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CITY OF EDMONDS
250 STH "ENUE NORTH - EDMONDS, WA 98020 - (206) 771-0220 - FAX (206) 771.0221
HEARING EXAMINER
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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).,�
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(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.
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and is developed with single family homes (see Exhibit A, Attachment
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and is developed with single family homes (see Exhibit A, Attachment
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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,
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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
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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
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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.
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The permit should not be transferable.
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I. ECDC Chapter 20.21 (ACCESSORY DWE LLING UMTS)
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_al.Facts:
(1) ECDC Section 20.21 contains a purpose for the Accessory Dwelling
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Unit Ordinance which includes the following: "A secondary purpose is
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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
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Accessory Dwelling Units. According to the aforementioned code
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section, "No Accessory Dwelling Unit may be approved unless all the
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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
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ECDC 20.05.010.
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Existing Residence. The single-family dwelling in which the
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proposed unit is to be built shall be owned and occupied for at least
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two years by the applicant or the waiver criteria established by,
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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
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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
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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.
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Safety, Light, Ventilation, Floor Area and Similar Factors.,,
Accessory dwelling units shall comply. with all. applicable..�
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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
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area on the
1-01nprehensive Plan and is therefore consistent with the Land Use
designation of the Comprehensive Plan
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for its location.
2. Housing
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Policies stated in the Housing
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Element which relate to the subject
development proposal.
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(1) HOUSING - Goal G.2.b. "Provide for accessory housing
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b) Conc : The proposal is to create an accessory dwelling unit on a
develoned single family lot which is
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consistent with the Comprehensive
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DECISION
Based upon the foregoing findings and conclusions, the request for a conditional use permit is
approved, subject to the following
conditions:
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This application is subject to the applicable requirements contained in the
Edmonds Community Development
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Code. It is the responsibility of the
applicant to ensure compliance
with the various provisions contained in
ordinances. these
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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
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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
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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
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Case No.CU-96-149
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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 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,
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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 ............................. ........................................................... ............... .......
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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
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residence and the accessory dwelling unit.
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Parking. Three off-street parking spaces shall be provided for a single-family
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residence with an accessory dwelling unit.
Number of Units. Only one accessory dwelling unit shall be approved for each
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primary single-family dwelling.
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Occupancy. The primary dwelling or the accessory dwelling unit shall be occupied by
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the owner of the subject site as long as the accessory dwelling unit is used for dwelling
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purposes separate and distinct from the primary dwelling. In no event shall the total
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number of occupants exceed one family as defined in this code.
Safety, Light, Ventilation, Floor Area and Similar Factors. Accessory dwelling
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units shall comply with all applicable requirements of the Uniform Building Code
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adopted by ECDC Title 19 and shall comply in all respects with the provisions of the
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Edmonds Community Development Code. No conditional use permit for an accessory
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dwelling unit shall be issued to a nonconforming structure unless that structure is
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brought into conformance with the then current provisions of the Edmonds Community
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Development Code.
(3) The applicants have stated in their declarations or shown in their plans the following:
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0 Kathleen Riddle has owned the property for approximately 6 years (see Attachment , 3).
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appearance of the residence (see Attachments 3 & 4).
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0 Only one Accessory Dwelling Unit is proposed (see Attachments 3 & 4).
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0 Ms. Riddle will occupy one of the two units once completed.
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(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.
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(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-
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(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/
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File No.-CU-0644
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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
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213�07 0 1 st Ave. West Public Works Division,
Parks Division.
Edmonds, WA 98020
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CU96 49.PM—�, iiiili&26, 10061 Si�mpoft
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Wcinity and Zoning Map
ATTACHMENT 1
File No. CU-96-149
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