as it does not comply to minimum provisions of
the buildin2 code. In order for this room'to be used as a sleeping room the window sill height
(at a minimum) would have, to be altered to current code at the time of permit application. The
existing and current use of this room is office/storage and it is your responsibility to inform
current tenants as well as future purchasers of th e approved occupancy use of this room. Copy of
floor plan attached.
If you have any questions please feel free to contact -me at 425-771-0220 extension 1226.
Sincerely,
Jeannine L. Graf
Building Official
VX,
CITY OF EDMONDS
PLANNING DIVISION
DECISION FOR
ACCESSORY DWELLING UNIT PERM4I_Ie�
FILE #_ ADU-2002-234
APPLICANT Daniali. Saeed
PROPERTY LOCATION 19101 Dellwood Dr.
PROJECT DESCRIPTION Accessory Dwelling Unit Permi t
A. INTRODUCTION: Saeed Daniali has applied for an Accessory Dwelling Unit (ADU) to
obtain approval for the addition of an Accessory Dwelling Unit (ADU) to his home at 19101
Dellwood Dr. The ADU is located in the basement of the two -level residence as shown on
the attached site and floor plans (Attachments 2 and 4). This review consisted of evaluating
the ADU for compliance with the ADU criteria provided in ECDC Chapter 20.21 j i The
review determined that the ADU application meets all the criteria.
B. ANALYSIS: Section 20.21.030 of the Edmonds Community Development Code provides
the criteria by which the Accessory Dwelling Units are to be reviewed.
1. Number of existing Accessory Dwelling Units on site: A single-family dwelling may
have no more than one accessory dwelling unit per lot (ECDC 20.21.030). The proposal
will res ult in only one ADU.
2. Size: Accessory Dwelling Units are limited to 800 square feet and 40% of the floor area
of the principal dwelling without special pennission from the Planning Manager (ECDC
20.21.030.C). The following table illustrates how the ADU meets these requirements:
Maximum
Proposed
800 square feet
480 square feet
9 bedrooms
I bedroom
40% of floor area of principal
dwelling
The ADU occupies approximately
33% of the floor area of the
principal dwelling
3. Location and Appearance: Accessory Dwelling Units.must be located within or
attached to single-family dwelling units and the design of the ADU must be incorporated
into the design of the primary residence so the single-family character and appearance of
the residence is maintained. New entrances are to be placed at the rear or side of the
home whenever possible. (ECDC 20.21.030.D) I
Page 2
Dainiah ADU
File No. ADU-2002-234
This ADU is located within the basement of the primary residence. The ADU has a
separate entrance from the north side of the house (See Attachments 3 and 4).
Photographs (Attachment.6) show that the house. maintains its appearance as a single-
family residence.
4. Parkine: A single-family residence with an Accessory Dwelling Unit requires 3 parking
spaces. The applicant has been able to demonstrate that he can provide 3 parking spaces
on the site. The site plan included as Attachment 4 shows three parking spaces on site.
Any spaces that are proposed will need to meet the 8.5' X 16.5' dimensions that are
required for parking spaces. It appears that one of the spaces, shown as 'Td parking" on
the Attachment 4 site plan is actually proposed. As part of the review of the building
permit application for the ADU, the Engineering Division will ensure that this space will
meet the minimum required dimensions.
5. Occupancy: The homeowner has signed an affidavit that states that he will occupy one
of the units for a minimum of six months of the year. See Attachment 6. The total
number of occupants in the Primary residence and in the Accessory Dwelling Unit may
not exceed one "family," as defined by the Edmonds Community Development Code
(ECDC). This definition has been included as Attachment 10, but briefly, means two or
more persons who are related or a group of five or fewer persons who are not related.
The approval of this ADU permit for the subject property does not mean that more than
one,"family" may live at the residence.
6. Safety, Light, Ventilation:, The applicant has a building permit application under
review at this time. The granting of this permit and the associated inspection by a City
Building Inspector will ensure that the Accessory Dwelling Unit meets the requirements
of all life -safety codes and standards.
7. Public Comment: The review of an Accessory Dwelling Unit permit requires
public notice of the staff decision. A public comment period for this application was
provided from April 1, 2003, to April 15, 2003 during which three parties provided
written comment (See Attachment 7). The following concerns were brought up by the
written comments:
a. Concern: Allowing the Accessory Dwelling Unit allows an apartment / duplex and in
doing so, will change the Single -Family Residential use / zoning of the property.
Staff Response: The response to this concern is that an Accessory Dwelling Unit is
an allowed secondary use in a single-family zone and allowing an Accessory
Dwelling Unit does not change the Single -Family Residential use / zoning of the
property.
b. Concern: The applicant does not meet the purposes of an ADU as stated in ECDC
20.2 1.000.
2
Page 3
Dainiali ADU
File No. ADU-2002-234
Staff Re§ponse: This section of the Accessory Dwelling Unit chapter states the
purposes of the Accessory Dwelling Unit chapter. The section states that the,
"primary purpose of this chapter shall be to permit establishment of additional living
quarters within single-family residential neighborhoods..." The section continues on
to list four different reasons why someone might want to establish an ADU. It is
staff s opinion that one of these purposes, "...provide the opportunity for
homeowners to gain the extra income necessary to help meet the rising costs of home
ownership," may apply to anyone. In any case, this section does not identify the
criteria for the approval of an Accessory Dwelling Unit permit. These criteria are
listed in a different section of the Accessory Dwelling Unit chapter titled "Criteria f6r
attached accessory dwelling units," (ECDC 20.21.030) and constitute the standards by
which ADU's are reviewed.
c. Concern: The application is not consistent with the purposes of the zoning ordinance
stated in ECDC Chapter 16.00.010.
Staff ReMonse: Section 16.00.010 establishes the overall reason for zoning. This is
further defined by 16.20 Single -Family Residential Zone, and in this case, ECDC
20.21 Accessory Dwelling Units. The zoning ordinance actually allows Accessory
Dwelling Units under ECDC Chapter 16.20.010 Single Family Residential iuses and
establishes a chapter by which to review Accessory Dwelling Units in ECOC 20.21.
d.Concern: The applicant does not live at the property. The comment letters provided a
copy of the loan documents that show that the owner obtained the residence through a
non -owner occupied loan. Comment was made that the applicant has been seen only
rarely at the residence and that he is not believed to live there. A copy of a property
profile from Snohomish County Assessor records shows the applicant as owner of
another home,7821 175h St. SW.
Staff ReMonse: A criterion for approval of an Accessory Dwelling Unit is that the
owner must agree to live at the residence for more than six months out of the year.
See above Staff Report section B.5. The owner is required to sign a notarized
affidavit stating that they will reside at the property for more than six months out of
the year. The applicant has signed this form that is included as Attachment 9. In
addition, the ordinance states that this may be evidenced by, "voter registration,
vehicle registration, or similar means..." (ECDC 20.21.0301). In response to early
concern regarding the residency of the applicant, staff asked that the applicant submit
evidence in the form voter registration, vehicle registration or a similar means. The
applicant responded by submitting a voter registration and a driver license that shows
his address as 19101 Dellwood Dr., the address of the subject property. These
documents have been included as Attachment 5. Records showing that the applicant
owns another home do not indicate that he does not or will not reside in the subject
property, merely that the applicant owns another home. Further, these records can be
slow to be updated and may continue to show former ownership of a property for
some time after the property has already been sold.
3
Page 4
Dainiali ADU
File No. ADU-2002-234
In consideration of the affidavit and the other "proofs of residence" submitted, the
evidence showing that the home was purchased through a non -owner occupied loan
cannot be used as proof that the applicant will not be able to meet, this criteria.
However, as stated in below Section C.La. of the Staff Report, the ADU permit� will
automatically expire if the property owner ceases to reside in either the primary
residence or the ADU.
C. DECISION: Approved with the followini! conditions:
This preliminary decision shall become final as conditioned below, unless a written
appeal is received.
1. This permit shall expire automatically if any of the following issues arise:
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
permitting authority and building official.
b. The subject site ceases to maintain the required number of parking spaces.
c. The property owner ceases to reside in either the primary residence or the
accessory dwelling unit, the owner -occupied unit is rented, or the current (or
future) owner fails to file the affidavit required under ECDC 20.21.025.A. I with
the City.
2. A building permit and inspection through the City Building Division is required
prior to making any further changes to the Accessory and prior to occupancy of the
Accessory Dwelling Unit.
3. The property owner(s) must sign and notarize the covenant that will be recorded
with the Snohomish County Auditor which provides notice to future owners of the
limitations of the Accessory Dwelling unit permit and the restoration of the site to a
single-family dwelling in the event that any condition of approval is violated (see
Attached). A recording fee is required.
4. The Accessory Dwelling unit permit is transferable to future owners of the
residence unless there is a violation of any conditions of approval listed above.
5. All new property owners must file their own affidavit of occupancy with the City of
Edmonds Planning Division. For an example of this form see Attachment 9.
Entered this 29h day of April 2003, pursuant to the authority granted city staff under Chapter
20.95 of the Community Development Code of the City of Edmonds.
Star Campbell
Assistant Planner
Page 5
Dainiali ADU
File No. ADU-2002-234
D. REQUEST FOR RECONSIDERATION, TIMEFRAMES AND APPEALS
Request for Reconsideration:
Section 20.95.050.B.2. provides for Staff to reconsider his decision or recommendation if
a written request for reconsideration is filed by the applicant within ten (10) working days
of the date of the initial decision. 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.
Appeals:
Section 20.105.010.A describes how appeals of a Staff decision shall be made. The
appeal shall be made in writing, and shall include the decision being appealed along with
the name of the project applicant and the date of the decision, the name and address 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
Development Services Director within fourteen (14) calendar days after the da te that the
decision is issued. Appeals are presented to the Hearing Examiner.
Timeframes:
The time limits for Reconsiderations and Appeals run concurrently. If a request for
reconsideration is filed before the time limit for filing an appeal has expired, the time
"clock" for filing an appeal is stopped until a decision on the reconsideration request is
completed. Once the staff has issued their decision on the reconsideration request, the
time clock for filing an appeal continues from the point it was stopped.
For example, if a reconsideration request is filed on day 5 of the appeal period, an
individual would have 9 more days in which to file an appeal after the staff issues their
decision on the reconsideration request.
E. ATTACHMENTS:
1 . Vicinity Map
2. Site Plan
3. Floor Plans
4. Site Plan showing ADU entrance
5. Proof of Residence Submitted by Applicant
6. Photographs of residence
7. Public Comment Letters
8. EDCD 21.30.010 - Definition of Family
9. Accessory Dwelling Unit Affidavit
Page 6 so
Dainiali ADU
File No. ADU-2002-234
F. PARTIES OF RECORD
Saeed Daniali
7821 175"' St. SW
Edmonds, WA 98026
Michael J. Hawes
19102 Dellwood Dr.
Edmonds, WA 98026
James Philbrick
19029 Dellwood Dr.
Edmonds, WA 98026
Jillayne Schlicke
19021 Dellwood Dr.
Edmonds, WA 98026
Engineering Department
Planning Department
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Attachment 1
File No. ADU-02-234
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Signature of Registered Votei
This card. is your Official record, that
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Snohomish.County, State. of Washington
Bob Terwilliger 3000 Rockefeller'Ave M/S 605
Snohomis.h. County Auditor Everett WA 98201-4045
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SAEEO DANUkU
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EDMONDS WA .98026-6041
Aftachment 5
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January 7, 2003
Mr. Mike Thies
City of Edmonds, Building Department
1215" Avenue North
Edmonds, WA 98020
Re: Application for Accessory Dwelling Unit for 19101 Dellwood Drive.
Mr. Thies,
I want to express my concern for the permit application submitted for an Accessory
Dwelling Unit at 19101 Dellwood Drive. As we have discussed, this neighborhood is
zoned for Single -Family Residential. The alleged A.D.U. at this address is not being
used for the proposes described in section 20.2 1.000 in our city codes. The downstairs
portion of this address has, for all intents and purposes, been made into an apartment and
does not abide by 20.21.000. The purpose for having such codes is stated in Section
16.00.000 (B) "...to ensure the orderly and beneficial development of those uses by:
1. Preserving and retaining appropriate areas for each type of use-,
2. Preserving encroachment into these are as by incompatible uses; and
3. By regulating the use of individual parcels of land to prevent unreasonable!
detrimental effects of nearby uses."
An apartment in our neighborhood does none of this.
Here are the facts as I know them:
• When the property was purchased sometime during the summer of 2002, the
buyer told my wife that he is the owner but his son and family (pregnant wife, two
small boys) will be living there.
• After he started building in the downstairs level of the residence, my wife asked
him (the owner) what he was building and he responded, "An apartment".
• My wife contacted your department to notify you of what was taking place. Your
department told her that no permits have been filed. On November 20 Ih someone
from your department placed a "Stop Work Order"on the apartment door. He did
not stop working.
• On Sunday January 5, 2003, 1 asked the owner what he was doing in the
basement. He told me that he built an A.D.U.. I told him he is violating code and
he responded that he will be living there with his niece.
• On Sunday January 5, 2003, it appears that a young man has moved in as
evidenced by his carrying boxes into the apartment and spending the night.
• The same young man has spent the last two nights at the apartment.
Mr. Theis, you told me the owner has a signed affidavit stating that he resides at this
address. Since the house was purchased last summer, he has not spent one night at this
address that I have noticed.
Aftachment 7
City Code states that he has to file for permits pr Lor to construction. This was not done.
City Code states that property has to be inspected during construction. This was not
done. Because the owner does not meet the requirements to comply with the code for an
Accessory Dwelling Unit I believe it appropriate for the City of Edmonds to have the
owner return the home to a Single -Family Residential and levy the appropriate penalties
including those stated in Sections 5.50.020 and 19.00.080.
The owner of 19101 Dellwood Drive has a blatant disregard and arrogance toward our
zoning laws.
I moved my family to this neighborhood because the area has a family, -friendly feel and
disposition. Because of the zoning laws, there are no apartments or duplexes in this
neighborhood. I will be vigilant in maintaining the enforcement of those laws.
SinceWy,
/ Ajk"
J s Philbrick
19029 Dellwood Drive
Edmonds, WA 98026
Daytime phone: 425-744-6709
0
RECEIVED
JAN 2 2003
PEVELOPMENT SERVICES
OCEAN REEF CLUB
KF- H
19to
31 OCEAN REEF DRIVE C-300
KEY LARGO, FLORIDA 33037 - 30S-367-2611
Prowly Dda
7821 176th St SW
Edmonds, WA 98026
0.
:Property Profile
A
Ownw(s) Saeed Daniall pared #
Property 7W 175th St Sw Map Cowd 455AZ 04-27-USE
Edmonds, WA 98M Cenwo Tract502-W
Mailing AddrMI 175th St Sw County Sndm*h
Edmonds WA W= Owner Phone
L.egd SROOKVIEW SLK OOD D-00 LOT 5
Lot Number 005
use Sfr Yew 19W 3522
BuRt Fed
Zoning RS12 Lot Sin # of units
Bedroom 4 BS#WOOMS 3.5 Fireplace 2
fRoom , 0"" Glow He" ForcW A&
POOVSP 51'" 'w*
stories I.W Pw" Aftched Qff%P
FloW
AWftW Concrete Foundation; COnCretO THO ROOF Cover,
Prop" Sam Information
sale Date 101MI M
sisq. Ft.
$95.12
2nd Aft . .
Salle $335,0W
Ist Lam
$3WAD
Prior Sale Ant. =5.000
Prke
Doe N06 199811030493
Loan TypeCorw
prjorsakoL '05/17/1985
Doe Type Wwrm* Deed
XferDde
IIIIAW11998
PrIorDoCNO. 119SM170099
saw M"w Donald L & Linda D Lerider
Phoenix Svgs Bk Pdw Doc TYPO W6rTw"Y Deed
I�U.Iwfw-
kinp VAlue
=7�=
Exemption H
Land Value
$167,000
Tax YeWAfee 2002/0217
ToW Value
$374MO
Tax VAM $374.9W
Tax Ant
$4,894.19
Improved 55%
Informidion compiled from various sources and is deemed reli able but not guaranteed.
/nq-ibipropertyDetaiLasp?ID=12802438&state=WA&CountY--:Snohomish&AI)N==006792-00(1/18/2003
U W%_rd - LjCParUI=LIL VI %,VIUU U%IUVLA
:�2
Construction Management Faculty
Member.
Saeod Daniall, Ph.D., P.E., S.E.
P.D. Koon Professor
Dept. of Construction Management
University of Washington
116 Architecture Hall, Box 351610
Seattle, WA 96195-1610
phone: 206.685.1764
fax: 206.685.1976
email: sdanialix-Omwashington.edu
Courses of Instruction
CM 320 Construction Contract
Docurne
CM 41 Construction Estimating I I
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. January 27, 2003
City of Edmonds
Planning Division
121 5th Avenue North
Edmonds, WA 98020
40
. From the desk of Michael J. Hawes
191o2 DeRwood Drive Edmonds, WA 98026
425-775-8396
mike.hawes@fincti.com
RE: Accessory Dwelling Permit Application
19 101 Dellwood Drive, Edmonds, WA 98026
To Whom It May Concern,
It has come to my attention the following homeowner in the Dellwood
neighborhood has applied for an accessory dwelling permit.
Saeed and Mahnaz Daniali
19101 Dellwood Drive
Edmonds, WA 98026
004180-000-024-00
Legal Description: Lot 24, Dellwood Village Volume 16, Page 93.
Since I live directly across the street from the mentioned party, 1 have been
concerned and curious about what was going on. So from my own observances,
and from conversations with my neighbors, I believe I have a. clear understanding
about what has -happened, and I am very upset and concerned.
I fully expect that the City of Edmonds will stand firm on their values of integrity
and act appropriately.
It is my understanding that under Ordinance Number 3294 ' a homeowner qualifies
for an accessory dwelling permit under the following circumstances:
1) To make it possible for adult children to provide care and support to a parent
or other relatives in need of assistance,
2) To provide increased security and companionship for homeowners,
so
3) To provide the opportunity for homeowners to gain the extra income
necessary to help meet the rising costs of homeownership, or
4) To provide for the care of disabled persons within their homes.
Plus, according to information provided on the City web site, the Danialis must
affirm to the City by affidavit that they occupy the home for more than six months
of the year. (bt!p://www.ci.edmonds/wa.us/ordinances/�rd3294.htm] 20.21.025 A.
1. "Affidavit" and 20.21.030 F. "Occupancy.")
I would like to submit the following valuable and verifiable information and
offer some questions for you to review and utilize in your decision -making
process.
I . There are indeed adult children living in the upper unit of 19 101
Dellwood Drive, however, these adult children are Ali Daniali, his wife
and their three children. I fail to see how this assists the legal
homeowners of record, Saeed and Mahnaz Daniali when public records
indicate their primary residence as: 7821 175hSt SW, Edmonds
(006792-000-005-00), a single family home assessed at $374,900. Do
homeowners living at this level of lifestyle qualify for financial
assistance under this City of Edmonds Ordinance?
2. Since Saeed and Mahnaz Daniali are not occupying 19101 Dellwood
Drive, does having their adult children rent this home provide increased
security and companionship?
3. Saeed Daniali, Ph.D., P.E.,; S.E., is employed as a facu Ity member of the
University of Washington Department of Construction Management. A
public records search shows that the Daniali family owns other real *
property in Snohomish County. These facts, to a rational person, seem to
disqualify the Dania lis as needing "extra income."
4. 1 have personally observed Mr. Danaili in the course. of many activities
on the property, and can verify without doubt that he has no visually
recognizable disability, and since they do not reside in the home located
at 19101 Dellwood Drive, this disqua ' lifies their permit application.
5. 1 have personally observed plumbing, and other contractors, drive up to
the residence, exit their vehicles and carry out work within and around
the residence.
6. 1 personally observed Mr. Daniali with the assistance from another party,
unload and move into the downstairs area of the residence, major kitchen
appliances such as ranges and refrigerators.
do
7. 1 have personally observed the downstairs renter, come and go from the
residence from a side door other that the main entrance door. And on two
separate occasions, I observed a total of five vehicles parked at the
residence at 6:00am, and by 10:00 all the vehicles had, left the property.
8. Since the "For Sale" sign was kicked down and drug into the bushes by
Mr. Daniali's son, I have never once seen Mr. Daniali spend a night Mi
the residence. Within several weeks of the sign coming down, I observed
as �&. Danaili helped to move his son and family into the residence, and
after that point, arrive nearly every everung and weekend hauling into the
residence numerous tools and building materials.
If the Daniali family has already received approval for an accessory dwelling
permit, then I wish to call to your attention that the conditions of such permit may
have expired under 20.21.060 C. of the same ordinance which states that "the
permit shall expire if the property owner ceases to reside in either the primary
residence or the accessory dwelling unit, the owner -occupied unit is rented..."
The upper unit is being rented by Saeed and Mahnaz Daniali ' 's son, Ali Daniali, his
wife, and their three children. The basement was transformed into a rental unit and
a tenant has already begun occupancy.
In addition, that certain deed of trust recorded under auditor's file number
2002207260.428 was recorded along with the 1-4 Family Assignment of Rents
Rider typically used for a non -owner occupied dwelling. On page 2 of this Rider,
paragraph F deletes the owner occupancy requirement under the terms of the loan,
which is viewed by the mortgage lender as Saeed and Mahnaz Daniali stating their'
intentions to purchase 19101 Dellwood Drive as a non -owner occupied investment
property -
Paragraph B on page 2 of that same Rider states that Saeed and Mahnaz Daniali
"shall not seek, agree to, or make a change in the. use of the property, or its zoning
classifications unless the Lender has agreed in writing to the change. Borrower
shall comply with all laws, ordinances, regulations, and requirements of any
governmental body applicable to the property." Granting an accessory dwelling
use permit without approval from this mortgage lender may trigger a default notice
investigation if the lender is notified of such.a permit.
do
Please make an inspection of the home, take a drive by Saeed and Mahnaz
Daniali's primary residence, and take a look at the 14 Family Rider, which
provides data stating that he purchased 19 101 Dellwood with non -owner occupied
intentions.
As a faculty member of the University of Washington Department of Construction
Management, I imagine that Saeed is more than aware of how city ordinances
work ' Due to his position within an institution of higher learning, does Saeed have
an even higher ethical duty of responsibility to the community in which he lives, as
well as a duty to facilitate role -model homeownership behavior to the students of
the University of Washington?
Very best regards,
Michael J. awes
Training and Special Projects Manager
FMC FoodTech Frigoscandia Equipment
9577 153dAve NE.
Redmond, WA 98052
425-867-6793,
mike.haw6s@fincti.com
Homeowner: 19102 Dellwood Drive -- 425-775-8396
40
From the desk of Allayne Schlicke
19021 Dellwood Drive Edmonds, WA 98026
206-931-2241
6 schlicke64firstam.com
January 24, 2003
City of Edmonds
Planning Division
121 5th Avenue North
Edmonds, WA 98020
RE: Accessory Dwelling Permit Application
19 101 Dellwood Drive, Edmonds, WA 98026
To Whom It May Concern, .
It has come to my attentionthe -following homeowner in the Dellwood
neighborhood has applied for an accessory dwelling permit:
Saeed and Mahnaz Daniali
19101 Dellwood Drive
Edmonds, WA 98026
004180-000-024-00
Legal Description: Lot 24, Dellwood Village Volume 16, Page 93.
It is my understanding that under Ordinance Number 3294, a homeowner qualifies
for an accessory dwelling permit under the following circumstances:
1) To make it possible for adult children to provide care and support to a parent
or other relatives in need of assistance,
2) To provide increased security and companionship for homeowners,
3) To provide the opportunity for homeowners to gain the extra income
necessary to help meet the rising costs of homeownership, or
4) To provide for the care of disabled persons within their homes.
Plus, according to information provided on the City web site, the Danialis must
affirm to the City by affidavit that they occupy the home for more than six months
of the year. 0=://www.ci.edmonds/wa.us/ordinances/ord3294.html 20.21.025 A.
"he.
1. "Affidavit" and 20.21.030 F. "Occupancy.")
I would like to submit the following valuable and verifiable information and
offer some questions for you to review and utilize in your decision -making
process.
I . There are indeed adult children living in the upper unit of 19101
Dellwood Drive, however, these adult children are Ali Daniali, his wife
and their three children. I fidl to see how this assists the legal
homeowners of record, Saeed and Mahnaz Daniali when public records
indicate their primary residence as: 7821 175th St SW, Edmonds
(006792-000-005-00), a single family home assessed at $374,900. Do
homeowners living at this level of lifestyle qua* for financial
assistance under this City of Edmonds Ordinance?
2. Since Saeed and Mahnaz Daniali are not occupying 19101 Dellwood.
Drive, does having their adult children rent this. home provide increased
security and companionship?
3. Saeed Daniali, Ph.D., P.E., S.E., is employed as a faculty member of the
University of Washington Department of Construction Management. A
public records search shows that the Daniali family owns other real
property in Snohomish County. These facts, to a rational person, seem to
disqualify the Danialis, as needing "extra income."
4. Most of the neighbors have not seen Saeed or Mahnaz Daniali, so we
would not know if either one of them has a visually recognizable .
disability, and since they do not reside in the home located at 19101
Dellwood Drive, this disqualifies their permit application.
If the Daniah family has already received approval for an accessory dwelling
permit, then I wish to call to your attention that the conditions of such permit may
have expired under 20.21.060 C. of the same ordinancewhich states that "'the
permit shall expire -if the property owner ceases to reside in either the primary
residence or the accessory dwelling unit, the owner -occupied unit is rented..."
The upper unit is beig rented by Saeed and Mahnaz Daniali's son; Ali Daniali, his
wife, and their three children. The basement was transformed into a rental unit and
a tenant has already begun. occupancy.
In addition, that certain deed of trust recorded under auditor's file number
2002207260428 was recorded along with the 1-4 Family Assignment of Rents
Rider typically used for a non -owner occupied dwelling. On page 2 of this Rider,
a . . I*
paragraph F deletes the owner occupancy requirement under the terms of the loan,
which is viewed by the mortgage lender as Saeed and Mahnaz Daniali stating their
intentions to purchase 19101 Dellwood Drive as a non -owner occupied investment
property.
Paragraph B on page 2 of that same Rider states that Saeed and Mahnaz Daniali
"shall not seek, agree to, or make a change in the use of the property, or its zoning
classifications unless the Lender has 'agreed in writing to the change. Borrower
shall comply with all laws, ordinances, regulations, and requirements of any
governmental body applicable to the property." Granting an accessory dwelling
use permit without approval from this mortgage lender may trigger a defitult notice
investigation if the lender is notified of such a permit.
Please make an inspection of the home, take a drive by Saeed and Mahnaz
Daniali's prirnary residence, and take a look at the 1-4 Family Rider, which
provides data stating that he purchased 19101 Dellwood with non -owner o ied
intentions. c
As a faculty member of the university of Washing ton Department of Constiuction'
Management I hinagmie that Saeed is more than aware of how city ordinances
work. Due to his position within an' institution -of higher learning, does Saeed have
an even higher ethical duty of responsibility to thi community in which he lives, as
well as a duty to facilitate role -model homeownership behavior to the students of
the University of Washington?
Very best regards,
C_
e Schfic
.Director of Education
First American Title and Escrow
21014"' Ave #800
Seattle, WA 98121
206-931-2241
ischlicke@firstam.com
Homeowner: 129021 Dellwood Drive
irroperty imm
Page I of I
7821 175th St Sw
Edmonds, WA 98026
Property Information
Owner(s) Saeed Danid
Property 780 175th St Sw
Edmonds, WA 9802s
Mailing Addr7821 175th St Sw
Edmonds WA 9M
ILegal BROOKVIEW BLK 000 D-00 LOT 5
Lot Number 005
Plat BkIPg
Characterhaft
Property Profile
Parcel # 006792-000405-00
Map Coord 455-A2; 04-27-07SE
Cerums Tract5O2.00
County Snohomish
Owner Phone
Use
Sk Year 198D
Bunt
Sq.
Fed
3522
Zoning
RS12 Lot Size
0 of units
Bedrooms
4 Bathrooms 3.5
Fireplace
2
#Rooms
Quality Good
Hleating -
Forced Air
Pool/spa
spa Air
Style
storms
1.00 Improvements
Parking
Attached Garage
Flood
Attributa
Concrete Foundation; Concrete Tile Roof Cover, Singl
Property Sale Information
Sale Date 10rMI We
Wq- Ft
$95.12
2nd Mtg.
sale - $335,000
Prim
Ist Loan
$300,000
Prior Sale AmL $228,000
DocNo. IM11030493
Loan Type Corry
Prior Sale DL 05/17/1985
Doe Type We" Deed
XforDate
IIA)3/1998
Prior Doc No. 198505170099
Seller Meyer Donald L & Unda D Lander
Phoenb( Svgs Bk Prior Doc Type Warranty Deed
3x Information
Imp Value
$2D7,9W
Exemption Homeowner
Land Value
$167,0W
Tax Year/Area 2002/0217
Total Value
$374,90D
Tax Value $374,9W
Tax Amt
$4,894.19
improved 55%
Infiormabon compiled from various sources and is deemed reliable but not guaranteed.
/os5plF�ropeityDetakasp?ID=12921704&state=WA&Count3r--Snohomigh APN=:006792-M1/24/2003
1-4(LAM D
nMjTf fjents)ER
THIS 1-4 FAMILY RIDERis made this 18TH ' ' day of JULY, 2002 . I
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or
Security Deed (the "Security Instrument") of die same date given by the undersigned (the "Borrower*) to
secure Borrower's Note toWZLLS FARGO BODO MORTGAGE, INC.
(the
"Wider") of the same date and covering the Property described in the Security Instrument and located at:
19101 DZLLWOOD DRIVS, EDMONDS, WA 98026
1-4 FAMILY COVENANTS.. In addition to the covenants and agreements made in the Security
Instrument. Borrower and Lender further covenant and agree as fbllows:
A. ADDITIONAL ]PROPERTY SUBJECT TO THE SECURffY U6TRUMENT. in addition to
the Property described in the Security Instrument, the following it= now or hereafter attached to the
Property to the extent they are fixtures are added to the Property description, and shall also constitute the
Property covered by die Security Instrument: building materials, appliances and goods of every nature
whatsoever now or hereafter located in, �on, or used, or intended to be used in connection with the
Property, including, but not limited to, those for the purposes of supplying or distributing heatin ,
cooliag, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and
access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves,
refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screm,
blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings,
all of which.. including replacements and additions thereto, shall be deemed to be and remain a part of ft
Property covered by the Security Instrument. All of the foregoing together with the Property described in
the Security Instrument (or the leasehold estate if the Security Instrument is on a leasebold) are referred to
in this 1-4 Family Rider and the Security Instrument as the "Property -
0479043
MULTISTATE 1- 4 FAMILY RIDER - Fannie Mae/Freddle Mac UNIFORM INSTRUMENT
Page 1 of 4 Form 3170 1 /01
(00-67R (0008) VMP MORTGAGE FORMS - (800)521-7291
2002072604?A
so 40-
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make
a change in the use of the. Property or its zoning classification, unless I cud has agreed in writing to do
change. Borrower shall comply with all laws, ordinances, regulations and requirements of any
governmental body applicable to the Property.
C. SMRDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien
inferior to the Security Instrument to be perfected against the Property without I=dees prior written
pennission.
D. RENT LOSS INSURANCE. Borrower shall mainWn insurance against real loss in addition to
the other hazard for which insurance is nV*W by Section 5.
E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted.
F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in I�Iwnting,
Section 6 concerning Borrower's occupancy of die Property is deleted.
G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to
Lender all leans of the Property and all security deposits made in cormection with leases of the Property.
Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to
execute new leases, in Lender's sole -discretion. As used in this paragraph G, the word "lease" shall
"sublease" if the Security Instrunient is on a leasehold.
H. ASSIGMENT OF RENTS; APFOINTKENT OF RECEIVER; LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and m==
("Rem") of the Property, regardless of to whom the Re= of the Property are payable. Borrower
authorizes Lender or Lendees agents to collect die Rem, and agrees that each tenant of the Property shall
pay the Rents to Lender or Lmxler's agents. However, Borrower shall receive the Rents until: (i) Lender
has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Leader has
given notice to the teriant(s) that the Rents are to be paid to Lmider or Lender's agent. 71us assignment of
Rents constitutes an absolute assignment and not an assignment for additional security only. .
If Lender gives notice of default to Borrower- (i) all Rents received by Borrower shall be held by
Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security
Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii)
CkG77 (0008)
P"o 2 of 4
200207260428
1nMa1*-_Z:;9D
Form 3170 1/01
so. 40
Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to lend or Lendees
agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents
collected by Lender or Lender's agents shall be applied first to the costs of taking control of and mamging
the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees,
premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and
other charges on die Property, and then to die sums secured by the Security Instrumm; (v) Lmder,
Lendees agents or any judicially appointed receiver shall be liable to account for only those Rents actually
received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage
the Property and collect the Rem and profits derived from the Property without any showing as to die
hadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and manascin the
Property and of collecting the Rem any funds expended by I end for such purposes shall become
indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. 1
Borrower represents and warrants that Borrower has not executed any prior assignment of die Rents
and has not performed. and will not perform,. any act that would prevent Lender from exercising; its nahts
11 dus paragraph. I
Lender, or I and 's agents or a judicially appointed receiver, shall not be required to enter upon. take
control of or maintain the Property befte or afier giving notice of default to Borrower However' Under,
or Lender t s age= or a Judicially appointed receiver, may do so at any time wlien a default ��. Any
application of Rem shall not cure or waive any default or invalidate any other ri& or remedy of Lender.
This assignment of Rem of the Property shall terminate when, all the sums secured by the Security
lamument am paid in full.
L CROSS-DE.FAULT PROVISION. Borrower's default or breach und any note or agreement in
which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of
the remedies permitted by the Security Insbuinew
Initial
67R (0008) - 46—�-
Page 3 of 4 Form 3170 1101
200207260428
*a,-
By S,2�N,�M BOTTOwCr acccpts and 29rccs to the tum and Provisions, contained m. this
1-4 Family Ridcr.
(SC4 (, xI-,e
-Borrower SAZZD DANMX -Bonrawa
I
(Ck57R (0008)
. I (SWO
-Bomma
(scat)
-Borrower
-Boffowcr
-Borrowa
(Scal)
-Bonvwcr -Bonower
Page 4 of 4
200207260428
Form 3170 1101
00
Cq
Cq
111ff11111M11111M1111
200207260428
07/26/2002 01:24 PM Snohomish
P.0019 RECORDED County
Return. To:
WELLS FARGO ROME MORTGAGE, INC.
3601 Kn=SOTA DR. SUITE 200
BLOOXXINGTON, NK 35435
Assessor's Parcel or Account Number: 00-4190-000-024-00
Abbreviated Legg Description; LOT 24,, DZLLWOOD VILLAGE V.16
[Include lot, block and plat or awbon, townshp &W rangel Full legal description located on page 3
Trustee: LAWYERS TITLE AGENCY OF NA
-[space Above This 1Jne For Recording Detal
DEED OF TRUST
30,�4p-a
RECOMED BY
�LAWYERS TITLE AGENCY
OF WASHINGTON
DEFINITIONS
Words used m multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security bisb-ument" means this document, which is daledJULY 18, 2002
together with all Riders to this document.
(B) "BOrrOWer" is XUXKZ DANIALI AND BASED DANIALI, WIFE AND HUSBAND
Borrower is the trustor under this Security Instrument. ,
(C) "Lendeel is WELLS FARGO ROME MORTGAGE, rAC.
0479043
WASKNOTON-Single Farridy-Fannis Mao/Freddie Mac UNIFORM INSTRUMENT
400-6(WA) (0012)
Page I of 15
VMP MORTGAGE FORMS
(800)521-7291
Form 3048 1/01
oft
Lender is a CORPORATION
organized and existing under the laws of n M STATZ OF CALIFOPIM
Lender's adel is P.O. BOX 5137, DIS XOnMS, xA 503065137
Lender is the beneficiary under this S=unty instrument.
(D) 'nNUStee" is LANYMM TXTLZ AGRNM OF WA
to
(E) "Note" means the promissory note signed by Borrower and dated JULY 18, 2002
The Note states that Borrower owes Lender oNx H=RxD sixTr vxvz THOUSAND AM 00/jL00
Dollars
(U.S. $****163,000.00 plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay die debt in full not later than AUGUST 01, 2032
(F) "PtOPerty" mum the Property that is described below under the heading 'Transfer of Rights in the
Property.
Q "Loan" means the debt evidenced by the Note, phLs interest, any prepayment charges and late charges
due nnd the Note, and all sums due under this Security Insaument, plus interest.
(H) "Riders" mean all Riders to this Security Instrument that are -executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable):
C9A4justable Rate Rider
Balloon' Rider
VA Rider
Condominium Rider �der
Planned Unit Developmen Ri
Biweekly Payment Rider
n)nd Home Rid"
_4 Family Rider
Other(s) [specify)
(1) "Applicable Law" means all controlling applicable federal, state and local statntes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non,Vpealable judicial opinions.
Q) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or simila organization.
(IQ ITIectronk Funds Trander" means any transfer of funds, other than a amissction originated by
check, draft, or similar paper instrurnent� which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated telier
machine tramctions, transfers initiated by telephone, wire transfers, and automated clearinghouse
ftmfers
W 'Tzcrow Item" mea those items that are described in Section 3.
(M) Wiscellaneous Proceeds" mean any compensation, settlement, award Of damages, or proceeds paid
by any third party (other than insurance proceeds paid, under the coverages described in Section 5) fbr: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in fieu of condemnation; or (iv) misrepresentations of, or omissions as to, die
value and/or condition of the Property.
(N) "Mortgage Insurunce" —nq inwrAnce protecting Lender against the nonpayment of, or de&uk on,
the Lam
(0) "Periodic PhymenO -can the regularly scheduled amount due fbr (i) principal and interest under the
Now, plus (ji) any.amounts under Section 3 of this Security Instrument.
4006(WA) 10012)
Page 2 of 15
200207260428
Form 3048 1101
40 "0
(P) "RESPA" m-rus the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the sa subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a."federally related mortgage
loan" under RESPA.
(Q) "Successor In Interest of Borrower" means any party that has taken tide to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrumeat.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and Q the performance of Borrower's covenants and agreements under this
Security Instrument and the Note For this purpose, Borrower irrevocably grants and conveys to
Trustee, in trust, with power of sale, the following described property located in the
COUNTY ofSNOHOXISH
rrype of Rwadmg Junsdcuml [Nanic of Recordws Jurwdxtmj
LOT 24, DXLLNOOD VILLAG21 ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 26 OF PLATS, PAGE 93, RECORDS OF SNoRoxxsx couNTy, WASHINGTON,
EXCEPT THAT PORTION THEREOF CONVEYED To CITY OF EDMONDS BY DEED RECORDED
UNDER RECORDING NUMBER 2176570.
THIS IS A PURCHASE MONEY SECURITY INSTRUMENT.
TAX STATEMENTS SHOULD BE SENT TOs WELLS FARGO HOME MORTGAGE, INC., P.O.
BOX 5137, DES NOINES, 1A 50306SI37
Parcel M Number: 00-4100-000-024-00
19101 DZLLNOOD DRIVE
EDMONDS
("Property Address"):
which currently has the address of
[city] Washington 98026 r4 c.&I
TOGETHER WITH all the improvements now or hereafter erected on the property, aW all
casements, appurtenances, and fixtures now or hereafter a part of the property. All replacAmew and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property 0
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property is unencumbered, except for enctunbranm
of record. Borrower warrants and will defend generally die tide to the Property against all claims and
demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-mufbrm
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
Page 3 of 15
200.207260428
Form 3048 1101
UNIFORM COVENANTS. Borrower and Lmida conmant and agree as follows:
1. Payment.of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay fiinds for Escrow Items
pun=nt to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrumetit be made in one or more of the following lbrins, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal -agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial Payment if the payment or partial payments are insufficient to
bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan
cunvnt� without waiver of any rights hereunder or prejudice to its rights to refim such payment or partial
payments in the f6ture, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interm on unapplied funds. Lender may hold such unapplied hinds until Borrower rna payment 'to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall dith, er apply
such fimds or return them to Borrower. If not applied earlier, such fimds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now of in the future against Lender shall relieve Borrower from making payments d6e under
the Note and this Sectmty Instrument or performing the covenants and agreements secured by this Security
Instrtiment.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
&hall be applied to cad Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other sunDunt, due under this Security Instrument, and
then to redLice the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid in hill. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the samoun . , of the Periodic Payments
3. Funds for Escrow Items. Borrower shall pay to Lenda on the day Periodic Payments an due
under the Note, until the Note is paid in full, a sum (the nFunds*) to provide for payment of amounts due
for- (a) taxes and assessments and other items which can attain priority over this Security Instrunient as a
hen or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
.if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
premiums in accordance with the provisions of Section 10. These items are called "Escrow
Item. " At origination or at any dine during the term of die Loan, Lender may require that Community
4at-81WA) (0012) Page 1 4 of 15 Form 3048. 1/01
200207260428
ft . to
Association Dues, Fees, and Assessme=, if any, be escrowed by Borrower, and such duo, fen and
assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Item. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Leader and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "Covenant and agreementm
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated und Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Item at any time by a notice given in
accordance with Section 15 and, upon sucli revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amoun (a) sufficient to* permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amoun a letider can
require under RESPA., Lender shall estimate the amount of Funds due on the basis of current data and
reasonable.estimates of expenditures of fiture Escrow Item or otherwise in accordance with Applicable
Law.
72te Ponds shall be held in an institution whose deposits are insured by a federal' agency,
instrumentality, or entity (inchWing Lender, if Lender is an institution whose deposits are so in '" or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lmxler pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Boirower.and Lender, can agree in writing, however, that interest
shall be paid on the Funds. Leader shall give to Borrower, without charge, an annuall accounting of the
Funds as required by RESPA
if there is a surplus of Funds held in escrow, as defined under RESPA, L ender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If dim is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly ztfkmd
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall Pay all tam, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, lemehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees. and Assmsments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the ma provided in Section 3.
(00-6(WA) (0012) Page 5 of 1 a - F.orm 3048 1101
200207260428
am' 040
Borrower shall promptly discharge any hen* which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender. but only so long as Borrower is performing such agreemen4 (b) contests the Hen in good kith
by, or defends against enforcement of the Hen in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceechngs are pending. but only until such proceedings
am concluded; or W secures from the holder of the lien an agreement satish=zy to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4
Lender may require Borrower to pay a one-time: charge for a real estate tax verification and/or
reporting service used by Wider in connection with this Loan.
5. Property lwurance. Borrower shall keep the improvements now existing or hereafter crected on
the Property insured against loss by fire, hazard included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurarice.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Lm. The insurance carrier providing the insurance shall be chosen by Borrower sutdcct to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood
determination, certification and tracift services; or (b) a one-time charge for flood zone determination
and.certification services and subsequent charges each time remappings or sinvisk changes occir which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Managcnxmt Agency in connection with the
review of any flood zone determination.resulting from an objection by Borrower.
If Borrower fails to milintain any of the coverages described above, Lender may obtain, insurance
coverage, at I end 's option and Borrower's expense Lender is und no obligation to purchase any
particular type- or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser, coverage than was previously w effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significandy exceed die cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender und this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from,
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall nanle Lender as
mortgagee and/or as an additional loss payee. Lender shall have.the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a staridard mortgage clause and
shall narm I and as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. I
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lerida, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
OM -G(WAI (0012) Page 6 of 15 Fom 3048 1101
,D
200207260428
hold such insurance proceeds until Lender has had an opportunity to inspect sucA Property to ensure the
work has been completed to Lmider's satisfaction, provided that such inspection shall be undatakm
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or CarmAP on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically -feasible or Lender's security would be lessened, the -
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excm, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the'
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30.day
period will begin when the notice is given. In either event, or if Lender acquires the property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Bormwer,s rights to any insurme
proceeds in an -amount not to exceed the amounts unpaid under die Note or " Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering die Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to rep* or restore the Pmperty or
to pay amounts unpaid under ft. Note or this Security Instrument, whether or not theii due.
6. Occupancy. Borrower shall occupy, establish and use the Property as Borrowees pfincipat
residence within 60 days after the execution of this. Tw� Instrument and shall continue to occupy th6
Property as Borrower's principal residence for at least one year after the date of occupancy, miless Lender
otherwise agrees in writing, which consent shall not be unrewwnably withheld, or unless extenuating
circimistances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower gw not
destroy, damage or impair ft Property, allow ft Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall. maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid fiirther deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible fbr rep*iDg or restoring the Property only if Lmder has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. if the insurance or condemnation proceeds are not sufficient.
to repair or restore the Property, Borrower is not relieved -of Borrower's obligation for thecompletion, of
such repair or restoration.
Leader or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of ft improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection speciffing such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Ioan applic4ition
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially Wsc, misleading, or inaccurate information or statements to I =
(or failed to provide Lender with. material information) in connection with the Loan. Material
representations include,but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
404NWA) (0012) Page 7 of IS Form 3048 1101
20.0207260428
4P a"
9. Piro tection of Lender's Intemst In the Property and Rights Under this Security histrurnent. if
(a) Borrower fails to perform the covenants and agreements contained in this Security instrument, (b) *=
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights uncler
this Security Instrumerit (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture. for
enforcement of a lien which may 1 attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights imad this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but am not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' few to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taidug any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. Thew amounts shall bear interest at die Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
if this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. if Borrower acquires fee tide to the Property, the leasehold and the fee tide shall not merie un,
Lender agrees to the merger in vnidn. i�
10. Mortpge Insurance. If Lender required Mortgage Insurance as a condition of makin the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effem If, for an'y' reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay die premiums required to obtain
coverage substantially equivalent to. the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage insurance previously in effect, from an alternate
mortgage insurer selected by Lender If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain dim
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-zefundable, notwithstanding the fact that the Loan is ultima ly paid in fail, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and I end requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement fbr Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the LA= as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
am on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agree . Then agreements may require the mortgage insurer to make payments using any son=
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
insurance premiums).
at-S(WA) (0012) Page a of 15 Form 3048 1/01
200207260428
40 40
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any remstum,
any other entity, or any affilhite of any of the foregoing, may receive (directly or indirectly) amoun that
derive from (or might be characterized as) a -portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mDrtgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other ternLs of the Loan. Such agreements will not increase the amount
BorTower will owe for Mortgage Insurance, and they will not endde Borrower to any refund.
(b) Any such aVvements will not affect the rights Borrower has - If any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
way include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds am hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
I end 's sadsfiwtion, provided that such inspection shall be undertaken promptly- Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the I work. is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings' on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Imstrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether ornot then due, with
the excess, if any, paid to Borrower.
in the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following frAction: (a) the total amount of the sums secured immediately befbre the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately
before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction. or loss in value, unless
Borrower and Lender.otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sunis
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim fbr damages,
Borrower fidIs to respond to Lender within 30 days after the date the notice is giveii, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of die Property or to the
sums secured by this Security Instrument, whether or not then due "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
-G(WA) (0012)
Page 9 of 15 Form 3048 1101
200207260428
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Undees
interest in the Property or rights under this Security Instrument. Borro!er can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of die Property or other material
impairment of Under's interest in die Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbeamnce By Lender Not a Waiver. Extension of the time for
payment or modificatio of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of. any demand made by the original
Borrower or any Successors in Interest of Borrower Any forbearance by Lender in exercising any right or
remedy including. widiout limitation, Under's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, sliall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signerr, Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-ugaing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of ft Security Instrument, (b) is not personally obligated to pay the sunks secured by diii Security
Instrument; and (c) agrees that Under and any other Borrower can agree to extend, modify, f6rbear or
maim any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is aM ved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Inwiintent unless Lender agrees to such release in
wndng� The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Undff may charge Borrower fees for services performed in connection with
Borrowees default, for die purpose of protecting Lender's interest in the Property and fights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, die absence of express authority in this Security Instrument to charge a specific.
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that we expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted linuts, thm- (a) any such loan charge shall be reduced by die amount necessary to reduce die
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a rcfbnd reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrtmient shall be domed to
have been given to Borrower when mailed by first class mail or when actually delivered to'Borrowees
(Ift4MA) (0012) Page 10 of 15 Form 3048 1101
200207260428
notice address if sent by other —m. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure fbr reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located All rights and
obligations contained in (his Security Instrument are subject to any requirements Q limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract in
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effba without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and inchide
corresponding neuter words or words of the feminine gender-, (b) words in the singular SW mean and
inchide the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action. I
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Prop", including, but n6t limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installutient sales contract or
escrow agminent, the intent of which is the transfer of title by Borrower at a fin= date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferr4 without Landees prior
written comma, Lender may require immediate payment in full of all sums secured by this Security
instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lmder exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without finther notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest oh -(a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those
conditions are that Borrower: (a) pays Lender all sums which then would be due * under this Security
Instrurumit and die Note as if no acceleration had occurred-. (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for'the
purpose of protecting Lender's interest in die Property and rights under this Security Instrument� and (d)
takes such action as Lender may. reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Insaument, shall continue unchan ad. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
40,-atwAi (ooi2) Page 11 of 15 Form 3048 1101
200207260428
409 so
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of LA= Servicer, NotIce of Grievance. The Note or a partial interea, in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in die entity (known as the "LA= Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage Ioan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the -qdd to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transtned to a successor Loan Serviccr and are not
assumed by the Note purchaser unless otherwisei provided by the Note purchaser.
Neither Borrower nor Lender may commc=, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (w,ith such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. if
Applicable Law provides a time period which mum elapse before certain action can be talcm: that time
period will be deemed to be reasonable fbr purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20
21. Hazardous Substances. Asused in this Section 21: (a) "Hazardous Subsbuices" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances;, gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containin asbestos or formaldehyde, and radioactive materials;
(b) "Environmental LAW mealn federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environri-ental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" nimns a condition that can cause, contribute to, or otherwise trigger an Environmental
Oea
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting die Property (a) that is in vio ' Won of any Ewiironmentml
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences Shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substaiices that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,lawadt
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
(R.G(WA) (0012) Page 12 of 15 Form 3048 1101
200207260428
40 . 40.
release of any Hazardous Substance, and (c) any condition caused by the presence, use or =lease of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority. or any private party, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleamip.
NON -UNIFORM COVENANTS. Borrower and Lender Rather covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to
acceleration under Section 19 unless Applicable Law provides otherwise). Ile notice shall specify: (a)
the default; (b) the action required to cum the default; (c) a date, not less than 30 days from the date
the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the
default on or befom the date specified In the notice may result In acceleration of the sums secured by
this Security Instrument and sale of the Property at public auction at a date not less than 120 days in
the future. The notice shall further. Inform Borrower of the right to reinstate after acceleration, the
right to bring a court action to assest the non-existence of a default or any other defense of Borrower
to acceleration and sale, and any other matters required to be Included in the notice by Applicable
Law. N the default Is not cured on or before the date specified In the notice, Lender at Its option,
may requim immediate payment In full of all sum secured by this Security Instrument without
further demand and may Invoke the power of sale and/or any other remedies permitted by
Applicable Law. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies
provided In this Section 22, including, but not limited to, reasonable attorneys' fees and costs of tide
evidence.
If Lender invokes- the power of sale, Lender shall give written notice to Trustee of the
occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee
and Leader shall take such action regarding notice of sale and shall give such notices to Borrower
and to other persons as Applicable Law may require. After the time required by Applicable Law and
after publication of the notice of sale, Trustee, without deumd on Borrower, shall sell the Property
at public auction to the highest bidder at the time and place and under the term designated in the
notice of side In one or, more parcels and In any order Trustee determines. Trimtee may postpone sale
of the Property for a period or periods permitted by Applicable Law by public announcement at the
time and. place fixed In the notice of sale, Lender or its designee may purchase the Property at any
sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any
covenant or warranty, expressed or Implied. The recitals In the TrustWs deed shall be prima fade
evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in
the following order. (a) to all expenses of the sale, Including, but not limited to, reasonable Trustee?s
and attorneys' fees-, (h) to all sums secured by this Security Instrument; and (c) any excess to the
person or persons legally entitled to It or to the clerk of the superior court of the county In which the
sale took place.
23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall
request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes
evidencing debt secured by this Security lustrument to Trustee. Trustee shall reconvey the Property
.without warranty to the person or persons legally entitled to it. Such person or persons shall pay any
recordation costs and the Trustee's fee for preparing the reconveyance.
24. Substitute Trustee. In accordance with Applicable Law, Ltmder may from time to time appoint
a successor trustee to any Trustee appointed hereunder who has ceased to act. Wiffiout conveyance of the
Property, the successor trustee shall succeed to a the tide, power and duties conferred upon 7hLsw
herein and by Applicable Law.
404(WA)(0012)
0 Page 13 of 15 Form 3048 1101
200207260428
4" 40
25. Use of Piroperty. The property is not used principally for agricultural purposes.
26. Attorneys' Fee& Lender shall be entitled to recover its remnable attorneys' f�es and costs in
any action or proceeding to consuue or enforce any term of this Security instrument. The term "attorneys,
fees,* whenever used in this Security Instrunzent, shall include without limitation attorneys, fees incurred
byLender in any bankruptcy pmeoding or on appeal.
ORAL AGREEMENTS OR ORAL COMMIMWENTS TO LOAN MONEY, ExTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW.
BY SIGNING BELOW, Borrower accepts and agrees to the tffm yd.covenants contained in this
Security Instrument and in any Rider executed by Borrower and recor",(vith it.
Witnesses:
- -- — --------
XMMZ I)ANVMX -Bomma
(Seal)
SAZZD DANXALX -Bwower
(Sul) (Sul)
-Bonvwer Boff9wer
(Sao (Seal)
Bonower. -Dommer
(Sed) (Seal)
-Bonowg -Borrower
ck-emm P"o 14 of 15 Form 30" 1101
200207260428
40.
fto
STATE OF WASHINGTON
County of SNOKOKXSR
On this day personally appeared before me MAMIAZ DANIALI . AND SARED DANXALI
to me known to be the individual(s) described in and who executed the within and foregoing instrument,
and acirnowledsed that hetsheithey signed the same as his/her/dwir ftee and voluntary act and deed, for fit
uses and purposes therein mentioned.
GWEN under my hand and official seal this day of
CL-S(WA) (0012)
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Page 15 of 15
20020726-0428'
FWM 3048 1101
April 14 2003
City of Edmonds Engineering\Planning Commission
121 51h Ave.
Edmonds, WA 98026
Attn: Star Campbell
RE: Letter of Opposition for Application of ADU Permit at 19102 Dellwood Drive
This letter is just a formal notice of my objection to the application for an ADU at 19102
Dellwood Drive. I have made my opinions well known to the City of Edmonds Planning
Division as well as the Mayor Haakenson. My neighbors and I even had a personal
meeting with the mayor to let him know of our stand on this zoning issue.
My neighbors and I are all very aware that the house has been remodeled and is already
in our opinions, a two -unit rental house. The homeowner claims it is his cousin living
downstairs, but we have very large doubts about this. I have never seen any interaction
between the two tenants, and thus feel they are not family related.
I had the opportunity to speak with you, as well as Mike Theis January 28th, and feel I
understand the codes and ordinances regarding ADUs. According to ordinance # 3294, 1
do not believe this homeowner qualifies for any of the four points listed in that
ordinance. I also question if the homeowner is aware that if he does obtain an ADU
permit, he is required to sign an Affidavit stating he will be required to occupy the home
for a minimum of six months of the year. That is something that we as homeowners will
have to prove after the fact, but with the simple installation of a time-lapse video
recorder, will not be an, issue.
But there are other issues that must be addressed if the ADU is granted, such as proper
and adequate parking spaces. Also, did the owner ever get granted the building permits,
and if so, has the home been inspected by the proper officials. There is also an issue on
the mortgage 1-4 Family Assignment of Rents Rider, about the fact that the homeowners
intentions to purchase was as a "'Non -Owner Occupied Investment Property". I don't
know how the city interprets this, but this sounds like a rental property purchase to me.
There are also statements in the mortgage rider that bower "Shall not seek, agree to, or
make a change in the use of the property, or its zoning classification unless the lender
has agreed in writing to the change. It also states, ""Borrower shall comply with all laws
ordinances, regulations, and requirements of any governmental body applicable to the
property. It is obvious to me, and should also be to the city, that he has on several
occasions, tried to circumvent the codes and ordinances he was required to abide by.
Then there is the issue ' of how the property is beginning to look. Myself, my wife and
also our neighbors clearly see a lack of pride in ownership at this property, which is not
well received by any of us. There is continual parking on the lawns because of the lack
of proper parking' space. There are cabinets and construction debris lying in the back
that has been there since the construction started. There are used appliances and piles
of debris and shrubbery stack up all over the front yard. Nearly every week, the garbage
is over flowing two or three days before the pick up, and thus we get to see piles of
plastic garbage bags stacked up at the curb. As of this morning' the garbage is already
overflowing the tote. Last week I think some animals got into the plastic bags as there
was trash strewn up and down the street the next morning. This is something my
neighbors and I are very disturbed about, the total lack of pride in ownership
Based on the above facts and the looks of the property already, I believe the Application
for an ADU Permit is just another ploy by Mr. Daniali to manipulate the system, and
eventually turn this into the "'Rental Investment Property" which was identified in the
mortgage agreement.
I certainly hope the Edmonds Planning Commission denies this ADU Permit and puts this
issue to bed. It is quite obvious that everyone in the Dellwood Neighborhood except for
Mr. Denial, are against this Application for ADU Permit. If it is granted there will be more
public outcry,about this, as both my neighbors and myself bought homes in this
neighborhood with the understanding it was a single-family development, and that is
how we,expect it to remain.
Kind Regard
Michael 3. Hawes
19102 DellWood Drive
mike.hawes@fmcti.com
a
a
RECEIVED
April 15, 2003 0
APR 15 2003
City of Edmonds, Building Department DEVELOPMENT SERVICES
1215" Avenue North
Edmonds, WA 98020
Re: Application for Accessory Dwelling Unit for 19101 Dellwood Drive.
To Whom It May Concern:
I will be brief I do not want 19101 Dellwood Drive to be granted a permit
for an ADU. Out-heighb6rh6od,, Dellwood Village, is comprised of Single
Family Dwellings and to allow an ADU will compromise the charm and
character of this neighborhood.
The owner of 19101 Dellwood Drive, Saeed Daniali, has displayed
arrogant disregard for critefia dhd pr6dedurds to construct an ADU as note, d
below:
If you review 20.21.000, you will find that he does not meet any of
i -
the purposes to establish additional living quarters within our Single -
Family Residential Neighborhood.
Section 20.21.025 states the property owner must occupy the main
building or the ADU for six months of the year. Saeed Daniali does
not and has not occupied either. If you have a signed affidavit stating
he does occupy the main building or ADU, then Saeed has committed
deliberate -deception perpetrated for unlawful or unfair gain, i.e. fraud.
Simply put, Edmonds City Codes state in very clear and precise language
that 19101 Dellwood Drive does not meet the criteria to establish an ADU;
e el
r
a s P
mes Philbrick
19029 Ddllwb6d Drive
Edmonds WA 98026
a
40
April 15, 2003
City of Edmonds, Building Department
121 5h Avenue North
Edmonds, WA 98020
Re: Application for Accessory DwellingU.nit for 19101 Dellwood Drive.
To Whom It May Concern:
Based on Edmonds Zoning Codes, the residence listed above should not be
granted an ADU permit. The owner's inability to comply with Section
20.21.000 and Section 20.21.025 are only two examples.
My other concerns regard the appearance of the ADU and how that could
affect my property value. Because of the owner's disregard for our building
code, he has already constructed the ADU and has it occupied. The property
does not have adequate parking so the tenant must park on the street (as do
the tenants guests). If the homeowner were to comply with code, then it
would-be necessary to build off street parking which will basically turn his
front yard into a parking lot. This is unattractive and does not conform to
the spirit of a Single Family Dwelling neighborhood.
The property is not maintained. There is debris left over from October's
construction outside the ADU's door (including an old tire) a s well as debris
in the back yard. There is an old washer and dryer in the driveway. Adding
occupants to this "home" has and will have a negative affect on the
appearance, thus the concern for my property value.
Appearances aside, the fact that the owner does not comply with current
zoning codes should be enough to prevent the approval of the ADU permit.
Sincerely,
C)Laura Philbrick
19029 Dellwood Drive
Edmonds, WA 98026
a
40
Edmonds Community Development Code
Chapter 21.25
"E" TERMS
Sections:
21.25.010. Easement.
21.25 * 020 Equipment shelter or cabinet.
21.25.100 Expressive dance.
21.25.010 Easement.
. Land which has specific air, surface, or sub-
surface rights conveyed for use by an entity
other than the owner of the subject property or
to benefit some property other than the subject
property. [Ord. 2924 § 1, 1993].
21.25.020 Equipment shelter or cabinet.
Equipment shelter or cabinet is a room, cab-
inet or building used to house equipment for
utility or service providers (see Title 22, Plates
I — 4). [Ord. 3099 § 6, 1996].
21.25.100 Expressive dance.
Expressiv - e dance means any dance which,
when considered in the context of the entire
performance, constitutes an expression of art,
theme, story or ideas, but excluding any dance
such as, but not limited to, common barroom -
type topless dancing which, when considered
in the context of the entire performance, is pre-
sented primarily as a means of displaying
nudity as a sales device or for other commer-
cial exploitation without substantial expres-
sion of theme, story or ideas, and the conduct
appeals to the prurient interest, depicts sexual
conduct in a patently offensive way and lacks
serious literary, artistic, political or scientific
value. [Ord. 3117 § 8, 1996].
21.30.010
Chapter 21.30
"F" TERMS
Sections:
21.30.010 Families.
21.30.020 Fence.
21.30.030 Flag lot.
21.30.035 Float, recreational.
21.30.040 Floor area.
21.30.050 Formal subdivision.
21.30.060 Foster ho me.
21.30.070 Fraternity.
21.30.080 Repealed.
21.30.010 Families.
A. Family means individuals consisting of
two or more persons related by genetics, adop-
tion, or marriage, or a group of five or fewer
persons who are not related by genetics, adop-
tion, or marriage and none of whom are wards
of the court unless such. wards are related by
genetics, adoption, or marriage to all of the
members of such group living In a dwelling
unit.
B. The term "family" shall include:
1. State licensed adult family homes
required to be recognized as residential use
pursuant to RCW 70.128.180;
2. State licensed foster family homes
and group care facilities as defined in RCW
74.15.180, subject to exclusion C below;
3. Group homes for the disabled required
to be accommodated as resid ' ential uses pursu-
ant to the Fair Housing Act amendments as the
same exists or is hereafter amended.
C. The term "family" shall exclude individ-
uals residing in halfway houses, crisis residen-
tial centers as defined in RCW 74.15.020(3)(g),
group homes licensed forjuvenile offenders, or
other facilities, whether or not licensed,by the
state, where individuals are incarcerated or oth-
erwise required to reside pursuant to court
order under the supervision of paid staff and
personnel. [Ord. 3184 § 1, 1998].
21-9 1
1 Aftachment 8
I
ACCESSORY DWELLING UNIT AFFIDAVIT
On my oath, I certify that I reside at Yllel Edmonds, Washington, in
the primary or accessory dwelling unit for m- ore -Man six months of every year.
Assessor's Parcel Number: zz
STATE Of WASHINGTON)
COUNTY OF SNOHOMISH)
Subscribed and sworn to before me this Ic I day of
a� &AAA,, ANT14OW R. SCARPELLI
F Notary Public in and for the State of Was OF WASHINGTON
WXANTIMFN� EXPIRES- 5129/05
sidingat ntMqjL V
ADUAMDAM.DW
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