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20810 76TH AVE W (2).PDFof Yl Cj 7 (�r - CITY.of EDMONDS: Civic Center - Edmorids, Washington 98020 Telephone (206) 775-2525 Building Department First Federal Savings & Loan James E. Soley 1-1732 1900 3rd Avenue Seattle -,:Washington Dear Sirs:� Re: 20 Unit Apartment 20810-76th Ave. W. (RML) It has come to the attention of this department that,a building and zoning,code violation exists at the above address,,specifically that two (2) additional living units have been added to.the buildings...'.. Building Permit #680178 was issued by this department on April 29,� 1968.,,,for,.thetl.ponstrup,�lion: of,,a:. �,?,,,,u it. apartrr ient building,at..the d e above ad r s Without a per�it and in violation of City Codes two (2)_ additloniai living units have been incorporated into the structures, through remodelling of space indicated as "recreation room" into living quarters. 0 The Zoning. Code section�12.­13,.,130, at time f'permit, issuance required the, f ollowing land area: ls't unit 2606 sq. ft. 2600 sq. ft. each additional unit 200b s ft., 19 X`,2000 -38000�sq. �.ft. total land area required 40600 sq. ft. The total land area available as shown on th6­ap_provedPP1ant!1i,'was' 41,483 square feet, a.surpius of 88�*square feet. Therefore in�- sufficient land area was.available for additional units. d ,,6r':,'�1ectri 'al, pe'rm�lts,�have been,, i Noi;buil ing c s,�U`ued for,bonversion;,`;i 'r"e' , t f, cre t'i n,rooms to apartment use. 0 a, Q. '0 4 M Oak. Aak, First Federal Savings & Loan Page 2 No additional water or sewer service charges are being billed by the City for additional units. You are hereby directed to take immediate action to correct this violation of Ordinance 1074. Failina evidence of your intentions within ten (10) days the City intends to institute legal action to abate the violation. HMW/ae cc: planning dept. Very truly yours, EDMONDS BUILDING DEPA Harry M. Whitcutt Building Official Great Northwest Federal Savings & Loan Association 1900 Third Avenue Seattle, Washington 98101 (206) 622-0746 May 8, 1974 CITY OF EDMONDS Building Department Civic Center Edmonds., Washington 98020 Attention: Harry W. Whitcutt, Building Official Gentlemen: Some time ago, Mr. Whitcutt wrote a letter to James E. Soley, our loan #11165, concerning a zoning violation pertaining to his 20 unit apartment house on 76th Ave. West. Looking through our file, I do not see any written evidence that he complied with your request. Presumably he has; however, any additional documentation you can give us on this matter would be greatly appreciated by US. A copy of your letter is attached giving full detail. Thank you for your assistance. Cord* ly yo Frank Shepherd Assistant Vice President Branch Manager P.S. If you have a survey or sketch of the site we would appreciate a copy. Formerly First Federal Savings and Lifetime Federal Savings Offices: Bremerton, Seattle. Mercer Island, Bainbridge Island, Poulsbo, Vashon Island, Tacoma, Sumner, Westgate, Fircrest -7j� /-/* ,�00/a 7 # FEB -3 v, 40 AUOIT�G.i% Ic Y, DEPUTY---- ..Oe�toe 4e6� DECLARATION OF RESTRICTIVE COVENANr V WHEREAS, *70,0-J �S11L)kQ1:E lt"Csl-be-S are the owners of the following described real e�t--atein the City of Edmonds, to wit: WHEREAS, the above named owners are desirous of imposing a restrictive covenant upon said premises in compliance with Section 19.00.040 of the Edmonds Community Development Code. WITNESSETH: that for and in consideration of the premises, the above named owners do hereby declare and grant to the City of Edmonds as Grantee the following restrictive covenant, to wit: That, at the time of the execution of this Covenant, the Grantors have agreed, or the Edmonds Community Development Code provides, that the maximum number of units on the subject property shall be limited to no more than 4-2- units. The North half of the following described tract: The West half of the Northwest , quarter of the Northeast quarter of the Northeast quarter of Section 30, Township 27 North, Range 4 East, W.M.; EXCEPT the South 2 acres thereof; and EXCEPT the North 30 feet thereof for County Road; and EXCEPT the West 30 feet thereof as conveyed to City of Edmonds by Quit Claim Deeds recorded under Auditor's File Nos. 1903004 and 1903003, records of Snohomish County, Washington. t ". V- qq 87020901 VOL. 2030?AfiEO497 0 0 Said covenant shall be binding upon all present and future owners of said real estate and their heirs, successors and assigns. DATED this 'L(.-n4 day of �At,10A-e-� _, 19 9-7 IQ", -,�J 6-3 Grantor 0 Grantor STATE OF WASHINGTON) ) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that —�OOGk--AS M DE-CJ AIK- signed this instrument and acknowledged it to be to (his/J*@�) free and voluntary act for the uses and purposes mentioned in this instrument. Dated 0 Signatur6/ f Notary Pub ic onle?&"j (Seal or stamp) Title A"— qT My appointm t expires_ U THIS DOCUMENT MUST BE RECORDED WITH THE SNOHOMISH COUNTY AUDITOR VOL. 2030PAGE0498 87o2090135 CITY OF EDMONDS 250 5th AVE. N. * EDMONDS, WASHINGTON 98020 * (206) 771-3202 COMMUNITY SERVICES February 2, 1987 Town Squire Associates 1206 8th Ave. S. Edmonds, WA 98020 Dear Property Owner, LARRY S. NAUGHTEN MAYOR PETER E. HAHN DIRECTOR Thank you for promptly completing and notarizing the restrictive covenant for 20819 76th Ave. W. as we requested on January 9, 1987. Unfortunately, Section 19.00.040 of the Edmonds Community Development Code calls for the restrictive covenant to be recorded with the Snohomish County Auditor. A copy of the code section is enclosed. Our information from the Auditor's office is that the recording fee is approximately $6.00. The covenant you sent us is also enclosed. Please either mail or take the covenant to the Auditor's office for recording. Please also note that the copy of the covenant you send us should include the Auditor's recording number. Once again, we appreciate your prompt attention to this matter. If you have any questions, please call me at 771-3202. /' , JjJ IIJOI 16,si ncerely Leigh Francis .Code Enforcement Technician Enclosures PUBLIC WORKS 0 PLANNING 9 PARKS AND RECREATION 0 ENGINEERING 1;0 September 12, 1973 Cornell Stewart & Associates 2408 - 10th Avenue East Seattle, Washington 98102 Dear Mr. Stewart: Re: 20 Unit Apartment-#&70fiff- 20 Unit Apartment #680178 This is a letter of confirmation concerning the decisions made during our meeting of September 11, 1973, in the city hall annex. Present at the meeting with the two of us were Mr. James Soley; William Cree and City Planner Joe Wallis. It was mutually decided by all present that the date of November,�,19 1973, would be an acceptable deadline for you to present a proposal to be considered by the city staff. Hopefully, this will be toward making the buildings comply with the zoning codes of the City of Edmonds. I sincerely appreciate your cooperation in this matter and if you have any further questions please do not hesitate to call this office. Very truly yours, EDMONDS BUILDING DEPARTMENT Perry B. Spanfelner Building Inspector PBS/ae E;Q E;-.3 First Federal Savings & Loan James E. Soley 1-1732 1900 - 3rd Avenue Seattle, Washington Dear Sirs: September 4, 1973 Re: 20 Unit Apartment 20810-76th Ave. W. (RML) It has come to the attention of this department that a building and zoning code violation exists at the above address, specifically that two (2) additional living units have been added to the buildings. Building Permit #680178 was issued by this department on April 29, 1968 for the construction of a 20 unit apartment building at the above address. Without a permit and in violation of City Codes two (2) additional living units have been incorporated into the structures, through remodelling of space indicated as "recreation room" into living quarters. The Zoning Code, section 12.13.130, at time of permit issuance required the following land area: ist unit 2600 sq. ft. 2600 sq. ft. each additional unit 2000 sq. ft. 19 x 2000 38000 S2. ft* total land area required 40600 sq. ft. The total land area available as shown on the approved plans, was 41,483 square feet, a surplus of 883 square feet. Therefore in- sufficient land area was available for additional units. No building or electrical permits have been issued for conversion of recreation rooms to apartment use. *Wk A**k ' First Federal Savings & Loan Page 2 No additional water or sewer service charges are being billed by the City for additional units. You are hereby directed to take immediate action to correct this violation of Ordinance 1074. Failing evidence of your intentions within ton (10) days the City intends to institute legal action to abate the violation. very truly yours,, EDMONDS BUILDING DEPARTMENT Harry M. Whitcutt Building Official HMW/ae cc: planning dept. . I 'A CORNELL, STEWART& ASSOCIATES, INC. 2408 10th AVENUE EAST - SEATTLE, WASHINGTON 98102 - (206) 329-0085 November 14, 1973 Mr. Harry M. Whitcutt Edmonds Building Department Civic Center Edmonds, Washington 98020 Re: 20810 - 76th Avenue West Dear Mr. Whitcutt: Dr. & Mrs. Sheldon Biback, owners of subject property, would like me to submit their proposal to you for correcting the violation of the two additional living units. It is my understanding from conversations with you, Mr. Spanfelner and Mr. Wallis that by acquiring additional abutting land, your requirements would be satisfied, as long as we could also provide sufficient parking stalls. My calculations show that an additional 3,917 square feet are needed (2 units @2,400 sq. ft. less existing surplus over 20 units of 883 sq. ft. per your letter of Sept. 4, 1973.) our proposal is that the Bibacks purchase a strip of land 12k feet wide along their south property line from Mrs. Savage, the neighbor to the south. If the lot depth is 318 feet, this would give the subject property an addi- tional 3,975 sq. ft., or sufficient to fulfill your re- quirements. It would be appreciated if you would inform us if this solution is acceptable and we will then proceed with the negotiations. I would also like to request that you send a letter to Mrs. Harry E. Savage, 20822 - 76th Ave. W. informing her that the only effect on selling the Bibacks a 12h foot strip would be in the number of units or size of clinic which could be built on the remaining lot, and a definition of what that would be. Thank vou for vour cooDeration. vo') aw�k %� V t6 13 � APS/sh REAL ESTATE I MANAGEMENT I CONSULTANTS DIT. C4.r oLauta 17LE D o37] -Wftl,)R- �A- .-Z:7 z Ji 1 0 0 CITY of EDMONDS Civic Center - Edmonds, Washington 98020 - Telephone (206) 775-2525 Office of City Planning November 15, 1973 Allen P. Stewart Cornell, Stewart and Associates, Inc. 2408 10th Avenue East Seattle, Washington 98102 Re: 20810 76th Ave. W. Dear Mr. Stewart: Mr. Whitcutt referredyour letter to me regarding your clients' proposal. The proposal will be acceptable to us if the required number of parking spaces are provided (2 per unit) and Mrs. Savage subdi- 01f vides her property before the transaction of land is completed. Although it is in reality a lot -line adjustment, the transfer of property is technically a subdivision. Our fee is $10.00 for a lot -line adjustment and it will be heard before the Planning Commission. If the application is received before November 22nd, it can be heard on December 12th. We are required to notify ad- jacent property owners of the proposed action. The transfer of property will change the area (in square feet) of Mrs. Savage's lot. If she wishes to build apartments it would reduce the allowable number of units by two. However, it is not always possible or desirable to build the full number of allowable units on a lot anyway, as provision must be made for parking, landscaping and common recreation area. This would be determined by the design. If she builds a clinic or professional office build- ing, the parking requirements will determine the allowable building area since they are based on gross floor area. One space is required for every 200 square feet of area for clinics and one for every 400 square feet of professional office space. LandscapIng requirements of 8% of the parking area must also be met. In this zone a Condi- tional Use Permit is also required to build professional offices or clinics. I hope our requirements will not seein to be an insurmountable barrier to Mrs. Savage. The subdivision is a routine matter, as is the Conditional Use Permit, if Mrs. Savage should elect to build profes- sional offices. I wouldn't foresee difficulties in either case. I am acquainted with Dr. Biback, he is my personal physician, and I certainly hope we can iron out this matter for him and Mrs. Biback. Kay/L. Shoudy Assistant City Planner KLS/peh 0 0 lk� c - -7-0-TI -U. 41 - - S-33 Edmonds Planning Commission - Regular Meeting - December 12, 1973 - Page 4 Mr. Larson said if the proposed Shell Valley Street went in it would come to the Dunne property and all of the lots would be able to obtain access. On call for the question roll call vote had Mr. Gustayson ind Mr. Washburn voting "no" and Mr. Naughten, Mr. Hayes, Mr. Sittauer and Dr. Goodhope voting 11yes". Motion carried. S-25-73 Esther C. Savage. Lot line adjustment at 20822 76th Ave. West. (RML) Mr. Wallis explained that this application came about because of a fire in the apartment complex to the south of Mrs. Savage's property. It was found at that time that the apartment complex to the south, and the one to the north each had two apartments more than was alloviable. The owners of the property to the south applied to the Board of Adjustment for a variance to allow the two extra units and the application was denied. Dr. Biback, owner of the units to the north of ',Irs. Savage proceded to negotiate with Mrs. Savage to purchase a strip of land 12-1, feet wide and 318 feet'deep which would nive him the square footage 'needed to make the extra units legal. Mr. Wali'is recommended approval of the lot line adjustment. There were no engineering requirements. Mr. Dickson asked Dr. Biback what he ' intended to do with the existing fence if the lot line was approved. Or. Biback sai - d he would ultimately move the fence so that it would be one piece of pro- perty. Mr. Dickson said he was more interested in the i.ntent than the speci- fics. He said he felt there should be an agreement that the new property line should be something visible to the naked eye. Mr. Wallis said a letter had been written to Mrs. Savage informing her what would be allotiable-on the remaining portion of her lot. A motion was made by Mr. Naughten, seconded by Mr. Gustayson that S-25-73 be approved with the provision of the fence to be moved within one (1) year to designate a visible line of demarcation. Mrs. Biback was in the audience and said with financing, etc. they would like to have more than one year to change the property line. She said they had told Mrs. Savage they would keep the area cleaned. Mr. Oickson said perhaps it would not be necessary to just move the fence, but perhaps bulldoze and put other type of barrier in. Mr. Wallis said this complex contains two units more than allowable for which the owners are collecting revenues. Dr. Goodhope said he felt where the two units are illegal and rents have been collected over the years they should move the fence immediately. On call for the question the motion carried with Dr. Goodhope voting "no". -h Place West across ST-8­73 Amendment to Official Street 1ap to extend 864. Main Street to connect to Shell.Valley. I Mr. Larson again turned the hearing over to 11r. Flickson and stepped down into the audience as he is an involved property owner. Mr. Dickson noted that property owners in the area had been notified of the hearing. Mr. Wallis read the minutes of the City Council meetino.of October 9th instruct- ing the Planning Commission to hold hearings to place this street extension on the Comprehensive Thoroughfare Plan. This was a result of the application of W. F. Smith to subdivide his property. Mr. Wallis showed slides of the ar'ea, of the existing street plan and the Comprehensive Land Use Plan. !1r. Wallis