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CITY OF EDMONDS
COVENANT -FOR ACCESSORY DWELLING UNIT
This is to certify that the property legally described below
Legal Description:
Sec 25 TWP 27 RGE 03
RT-184) N1/2 OF FDT BEG NE COR SW1/4
NE1/4 TH SOO*35 56W 331.74 FT TH N88*52
55W683.98 FT TPB TH SOO*33 15W
165.92 FT TH N88*53 09W 296.95 FT
*More legal description on file* Taken from 1997 Snohomish County
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Assessor's Parcel Number: Real Estate
Tax statement
has been granted a conditional use permit by the City of Edmonds to maintain an accessory
dwelling unit on the hereinafter described residential realty (File No. CU-11-19L).
WHEREAS, such approval is subject to certain conditions and will automatically expire in the
event that such conditions are no longer met, and
WHEREAS, among those conditions is the provision that the permit is personal to the
applicant and will expire in the event that the primary residence and accessory dwelling unit
are rented, leased, sold or otherwise conveyed to a person other than the applicant and
undersigned owner.
NOW THEREFORE, /-,a 67W jgVgJff __S (Hereinafter "Owners(s)") does
hereby covenant, stipulate and promise as herein set forth:
1 . Touch and Concern the Land. This covenant touches and concerns a tract of residential
real property (hereinafter "siteo) with a street address of 912,02- 'R4.4taltv UkSl- ,
Edmonds, Washington, and legally described above, incorporated by this reference as
fully as if herein set forth.
2. Existence and Expiration of Accessory Dwelling Unit-Amn-val. On the application of the
5wner (s), the City of Edmonds has approved a conditional use permit to install an
accessory dwelling unit at the subject tract described above. The terms of such approval
and conditions are described in Chapter 20.21 of the Edmonds Community Development
Code as the same exists or is hereafter amended. Among the conditions are the
requirements that the approval is personal to the Owner and shall automatically expire
whenever:
0 2.1 The accessory dwelling unit has been substantially altered and is no longer in
conformance with the plans and drawings reviewed and approved by the City of
Edmonds.
0 2.2 The Owner(s) ceases to maintain three or more off-street parking spaces on the
site for the use of the primary residence and the accessory dwelling unit.
* 2.3 The primary residence and accessory dwelling unit are sold, rented, leased or
otherwise conveyed to a person other than the undersigned Owner(s) and applicant.
* Therefore, in the event that the residence and accessory dwelling unit shall be jointly
sold, rented, leased or otherwise conveyed to a person other than the Owner, the
approval for the residential real estate shall automatically expire.
3. Covenants to Notify and Restore Propertv. In consideration of the approval of a
conditional use permit to maintain the accessory dwelling unit permit, the undersigned
Owner(s) hereby covenants to notify any prospective purchaser of the automatic
expiration of the accessory dwelling unit upon the sale, rental, lease or other conveyance
of the herein described sale, rental lease or other conveyance of the herein described
primar.ykitchen e of the primary
kitchen facilities other than the installed for the.us
resid ence.
I I we verify that I we are, the legal own er(s) of the property described above. I we warrant
that. all representations are true and corre ct and understand that.in.the event of any
misrepresentation or failure to comply with the conditions and regulations set forth herein,
the City of Edmonds shall hav a the right to declare that, Conditional Use Permit void and
record a - statement to that effect in the Grantor-Granteds Index in the office of the
Snohomish County Auditor.
Signed:
STATE OF WASHINGTON)
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COUNTY OF SNOHOMISH)
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On this day personally appeared before me 4Af-Z9
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me known to be the individuals described in and who executed the within and foregoing
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instrument, and acknowledged that
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signed the same as f ree
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and volunta act and deed, for the uses and purposes therein mentioned.
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Given 16o day Of n2101X'A1.z 19..
under my hand and official seal this
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io Notary Public in and for the Ftate of Washington residing at
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CITY OF EDMONDS BARBARA FAHEY
MAYOR
250 5TH AVENUE NORTH - EDMONDS, WA 98020 (206) 771-0220 FAX (206) 771-0221
HEARING EXAMINER
FINDINGS, CONCLUSIONS AND DECISION
OF THE HEARING EXAMINER
CITY OF EDMONDS
APPLICANT: Laeta M. Evans
CASE No: CU-97-89
LOCATION: 21702 - 98th Avenue W.
APPLICATION: A Conditional Use Permit to allow an Accessory Dwelling Unit in an
existing residence in a Single Family Residential (RS-12) zone.
REvIEw PROCESS: Conditional Use Permit; Hearing Examiner conducts public hearing and
makes final decision.
MAJOR ISSUES:
a. Compliance with Edmonds Community Development Code (ECDC) Section
16.20.0 10 (SINGLE-FAMILY RESIDENTIAL - USES).
b. Compliance with Edmonds Community Development Code (ECDC) Section
20.21 (ACCESSORY DWELLING UNITS).
c. Compliance with Edmonds Community Development Code (ECDC) Chapter
20.05 (CONDITIONAL USE PERMITS).
d. Compliance with the City of Edmonds Comprehensive Plan.'
SUMMARY OF RECOMMENDATIONS AND CONCLUSIONS:
Staff Recommendation: Approve with'conditions
Hearing Examiner Decision: Approve with conditions
PUBLIC HEARING:
After reviewing the official file which included the Planning Division Staff Advisory Report with
attachments; and after visiting the site, the Hearing Examiner conducted a public hearing on the
application. The hearing on the application was opened at 9:01 a.m., September 18, 1997, in the,
Plaza Room, Edmonds Library, Edmonds, Washington, and closed at 9:06 a.m. Participants at
the public hearing and the exhibits offered and entered are listed in this report. A verbatim
recording of the hearing is availahle in the Planning Divikion.
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From the City:
Meg Gruwell, Project Planner, reviewed the staff report and recommended approval of
the application with certain conditions (see Exhibit A, page 2, Recommendations).
From the Applicant:
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The applicant was asked if the staff report and analysis adequately covered her request
and if she would like to add anything further.
Laeta M. Evans, applicant, said she had nothing to add.
From the Community:
A letter was submitted by John A McCallum (see Exhibit B), a nearby resident to the
subject property, expressing his desire to have an ownership restriction placed on the
permit such that the applicant must be a resident of one of the units for the permit to be
valid.
FINDINGS OF FACT AND CONCLUSIONS
Site Dese tion:
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Site Development, Neighboring Development, And Zoning:
Facts:
lize: The subject property is roughly rectangular in shape with approximately 24,650 square feet
(see Exhibit A, Attachments I & 3).
Land Use: The property is currently developed with a single-family residence.
Zoning: The zoning of the subject property is Single -Family Residential (RS-12) (see Exhibit A,
Attachment 1).
Terrain and Veaetation The subject property starts at street level at 98th Avenue W. where the
first story of the house is visible and slopes down to the west along the house to the base of the
daylight basement and then slopes gently down to the west from there. The house is
landscaped with some mature coniferous trees and lawn.
Surrounding Development and Zoning:
Facts:
North This area is currently zoned Single -Family Residential (RS-12) and is developed with
single family homes (see Exhibit A, Attachment 1).
SouLh: This area is currently zoned Single -Family Residential (RS-12) and is developed with
single family homes (see Exhibit A, Attachment 1).
3LeLft This area is currently zoned Single -Family Residential (RS-12) and is developed with single
family homes (see Exhibit A, Attachment 1).
Last- This area is currently zoned Single -Family Residential (RS-8) and,is developed with single-
family homes (see Exhibit A, Attachment 1).
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Edmonds Community Development Code (ECDC) Compliance
ECDC Section 16.20.010 (SINGLE-FAMILY RESIDENTIAL - USES)
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"Accessory Dwelling Unite' are a permitted use requiring a conditional use permit in the RS- 12 zone,
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per ECDC 16.20.010.
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"Accessory Dwelling Unite' are required to comply with criteria outlined in ECDC Chapter 20.21
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(Accessory Dwelling Units).
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CInclusion: A Conditional Use Permit is required to allow the establishment of an Accessory Dwelling
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Unit in a single family zone. The use will be consistent with the Edmonds Community Development
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Code, provided it is developed in accordance with the criteria in ECDC Chapter 201.2 1.
ECDC Chapter 20.21 (ACCESSORY DWELLING UNITS)
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ECDC Section 20.21 contains a purpose for the Accessory Dwelling Unit Ordinance which includes the
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following: "A secondary purpose is to permit... persons who have occupied their residence for a
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two-year waiting period to establish accessory dwelling units in order to meet the high cost of
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home ownership.
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ECDC Section 20.21 contains the review and approval criteria for Accessory Dwelling Units.
According to the aforementioned code section, "No Accessory Dwelling Unit may be approved
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unless all the findings in this section can be made." The findings are as follows:
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Compliance with the Conditional Use Permit criteria set forth in ECDC 20.05.010.
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Existing Residence. The single-family dwelling in which the proposed unit is to be built shall
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be owned and occupied for at least two years by the applicant or the waiver criteria established
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by ECDC 20.21.015 shall be satisfied.
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Area Used. Accessory dwelling units must be located within or attached to single-family
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dwelling units. In no case shall an accessory dwelling unit be permitted in a detached structure
such as a guest house or garage.
Exterior Changes. The single-family appearance and character of the residence shall be
maintained when viewed from the surrounding neighborhood. Whenever possible, new
entrances should be placed at the side or rear of the building. Only one electric and one water
meter shall be allowed for the entire building, serving both the primary residence and the
accessory dwelling unit.
Parldng. Three off-street parking spaces shall be provided for a single-family residence with
an accessory dwelling unit.
Number of Units. Only one accessory dwelling unit shall be approved for each primary
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single-family dwelling.
0 Occupancy. The primary dwelling or the accessory dwelling unit shall be occupied by the
owner of the subject site as long as the accessory dwelling unit is used for dwelling purposes
separate and distinct from the primary dwelling. In no event shall the total number of
occupants exceed one family as defined in this code.
0 Safety, Light, Ventilation, Floor Area and Similar Factors. Accessory dwelling units shall
comply with all applicable requirements of the Uniform Building Code adopted by ECDC
Title 19 and shall comply in all respects with the provisions of the Edmonds Community
Development Code. No conditional use pem-dt for an accessory dwelling unit shall be issued
to a nonconforming structure unless that structure is brought into conformance with the then
current provisions of the Edmonds Community Development Code.
The applicants have stated in their application, shown in their plans, or stated to staff the following:, . I "
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• Laeta Evans has lived in this home continuously since June 1968, and she intends to
continuing living in the house in either the primary or secondary unit (see Exhibit A,
Attachment 2).
• The accessory dwelling unit will be within the existing residence, in a portion of the daylight
basement. Access to the accessory dwelling unit will be down the stairs on the side of the
house, and through two rear doors (see Exhibit A, Attachments 3 and 5).
• Three on -site parking spaces will be provided on the property, with two of them being in the
carport (see Exhibit A, Attachments 2 and 3). Two additional cars could be accommodated
behind the cars parked in the carport.
• Only one Accessory Dwelling Unit is proposed (see Exhibit A, Attachment 2).
A compliance permit is required to determine if the new unit will comply with the Uniform Building
Code requirements.
ECDC Section 20.21.035 deals with the transferability and states that the conditional use permit "shall
expire automatically if the applicant ceases to be a resident and occupant of either the accessory
dwelling unit or the primary residence."
Conclusions
Ms. Evans has owned the home for more than two years, plans to have only the one accessory dwelling
unit, plans to live in either the primary residence or accessory dwelling unit, and will provide at
least three parking spaces.
The home will maintain its single-family appearance, as the accessory dwelling unit is to be within the
daylight basement of the home, with the doors to the unit located at the rear.
The primary dwelling or the accessory dwelling unit must be occupied by the owner of the subject site
as long as the accessory dwelling unit is used for dwelling purposes separate and distinct from the
primary dwelling.
Accessory dwelling units must comply with all applicable requirements of the Uniform Building Code
adopted by ECDC Title 19 and must comply in all respects with the provisions of the Edmonds
Community Development Code, In this instance, a Compliance Permit will be required to
determine if the Uniform Building Code is being met.
An accessory dwelling unit permit is not transferable to a new owner, or to a new site.
Compliance with Code (ECDC) Chapter 20.05 (CONDITIONAL USE PERMITS)
ECDC Section 20.05 contains the review and approval criteria for Conditional Use Permits. According
to the aforementioned code section, "No Conditional Use Permit may be approved unless all the
findings in this section can be made." The findings are as follows:
• CompLehensive Plan - The proposed use is compatible with the Comprehensive Plan.
• Zoning Ordinance - That the proposed use, and its location, is consistent with the purposes of
the Zoning Ordinance and the purpose of the zone district in which the use is to be located,
and that the proposed use will meet all the applicable requirements of the Zoning Ordinance.
• Not Detrimental - That the use, as approved or conditionally approved, will not be
significantly detrimental to the public health, safety and welfare, and to nearby private
property or improvements unless the use is a public necessity.
Transferabiliky - The Hearing Examiner shall determine whether the conditional use permit
shall run with the land or shall be personal.
The Comprehensive Plan designates this area for residential use, which, is what is being proposed.
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The zoning ordinance allows for "Accessory Dwelling Units" in a single family zone if a Conditional
Use Permit is approved. If the proposed Conditional Use Permit is approved, the "Accessory
Dwelling Unit!'will be consistent with the Zoning Ordinance.
Conclusions
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511 1) The proposal is consistent and compatible with die intent of the comprehensive plan.
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2) The proposal location and use are consistent with zoning ordinance and the zoning district in
01 which it is located.
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.0 4) The conditional use permit shall be personal to the applicant as stipulated in ECDC 21.21.035.
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Compliance with ECDC Chapter 20.15A (Environmental Review)
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The applicant submitted an environmental checklist, and the proposal received a Determination of
UA Lul Nonsignificance. This determination was not appealed and the deadline for appeals ended on
:D 01 August 22, 1997.
0 Conclusion The applicant and the City have complied with the requirements of ECDC 20.15A.
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The applicant submitted a Critical Areas Checklist �CA-97-119) and received a Determination as
required prior to the issuance of my permit.
Z The Critical Areas Determination waived the requirement for further Critical Area studies.
Conclusion: The applicant and the City have complied with the requirements of ECDC 20.15B.
Edmonds Comprehensive Plan Compliance
Land Use
c : The City of Edmonds Comprehensive Plan has few goals and policies stated in the Land Use
Element, under Residential Development which relate to the subject proposal.
The Comprehensive Plan designates the subject property "Single Family."
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Conclusion The proposed use is located in a Single Fairdly area on the Comprehensive Plan and is
therefore consistent with the Land Use designation of the Comprehensive Plan for its location.
Housing
Fact: 7be City of Edmonds Comprehensive Plan has some goals and policies stated in the Housing
Element which relate to the subject development proposal.
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HOUSING - Goal G.2.b. "Provide for accessory housing in single family neighborhoods that add
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the needs of extended families and encourages housing affordability."
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goncluslow The proposal is to create an accessory dwelling unit on'a developed single family. lot which is
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will:be used by the tended family, and which is consistent with the Comprehensive Plan for housing
opportunities.
Technical Committee
The proposed Conditional Use Permit has been reviewed and evaluated by other
Departments/Divisions of the City.
Only one comment was received regarding this application and that is a merhorandurn from the Engineering
Division (see Exhibit A, Attachment 6).
Mcism
Based upon the foregoing findings and conclusions, the request for ConditionalUse I�ermit CU-
97-89 is approved, subject to the following conditions:
I The covenant concerning "Accessory Dwelling Units" signed by Ms. Laeta Evans
shall be recorded with the Snohomish County Auditors office (see ExhibitA,
Attachment 4).
2. One of the two dwelling units shall be occupied by Ms. Laeta Evans as longas the
::accessory dwelling unit is used for dwelling purposes separate and distinct from
the primary dwelling unit.
3. 'In no event shall the total number of occupants exceed one "family" as defined by
the Edmonds Community Development Code, Section 21.30.010..
The permit shall not be transferable to any other property owners.
5. A compliance permit shall be obtained to insure that both units comply with the
requirements of the Uniform Building Code.
6. The subject permit shall expire immediately upon any of the following
circumstances:
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a. The accessory dwelling unit is substantially altered and is no longer in
conformance with the plans and drawings reviewed and approved by the
Hearing Examiner in this application.
b. The subject site ceases to maintain three or more off-street parking spaces
which comply with the standards set forth in the ECDC, with a required
size of 8.5 feet by 18 feet.
C. Ms. Laeta Evans ceases to own the property oi live in one of the two,
dwelling units on the subject property.
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Entered this 30th day of September, 1997, pursuant to the authority granted the Hearings
Examiner under Chapter 20. 100 of the Community Development Code of the City of Edmonds.
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(Do B. en
earing Examiner
D d %4a eenr
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RECONSIDERATION'S AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsideration's
and appeals. Any person wishing to file or respond to a recommendation or appeal
should contact the Planning Department for further procedural information.
Request for Reconsideration
Section 20.100.010.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.
Appeals
Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision
or recommendation shall be made. The appeal shall be made in writing, and shall
include the decision being appealed along with the name of the project 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 Community
Development Director within fourteen (14) calendar days after the date of the
decision being appealed.
LAPSE Ot APPROVAL
Section 20.85.020.0 states "The approved variance must be acted on by the owner within
one year ' from the date of approval or the variance shall expire and be null and void,
unless the owner files an application for an extension of the time, before the expiration
and the city approves the application." lia
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EXHMIT:
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The followingexh ibit.was offered and entered into the record.
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A. Planning Division Advisory Report
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B. Letter submitted by John A McCallum
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I PAKULKS oF RECORD:
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Lacta M; Evans Edmonds Plannim Division
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21702 - 98th Avenue
Ed.mondsEngineering Division
Edmonds, 98020
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John A. McCallum
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21630 98th Avenue North
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Edmonds, WA 98020
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Sept —ember 18, 1997
PLEASE PRINT LEGIBLY YOUR NAME, ADDRESSAND ZIP
CODE BELOW, IF YOU WISH TO SPEAK ON THIS ITEM
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I - - - - - - - - -
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cu-97-89 LAETA EVANS
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12/Sept/97,
Ci y Of Edmonds
,dommunit� Services Dept.
121 .5th Ave.: 'No. P,
Edmonds,, Wash. .98020
Sep
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Conditional-UseTermit
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Dear Sirs,
I.1 do�:not.�objectl to Ms Evans.��receivinj A permit. for amAccessory,
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Dwelling Unit" but es ric ion.,� ,If
I think be an ownership,.r' i
is: er(i th C6 — , , , : . - I I I
Evahs.iel -her. house'l,:or�,no. onger lives,�th e nditional Use
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Permit, should expire.:,
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YV fearis -a futur'e,6 wner� m! ght,,use . the, pe , rmit:t� turn- the h'O'u s I e,, i I nto., a.
1 duplex without': Ahv. restricti 6ns.
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Sincerly,
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2163b 98th Ave. No.
Edmond Wash. 98o2o
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672-1681
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CITY OF EDMONDS BARBARA FAHEY
MAYOR
121 STH AVENUE NORTH EDMONDS, WA 98020 (425) 771-02210 -1 FAX:(425) 771-0221
COMMUNITY SERVICES DEPARTMENT
C. 1
Public Works 4 Planning/Building Parks and Recreation Engineeeing Wastewater Treatment Plant
Transmittal
Date:.
September 11, 1997
To:
Laeta M. EVans
PO Box 901
Edmonds, WA 98020
Subject:
CU-97-89
,Transmitting
Agenda &Staff Report.
For Your Information: x
As you, requested:
For your file:
Comment:
Note attachments:
Sincerelyj
Diane Cunningham, AlministratiVe Assistant
cc: Ron Melcho
Ron McConnell, Hearing Examiner
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lncorlborotedAu�just 11",189C-4,
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S s a Helkinan -Aapan,
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CITY OF EDMONDS BAReARA FAHEY
121 STH AVENUE NORTH EDMONDS, WA 98020 - (425) 771-0220 FAX (42S) 771-M21 MAYOR
COMMUNITY SERVICES DEPARTMENT
Public Works e Plannin /Buildin * Park 0
-1,4 C. —reaton n9ineering VV1cxSE4BWtuwr IreatMent Plant
August 8, 1997
Ms. Laeta Evans
P.O. Box 901
Edmonds, WA 98020
Subject:. ASSIGNMENT OF HEARING. DATE
Dear Ms. Evans:
Your application is now complete and has been scheduled for a public healring'at the time and place listed
below.
Action: ConditionaLU_se Permit
File No. Assigned: CU-97-89
Date of Hearing: September 18,1997
Time: 9:00 A.M.
or as soon thereafter as possible.
Place: Plaza Room, Edmonds Library
650 Main Street
Hearing Body: Hearing Examiner
Please be aware that your presence at the hearing is highly advisable. If an applicant or his representative
is not present, the item may be moved to the end of the agenda. Items not reached by the end of the
hearing will be continued to the following month's agenda.
If you have any further questions, please do not hesitate to contact me at 771-0220.
Sincerely,
C mmunity Services Department - Planning Division
M. g Gruwell
Project Planner
cc: File No. CU-97-89
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To: Ron McConnell, He Examiner
From:
M.E. Mdg Gruwell
Code Enforcement fficer
Date: SEPTEMBER 11, 1�97
File:
CU-97-89
Hearing Date, Time, And Place: I September 18, 1997� At 9:00 AM,
Plaza Room
Edmonds Library
650 Main Street
TABLE OF CONTENTS
Section Page
1. INTRODUCTION ................................ ..................................................... ........ I ...... . ........ ............. I I ........... I
A. APPLICATION .................
............ I .................................................................................... 2
B. RECOMMENDATIONS ............................................................................................ ....................................... 2
IL FE14DINGS OF FACT AND CONCLUSIONS ............................................. ......... I ............... I ............. I ............... 3
A. SITE DESCRIPTION ................... I .......................................................
............. ................................... e ........... 3
B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE ..........................
........................... 3
C. EDMONDS COMPREHENSIVE PIAN COMPLIANCE .......................... I ............. I ......... I ...... ...... ............... I ...... 6
D. TECHNICAL COMMITTEE .......... I ..................... I ...................................... I .............. I ......... I ............ .............. 7
III. RECONSIDERATION AND APPEALS ...................... ................. ..............
.......................... .......... ...........
A. REQUEST FOR RECONSIDERAT16N ................................... ........... ............... ........ ......... 7
...............................
B. APPEALS .................................
IV. NOTICE TO THE COUNTY ASSESSOR ............................. ......... ....................... 1 .41 ................... I .......... 7
V. LAPSE OF APPROVAL ...... ............ ............................................................. ..... I ....... I ..................... ...........
VI. ATTACHMENTS ............................. ................. ............ I .............. ..... ........ 8
VIL PARTIES OF RECORD ................ ........... o ............. ..' ........ ............
LAIM11 M. Evans
Re NoXII-97-89
Page2ofg
MRODUCTION
A., Appfication
1. Applicant Laeta M. Evans ee Attachment 2).
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2. Site Location 217021- 9M Avenue W. (s : ce Attachment 1).
3. Request: A Conditional Use Permit to allow an Accessory. Dwelling Unit in an existing
residence in a Single Family ResidentW . (RS- 12)'Zone.
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ReviewProcess Conditional Use Permit; Hearing Examiner conducts,public hearing and
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makes final decision.
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5. Maior Issues
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a. Compliance with Edmonds Community Development Cod e (ECDC) Section 16.20..010
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(SrNGLE_FAMILY RESIDENTIAL _ USES).
b. Compliance with Edmonds Community Development Code (ECDC), Section. 20.21
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(ACCESSORY DWELLING UNITS).
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c. Compliance with Edmonds Community, Development Code (ECDC), Chapter 20.05
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(CONDITIO USE PERMITS).
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d. Compliance with the City of Edmonds Comprehensive Plan.
B. R6commendaflons
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Based on: statements of Fact, Conclusions,. and Attachments in this report we: recommend
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APPROVAL of this Conditional Use Permit for.the Accessory Dwelling Unit in the Singlee-Farrdly
Residential (RS-12) zone with the following conditions:
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1; This application is subject to the applicable requirements contained, in die Edmonds
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Community Development Code (ECDC). It is the responsibility ofthe applicant. to ensure
compliance with the various provisions contaivied in these ordinances.
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1 The covenant concerning "Accessory Dwelling Units7' signed by Ms. Laeta Evans shall be
recorded with the Snohomish County Auditors office (see Attachment 4).
3. One of the two dwelling units shall be occupied by Ms. Lacta Evans as, long as the
accessory dwelling unit is used for dwelling purposes separate aad distinct from the
primary dwelling unit.
4. In no event shall the total number of occupants exceed one 'Tamily",w defined by the,
Edmonds Community Development Code Section 21.30.610 (see Attachment 7).
5. The permit shall not be transferable to any other property owners..
6. A compliance permit shall be obtained to insure that both units comply with:, the
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requirements of the Uniform Building Code.
7. The subject permit shall expire Wimedia I tely. upon any of the following circumstances:
a. The accessory dwelling unit is substantially altered and is no longer i
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conformance with the plans and drawings reviewed and approved by the Hearing
Examiner in this application
b. The subject site ceases to maintain three or more off-street, parking spaces.which:
comply with the standards set forth in the ECDC, with a required size� of83 &et
by, 18 feet.
c. Ms. Laeta Evans ceases to own the prope ity or live in one of the ng
units on the subject property.
2 septernber it. 1491 S po
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Laeta M. Ev'an I s
File No. CU-97-89
P4ge 3 of 8
11. FINDINGS OF FACT AND CONCLUSIONS
A. Site' Description
1. Site Development, Neighboring Development, And Zonmig:
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a) Facts:
(1) Size: The subject property is roughl rectangular in shape with approximately 24,650
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square feet (see Attachments I & 3).
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(2) Land Use: The property is currently developed with a single-family residence.
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(3) Zoning The zoning of the subject property is Single-Fan-dly: Residential (RS-12)
Attachment 1).
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(4) Te Vep_etation: The level 98th Avenue
n and subject property smm at street at
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W. where the first story of the house is visible and slopes down to the west along the
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house to the base of the daylight basement and then slopes gently down to the west
from there. The house is landscaped with some mature coniferous trees and lawn.
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2. Surrounding Development and Zoning:
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a) Facts:
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(1) North- This area is currently zoned Single -Family Residential (RS-12). and is,
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developed with single family homes (see Attachment 1).
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(2) South: This area is currently zoned Single-Faritily Residential (RS-12) and is
developed with single family homes (see Attachment 1).
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(3) MLeLt- This area is currently zoned Single-Faritily Residential (RS. 12) and is
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developed with single family homes (see Attachment 1).
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(4) Ka
_st- 11fis area is currently zoned Single -Family Residential (RS-8) and is developed
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with single-family homes (see Attachment 1).
B. Edmonds Community Development Code (ECDC) Compliance
1. ECDC Section 16.20.010 (SINGLE-FAMILY RESIDENTIAL - USES)'
a) Facts:
(1) "Accessory Dwelling Unite' are a permitted use requiring a conditional use permit in
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the RS- 12 zone, per ECDC 16.20.010.
(2) "Accessory Dwelling Units7 are required to comply with criteria outlined in ECDC
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Chapter 20.21 (Accessory Dwelling Units). See section H.C.2 for a discussion on
how this proposal does or does not meet the criteria for an Accessory Dwelling Unit.
b) Conclusion: A Conditional Use Permit is required to allow die establishment ofan
Accessory Dwelling Unit in a single family zone. If a Conditional Use Permit is granted;
the use will be consistent with the Edmonds Community Development Code.
2. ECDC Chapter 20.21 (ACCESSORY DWELLING UNITS)
a) Facts:
(1) ECDC Section 20.21 contains a purpose for the Accessory.Dwelling Unit Ordinance
which includes the following: "A secondgry.purpose is to permit ... persons�' who
have occupied their residence for a two-year waiting period to, establish access'
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dwelling units in order to meet the high cost ofhom e ownership -
3 CU-97-89MM /September 11, 1997 /stiff ftooit:�:
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Lacta M. Evans
File No. CU-97-89
Page 4 of 8
(2) ECDC Section 20.21 contains the review'and approval criteria for Accessory
Dwelling Units. According to the 'aforementioned code section, "No Accessory
Dwelling Unit may be approved unless all the findings, in this section can be made."
The findings are as follows:
Compliance with the Conditional Use Permit criteria set forth in ECDC
20.05.010.
Existing Residence. The single-family dwelling in which the proposed unit is to
be built shall be owned and occupied for at least. two years by the applicant or
the waiver criteria established by ECDC 20.21.015 shall be satisfied.
Area Used. Accessory dwelling units must be located,within or attached to
single-family dwelling units. In no case shall an accessory dwelling unit be
permitted in a detached structure such as a guest house or garage.
Exterior Changes. The single-family appearance and character of the residence
shall be maintained when viewed from the surrounding neighborhood. Whenever
possible, new entrances should be placed at the side or rear of the. building. Only
one electric and one water meter shall be allowed for the entire building, serving
both the primary residence and the accessory dwelling unit.
Parking. Three off-street parking spaces shall be provided for a single-family
residence with an accessory dwelling unit.
Number of Units. Only one accessory dwelling unit shall be approved for each
primary single-family dwelling.
Occupancy. The primary dwelling or the accessory dwelling unit shall be
occupied by the owner of the subject site as long as the accessory dwelling unit
is used for dwelling purposes separate and distinct from the primary dwelling. In
no event shall the total number of occupants exceed one family as defined in this
code.
Safety, Light, Ventilation, - Floor Area and Similar Factors. Accessory
dwelling units shall comply with all applicable requirements of the Uniform
Building Code adopted by ECDC Tide 19 and shall comply in all respects with
the provisions of the Edmonds Community Development Code., No conditional
use permit for an accessory dwelling unit shall be issued to a nonconforming
structure unless that structure is brought into conformance with the then current
provisions of the Edmonds Community Development Code.
(3) The applicants have stated in their application, shown in their plans, or stated to staff
the following:
0 Laeta Evans has lived in this home continuously since June 1968, and she
intends to continuing living in the house in either the primary or secondary unit
(see Attachment 2).
a The accessory dwelling unit will be within the existing residence, in a portion of
the daylight basement. Access to the accessory dwelling unit will be down the
stairs on the side of the house, and through two rear doors (see Attachments 3
and 5).
0 Three on -site parking spaces will be provided on the property, with two of,therit
being in the carport (see Attachments 2 and 3). Two additional cars could be
accommodated behind the cars parked in the carport.
* Only one Accessory Dwelling Unit is proposed (see Attachment 2).
(4) A compliance permit is required to determine if the new unit will comoNvithAe
Uniform Building Code requirements.
-97-89.DC /,Sept�mberll:19971S' fReport
CU )c W
'41,
Laeta M. Evans
File No. CU-97-89
Page 5 of 8
(5) ECDC Section 20.21.035 deals with the. transferability and states that the conditional
use permit "shall expire automatically if the applicant ceases to be a resident and
occupant of either the accessory dwelling unit or the primary residence."
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b) Conclusions:
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(1) See Section H.B.3 of this report for a discussion on how this proposal is consistent
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with the Conditional Use Permit criteria for the City of Edmonds.
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(2) Ms. Evans has owned the home for more than two years, plans to have only the 9 1 ne
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accessory dwelling unit, plans to live in either the primary residence or accessory
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dwelling unit, and will provide at least three parking spaces.
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(3) The home will maintain its single-family appearance, as the accessory dwelling unit
is to be within the daylight basement of the home, with the doors to the unit located at
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the rear.
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(4) The primary dwelling or the accessory dwelling unit must be occupied by the owner
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of the subject site as long as the accessory dwelling unit is used for dwelling purposes
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separate and distinct from the primary dwelling.
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(5) Accessory dwelling units must comply, with all applicable requirements of the
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Uniform Building Code adopted by ECDC Title 19 and must comply in all L respects
with the provisions of the Edmonds Community Development Code. In this instance,
a Compliance Permit will be required to determine if the Uniform Building Code is
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being met.
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(6) An accessory dwelling unit permit is not transferable to a new owner, or to a new
site.
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3. Compliance with Code (ECDC) Chapter 20.05 (CONDITIONAL USE
PERNUTS)
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a) Facts:
(1) ECDC Section 20.05 contains the review and approval criteria for Conditional Use
Permits. According to the aforementioned code section, "No Conditional Use Permit
may be approved unless all the findings in this section can be made." The findings,
are as follows:
• Comprehensive Plan - The proposed'use is compatible with the Comprehensive
Plan.
0 Zoning Ordinance - That the proposed use, and its location, is consistent with the
purposes of the Zoning Ordinance and the purpose of the zone district in which
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the use is to be located, and that the proposed use will meet all the applicable
requirements of the Zoning Ordinance.
• Not Detrimental - That the use, as approved or conditionally approved, will not
be significantly detrimental to the public health, safety and welfare,, and, to
nearby private property or improvements unless the use is a public necessity. L
• Transferability - The Hearing Examiner shall determine whether the conditional
use permit shall run with the land or shall be personal.
(2) The Comprehensive Plan designates this area for residential use,L which is what iL,""
being proposed.
(3) The zoning ordinance allows for "Accessory Dwelling n in,a single zone.:
if a Conditional.Use Permit is approved. If the proposed ConditionalLUj6�pjiMit:,j
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-89.DM Septembeir 11, 1997 i��Repon
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