23904 EDMONDS WAY.PDF11111111111111
11037
23904 EDMONDS
WAY
112- Z
C. 189
CITY OF EDMONDS
121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 * FAX (425) 771-022 1
Website: www.d.edmondsma.us
DEVELOPMENT SERVICES DEPARTMENT
Planning - Building - Engineering
March 3, 2003
Frank's Automotive
ATTN: Frank Harrison or Current Owner
23904 Edmonds Way
Edmonds, WA 98020
.Dear Mr. Harrison or current owner,
46
GARY HAAKENSON
MAYOR
There has been a complaint submitted to the City of Edmonds that states that
your business, Frank's Automotive, has 'Junk vehicles", "outdoor storage of
commercial vehicles" and "blackberries growing over cars." The purpose of this
letter is to notify you of the applicable City regulations regarding the operation of
your business at 23904 Edmonds Way, and to follow up on the complaint.
Business location and zoning:
Your business is located in a Single -Family Residential Zone (RS-8). This is a
zone that does not allow auto repair shops. However, the property is within an
area that was annexed to the City of Edmonds on October 16, 1995. Since the
auto repair shop has existed for.some time at this location and certainly prior to
annexation, the business is considered to be a legally non -conforming use. A
non -conforming use is a use that was once allowed by land use regulations but is
no longer allowed because of a change in these regulations. In your case, an
annexation resulted in a City of Edmonds zoning designation for the site that
does not allow the current use of the site.
The Edmonds Community Development Code (ECDC) states that any
commercial use located in a residential zone shall be discontinued within 15
years after the use first became nonconforming. Your business will be required
to be discontinued within 15 years of the date of annexation. You may make an
application to extend this period. This process is briefly explained in the attached
section of the ECDC Sections 17.40.010.D and E.
Incorporated August 11, 1890
.Siqtpr Citu - Hp.kinan JAnpin
Another option that may be appropriate for your situation would be to apply for a
"rezone" of the site to a zone that would require a special type of permit for your
business but, would not require your business to be discontinued. If you would
like more information on either of these processes and how they may apply to
your location, please contact me.
Potential Violations:
The City understands that your business is an auto repair shop. The way that an
auto repair shop is assumed to operate is that customers come to the shop to
drop off their vehicles for repair. The vehicles are taken inside to be repaired,
then parked outside for a short time until the owners come to pick them up. Any
vehicles on the property should only remain there for a period of time that would
be a reasonable amount of time for repair of the vehicle.
The complaint alleges that there may be vehicles that have been there for some
time, perhaps used for parts cars. If there are cars on the property that are there
for a longer period of time, for any reason, these cars will be considered to be
either junk vehicles or the outdoor storage of vehicles. Neither of these are
permitted in your situation. Working on vehicles outside is also not considered to
be a permitted aspect of an auto repair shop.
Summary:
This letter has provided you with notice of the non -conforming status of your
business, Frank's Automotive. It has also provided you with information on
regulations relating to the operation of your business and the complaint that has
been received. I assume that you are not intentionally violating City regulations
but that you just may not have been fully aware of these regulations. However,
the City has an obligation to follow up on complaints. If you have any questions,
or would like further information, please give me a call at (425) 771-0220.
Sincerely,
Star Campbell
Assistant Planner
c: Jeannine Graf, Building Official
Attachment
Edmonds Communitievelopment Code 17AO.010
0
Chapter 17.40
NONCONFORMING USES, BUILDINGS,
SIGNS AND LOTS
Sections:
17.40.000
Purpose.
17.40.010
Nonconforming uses. —
17.40.020
Nonconforming buildmigs.
17.40.025
Nonconforming accessory
dwelling units.
17.40.030
Nonconforming lots.
17.40.040
Nonconforming signs.
17.40.050
Nonconforming community
facilities.
17.40.000 Purpose.
The purpose of this chapter is to allow cer-
tain nonconforming uses, buildings and lots to
continue while prohibiting furtlier nonconfor-
mity. Other nonconforming uses, buildings,
signs and lots, whichare declared to be nui-
sances, are required to be eliminated.
17.40.010 Nonconforming uses.
A. Definition. A nonconforming use is one
which was once allowed by applicable land
use regulations, but is no longer allowed, due
to the passage or later change of this zoning
ordinance and where applicable its predeces-
sor.
B. Continuation. A nonconforming use
,,may continue, unless required to be abated by
subsection C of this section, but it may not be
expanded in any way, including additional lot
area, floor area, height, number of employees,
equipment, or hours of operation except as oth-
erwise provided in ECDC 17.40.050.
C. Abatement. Any commercial, business
or industrial use located in a residential zoned
district or in the OS zoned district shall be dis-
continued within 15 years after the use first
became nonconforming. If the affected use is
not operated in a building, it shall be discontin-
ued within three years of the notice. These time
periods may be extended under subsections D
and E of this section. The time shall commence
from the time the use first became noncon-
forming under this code, and where applicable,
its predecessor.
D. Notice to Owner. The community devel-
opment director shall notify each property
owner affected by subsection C of this section.
The notice shall state the provisions of subsec-
tion C, and that the owner may apply within
one year of the date of the notice for an
extended amortization period. The notice shall
be filed for record with the county auditor.
Failure to provide notice, or to record the
same, shall not extend the mandatory time of
conformance or discontinuance.
E. Extended Amortization Application.
The owner shall, with his application, deposit
$500.00 with the city to cover the cost of the
city hiring an economic consultant to provide
an analysis of what amortization period would
be reasonable in terms of the particular use and
the owner's investment. The application shall
be processed in the same manner as a condi-
tional use permit (Chapter 20.05 ECDC). The
hearing examiner shall base his decision on the
data contained in the economic analysis, plus
other information introduced at the hearing,
including information on the significance of
the use's incompatibility with nearby residents
or property. The city shall refund any portion
of the $500.00 deposit not used in processing
the application.
F. Recorded Notice. After the one-year
period has passed, or an extended amortization
application has been processed, the commu-
nity development director shall file for record
with the county auditor, a notice of the date by
which the nonconforming use must be discon-
tinued.
G. Lapse of Time.
1. If a nonconforming use ceases for a
continuous penod of six months, any later use
of the property occupied by the former non-
conforming use shall conform to this zoning
ordinance.
2. If a nonconforming residential use
ceases because its building is Aamaged in
excess of 50 percent of its value, the use may
17-10.1
(Revised 5/01)