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409 3RD AVE S.PDF111111 lill 11 4975 409 3RD AVE S ADDRESS: lz��b TAXACCOUNT/PARCELM BUILDING PERMIT (NEW STRUCTURE) COVENANTS (RECORDED) FOR: CRITICAL AREAS #: DETERMINATION: 0 Conditional Waiver El Study Required El Waiver CRITICAL AREAS #: DETERMINATION: F] Conditional Waiver Study Required E] Waiver DISCRETIONARY PERMIT #'S: DRAINAGE PLAN DATED: PARKING AGREEMENTS DATED: EASEMENT(S) RECORD FOR: PERMITS (OTHER — list permit #'s): PLANNING DATA CHECKLIST DATED: SCALED PLOT PLAN DATED: la,4�2� SEWER LID FEE $: LID #: SHORT PLAT FILE: LOT: BLOCK- F SIDE SEWER AS BUILT DATED: SIDE SEWER PERMIT(S) #: GEOTECH REPORT DATED: STREET USE/ENCROACHMENT PERMIT #: FOR: WATER METER TAP CARD DATED: OTHER: L:\TEMP\DST's\Forrns\Jana's Street File Checklist 5-14-08.doc 1§r6te WA 12" 101 31 .1 3.51 Storage/ op 221 Y 135 I Laundry 0 L (c ;2- It' c 20' Walkwin Full 26.5' Den closet p L' VfVjtchen Bath Bedroom 1 51 Nook 81 Walk-in Closet 10, 10, Master Deck Living Room Bedroom 11 . 5 ZONE 10 1 rt ql�k RECEIVED JAN 12 2004 - no SETBACKS: FRONT S.IDE— REAR- OTHER HEIGHT— JAN 4 PERMIT COUNTER zm- 2- If APPROVED B PLANNING V391 c4 . rc 4.1 1 ;( t4ee PW r"j -4, &*-aq,0 z1 &- �; 4o. STREET FILE 12' 10, 3.51 to rage/ 8 Laundry olvv� 51 —2-01 Full Walk-in 26.51 Kitchen Den Bath Closet Bedroom 5' Nook 81 Walk-in Closet 26 JtF K N An 10, OlMaster et 10, Deck Living Room 5. 11.5 11.5 Bedroom 11 . . T 10, 2-20 E D JAN 12 2004 PERMIT COUNTER JAN PERma couNTER APPROVED qPLANNING P- 4'T1191,?,x,4- zl &-- �; o - APPLICATION for The City of Edmonds SEDE SEWER PERMT EASEMENT No . ............. L ............................ NEW CONSTRUCTION 0 REPAIRS 0 OWNER...... ...................................... CONTRACTOR ............................................................... ......... --- .................. PERMIT No . ...................... ..O.q ADDRESS .... hya.,...S ........................................... LEGAL DESCRIPTION: LOT No . ..................... . ....................... BLOCK No . ............................................ NAMEOF ADDITION ............................................................................................................ i jctne-I 19.7c;- 0 VC- -rQ- S-i-Cd OA 60-WajZy Approved: DATE................................................ By ............................................................... Avt November 09, 2003 I Lee E. Wasser DOB .12-24-1932 This is my sworn statement as to the property at 409 3' Ave. s. Edmonds, Wash. As I lived on the property at 403 3'-Ave. S.from 1947 until I in 1955. My parents lived at 403 and. after 1955 1 visited very often. My memory of the Callahan home includes the attached workshop at the back of their home. It was there as long - as I can remember from 1947 on, and I do not know when it was constructed. I spent many hours working on cars with Buzzy (Carl R-Callahan) during our growing. up years and am positive that the workshop was as stated. If you have any questions please contact me at 1822 E. Drake Dr., Tempe, Az 85283 Lee E. Wasser 11111111 4111 0 My name is John H. Kaczka. I am over 18 years of age. This is my sworn statement of fitGu I know to be true regarding the history of structure(s) at 409 3rd. Ave. South Edmonds, WAL from theperiod of 1947 through current time 2003. In the 1940's I was stationed at the Bremerton.Naval shipyard. While stationed at Bremerton, I went to a dance for servicemen in Everett, WA.. There, I met my future bride, Marianne Campbell. I married Marianne inl947. Marriane's mother, Mrs. Bessy Campbell Wasser, and Marriane's step father, ?&. Lee Wasser, and Marriane's broflier� Lee Wasser Jr. lived at 403 3rd. Ave. South in Edmonds, nod door to Carl CAlahan and his first wife Sylvia Callahan, who lived at 409 3rd. Ave. South, along with their son "Buzi" Callahan. I was acquainted with the Callahan, family from the period of 1947 through 1994 when Carl Callahan and his seoond.wife, Gertrude Callahan. sold their home at 409 3rd. Ave. South to my eldest son, John S. Kaczka, and his wife Cheri Kaczka on October 31,1984. These am my statements regarding history of 409 3rd. Ave. South, Edmonds. WA. In the 1940's only the Wasser's house at 403, 3rd. Ave. South, Callahan's place at 409 3rd. Ave. South and what we referred in town as the "Hall mansion7 owned by Al Hall, were present on the 400 block of 3rd. Ave. South. The former Hall mansion is no longer there, where it once good, today is the site of the."Sound View Apartmentsr at 417 3rd. Ave. South. All that remains of the former Hall mansion are the two concrete pilasters at the 3rd Ave. South entry way In the 1940's the area I describe appeared as seen in the sketch provided with this document In the 1940's until Carl Callahan sold the land behind his home at 409 3rd. Ave. South, Callabaii had a big old barn. I used to go out to that bam and work on cars with "Buzz7 Callahan, Carl Callahan's son.' They called that old bam, "Ye olde hot rod shoppd". I can absolutely bear witness to existence of an allached work shop at the rear of Callahan's home, what is being referred to as a shed/lean to. That portion of Callahan's home HAS BEEN AS IT APPEARS TODAY, AN ENCLOSED WORKSHOP AREA. I do not know when Carl Callahan added this workshop area at the rear of his home, it was there when I first became acquainted with Carl and his son "Buze' in 1947. I spent many an hour with Carl in this workshop area of.his home. Carl was a carpenter by trade, and enjoyed Tnaldn garden ornaments of wood in his workshop area One can see the materials used in the construction of this workshop area are very old today, as they were present in 1947 when I first became acquainted with the Callahan family The work shop area bad one door and one window on the East side to what is being referred to as an "alley" today, and one old barn type door and a window on it's South side . Please note in &&-am I have provided that the "alley" access at rear (East) side of my in law's home, Wasser's at 403 3rd. Ave. South curved up, East into Callahan's*other property upon which stood his bam. This old alley path curved, and went parallel to what later became the Southern property line of the address of 3 18 Walnut Stree t when that home was built in 1965. This is my sworn statement that the workshop portion of 409 3rd. Ave. South has been in edstence as it is seen today. as previously described by myself The workshop "lean to/shed issue is rhetoric. No matter what one "cans ir the structure being rekxred to AS SEEN TODAY, HAS BEEN at the South East comer of the house at 409 3rd. Ave. South as long as I have been fairnilia with this house and its history as far back as 1947 as I have stated. It was in existence then, present in 1984 when purchased by John S. and Cherie Kaczka in 1984, and present in 1999 when John S. and Cherie- Kaczka sold the house to Terry and Sharon Dalton. Signed October 16th, 2003 at Edmonds, WA. /0/ 0 0:3 -;,t4L WzF -111, .r * 010/v T tkO A XAO Aok 15"m (PA.. PUBLIC T X 1�4 0 1140 11 P WAS wla.97r rus/-/ C 4 ne--13v)6or a jo pe are oC in 9.'1 f7 14,A) horn e- t4 0 U-) 10 Cl Ave. fcv- ,5 C)4&�(2 D Kov-se— VIOV-) ............ Ocy- &I r V�l sl fit s 4t6; �A OTAI?k Xv :C.) (p PUBUG OX 0 P WASVkN%% P,dW z j - AW: L- o I V 01,4e �P14 6'- _UCCU1 I W(W—WILL F 50 KRETSCW.ULR SUITW Courtney F_ Ro�a 2025 First Ave., Suite 1130 Seattle WA 98121-2100 206A48-1818 206A48-3444 Fox cPlorarnhPaxorn December 17, 2003 Mike Thies City of Edmonds Development Services Department 121 Sth Avenue North Edmonds, WA 98020 Re: Case #ZE-03-196 (409 3rd Avenue South) Dear Mr. Thies: We are writing on behalf of Sharon and Terry Dalton, who reside at 409 3rd Avenue South in Edmonds. The City of Edmonds has received a. land use complaint on the Daltons' property, and you have asked the Daltons to provide certain information to the City to resolve the issues raised in the complaint. A ProFessional Service Corporation As explained in your letter of September 4, 20031 the complaint alleged that a workshop attached to the s ioutheast comer of the Daltons' home was constructed and/or attached to the house without a building permit, and that the workshop encroaches into the required rear yard setback. If the workshop was attached to the Daltons' home after the City of Edmonds adopted its zoning and building regulations in 1956, a building permit would have been required, and setback requirements would. have to have been met. The City has established from Assessor records that the Daltons' home was constructed in 1925. In addition, notes from a 1972 As siessors field appraisal appear to characterize the workshop as a "lean to -No Value," and exclude the square footage of this "lean-to" from the 894 square feet measurement of the primary dwelling. You have reached a tentative conclusion from these notes that "'it appears that sometime after 1972 this 'lean-to' was incorporated into the dwelling unit with oubWe walls and .utilizing an interior and exterior entryway." Because the City has no building permit*on file for this work, you have asked. the Daltons to provide: [E]Vidence of what degree of structure and use were established prior to 1956 to determine what degree of nonconforming building or use may have been established. This evidence would contain the year the "lean to" was constructed and the year the "lean to" was Incorporated as habitable space of the dwelling unit with outside walls and interior and exterior entryways. G:V)dbn TM & She=%1171-W1%porr%WmwdLdot 00 December 17, 2003 Page 2 After receiving your letter, the Daltons attempted to determine. when the workshop was constructed * Uke thecity, the Daltons were unsuccessful in their search of city records. They have, however, located several people With personal knowledge of 409 3rd Avenue South who can definitively state that the workshop, as it appears today, has been in existence since at least 1947. As explained in the attached notarized declaration, John H. Kaczka has been well- acquainted with the attached workshop area behind 409 3rd Avenue South since the late 1940's. Declaration of John H. Kaczka. After outlining a detailed history of his relationship to the former owners of this property, Mr. Kaczka's declaration explicitly states that the attached workshop has been in existence since at least 1947. He further states that the workshop ha s had a door and a window on its east side, and a door and a window on its south side, since he became acquainted with the property. In sum, Mr. Kaczka's swom declaration establishes that the "Workshop portion of 409 3rd Ave. South has been in existence as it is seen today" since the late 1940's. Also attached is a declaration from Lee Wasser, who lived at 403 3rd Avenue South from 1947 through 1955. His swom statement confirms that the attached workshop at the back of the Dalton's home has been there since at least 1947. Declaration of Lee E. Wasser. Because the workshop was constructed and attached tothe Daltons' home well before 1956, it is a legally established use that does not require a building permit and is not required to meet setback requirements. Edmonds Municipal Code section 17.40.010; see also Christianson v. Snohomish Health District 133 Wn.2d 647, 946 P.2d 768 (1997). Based on the attached information, we have demonstrated that the workshop attached to the Daltons' home is a legally established nonconforming use. The City has'no evidence that could contravene the sworn Declarations of Mr. Kaczka and Mr. Wasser. We therefore request written confirmation that the City will take no further action with regard to this complaint. Please feel free to call me With any questions. Very ly yours, CourtnW�. Flora Enclosures CC. . Sharon and Terry Dalton QjDaran Te" & 5ha=%1171-W1%QW%EdMWd5AJOt 1_1 'PC. 1 SW3 CITY OF EDMONDS 121 5TH AVENUE NORTH i EDMONDS, WA 98020 - (425) 7714= - FAX (425) 771-0221 Websfte: wwci.edmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineedng January 9, 2004 Ms. Courtney E. Flora McCullough I -fill Fikso Kretshmer Smith 2025 First Ave., Suite 1130 Seattle, WA 98121-2100 Re: Case #ZE-03-196 (409 - P Avenue South) Dear Ms. Flora, GARY HAAKENSON MAYOR This is in response to your request in -a letter dated December 17, 2003, and the additional letter with fee attached, dated December 29, 2003, regarding the property of Sharon and Terry Dalton at 409 - P Avenue S. In the letter of December 17, 2003, you provided two notarized declarations, one from John H. Kaczka and one from Lee E. Wasser, both stating that they had knowledge of the site from the time before 1956 and they remembered the workshop being constructed as it is today. You requested that the city determine that the workshop was a legally established use that does not require a building permit and does not need to meet setback requirements, and asked for written confirmation that the City will take no fiti-ther action with regard to the complaint. The request has been forwarded to me in the. Planning Division to comment on the - setback issue. The Building Official has confirmed that a building pernift is required for the remodeling work. You have submitted a building permit application, our file number PC-03-315. The building permit application would not have been accepted if the work had n ot required a building permit. If you have any questions regarding the building permit, please contact Jeannine Graf at (425) 771-0220. The following has been stated in other letters and will just be summarized here: 9 1925 — House constructed at 409 - P Avenue South e 1956 — First zoning code requires setbacks and first building regulations requires building permits for attached structures in Edmonds 1972. — Assessor notes the lean-to on the house and states "no value" Site is currently zoned Multiple Residential RM-2.4 which requires a 15-foot rear setback Incorporated August 11, 1890 0 Ms. Courtney E. Flora McCullough Hill Fikso Kretshmer Smith January 9, 2004 Page 2 The following is additional information:. John H. Kaczka knew the property from 1947 to 1984 when the Callahans lived there and his in-laws lived next door at 403 — 3rd Avenue S. and he remembers the attached workshop at the rear of the Callahan's home being there since 1947 with one door and one window ' on the east side and one old barn -type door and a window on the south side. He states that Carl Callahan was a carpenter by trade and used the shed for woodworking. According to his sketch, the Callahans owned the property across the alley to the east. Mr. Kaczka's oldest son and, his wife purchased the property in 1984, and sold it to the Daltons in 1999. Mr. Lee E. Wasser (DOB 12-24-1932) lived at the property at 403 — 3rd Avenue S.' from 1947 until 1955, and since his parents continued to live at 403 — Yd Avenue S. he visited afterwards. He also remembers the attached workshop bei there Ing since 1947. 1 believe Mr. Wasser is the brother-in-law of Mr. Kaczka. • According to the legal description from the County records,, the property is 55 feet by 130 feet. • The dimensions given in the site plan do not add up to 130 feet. 90 Front setback 41.5 Length of house 3 Rear setback 134.5 Feet Total We accept the sworn statements of Mr. Kaczka and Mr. Wasser as proof that the workshop area has existed since before the City of Edmonds regulated setbacks. Therefore, the setback of the workshop is considered legal nonconforming and the workshop may be continued and maintained at that setback per ECDC 17.40.020.B. The workshop and house may not, however, be changed or altered in any manner which increases the degree of nonconformity of the building. Edmonds Community Development Code section 17.40.020 addresses nonconforming buildings and that code section is enclosed. Because the work that has been done does require a building permit, the Daltons will have to continue pursuing their building permit. Please respond to any plan review corrections. It also appears that the front setback on the site plan may have been rounded to 90 feet. Please revise the site plan on PC-03-315 so that the total distance.from east to west does not exceed 130 feet. You had also requested the resolution.authorizing the city to charge a fee to respond in writing to a request for status/compliance letter. The resolution authorizing that is attached. Ms. Courtney E. Flom McCullough Hill Fikso, Kretshmer Smith January 9, 2004 Page 3 If you have any further questions, please feel free to call me weekdays (e'xcept Wednesday) at (425) 771-0220, extension 1330. Sincerely, M rwell Senior Planner Sharon and Terry Dalton Mike Thies,.Code Enforcement GARY HAAKENSON CITY OF EDMONDS MAYOR 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 FAX (425) 771-0221 Website: wwwxi.edmondsma.us DEVELOPMENT SERVICES DEPARTMENT IP C. 1 Plannin 9 - Building - Engineering Terry & Sharon Dalton 4093 d Avenue South January 16,2004 Edmonds, Washington 98020 RE: Permit to insulate and sheetrock existing unheated, attached rear storage room Dear Mr. & Mrs. Dalton; The purpose of this letter is to clarify permitting, as well as, storage and habitable spate headroom requirements of the Uniform Building Code. The City is required to adopt the State Building Code; the current adopted edition is the 1997 Uniform Building Code (UBC). UBC Section 106.1 entitled Permits Required, states, ...no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, converted or demolished unless a building permit has first been obtained from the building official. Your project for the existing attached unheated storage room was to insulate and sheetrock the walls and ceiling areas. Clearly this is altering and improving an existing condition thus. a building pen -nit is required. Since it remains unheated, the code will not dictate the R value of insulation (however, be advised, if the room was heated the existing R value of insulation installed would.not comply to code). Regarding the headroom issue, after you submitted your building pennit application Our review requested that you clarify the pre-existing use and headroom height for this area. YOUr response was this room was used and maintained as storage/shop and that the finished headroom would be seven feet on the high side and 6 feet 4 inches on the.low side. Because the UBC does not regulate the headroom height of storage areas, adding sheetrock on the ceiling would be permitted. However, if You intend to use the area also as a shop, minimum required headroom for this type Of US6 is seven feet and the sheetrock would have to be eliminated from the ceiling because the added sheetrock is creatinLy a more non -conforming element (headroom) of the code. There are however, two potential ways I that this could be resolved; first, you could attempted. to meet the slope ceiling provisions of UBC3 ) 10.6.1 (copy of code enclosed) which allows a portion of the room to have a sloped ceiling less than 7 feet, or, you could acknowledge that this room is for storage only (not shop). If you chose the first option, Your floor plan would need to be re -drawn to scale to clearly'show the finished headroom heiglit and floor squ i are footage area, as the room slopes from the highest to lowest point. If YOU choose tile second option, you would need to revised the plans and pen -nit on file with the City to indicate storage only for this room. Please coordinate your revisions with Theresa Umbaugh, the Permit Coordinator assigned to your project. Call me directly if you have any questions about specific code requirements. Sinc.5e_rely, Jeannine L. Gra Building Official Incorporated August 11, 1890 0 Sister City - Hekinan, Japan Inc. 18913 0 0 V/,-.-- Z2-�14) A) CITY OF EDMONDS 121 STH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771 FAX (43) M -=1 -Website: wwd.edmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering - September 4, 2003 Terry Dalton 4093 rd Ave. S.' Edmonds, WA. 98020 Case: # ZE-03-196, Plan Check # 03-315 Subject Property: 409 P Ave. S., Edmonds, WA. 98020 Dear Mr. and Mrs. Dalton, -GARY HAAKENSON MAYOR As you're aware, the City has received a complaint for the subject'property regarding construction at the southeast comer of your dwelling unit without a building permit which encroaches into the rear yard setback. You have submittedan application* to drywall a storage/shop at the southeast comer of your dwelling unit. In reviewing building and assessor records it appears that a "lean to" in this area was possibly in existence prior to 1972 and definitely in existence between 1972 and 1991in the area as shown on your remodel plans. It appears that sometime after 1972 this "lean to" was incorporated into the dwelling unit with outside wall s and utilizing an interior and exterior entryway. There are, however, no permits on file for this work. The following facts are known: According to Assessor's records the primary dwelling was constructed in 1925. The first City zoning and building regulations were adopted in 1956 which did contain setback regulations. 9 A building permit would have been required for a structure attached to a dwelling in 1956 to the current time whether a lean to or habitable space. • Noted in 1972 in the Assessor's field appraisal data notes was the existence of a "lean to - No Value". Also noted was the primary dwelling unit consisting of 894 square feet, not including the lean . to in question or the deck at the northwest comer of the dwelling. • A rear yard setback required today is 15 feet in the RM -2.4 zone. • The current submitted site plan for the storage/shop shows a 12 foot setback from the rear property line abutting the alley. • Previous measurement of the alley shows an 18 foot 7 inch alley width. 0 Incorporated Auqust 11, 1890- 0 9/4/2003 Dalton, ZE-03-196, 409 3" Ave. A measurement of 22 feet was taken from the "lean to" to the fence on the east side of the alley (404 40'Ave. S.). The following information needs to be substantiated to fully address your application: e Provide evidence of what degree of structure and use were established prior to 1956 to determine what degree of nonconforming building or use may have been established. This evidence would contain the year the "lean to" was constructed and the year the "lean to" was incorporated as habitable space of the dwelling unit with outside walls and interior and exterior entryways. Verify the accurate distance from the lean to/storage shed to the rearproperty line. Once that information has been submitted and reviewed, the' City can determine the appropriate direction of your building application. Please call if you have any questions. Thank you in advance for your cooperation and assistance. Sincerely, Mike Thies Code Enforcement Inspector thies(a),ci.edmonds.wa.us din .1,81fil g�Official -CUILOUG-V VILL F1VSO_KRETSCWUEt SUIT6 A Professional Service Corporation CAultney F_ Rom 2025 Rmt Ave., Suite 1130 Seettie WA .98121.2 100 206-448-1818 206A48-3444 Fox CFloM@MhAXXOM December 17, 2003 Mike Thies City of Edmonds Development Services Department 121 5hAvenue North Edmonds, WA 98020 . . Re: Case #ZE-03-196 (409 3rd Avenue South) Dear Mr. Thies: We are writing on behalf of Sharon and Terry Dalton, who reside at 409 3' Avenue South in Edmonds. The City of Edmonds has received a. land use complaint on the Daltons' property, and you have asked the Daltons to provide certain information to the C!tV.tD resolve the issues raised in the complaint. As explained in your letter. of September 4, 2003, the complaint alleged that a workshop attached to the southeast comer of the Daltons' home was constructed and/or attached to the house without a building permit, and that the workshop encroaches into the required rear yard setback. 9 the workshop was attached to the Daltons' home after the City of Edmonds adopted its zoning and building regulations in 1956, a building permit would have been required, and setback requirements would have to have been met. The City *has established from Assessor records that the Daltons' home was . constructed in 1925. In addition, notes from a 1972 Assessors field appraisal appear to characterize the workshop as a "lean to -No Value," and exclude the square footage of this "lean-to" from the 894 square feet measurement of the primary dwelling. You have reached a tentative conclusion from these notes that "it appears that sometime after 1972 this 'lean-to' was incorporated into the dwelling unit with outside walls and -utilizing an Interior and exterior entryway.ff Because the City has no building permit on file for this work, you have asked. the DaltDns to provide: [E]vidence of what degree, of structure and use were established prior to 1956 to determine what degree of nonconforming building or use may have been established. This evidence would contain the year the "lean to" was constructed and the year the "lean to" was Incorporated as habitable space of the dwelling unit with outside walls and interior and exterior entryways. G:V)ab% Te" & Shwon%1171-001%axr%ftra%bAbt December 17, 2003 Page 2 After receiving your letter, the Daltons attempted to,determine when the workshop was constructed. Uke the City, the Daltons were unsuccessful in their search of city records. They have, however, located several people With personal knowledge of 409 Yd Avenue South who can definitively state that the workshop, as it appears today, has been in existence since at least 1947. As explained in the attached notarized declaration, John H. Kaczka has been well- acquainted with the attached workshop area behind 409 3d Avenue South since the late 1940's. Declaration of John H. Kaczka. After outfining a detailed history of his relationship to the former owners of this property, Mr. Kaaka's declaration explicitly states that the attached workshop has been in existence since at least 1947. He further states that the workshop has had a door and a window on its east side, and a door and a window on its south side since he became acquainted with the property. In sum, Mr. Kaaka's sworn declarZon establishes that the "workshop portion of 409 3rd Ave. South has been in existence as it is seen today" since the late 1940's. Also attached is a declaration from Lee Wasser, who lived at 403 3rd Avenue South from 1947 through 1955. His sworn statement confirms that the attached workshop at the back of the Dalton's home has been there since at least 1947. - Declaration of Lee E. Wasser. Because the workshop was constructed and attached to the ' Daltons'home well before 1956, it is a legally established use that does not require a building permit and is not required to meet setback requirements. Edmonds Municipal Code section 17.40.010; see also Christianson v. Snohomish Health Disbi 133 Wn.2d 647, 946 P.2d 768 (1997). Based on the attached information, we have demonstrated that the workshop attached to the Daltons' home is a legally established nonconforming use. The City has no evidence that could contravene the sworn Declarations of Mr. Kaczka and Mr. Wasser. We therefore request written confirmation that the City will take no further action with regard to this complaint. Please feel free to call me with any questions. Very ly yours, CouMW Flora Enclosures cc. Sharon and Terry Dalton G:Y)dbr4 Te" & Sharw%1171-W1Vvr%EdmmdsAat My name is John I-L Kaczka. I am over 18 years of age. This is my swom statement of facts I know to be true regarding the history of structure(s) at 409 3rd. Ave. South Edmonds, WA- from theperiod of 1947 through current fm 2003. In the 1940's I was stationed at the Bremerton Naval ship3mrd. While stationed at Bremerton, I went to a dance for servicemen m Everett, WAL There, I met my fiaurebrideMarianneCampbell. I married Marianne in.1947. Marriane's mother, Mrs Bessy Campbell Wasm, and Mu=e's step father, Mr Lee Wassff, and Marriane's brother, Lee Wasser Jr. lived at 403 3rd. Ave. South in Edmonds, next door to Carl Callahan and his first wife Sylvia Callahan, who lived at 409 3rd. Ave South, along with thw son "Buzz7 Callahan. I was acquainted with the Callahan. family from the period of 1947 through 1994 when Carl Callahan and his second.wife, Gertrude Callahan sold their home at 409 3rd. Ave. South to my eldest son, John S. Kaczka, and his wife Cheri Kaczka on October 31,1994. These are my statements regu*ng history of 409 3rd. Ave. South, Edmonds WA. In the 1940's only the Wasser's house at 403, 3rd. Ave. South, Callahan's place at 409 3rd. Ave. South and what we reftred in town as the "Hall mansion7 owned by Al Hall, were present on the 400 block of 3rd. Ave. South. The former Hall mansion is no longer there, where it once good, today is the site of the "Sound View Apartments7 at 417 3rd. Ave. South. All that remains of the former Hall mansion am the two concrete pilasters at the 3rd Ave. South entry way In the 1940's the area I describe appeared as seen in the sketch provided with this document. In the 1940's until Carl Callahan sold the land behind his home at 409 3rd. Ave. South, Callahan had a big old barn. I used to go out to that bam. and work on cars with "Buzz7 Callahan, Carl Callahan's son. They called that old bam, "Ye olde hot rod shoppe. I can absolutely bear witness to existence of an attached work shop at the rear of Callahm's home, what is being referred to as a shedAean to. That portion of Callahan's home HAS BEEN AS rr APPEARS TODAY, AN ENCLOSED WORKSHOP AREA. i do not know when Carl Callahan added tins workshop area at the rear of his home, it was there when I fu-st became acquainted with Carl and his son "Buze in 1947. I spent many an houi with Carl in this workshop area of.his home. Carl was a carpenter by trade, and enjoyed malds garden ornaments of wood in his workshop area. One can see the materials used in the construction of this workshop area are very old today, as they were present in 1947 when I fir-st became acquainted with the Callahan family The work shop area bad one door and one window on the East side to what is being referred to as an "alley" today, and one old barn Mx door and a window on it's South side . Please note in diagram I have provided that the "alley" access at rear (East) side of my in lWs home, Wasser's at 403 3rd. Ave. South curved up, East into Callahan's other property upon which mod his bam. This old alley path curved, and went parallel to what later became the Southern property line of the address of 318 Walnut Street when that home was built in 1965. This is my sworn statement that the workshop portion of 409 3rd. Ave. South has been in exis� as it is seen today, as previously described by myself The workshop "lean to/shed issue is rhetoric. No matter what one "calls if the structure being refiffed to AS SEEN TODAY, HAS BEEN at the South East comer of the house at 409 3rd. Ave. South as long as I have been familia with this house and its history as farback as 1947 aslhave statecL Itwas inexistence then, present in 1984 when purchased by John S. and Cherie Kaczlm in 1984, and present in 1999 when John S. and Cherie Kacz" sold the house to Terry and Sharon Dalton. Signed October 16th, 2003 at Edmonds, WA. 6 0.3 ..ZNX SIO/V4q TA9 CP P(J8 LIG X !fill WA6) wla,671' 4 nen�3b 6o' a 10 pe are 0- n -Li '*7 Ci e4 V NO old 11172.1 home Hal) Mani, 0 t4ou.) q 403 414 fc.)L c 14oW D q sm O-t & .0 AOT PUSUG 0- '...4. a - 011 All, X 0 P WAS 0- .r P14 -q-07 November 09, 2003 I Lee ' E. Wasser DOB 12-24-1932 This is my sworn statement as to the property at 409 314 Ave. s. - Edmonds, Wash. As I lived' on the property at 403 YdAve. S from 1941 until I in 1955. My parents lived at 403 and after 1955 1 visited very often. My memory of the Callahm home includes the attached workshop at the back of their home. it was there as long a*s I can x�ejnexriber from 1947 on, and I do not know when it was constructed. I spent many hours working on cars with Buzzy (Carl ILCallahan) during our growing up years and am positive that the workshop was as stated. If you have any quesuons please contact me'at 1822 E. Drake Dr., Tempe, Az 85283 Lee E. Wasser C. TULIPANA N otary Public - Arizona Madcopa CouniV Mv Commission E)pIres May 26, 2004 0 . . . . . . . . . . . . . . . . . . ... . .. ............ 0 0 0 0 0 0 0 .0 0 0 A -ro' NO �JA 0 0 0 6 0 0 0 .6(o. 2�6 . .1 9 0 0 0 0 0 o 0 0 0 o 0 A o 0 APPRAISAL DATA DEPUTY MONTH DAY YEAR REMARKS: ..�tTLE 4u A. 2Z.'79'. Rtlo ri, SKL 7 �27032300411200 DALTON TERRY 409 3RD AVE, SEDMONDS,WA,98020,USA ADMINISTRATIVE INFORMATION OWNERSHIP TaxID 23270341120006 Printed 08/12/2003 Card No. I of I PARCEL NUMBER DALTON TERRY TRANSFER OF OWNERSHIP 27032300411200 Parent Parcel Number UNKNOWN CONVERSION,UNKNOWN,WA,USA Date 08/04/1999 JOHN/CHERIE KACZKA Doc 479371 Property Address $187250 409 3RD AVE S EDMONDS WA 98020 USA SEC 23 TWP 27 RGE 03 RT-112) BEG 30FT E OF SW COR 10/01/1984 Doc #: 13907 SE1/4 SEI/4 SEI/4 TH E 130FT Neighborhood TH N 55FT TH W 130FT TH S 55iT TO POB 3205000 Coml Nbhd 3205 Edmonds RIECEIVEID n Property Class ill 111-Single Family Residence TAXING DISTRICT INFORMATION AUG 1 4 2003 1"ZIE'SIDENTIAL Jurisdiction 031 Area 001 VALUATION RECORD DEVELOPMENT SERVICES Corporation 015 Assessment Year 1998 1999 01/01/2003 Section & Plat 0 Reason for Change Routing Number 2703234 4Y Reval VALUATION L 81000 108000 174200 0 B 30600 32900 4900 Site.Description T 111600 140900 179100. Topography: VALUATION L 81,000 108000 0 0 B 30600 32900 4900 Public Utilities: T 111600 140900 4900 Water, Sewer, Electric LAND DATA AND CALCULATIONS Street or Road: Paved, Sidewalk Rating Measured Table Prod. Factor Neighborhood: Soil ID Acreage -or- -or- -or- Depth Factor Actual Effective Effective -or- Base AdjUBted Extended influence Zoning: Land Type Frontage Frontage Depth 'Square Feet Rate Rate Value Factor EDM RM24 — Legal Acres: 1 3 Sewered Site A4 6969.00 25.00 25.00 174200 0.1600 NOTE: General Notes 5/18/03 RS: Reval 04, added depreciation for SFR use on multi land. Supplemental Cards MEASURED ACREAGE FARMLAND COMPUTATIONS Parcel Acreage 81 Legal Drain NV 1-1 82 Public Roads NV 83 UT Towers NV 9 Homesite(s) TOTAL ACRES FARMLAND TRUE TAX VALUE $50000 Supplemental Cards TRUE TAX VALUE Measured Acreage 0.1600 Average True Tax Value/Acre TRUE TAX VALUE FARMLAND Classified Land Total Homesite(s) Value Supplemental Cards TOTAL LAND VALUE Value 0 174200 174200 0 ----------- REVAL 95 *DING LAND S D 15 R) 18703-4-112-0006 FM'"D 4 TAX YR 96 0 7/95 03/07/95 A CCOUNTNO LIC 0210 P/P NO TYPE NBR __402 ------ UNIT # — — — — — — PRE —_ STREET 3RD — — — — — — — — — — — — TYPE AV SUF S_ CITY EDMINDS ---------- zip 98020 ----- CT 505 laQ SEC—TWP—RNG 232703-A BENCH MARK AREA 500 WTRFT BUSINESS NAME )N';'��:Dl. X' ZiLDING NO OCCUPANCY CONSTRUCTION STYLE I OF I RESIDENTIAL 1 STRY DATE BUILT REMODEL DATE CONDITION EFFECTIVE AGE DEPRECIATION % 1925 AVERAGE -7.0- /�7 �"!' -.7" � 36--/�f % UNFINISHED HEIGHT MULT PERIM MULT BUILDING 1_14 MARKETMODIFIER QUALITY BEDROOMS # 2 FLOOR COVER BUILT IN APPLIANCES FAIR CPT/VNL RANGE —OVEN INTERCOM EXTERIOR FULL BATHS I FLOOR CONST HOOD —FAN VACUUM SIDING 314 BATHS * FRAME (D 894 DISHWASHER EL GAR DR ROOF TYPE 1/2 BATHS # CONC GARB DISP HOT TUB PITCHED TRASH COMP SAUNA ROOF COVER PLUMB FIX # 6 HEAT —COOL MICROWAVE WD SHNG WALL FOUNDATION FIREPLACE P/P lst FLFl 894 BASEMENT (D GAR QUAL C P QUAL PRCH QUAL 2nd FLR DAYLITE EXTERIOR ROOFCVR CONC (D 3rd FLR [D POR DEV [D ATTACHED (0 C P (11 DECK (D 4th FLR QUAL FIN DETACHED ED BALC ELI LO FT ID BASEMENT ED' ROOF [11 MEZZANINE COMMERCIAL BASEMENT YARD IMPROVEMENTS LIVING UNITS LOFT (D UNFIN M ASPH TYPE UNDEV CEILED M CONC STUDIO RETAIL M FINISHED M YD LT #P #F 1BR RET—OFF (D RETAIL M FENCE L/F 2 BR !"'61JI(ILDING VALUtS'- OFFICE [D APT M 3 BR BANK M OFFICE M SPRINKLED[D TOTAL P/P BANK [D FACTOR % ELEVATOR LENGTH BLDG *$ 30-D 600 PARKING [11 WIDTH PARK QUAL AVG HEIGHT 0-IMP $ PERIMETER 0 Comm $ .LANb UtE'. 'f AMILY. .2oNING� L METHOD ACRES 0 16 A CESS N IG LEG PHy D WTR VIEW FRT TOTAL$ 309600 P"MrXT CCWr.AF YNYNA(3CUPPWSSN UAF'LMH T:L S. A o 1 OR Cm OLOOVA EPEOSRUNOUEEEIO L.OV�XOE 1 :11'.0 E'T N R T RB NEOOG 1 9 S I P A R D IL B L W P, UOG EWD DWT. E D T E F F ER SITE UTILITY TADD R HV B A E L L E T P RD �R I B El E T T S v 0 'RATE R E L'IE G G E 0 T L S D I R 1*1 E 8 B K C C R K K L L P A A J.:LAND vALIJE:�. A N QUANTITY D - W K N N 81,000 1 2 3 4 5 L 1. 2 1 2 3 1 2 1 21 2 1 2 1 2 1 2 1 2 3 4 1 2 3 D D $ u I. xl I & A .4 1XI X X1 K 01 x I I I I I A 3jl= T TOTAL.AssEssEoyAWE��,*,' 0 . . :__ s 1119600 N ''. MINION 14, 7N BUILDING PERMITS DATE NUMBER,.. AMOUNT .4 CONSTRUCTION DATA DATE FINISHED DATE PERCENT UNFINISHED DATE REMODELED DATE OVED VALUATION. mm am 9 OTIS mm L; CTW OWL. I, 09 3RD SO nmnil wA. qsIl L/C 0210 SCHOOL DISTRICT 1.5 SEC 23 TWP 27 RGE 03-- RT-1 12) BEG 30FT E OF SW.CCR SE1/4 SEI/4 .SEI/4 TH E 130FT TH N 55FT TH W 130FT TH 5 55FT TO POS SALES DATA .SALES PRICEJ DaTE _JINSTJ 1-1, 1 W. 0 i P -GRANTGR /S ELLER IGRA E / PURCHAaER 19r7 '1;XZA.- I'VIAJI&IY 10.11 111111-U)7nli 111-1-77-7 7 7-1 1 IA /-I- mjjjjj!�� yr I I 'tjiil!j121j�L ilia OTHER, CONSTRUCTION TYPE DATE BUILT CONST. FLOOR ROOF DIMENSION S.F. AREA CONDITION FACTOR VALLI E 9b DEP. NET VALUE A C. 18 9 11 CITY OF EDMONDS 121 STH AVENUE NORTH - EDMONDS, WA 9W20 (425) 771 FAX (425) 7714221 Websfte: wwdedmonds-wa.us DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering September 17,2003 Terry Dalton 409 3rd Ave. S. Edmonds, WA. 98020 . . Case: # ZE-03-196, Plan Check # 03-315 Subject Property: 409 3rd Ave. S.*, Edmonds, WA. 98020 Dear Mr. and Mrs. Dalton, GARY HAAKENSON MAYOR I am in receipt of your letter dated September 10, 2003 and received in this office on September 16, 2003. The 12 foot rear setback is indicated on your site plan and given the recorded width of the alley and distance between the lean to and the fence on the east, there appears to be a discrepancy. The significance is that accurate building property line setbacks are a factor in plan review. A building permit is required for drywalling and insulation. Please refer to the enclosed public handouts entitled "Single Family Residential Work Exempt from City of Edmonds Building Permit" and "Residential Remodel". You have not been accused of wrong doing. As my letter of September 4, 2003 stated, the City received a complaint (a copy has been provided to you) regarding construction without a permit. Coincidentally, at that time, you did have a permit application in this offic ' e for review. The City has requested evidence to demonstrate what degree of structure and use were established prior to 1956 to determine what degree of nonconforming building or use may have been established. Secondly, the City has requested verification of the accurate distance from the lean to/storage structure to the rear property line. The alley measurement was researched when there were previous neighborhood complaint issues regarding parking in the alley back in 2001/2002. The width is found and recorded under deed #633687 (enclosed). We can refer to the structure in question as the lean to/storage structure. Incorporated August 11, 1890 TT I Is 9/17/2003 Dalton, ZE-03-196, 409 31d Ave. The following information needs to be substantiated to. fully address your application: • Provide evidence of what degree of structure and use were established prior to 195.6 to determine what degree of nonconforming building or use may have been established. This evidence.would contain the year the "lean to" was con ' structed and the year the "lean to" was incorporated as habitable space of the dwelling unit with outside walls and interior and exterior entryways. • Verify and provide the accurate distance from the lean to/storage shed to the rear property line. Once that information has been submitted and reviewed, the City can determine the appropriate direction of your building permit application. Thank you in advance for your cooperation and assistance. Sincerely, Mike Thies Code Enforcement Inspector thiese,ci.edmonds.wa.us C. J. Graf, Building Official 6 Fi 7 �Vlo --.,on Lrrid Corporation of Se.ettle,Jash.. to MI. 113 City of Ednonds 1116"' Grantor cvs end qcs to grantee, all interest in the 001',-re-sittipted 'in the CIS,,2317-1: The F;trnO<,q end jMeys in "Olym-pic Viele, or unre- of the -SE. 710-, of the. of the SE'. of Sec 3 TVIP 27 ij.�Zuc 3 "Edmohds, and. mpdg-f towit:. te-Inninr at the SE corner -of said Section rnd ri.-Mninf- Vn 7i-w! 30 ft; th v 110 ft to the EMU corner of Flftt; i., I - Vrl -is tne true ptob; th fid V,'elnut Strect prodiLe ed L ich 07 it; th S. 110 ft; -th Id 1'6 ft; th -IL'I 110 ft; th W 122.7 f I L i� 4.1 ft; th'S 110 ft; th I'i 60 �ft; th a' 1.10 ft, th IiV' 130 ft, th-Si 110 ft; th W 18'.7 ft; th 1. 110 ft; th W 130 ft to the E ki,-.rein of Third j�venue; th . 60 ft; -. th E 130 ft; th. 1"A' prll with Third Avenue, 492.08 ft, to the im li of sd sub.-.divisionItzi E Pd.25 fto th S prll With Fifth Avenue., 492.03 ft; tn.iE 13C ft; tti B 491.7 ft; to �said N line;' th E 60.. ft; th S 491.55'ft; th 2 122J7 ft; th V 491.24 ft to said lig th E 16 ft; th S 490.'g ft; th E 122.7 'ft to, the W Margin of,LFifth Avenue; th S 60 f t to the true ptob. Union Land, Corporation kcorp seal) By Geoik.Schlytter,Prosident By T.Irs Louis*e 'Schlytter, Secretary -5, ss Ack 5-19-38 by officers as signed. (full corp eck) bef "'w s n s on n.P.in end for the S/w res st Seiattle,n s l/2'13/42 (w r i 1 0 D Andersonscity) �C;7 $10. and OG.&VC. Allemde B Earvey, to The City of �tdmonds,'�'ie.,c3,',i'in&,ton'. Grantor cys end qcs'..t o,.:,gFanted`. CIS §/W: sitwited in'the .'.Jl .4-U-4- all int in the fdre' 0 k SKETCH ADDENDUM Iz OP 31 3.5' —1 Storage/Shop Laundry L' - -- 13.5' 15' 20 Walk -In Full 4 F(itchen Don Closet Bath T Bedroom 5 5 Nook Walk-in Ik in 81 Closet oset 10, I(Y Master Deck Living Room I Bedroom 5' 11.5 E I-*"\ . 1 7' 10, 2Z 4 GARY HAAKENSON CITY OF EDMONDS MAYOR 121 5TH AVENUE NORTH EDMONDS, WA 98020 (425) 771-0220 FAX (425) 771-0221 Website: www.d.edmondsma.us DEVELOPMENT SERVICES DEPARTMENT, Planning - Building - Engineering Terry & Sharon Dalton January 16, 2004 4093 d Avenue South Edmonds, Washington 98020 RE: Permit to insulate and sheetrock existing unheated, attached rear storage room Dear Mr. & Mrs. Dalton; The purpose of this letter is to clarify pen-nitting, as well as, storage and habitable space headroom requirements of the Uniforin Building Code. The City is required to adopt the State Building Code; the current adopted edition is the 1997 Uniforrn Building Code (UBC). UBC Section 106.1 entitled Permits Required, states, ...no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, converted or demolished unless a building pen -nit has first been obtained from the building official. Your project for the existing attached unheated storage room was to insulate and sheetrock the walls and ceiling areas. Clearly this is altering and improving an existing condition thus a building pen -nit is required. Since it remains unheated, the code will not dictate the R value of insulation (however, be advised, if the room was heated the existing R value of insulation installed would not comply to code). Regarding the headroom issue, after you submitted your building permit application our review requested that you clarify the pre-existing use and headroom height for this area. Your response was this room was used and maintained as storage/shop and that the finished headroom would be seven feet on the high side and 6 feet 4 inches on the low side. Because the UBC does not regulate the headroorn height of storage areas, adding sheetrock on the ceiling would be permitted. However, if You intend to use the area also as a shop, minimum required headroom for this type of use is seven feet and the sheetrock would have to be eliminated from the ceiling because the added sheetrock is creating a more non -conforming element (headroom) of the code. There are however, two potential ways that this could be resolved; first, you could attempted to meet the slope ceiling provisions of UBC310.6.1 (copy of code enclosed) which allows a portion of the room to have a sloped ceiling less than 7 feet, or, you could acknowledge that this room is for storage only (not shop). If you chose the first option, your floor plan would need to be re -drawn to scale to clearly show the finished headroom height and floor square footage area, as the room slopes from the highest to lowest point. If you choose the second option, you would need to revised the plans and pen -nit on file with the City to indicate storage only for this room. Please coordinate your revisions with Theresa Umbaugh, the Permit Coordinator assigned to your project. Call me directly if you have any questions about specific code requirements. Sinc�eply' Jeannine L. G3ra Building Official Incorporated August 11, 1890 Sister City - Hekinan, Japan