08-0693 use letter.pdf-w CITY OF EDMONDS - 121 5fh AVENUE NORTH • EDMONDS, WA 98020
PHONE: 425.771.0220 - FAX: 425.771.0221 - WEB: www.ci.edmondsma.us
DEVELOPMENT SERVICES DEPARTMENT: PLANNING - BUILDING
January 29, 2009
Vladan Milosavljevic
Meadowdale Marina, LLC
23423 Brier Road
Brier, WA 98036
RE: PLAN REVIEW COMMENTS 3 FOR PLAN CHECK # 2008-0693
REPAIR OF TIMBER BUILDING AT MEADOWDALE MARINA
1611176 TH PLACE WEST
Dear Milo:
As you are aware, we are still anticipating receipt of an appraisal and cost estimate for repairs of
the timber frame building. Without this information, we cannot continue our review of the
building permit. The Hearing Examiner in his decision on the shoreline substantial development
permit #SM -05-94 required this as a condition:
"3. Prior to issuing any permits for the repair of the timber building, the applicant must
submit an appraisal for the value of that structure. They must also submit an estimate
for the cost to repair the building. As noted above if the timber structure is moved to
allow for reconstruction of the pier, the building shall be demolished."
That said, during a previous review of the plans resubmitted on December 22, 2008, the
following concern was identified:
1. Uses within timber building: Sheet SR -2 shows an Existing Floor Plan with uses
listed as "existing restaurant and bar" as well as "existing tackle and bait shop" and
"existing storage", presumably for boats, It is uncertain how these `existing' uses are
being defined or where they have come from.
Even assuming, without conceding, that these alleged uses of the structure may have
occurred at some point in the past, after reviewing city business license records, it
appears that there hasn't been a commercial business license for this site since at least
2001. Further, there has been no reported commercial revenue from the property since
2001. Likewise, the City's utility records indicate that utility service was discontinued
in October 2001 at your request.
Since the restaurant and bait shop uses are nonconforming, Section 23.10.220.E of the
Edmonds Community Development Code (ECDC) applies. This section states:
If a nonconforming use is discontinued for 12 consecutive months or for 12
months during any two-year period, any subsequent use shall be conforming.
Because there are no permits or business licenses on file describing the `existing' uses,
and because those uses have apparently been discontinued since at least October 2001,
any nonconforming rights to those uses have expired. To be clear, any historical uses
of the timber building have ceased and the nonconforming rights to them are no longer
valid.
Going forward, as stated above in 23,10.220.E, "any subsequent use shall be
conforming" to applicable code requirements. In the case of Meadowdale Marina, the
applicable requirements are those found in the Urban Mixed -Use Il shoreline
environment (ECDC 23.10.155) and the CW zone (ECDC 16.55) sections. Courtesy
copies of these sections are enclosed for your information. The Hearing Examiner
decision reemphasized this point.
An important consideration in defining future uses for the timber building is that, per
ECDC 23.10.1551, overwater structures are not permitted within the Urban Mixed -Use
I1 shoreline environment with the exception of:
a. Moorage structures and facilities as regulated in ECDC 23.10.160.
b. Public access as regulated in ECDC 23.10.145.
c. Boat gear storage lockers not to exceed 18 square feet in area and three
feet in height. Only one storage locker is permitted per boat slip. This
provision does not apply under covered moorage structures.
Most importantly, per ECDC 23.10.160.J, covered moorage is prohibited.
If you have any questions, please contact me at your convenience. Please make all submittals to
a Development Services Permit Coordinator, Monday through Friday, 8:00 am to 4:30 pm.
Sincerely,QD
Com.
Mike Clugston, AICP
Planner
Cc: Zach Lell, City Attorney
Rob Chave, Planning Manager
Duane Bowman, Development Services Director
Enclosures