Loading...
18596 76th zoning letter and enclosures.pdf'"alky 1, Eel a 101 Al Lei 011 70P 1215 1h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 * Fax: 425.771.0221 - Web: www.edmondswa DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION C. I S 9 � July 13, 2015 Corey Gillespie Washington Federal Commercial Loan Operations and Servicing 425 Pike Street, 4 th Floor Seattle, WA 98101 RE: Zoning Confirmation Letter — File No. STF20150022 1859676 th Ave. W, Edmonds Dear Mr. Gillespie: This letter is in response to your inquiry received by the Planning Division on July 1, 2015 regarding the property located at 18596 76 th Avenue West in Edmonds. 1. What is the current zoning of the property? The parcel is currently zoned Neighborhood Business (BN) pursuant to Edmonds Community Development Code (ECDC) Chapter 16.45. See Attachment 1 for a zoning and vicinity map. 2. What are the adjacent zoning designations? The properties to the north and south of the subject site are also zoned BN. Properties up the slope to the west are zoned Single Family Residential, RS-8. The properties to the east across 76 th Avenue West are in the City of Lynnwood's jurisdiction but appear to be commercially -zoned. 3. Was this property granted any variances, special exceptions, conditional use permits, or zoning relief of any kind? The City does not have any records indicating any of these permits. The site was annexed into the City in 1963 and it is unknown whether the building complied with any applicable zoning when constructed in 1947. 4. Are there any nonconforming issues? The building appears to be nonconforming with respect to the 20' street setback on the east. It may also be nonconforming relative to the south setback, which is also a 20' street setback since the parcel is adjacent to unopened right-of-way in that location. Since the site was developed so many years ago and not developed under the codes that are currently applicable to the site, it is possible that other nonconforming issues may exist. S. Can the building be reconstructed in the event of a fire or other casualty? Yes. However, since the building is nonconforming, it is subject to the restoration language in ECDC 17.40.020: Restoration. If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be reconstructed except in full conformance with the provisions of the Edmonds Community Development Code. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as a Type // staff decision under the provisions of Chapter 20.06 ECDC, Damage of less than 75 percent of replacement costs may be repaired, and the building returned to its former size, shape and lot location as existed before the damage occurred, if, but only if, such repair is initiated by the filing of an application for a building permit which vests as provided in ECDC 19.00.015 et seq. within one year of the date such damage occurred. This right of restoration shall not apply if. 1. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner-s agent; or 2. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or the owner"s agents. 6. Are there any unresolved building or zoning code violations and/or complaints? Staff is not aware of any current building or zoning code violations on the subject site. If you have any further questions or need anything else, please contact me at 425-771-0200 or michael.clugston@edmondswa.gov. Sincerely, Z;2 Mike Clugston, AICP Associate Planner Enclosures: 1. Zoning and Vicinity Map 2. ECDC Chapter 16.45 (Neighborhood Business - BN) Page 2 of 2 Single Family Residenti, � (RS-8)1 PL SW �j W jk,�- RS-8 Multiple Residential (RM-3) Zoning (April 2015) 18596 76th Ave. W STF20150022 xv Zoning & Vicinty Map 6a N 1 inch = 100 feet Chapter 16.45 BN — NEIGHBORHOOD BUSINESS Page I of 3 Chapter 16.45 BN — NEIGHBORHOOD BUSINESS Sections: 16.45.000 Purposes. 16.45.010 Uses. 16.45.020 Site development standards. 16.45.030 Operating restrictions. 16.45.000 Purposes. .. ... ... .. .. .. .. ... ... .. .. .. . The BN zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve areas, for those retail stores, offices, retail service establishments which offer goods and services needed on an everyday basis by residents of a neighborhood area; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings. 16.45.010 Uses. .................. .................. .................. ........... A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; 2. Neighborhood -oriented retail stores, retail service uses, excluding uses such as commercial garages, used car lots, taverns, theaters, auditoriums, undertaking establishments and those uses requiring a conditional use permit as listed below; 3. Offices and outpatient clinics, excluding commercial kennels; 4. Dry cleaning stores and laundromats; 5. Small animal hospitals; 6. Churches, subject to the requirements of ECDC 17.100.020; 7. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 8. Local public facilities designated and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 9. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; http://www.codepublishing.com/wa/edmonds/html/Edmonds I 6/Edmonds I 645.html 7/13/2015 Chapter 16.45 BN — NEIGHBORHOOD BUSINESS Page 2 of 3 3. One dwelling unit per lot, in the story above the street floor, with a minimum lot area of 6,000 square feet; 4. Commuter parking lots that contain less than 10 designated parking spaces in conjunction with any local public facility allowed by this section. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsection (D)(2) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Drive-in businesses; 3. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.; 4. Convenience stores; 5. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 6. Day-care centers; 7. Hospitals, convalescent homes, rest homes, sanitariums; 8. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033-, 9. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 10. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use; 2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a facility meeting the criteria listed under subsection (C)(6) through (10) of this section. [Ord. 3353 § 3, 2001; Ord. 3269 § 1, 1999*; Ord. 3120 § 1, 1996; Ord. 2759 § 1, 1990; Ord. 2660 § 1, 1988; Ord. 2283 § 4, 19821. *Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. 16.45.020 Site development standards. ................. A. Table. http://www.codepublishing.com/wa/edmonds/html/Edmonds I 6/Edmonds I 645.htmi 7/13/2015 Chapter 16.45 BN — NEIGHBORHOOD BUSINESS Page 3 of 3 Minimum Minimum Minimum Minimum Minimum Maximum Street Side Rear Lot Area Lot Width Setback Setback Setback Height BN None None 20' Nonel Nonel 25' 1 Fifteen feet from lot lines adjacent to R-zoned property. B. Signs, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC. Maximum Floor Arez 3 sq. ft. per sq. ft. of lot area C. Screening. The required setback from R-zoned property shall be permanently landscaped with trees and ground cover and permanently maintained by the owner of the BN lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback. D. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050, and reviewed by the architectural design board. [Ord. 3846 § 1, 2011; Ord. 2526 § 5, 1985]. 16.45.030 Operating restrictions. .................. .................. .................. .................. .................. .................. .................. .................. .................. .. .................. A. All uses shall be carried on entirely within a completely enclosed building except: 1. Public utilities and parks; 2. Off-street parking and loading areas and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3320 § 2, 2000]. The Edmonds City Code and Community Development Code are current through Ordinance 4000, passed May 19, 2015. Disclaimer: The City Clerk's Office has the official version of the Edmonds City Code and Community Development Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. W 5 http://www.codepublishing.com/wa/edmonds/html/Edmonds I 6/Edmonds I 645.htmi 7/13/2015