2002-2 Encroachment of Decks.pdfMR!1
Date:
To:
From:
Subject:
July 5, 2002
Interpretations File No. 2002-2
Star Campbell
Interpretation regarding the encroachment of decks into the common area of
the Eagles Nest PRD.
Date Issued/Posted: XLY 9, 2002
Effective Date: July 24, 2002 (unless appealed in a timely manner)
The City has received.a Building Permit for a deck extension at 17000 73d Place West. The project is
located within the Eagles Nest PRD. The proposed deck extends into the common open space and a
sewer easement. The Welten Appeal (AP-99-95) found in favor of a homeowner and allowed the
construction of a deck in the open space, thereby setting a precedent for future homeowners in the
Eagle's Nest PRD to be able to do the same thing in regards to deck expansion. A code interpretation
should clarify issues that may be raised by such proposals and establish a procedure for reviewing these
proposals.
File PRD-2-81 Eagles Nest PRD including the following:
File AP-99-95 Elshult / Welton Appeal File, Findings, Conclusions and Decision of the Hearing
Examiner
(Dated August, 31, 2000) c. Hearing Examiner Conclusions
(2) "It must be noted that land use regulations are in derogation of common
law and operate to deprive an owner of property of an ability to use
his/her property in a manner that would otherwise be lawful. If a
regulation is unclear then the issue should be decided in favor of the
property owner. The Eagles Nest PRD was one of if not the first PRD in
the City of Edmonds and it is unclear from reading the Hearing
Examiner Recommendation (Exhibit FF), the City Council minutes
approving the PRD (Exhibit GG), or statements from others who were
involved with the approval of the PRD (the developer, the planning
manager, and the staff planner (Exhibits R, BB, & CQ) exactly what
was intended relative to setbacks or constructing decks or other
appurtenances in the common areas of the PRD. However, it is clear
from the record that little of what was originally proposed and approved
was actually constructed as proposed or approved (See Exhibits H, I,J,
K, L & N). At this point it is diffucult to factually determine if a 25-foot
City of Edmonds czR Planning Division
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setback was actually required, or if minor appurtenances such as decks,
etc. were prohibited from being constructed in the common open space if
the Homeowners Association granted approval. It is concluded that
there is indeed some confusion relative to what should or should not be
allowed relative to construction of decks and other appurtenances to
homes in the subject PRD. Therefor, the Examiner believes some
leeway should be given to the appellants in this case."
(3) "The Examiner concludes that due to the lack of clarity in the intent and
conditions set forth in the approving documents, the instant setback issue
and the construction of the deck in the common area (which has been
approved by the Homeowners Association) are not code violations."
The Hearing Examiner's decision to uphold the appeal included the following conditions:
The appellants shall be responsible for obtaining a building permit for the existing deck. The
deck must meet the requirements of Title 19, ECDC.
2. The appellants shall be responsible for obtaining an encroachment permit. If the deck is in the
way of any repairs to the sewer line that may need to be made in the future, the appellants or
future owners shall remove that portion of the deck that interferes with the ability of the City to
repair the sewer line. The removal and replacement of the deck shall be the responsibility of the
appellants or future owners of the subject property.
Analysis:
In August of 2000, the Hearing Examiner heard the appeal of a staff decision that prohibited the property
owners of Eagle's Nest from adding appurtanances that encroach into the common area to their homes
(see above).
Through the appeal record, the Hearing Examiner concluded that it is unclear exactly what was intended
relative to setbacks or constructing decks or other appurtenances in the common areas of the PRD. Also,
it is difficult to factually deten-nine if minor apprurtenances such as decks were prohibited from being
constructed in the common space if the Homeowners Association granted approval. So, the Hearing
Examiner made a decision that resulted in allowing a homeowner of the Eagle's Nest PRD to build a
deck that encroached into the common area and a sewer easement
With this decision, a precendent was set which will allow other Eagle's Nest PRD homeowners to also
construct decks that encroach into the common area (and potentially into easements), as long as the
applicant obtains permission from the Homeowners Association and obtains an encroachment permit (if
necessary). This is based on the assumption that the proposed deck will otherwise meet the requirements
of the City of Edmonds Community Development Code.
I THEREFORE, THE FOLLOWING INTERPRETATIONS ARE HEREBY ISSUED:
In the Eagle's Nest PRD, appurtenances shall be allowed to cross property lines and encroach into
the common area if certain conditions are met. The following conditions have been established in
order to protect the intent of the original PRD, ensure public safety, and to establish clear
standards for reviewing future proposals:
1. This interpretation shall apply only to properties within the Eagle's Nest PRD and shall not be
applicable to proposals in other PRD's.
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2. Future proposals to build an appurtenance that encroaches into the common area of the
Eagle's Nest PRD must include the following items with the submittal of the Building Permit
application for the project in addition to those items that are normally required for the
submittal of a building permit:
0 A letter from the Eagle's Nest Homeowners Association stating approval of the proposed
project.
3. If the proposed project encroaches into a utility easement, an encroachment permit will be
required.
4. Future approvals of Encroachment Permits for decks extending over a sewer easement should
include the following condition which was a condition of approval of AP-99-95: If the deck is
in the way of any repairs to the sewer line that may need to be made in the future, the owners
or future owners shall remove that portion of the deck that interferes with the ability of the
City to repair the sewer line. The removal and replacement of the deck shall be the
responsibility of the owners or future owners of the subject property.
5. "Appurtenances" are interpreted to include the following: decks, stairs, patios, and garden
windows.
APPEAL PROCEDURES
Pursuant to Edmonds Community Development Code (ECDC) Sections 20.105.010 and 20.105.020, staff
interpretations of the text of the ECDC are appealable decisions.
Should anyone wish to appeal this interpretation, a
fee (see Planning Division fee handout) must be
issuance of this interpretation (please see above).
written appeal, accompanied by the required appeal
submitted within 14 calendar days of the date of
The deadline for filing an appeal of this interpretation is:
A written appeal must contain the following:
1) A reference to the decision being appealed.
2) The name and address of the person appealing, and his or her interest in the matter.
3) The reasons why the person appealing believes the interpretation to be inappropriate.
Concurrence: Conckirrence:
Robert Chave, AICP Duane Bowman
Planning Manager Development Services Director
Posted: 1) Edmonds City Hall, 2 d Floor — Development Services Department
2) Edmonds Library
3) Edmonds Post Office
Posting Date:
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