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23707 101ST AVE W.pdfin U) LU (1) LL Uj 0 Ll- CIO W z z Uj LU C 0— a LU U U* LU 0 z k 0 I CITY OF EDMONDS 250 STH "ENUE NORTH - EDMONDS, WA 98020 - (206) 771-0220 - FAX (206) 771.0221 HEARING EXAMINER Oki, N40 FINDINGS, CONCLUSIONS AND DECISION OF THE HEARING EXAMINER CITY OF EDMONDS APPLICANT: Kathleen Riddle CASE NO.: CU-96-149 LOCATION: 3707 101st Avenue West (see Exhibit A, Attachment 1). APPLICATION: A Conditional Use Permit to allow an "Accessory Dwelling Unit" in a new addition on an existing house. A total of at least three off-street parking stalls would be provided on the lot with this proposal (see Exhibit A, Attachment 2). 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 16.20.010 (Single Family Residential - Uses). b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05 (Conditional Use Permits). c. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.21 (Accessory Dwelling Units). SUMMARY OF RECOMMENDATION AND DECISION: 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; and after visiting the site, the Hearing Examiner conducted a public hearing on the application. The hearing on the application was opened at 9:30 a.m., January 16, 1997, in the PlazaRoom, Edmonds Library, Edmonds, Washington, and closed at 9:40 a.m. Participants at' the public Incorporated August 11, 1890 Sister Cities International — Hekinan, Japan 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 CONEVIENTS: The following is a summary of the comments offered at the public hearing. From the City: Kirk Vinish, Project Planner, reviewed the staff report which recommended approval of the application and he noted that one of the conditions of approval would be to pave the parking area. From the Applicant: Kathleen Riddle, Applicant, said: The code allows for an extended family to live in a single fan-dly house. • She is not in a financial situation to pay for nursing home care for an elderly parent. • She wants to add space for her elderly mother who wants to maintain her independence. The parking will have a paved circular drive. Roof lines will not change. In the future, she plans to live in one unit and one of her childreri will live in the other unit. From the Community: Evelyn Fallon, neighbor, said: She wanted to be assured that the house will continue to be a one family dwelling. Xue Ping Li, neighbor, said: She too only wants one family dwellings in the neighborhood. FINDINGS OF FACT AND CONCLUSIONS A. SITE DESCRIPTION 1. Site Development, Neighboring Development, And Zoning: 0. Facts: (1). - Size The subject property is rectangular in shape and, is approximately 9,730 square feet (see Exhibit A, Attachments I & 4).,� _7 -7 M 7M , sn's, MIN M ;I ��" � - 5M [a (2). Land Use: The property is currently developed with a single family detached house. (3). Zoning: The zoning of the subject property is Single-Family- (4). T The subject property is generally flat with limited ornamental landscaping. LO i V) TEU 2. Surrounding Development and Zoning: U) U. —0 W Facts R -J (1) North This area is currently zoned under the RS-8 zoning designation U. and is developed with single family homes (see Exhibit A, Attachment LU X.; Z 1--i 7 a (2) South: This area is currently zoned under the RS-8 zoning designation !Z I--! and is developed with single family homes (see Exhibit A, Attachment LU LU) Di 0 (3) West This area is currently zoned under the RS-8 zoning designation and is developed with single family homes (see Exhibit A, Attachment W Liu U. Z East This area is currently zoned under the RS-8 zoning designation W ui and is developed with single fan-dly homes (see Exhibit A, Attachment Z B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE 1. ECDC Section 16.20.010 (SINGLE-FAMILY RESIDENTIAL - USES) Facts: (1) "Accessory Dwelling Units" are a permitted use requiring a conditional use permit in the RS-8 zone, per ECDC 16.20.010. 0 (2) "Accessory Dwelling Units" are required to comply with criteria outlined in ECDC Chapter 20.21 (Accessory Dwelling Units). See section H.C.3 for a discussion on how this proposal meets the criteria for an Accessory Dwelling Unit. b) Conclusion: A Conditional Use Permit is required to allow, the establishment of an 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 20.05 (CONDITIONAL USE PERMITS) a). Facts: (1) ECDC Section 20.05 contains the review, and: approval criteria for Conditional Use Permits. According to the aforementioned code, TO "W" W -.4 RER "I b) Conclusions: See Section KCA (page 5) of Exhibit A for a discussion on how this proposal is consistent with the Comprehensive Plan for the City of 0 Edmonds. See Section MB. 1-3 (pages 3-5) of Exhibit A for a discussion on how this proposal is consistent with the uses allowed in the Zoning Code of the City of Edmonds. The proposed application should not have, any negative. i in pact I to surrounding properties in that four on -site parking stalls will be ....... . . r - =X" M, MM -%L:gi9"v�M',t=�hzcwjl�l-"i%ftw-.�—Wli.��,v�".Ir-,..�.��*.",��,l���",---.—.,,�l---.—�..—� /711 Hearing Examiner Decision Case No.CU-96-149 Page 5 provided and the small addition will not appear to be any more than an addition to a single family house. z The permit should not be transferable. UJI cc Mi I. ECDC Chapter 20.21 (ACCESSORY DWE LLING UMTS) LU J 0i Ja _al.Facts: (1) ECDC Section 20.21 contains a purpose for the Accessory Dwelling -J rn LL Unit Ordinance which includes the following: "A secondary purpose is —0 LU to permit persons with financial hardships to establish accessory dwelling units in order to meet the high cost of home ownership. (2) ECDC Section 20.21 contains the review and approval criteria for T z Accessory Dwelling Units. According to the aforementioned code z �-i section, "No Accessory Dwelling Unit may be approved unless all the 0! findings in this section can be made." The findings are as follows: Z LLJ Lui Compliance with the Conditional Use Permit criteria set forth in U (nil ECDC 20.05.010. 0 can tC Existing Residence. The single-family dwelling in which the W X U proposed unit is to be built shall be owned and occupied for at least U. at two years by the applicant or the waiver criteria established by, ZI 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 z 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 0 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 inthis code. 'Q Safety, Light, Ventilation, Floor Area and Similar Factors.,, Accessory dwelling units shall comply. with all. applicable..� A K-777 ggn� gi- .I M WIMM rn —1 V) LU LLJ (n LL LU 0 LL LU: X! 0i LU Us! U U)i 0-1 a �- LU z LU U) 0 z likl M, -1 compliance with the UBC upon submittal of a building permit application. (5) A site inspection of the property by the Engineering Division indicates that adequate parking is available on -site, however some paving will be required at the time of building permit application. b) Conclusions. (1) See Section I[.B.2 (pages 34) of Exhibit A for a discussion on how this proposal is consistent with the Conditional Use Permit criteria for the City of Edmonds. (2) Ms. Riddle will reside in one of the two units therefore, the proposed application appears to comply with all the criteria for an Accessory Dwelling Unit and the intent of the ordinance. C. EDMONDS COMPREHENSIVE PLAN COMPLIANCE 1. Land Use a I Facts The City of Edmonds Comprehensive Plan has some goals and policies stated in the Land Use Element, under Residential Development J which relate to the subject proposal. (1) LAND USE - Residential Development B.4. "Support retention and rehabilitation of older housing within Edmonds whenever it is economicallyfeasible. (2) The comprehensive Plan designates the subject property Single Family - Small Lot. b) nclusions: (1) The proposed project is attempting to retain and rehabilitate existing older housing within Edmonds. (2) The Proposed use is located in a Single Family S �,n T LU J 0 LL area on the 1-01nprehensive Plan and is therefore consistent with the Land Use designation of the Comprehensive Plan LU for its location. 2. Housing (n 01 X 0) —Facts: The City of Edmonds Comprehensive plan has some goals and Policies stated in the Housing UJ. �- X� z �-� Element which relate to the subject development proposal. 0i UJ uJi (1) HOUSING - Goal G.2.b. "Provide for accessory housing 2 =)! family neighborhoods in single that addresses the needs of extended families and encourages housing 0 affordability.,, ' Q t LU X b) Conc : The proposal is to create an accessory dwelling unit on a develoned single family lot which is U. 0! consistent with the Comprehensive Plan for housing opportunities. zi 0 z DECISION Based upon the foregoing findings and conclusions, the request for a conditional use permit is approved, subject to the following conditions: -" This application is subject to the applicable requirements contained in the Edmonds Community Development T-7 Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in ordinances. these 0 2. The covenant concerning "Accessory Dwelling units - Riddle signed by Ms. (and all other owners of the property) shall be recorded with the Snohomish County Auditors Offices. The re ording shall take C occupancy Place prior to or three months which ever is first 3. The Primary dwelling or the accessory dwelling unit.shall be occupied b Ms. Riddle as long as th y e accessory dwelling unit is used for dwelling Purposes separate and distinct from the Primary dwelling. 4. In no event shall the total number of oc cupants "family". exceed one As defined by the Edmonds Community Development Code Section 21.30.010. 5. The subject permit shall expire immediately upon any foil circumstances: of the: owing '77 A CC uo� (n 0� ") LU LU X; _J �-! (n LLi 0 LL <1 LU z �- 0 Z I-- LU Lu� 0— a �- LU LU L) z LU tn 0 z 01 t a rJeanng n2kU1111HUL Case No.CU-96-149 Page 8 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 18.80. 6. The permit shall not be transferable to any other property owners. Entered this 30"' day of January, 1997, pursuant to the authority granted the Hearings Examiner under Chapter 20. 100 of the Community Development Code of the City of Edmonds. V Ron McConnell Hearing Examiner RECONSIDERATION 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 and the date of the decision, the r the decision, their interest in the matter, and name of the individual or group appealing reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within ten (10) working days after the date of the decision being appealed. LAPSE OF APPROVAL Section 20.05.020-C states 'Unless the owner obtains a building permit, or if no building is required, substantially commences the use allowed within one year from the date of approval, 0 a z LU 0 a LU LU 0 z 4:z .23707101stAvp-W- Sister Cities, International Ja�m Z LU D 0 0 U) 0 U) LU ui X -i F- U) LLI LL ,n UJ 0 Z �- LU LU cn 0— a �- LU Lui LA.- 0 z LU (n u 0 z �11 t 0 L - F- on Z U3 LLI —J U 0 (n a (1) LU' Lu -J (1) LL 0 LLJ 2 �:� 9 J; LL < M 01 0 Z �- Lu LIJ 0 Ui UJI z Lu U) L) y F- �- 0 z to CITY OF EDMONDS 250 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION ADVISORY REPORT FINDINGS, CONCLUSIONS, AND "COMMENDATIONS To: Ron McConnell, Hearing Exarniner From: V/--" Kirk Vinish, AICP Project Planner Date: December 19,1996 File: CU-96-149 KATHLEEN RIDDLE Hearing Date, Time, And Place: Jarw= 16,1997. At 9:00 AM, Plaza Room - Edmonds'Library 650 Main Street TABLE OF CONTENTS Section Page I. INTRODUCTION ................................................................. I .............................................................. 2, A. APPLICATION ................................................................................................ I .................. I .......... 2 B. RECOMMENDATIONS .................................................................................................................. 2, 11. FINDINGS OF FACT AND CONCLUSIONS ................................................................. . ............. 3 A. SITE DESCRIPTION ................................. I ...................................... ........... .............. .................. 3 B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE ........................ I .............. 3 C. EDMONDS COMPREHENSIVE PLAN COMPLIANCE ...................................... I ................................ 5 III. RECONSIDERATIONS AND APPEALS ....................... I ........................ I ........ ............................... 6 A. REQUEST FOR RECONSIDERATION ......................................................... .................................... 6 B. APPEALS ................................................................................... ......................................... I ...... 6 IV. LAPSE OF APPROVAL ............................................................. .......................................... .......... 6 V. NOTICE TO THE COUNTY ASSESSOIL .................... ........................................ L .................... �6 VI. APPENDICES ................................................. ........ ............. I ....... .............. L ............ ........... 71.1. VII. PARTIES OF RECORD ............................. ........................................................... ............... ....... 7 CU96-149MOC /,Dc�cMber 26�: !�9�:� �toff epprt, 0 "4; '44-3-' s 6 U) U. 0 Ol uj z z LU W; cl); 0 LU Lul L) z LU Cl) z 10 LU _j L) 0, (n 0i U) LM LU _j (j) LL. 0 LU 2 � g :3� U. < M (n Lu. Z �_ 0, Z �_L LU UJI ML 0— C3 �- LU LUI LL_ 0 Z Lu tn 0 Z to P�gc 4 of 7 C,omi2rehensive P1 The proposed use is compatible with the Comprehensive Plan. Zoine Ordinance - That the proposed use, and its J*aLtion, 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. Transferability - The Hearing Examiner shall determine whether the conditional use permit shall run with the land or shall be personal. (2) The applicants have stated in their declarations or shown on their plans the following: The proposal is consistent with the ComprehensivePlan in that the area is designated for residential use which is what they are proposing. The zoning ordinance allows for "Accessory Dwelling Units!' in a singlefunily zone if a Conditional Use Permit is approved. Assuming theproposed Conditional Use Permit is approved, the "Accessory Dwelling Unit" will be, consistent with the Zoning Ordinance. Because six on -site. parking stalls will be provided and the small addition will not appear to be any more, than an addition to a L Single . fwnily house the proposed "Accessory Dwelling Unif' Wi .11 L not be,detrimental to the, public health, safety an welfare, or to nearby private property or, improvements (see Attachments 3 & 4). b) Conclusions: (1) See Section ILCA (page 5) of this report for a discussion on how this proposal is consistent with the Comprehensive Plan for the City of Edmonds. (2) See Section 11.13.1-3 (pages 3-5) of this report for a discussion on how this proposal is: consistent with the uses allowed in the Zoning Code of the City of Edmonds. (3) The proposed application should not have any negative impact to surrounding, properties in that four on -site parking stalls will be provided and the small addition will not appear to be any more than an addition to a single fmily house. (4) The permit should not be transferable. 3. ECDC Chapter 20.21 (ACCESSORY DWELLING UNITS) a) Eagb: (1) ECDC Section 20.21 contains a purpose for the Accessory Dwelling Unit Ordinance which includes the following* "A secondary purpose is to permit persons withfinancial har,*hjpS to establish accessory dwelling units in order to meet the high cost ofhome ownership. (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 dwellffig W which the proposed unit is' to, be .0 7, 1 0 Kathleen Riddle File No. CU-96-149 Page 5 of7 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 z residence and the accessory dwelling unit. Z Lu, Parking. Three off-street parking spaces shall be provided for a single-family cc residence with an accessory dwelling unit. Number of Units. Only one accessory dwelling unit shall be approved for each _J U 0 primary single-family dwelling. to U) LU Occupancy. The primary dwelling or the accessory dwelling unit shall be occupied by LU the owner of the subject site as long as the accessory dwelling unit is used for dwelling (n LLJ 0 purposes separate and distinct from the primary dwelling. In no event shall the total W number of occupants exceed one family as defined in this code. Safety, Light, Ventilation, Floor Area and Similar Factors. Accessory dwelling LL <1 units shall comply with all applicable requirements of the Uniform Building Code rn adopted by ECDC Title 19 and shall comply in all respects with the provisions of the UJ Edmonds Community Development Code. No conditional use permit for an accessory z dwelling unit shall be issued to a nonconforming structure unless that structure is 0 brought into conformance with the then current provisions of the Edmonds Community Z I-- Lu W Development Code. (3) The applicants have stated in their declarations or shown in their plans the following: 0— 0 Kathleen Riddle has owned the property for approximately 6 years (see Attachment , 3). UJ !� 0 An addition will be built on the home which maintains the single family character and appearance of the residence (see Attachments 3 & 4). O'� 0 Four on -site parking spaces will be provided on the property (see Attachments 3 & 4). Z, W Cn 0 Only one Accessory Dwelling Unit is proposed (see Attachments 3 & 4). L) :F 0 Ms. Riddle will occupy one of the two units once completed. 0 z (4) The proposed addition will be reviewed by the Building Division for compliance with,the UBC upon submittal of a building permit application. (5) A site inspection of the property by the Engineering Division indicates that . adequate parking is available on -site, however some paving will be required at the time of building permit application. b) Conclusion (1) See Section II.B.2 (pages 3-4) of this report for a discussion on how this proposal is consistent with the Conditional Use Permit criteria for the City of Edmonds. 0 (2) Ms. Riddle will reside in one of the two units therefore, the propos I ed application appears to comply with all the criteria for an Accessory Dwelling Unit and the intent of the ordinance. C. Edmonds Comprehensive Plan Compliance 1. Land Use a) Facts: The City of Edmonds Comprehensive Plan has some goals and'policies stated in the Land Use Element, under Residential Development which relate to the subject proposal. (1) LAND USE - Residential Development B.4. "Support retention and rehabilitation. of older housing within Edmonds whenever it is economicallyfeasible, (2) The Comprehensive Plan designates the subject property Single Family - Small L'ot"'.:,"' CU96449.DOC /December 26,19967,Stafr�,.t- To� 7% L k,!� IV. MA to (1) The,proposed project is attempting to retain and rehabilitate existing older housing within Edmonds. (2) The proposed use is located in a Single Family - Small Lot area on the Comprehensive Plan and is therefore consistent with the Land Use designation of the Comprehensive Plan for its location. 2. Housing a) FALtU: Tlfe City of Edmonds Comprehensive Plan has some goals and policies stated in the Housing Element which relate to the subject development proposal. , (1) HOUSING - Goal G.2.b. "Provide for accessory housing in single family neighborhoods that addresses the needs of extendedfamilies and encourages housing affordability. " b), Conclusion: The proposal is to create an accessory dwelling unit on a developed single family lot which is consistent with the Comprehensive Plan for housing opportunities. RECONSIDERATIONS AND APPEALS, The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. Request for Reconsideration Section 20. 100.0 1 O.G allows for the Hearing Examiner to reconsider his decision o'r.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. B. 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 and the date of the decision, the name 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 ten (10) working days 4fter the date of the decision being appealed. LAPSE OF APPROVAL Section 20.05.020.0 states'Unless the owner obtains a building permit, or if no building is required, substantially commences the use allowed within one year from the date of approval, the conditional use perm it shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date.' NOTICE TO THE COUNTY ASSESSOR The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessors Office. CU96-149.DOC lkc�mbcr 26 1996/ -StaffRepo 21�� 4 0 cn LL( 0 LL. sc I LU Cn U � 15 �- z E 0 i(4thlepti die - File No.-CU-0644 p age 7 of T. YL; APPENDICES. Attachments I through 4are attached Vicinit� and'Zoni ng Map 2. Appikation 3, Applicant's Declaration' 4. Site Plan and Elevations VIL PARTIES OF RECORD 6. .�. , Kathleen Riddle IVIS,op En ineerin , . P1 D 213�07 0 1 st Ave. West Public Works Division, Parks Division. Edmonds, WA 98020 -Fire' 46en n 4 % CU96 49.PM—�, iiiili&26, 10061 Si�mpoft 2 Wcinity and Zoning Map ATTACHMENT 1 File No. CU-96-149 t