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20040090.pdfDATE RECEIVED CITY OF EDMONDS CONSTRUCTION PERMIT APPLICATION OWNER NAME/NAME OF BUSINESS MAILING ADDRESe _. � 0 (7 - CITY ZIP TELEPHONE It'nL ft 2a r� Inc:43 q NAME ADDRESS CITY ZIP ITELEPHONE NAME 5r [ U L �-� CBL N tet'(:� �+-51)Drbn ADDRESS Ll C) c -1 3 v - c e. CITY ZIP TELEPHONE G r,^, L) f 0 STATE LICENSE NUMBER EXPIRATION DATE CHECKED BY PROPERTY TAX ACCOUNT PARCEL NO. 00L'4 NEW RESIDENTIAL ADDITION COMMERCIAL REMODEL MULTIFAMILY REPAIR GRADING CYDS DEMOLISH TANK GARAGE CARPORT RETAINING WALL ROCKERY I[TYPE OF USE, BUSINESS OR,�.QTWMJ ERL�IN: 0 NUMBER NUMBER OF OF DWELLING STORIES UNITS DESCRIBE WORK 10 BE DONE I ( Gl-CL I 1& (4- c4 01 �r u Lo .)L Ill, 4tq1A4__) A H (_xx PLAK CH I GLAZING % e_ E] PLUMBING / MECH COMPLIANCE OR CHANGE OF USE SIGN oFENCE FT, ( Ei OTHER SPRINKLER oFIRE FIRE ALARM CRITICAL AREAS NUMBER r) 'q (A- 0 k) 11 o I-Y) Cn. C. rA -) 4 J LOT SLOPE % A/A VESTED DATE THIS PERMIT AUTHORIZES ONLY THE WORK NOTED. THIS PERMIT COVERS WORK TO t= BE DONE ON PRIVATE PROPERTY ONLY. ANY CONSTRUCTION ON THE PUBLIC DOMAIN (CURBS, SIDEWALKS, DRIVEWAYS, MARQUEES, ETC.) WILL REQUIRE SEPARATE PERMISSION. UI PERMIT APPLICATION: 180DAYS IL PERMIT LIMIT. 1 YEAR - PROVIDED WORK IS STARTED WITHIN 180 DAYS SEE BACK OF PINK PERMIT FOR MORE INFORMATION V) 'APPLICANT ON BEHALF OF HIS OR HER SPOUSE, HEIRS, ASSIGNS AND SUCCESORS IN INTEREST. AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF 2 EDMONDS. WASHINGTON, ITS OFFICIALS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS FOR DAMAGES OF WHATEVER NATURE. ARISING DIRECTLY OR INDIRECTLY FROM THE ISSUANCE OF THIS PERMIT ISSUANCE OF THIS PERMIT SHALL NOT HE DEEMED TO MODIFY, WAIVE OR REDUCE ANY REQUIREMENT OF ANY CITY ORDINANCE 01 NOR LIMIT IN ANY WAY THE CITY'S ABILITY TO ENFORCE ANY ORDINANCE PROVISION., x I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION; THAT THE INFORMATION GIVEN IS CORRECT; AND THAT I AM THE OWNER, OR THE DULY AUTHORIZED AGENT OF THE OWNER. I AGREE TO COMPLY WITH CITY AND STATE LAWS REGULATING CONSTRUC- TION; AND IN DOING THE WORK AUTHORIZED THEREBY, NO PERSON WILL BE EMPLOYED IN VIOLATION OF THE LABOR CODE OF THE STATE OF WASHINGTON RELATING TO WORKMEN-S,90MPENSATION INSURANCE AND ACW 18.27. SIGN�ATUR ',0wNE/RIR AGE T), DATE SIGNED PERMIT EXPIRES USE PERMIT ZONE NUMBER JOB SUITEIAPT# ADDRESS Y-/Ij 'KI --- / L."'I - - 11Y Z -) I PLAT NAME/SUBDIVISION NO. LOT NO. I LID NO. LID FEE S PUBLIC RIGHT OF WAY PER OFFICIAL STREET MAP IESCP Approved RW Permit Required C3 Street Use Permit Rect'd E3 EXISTING — PROPOSED Inspection Required 13 Sidewalk Required E3 REQUIRED DEDICATION- FT Underground Winng required METER SIZE LINE SIZE NO. OF FIXTURES PRV REQUIRED YES NO Z Cr ui REMARKS z z OWNER/CONTRACTOR RESPONSIBLE FOR EROSION CONTROL/DRAINAGE E5 1� In' ENGINEERING REVIEWED BY DATE FIRE REVIEWED BY DATE us VARIANCE OR CU SHORELINE OR ADBN INSPECTION BOND REO'D POSTED OYES 9901s SEPA REVIEW SIGN AREA HEIGHT COMPLETE EXEMPT ALLOWED PROPOSED ALLOWED PROPOSED , "e- I , z �-5 - I �k' EXP Lo LOT COVERAGE REQUIRED SETBACKS (FT) PROPOSED SETBACKS (FT) ALLOWED PROPOSED FRONT SIDE REAR FRONT UR SIDE REAR 4-7, 0 1, NC, z E PARKING LOT AREA PLANNING REVIEWED BY DATE z REO'D I PROVIDED 64 I 2- REMARKS _,vy-67 44 3 -1�_e., CHECKED BY ITYPE NF CONSTRUCTION rCAE OCCUPANT V_/V 1,177- GROUP SPECIAL INSPECTION JAREA OCCUPANT REQUIRED LOAD REMARKS z PROGRESS INSPECTIONS PER UBC 108/FINAL INSPECTION REQ'D 9 D M $ �� M- --- I Description FEE Description FEE Plan Check State Surcharge Building Permit ,30 City Surcharge Plumbing Mechanical Grading Engr. Review Engr. Inspection Fire Review Plan Chk. Deposit Fire Inspection Receipt # Landscapelnsp. Total Amt. Due Recording Fee Receipt # APPLICATION APPROVAL This application is not a permit until signed by the CALL Building Official or his/her Deputy: and Fees are paid, and FOR INSPECTION receipt is acknowledged in space provided. OFFICIALS SIGN,8,TURE DATE (425) 4x;V) // -3 �117ZI 771-0220 RELEASED B /CrATF' ATTENTION EXT 1333 L IT IS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE UNTIL MU/ _/0 I/ A FINAL INSPECTION HAS BEEN MADE AND APPROVAL OR A CERTIFI- ORIGINAI ILE YELL04-INS141ECTOR CATE OF OCCUPANCY HAS BEEN GRANTED. UBC SECTION 109 PINK -OWNER GOLD -ASSESSOR 04/02 PRESS HARD -YOU ARE MAKING 5 COPIES GREEN - ACCOUNTING z 0 1 0 M -1 -n o M C M 0 0 ­10 0 C7_ j K :E M M z —i _z —4 x 0) 0 _n M M 0 _C0 0 17' 0 IT! Cn Cn M 0 Z X z --I M W z 0 A 0 M W In C. 18,9 11 GARY HAAKENSON CITY OF EDMONDS MAYOR 121 5TH AVENUE NORTH - EDMONDS, WA 98M - (425) 771-0220 - FAX (425) 771-0221 Website: www-cl.edmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering September 4, 2003 Terry Dalton 409 3rd Ave. S. Edmonds, WA. 98020 MICP0,9L.M. Case: # ZE-03-196, Plan Check # 03-315 Subject Property: 409 3 d Ave. S., Edmonds, WA. 98020 Dear Mr. and Mrs. Dalton, 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 pen -nit which encroaches into the rear yard setback. You have submitted an 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 1991 in 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 walls 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. 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. Incoi-porated Auqust 11. 1890 Z 0 1 0 M M C M 0 --10 0 C M M Z F- —q 0) 0 n M M a 0 0 M cl) 0) Q 0 Z Z 0) Z 0 0 M 9/4/2003 Dalton, ZE-03-196, 4093dAve. A measurement of 22 feet was taken from the "lean to" to the fence on the east 1h side of the alley (404 4 Ave. S.). 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 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 rear property 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 thiesaci.edmonds.wa.us C. J. Graf, Buildmig Official z 0 1 0 M -n M M 0 0 0 M M z —Z 0 -n n M M 060) 0 r- 1-1; 0 M W. W Q 0 Z 0) z 0 1 . 0 M A Professional Service Corporation Cou" F_ Flom 2025 First Ave., Suite 1130 Seattle WA 98121-2100 206J�4& 1818 206A48-3444 Fax cPom@mhFks.com December 17, 2003 Mike Thies City of Edmonds Development Services Department 1215" Avenue North Edmonds, WA 98020 Re: Case #ZE-03-196 (409 31d Avenue South) Dear Mr. Thies: We are writing on behalf of Sharon and Terry Dalton, who reside at 409 3 Id 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. 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. 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 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." 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 eAerior entryways. G:\Dalton, Terry & Sharon\1171-W1\corr\EdmordsAiDt Z 0 0 M -n 3: 0 M C M 0 0 0 C:: rn M Z C 3: W 0 -n -n M M 0 0 0 M C cl) Cn M 0 Z Z CD Z 0 M 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 z 409 3rd Avenue South who can definitively state that the workshop, as it appears 0 today, has been In existence since at least 1947. 0 M As explained in the attached notarized declaration, John H. Kaczka has been well- acquainted with the attached workshop area behind 409 31d Avenue South since the late 1940's. Declaration of John H. Kaczka. After outlining a detailed history of his 0 M relationship to the former owners of this property, Mr. Kaczka's declaration explicitly C 0 states that the attached workshop has been in existence since at least 1947. He 0 —10 0 further states that the workshop has had a door and a window on its east side, and a C: door and a window on its south side, since he became acquainted with the property. X M M z In sum, Mr. Kaczka's sworn declaration establishes that the ""workshop portion of 409 C) --I —Z 3rd Ave. South has been in existence as it is seen today" since the late 1940's. C > 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 0 -n n at the back of the Dalton's home has been there since at least 1947. Declaration of Lee E. Wasser. M M Because the workshop was constructed and attached to the Daltons" home well 0 0 M C CD before 1956, it is a legally established use that does not require a building permit and 9 (D' is not required to meet setback requirements. Edmonds Municipal Code section Q 0 Z 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 > z attached to the Daltons' home is a legally established nonconforming use. The City —1 X has no evidence that could contravene the sworn Declarations of Mr. Kaczka and Mr. (D r Wasser. We therefore request written confirmation that the City will take no further z 0 action with regard to this complaint. —1 0 M Please feel free to call me with any questions. very ly yours, COUIMW?. Flora Enclosures CC. Sharon and Terry Dalton G:\D9W, TeRY & Shwm\1171-W1\cDrr\EdmwdsAJot 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 the period 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 in1947. Marriane's mother, Mrs. Bessy Campbell Wasser, and Marriane's step father, Mr. Lee Wasser, and Marriane's brother, Lee Wasser Jr. lived at 403 3rd. Ave. South in Edmonds, next door to Carl Callahan and his first wife SyMa 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 1984 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 31,1984. These are 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 3rcL Ave. South and what we referred in town as the "Hall mansionr 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 stood, today is the site of the "Sound View Apartments" 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 194o's until Carl Callahan sold the land behind his home at 409 3rcL Ave. South, Callahan had a big old barn. I used to go out to that barn and work on cars with "Buzi" 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 Callahan's home, what is being referred to as a shed/lean 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 this workshop area at the rear of his home, it was there when I first became acquainted with Car . I and his son "Buzi" in 1947. I spent many an hour with Carl in this workshop area of his home. Carl was a carpenter by trade, and enjoyed making 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 &mily. The work shop area had 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 diagram 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 good 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 existence 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 referred to AS SEEN TODAY, HAS BEEN at the South East comer of the house at 409 3rcL Ave. South as long as I have been fimwar with this house and its history as far back as 1947 as I have MtedL 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. , 4" L W/44 WILL-69 V40TAO�, NO M-9 z Is �. My cP PUBLIC �A -7 0- WAS%AN z 0 1 0 M --I -n 0 M M 0 0 0 C: M M Z CI) 0 -ri n --I M M C) 0 0 M C) CI) Q 0 Z .i� X --I 3: > z z 0 0 M b6or toe areoC :5rA v (2, 0 cou 4�h 0 (4 44 V aca CA L M 0 0 0 c Old z Heal) Mansion Qj heryn e. t.J 0 U.) 0 mn wn 4-e. m m cn m cn K cn, m rcl AVC9 71 5ATAOL kwjic%,� 0 0 Waduw)tlyl %50 5) rco& V OT,144� v PU 6LAC- q�q�07 %�G VV144 0 VAN AOTA&), �A 0 C.) m in: 000 PUBUG 0 04ag 061 a so 4110 November 09, 2003 rd I Lee E. Wasser DOB 12-24-1932 This is my sworn statement as to the property at 409 3 rty at 403 YdAve. S from 1947 until I Ave. S.P Edmondsp Wash. As I lived on the prope er 1955 1 visited very often. Z� married in 1955. My parents lived at 403 and aft 0 back of their home. 0 My memory of the Callahan home includes the attached workshop at the It was there as long as I can remember from 1947 on, and I do not know when it was rn constructed. I spent many hours working on cars with Buzzy (Carl R.Callahan) during our as stated. X growing up years and am positive that the workshop was 0 M C M 0. please contact me at 1822 E. Drake Dr., Tempe, Az 85283 0 if you have any questions 0 C M M Z > E. Wasser Lee Cn 0 -n M M C. TULIPANA 0 r-: Notary Public - Arizona 0 M C: Cn Maricopa County 9 (n my commission Expires rn 0. May 26, 2004 Z 3: Z 3: Cn Z 0 0 IT! -J 44 C. 18913 GARY HAAKENSON CITY OF EDMONDS MAYOR 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - FAX (425) 771-0221 Website: wwdedmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering September 17,2003 Terry Dalton 409 3" Ave. S. Edmonds, WA. 98020 Case: # ZE-03-196, Plan Check # 03-315 Subject Property: 409 3 d Ave. S., Edmonds, WA. 98020 Dear Mr. and Mrs. Dalton, 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 pen -nit. Coincidentally, at that time, you did have a permit application in this office 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 z 0 i 0 M --I -n M C 0 M 0 0 0 C: 3: M M z C —Z 0 -n n M M 0 �5 0 0 M C CD 9 CD Q 0 Z z 3: Cn z 0 M 9/17/2003 Dalton, ZE-03-196, 409 3" 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 1956 to determine what degree of nonconforming building or use may have been est ablished. 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 0 RY with outside walls and interior and exterior entryways. Verify and provide the accurate distance from the lean to/storage shed to the rear q =R CO) property line. rn C Once that information has been submitted and reviewed, the City can determine the M 01 -40 0 appropriate direction of your building permit ap plication. C� --19 X M M z Thank you in advance for your cooperation and assistance. C z Sincerely, e4, �, Mike Thies 0 -n code Enforcement Inspector thies(@ci.edmonds.wa.us rn M, 0 C-1) 0 0 M C Cl) W C. J. Graf, Building Official M 0 Z z CD z 0 0, M 10 tion of Se8ttlC,W8s1I- on Lr rid CO:r'POra. to nds 7. C i t Y o f 34 d r io ntee, all interest in the Grantor cYs end qcs to gra 1% S.1 t;tinted n the tinre- The .:fs nd jMeys in "013rmPic View" ar of the SE-:,� Of Sec '123 71vin 27 f 7'10, of the Sr,2- 0 the T-S,' ronds, and mrdaf toWit: in Ed, the SE corner -of' s8id Section ivmd ,e-inninr at E'.- t, r of F-Ifto 30 f t; 110 ft to the S,,,.l corne ri.-.- rini nt- 't -orodfIded,'wftichIs tne true ptob; th F 7!L c7elnut Str, t th 110 f-t; th W 122.7 7 f t; th S 110 f t; t h Iff 16 f S til 'V7 130 ft2 tI f t; 60 f b; th 14, 110 ft I ft; th S 110 VI 130 f t to tile 141 WR-,rGiri 110 ft; th *%y 18'.7 ft; th L,. 110 ft; th J J. d j�venue; th ,, 60 ft;,th E 130 ft; th ia Prll With o f Thir 'b TILird A -venues 492.06 ft2 to the im li of sd su -divislon�tii L4' PU.25 fto th 3 Prll with Fifth jivenvieg 492-03 ft; tn.-E 130, -said N line; th E 60 . ft; th S 49 1. 55' f t; 491.7 ft; to ft; tft jig th E 1G ft; th, S 2j? ft; th N 491.24 ft to said, t I I Marpin of,%Tlifth �&veinue; th S 490."g ft; th E 122.7'ft tol.the 60 ft to the true ptobe Union Land Corporation By Geoji.SchlytteToPresident co'rp seal) By j.'Irs Louisp Schlytter,Secretary ss Ack 5-'19-3e, by off icers as signed (full COTP ack) bef .)t -e t Seattle. n s 1/23/42, nson N.P.in end for the s/W I 3,W 8 i tv 0 D i1ndersonsc 633686 a $10 end 0MVC. 9-14-3 IJtnide B EarveY, to The City of Edmondsil.,4reshingto,fl, U. int in the fdrel Grantor cyS und.qcs sitil,qted in'the' CYSqq/W: 1� I z 0 m m I , I I Fn c M Or 0 0 c m m z JO Ir C z > M Cl) m 0 C0 r 0 r� I., 0 m c co ru Cl) M 0 Z CD z 0 0 m GARY HAAKENSON CITY OF EDMONDS MAYOR 1 5TH AVENUE NORTH -EDMONDS, WA98020 * (425) 771-0220 -FAX (425) 771-0221 Website: wwwxi-edmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering January 9, 2004 Ms. Courtney E. Flora McCullough Hill Fikso Kretshmer Smith 2025 First Ave., Suite 1130 Seattle, WA 98121-2100 Re: Case #ZE-03-196 (409 — 3rd Avenue South) Dear Ms. Flora, 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 urther action requirements, and asked for written confirmation that the City will take no f 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 permit 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 not 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: 0 1925 — House constructed at 409 — 3rd Avenue South 0 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" 9 Site is currently zoned Multiple Residential RM-2.4 which requires a 15-foot rear setback Incorporated August 11, 1890 Z 0 1 0 M :; 9 M C M 0 __10 0 M M Z ic) C 0 _n n M M 0 0 M C (1) 9 Cl) Q 0 Z X > Z 0) Z 0 i 0 M 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 Z d 0 there and his in-laws lived next door at 403 — 3' Avenue S. and he remembers the attached workshop at the rear of the Callahan's home being there since 1947 with M 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 a rn C M 0 wife purchased the property in 1984, and sold it to the Daltons in 1999. 0 __10 Mr. Lee E. Wasser (DOB 12-24-1932) lived at the property at 403 — Yd Avenue S. 0 from 1947 until 1955, and since his parents continued to live at 403 — Yd Avenue rn rkshop being there M Z S. he visited afterwards. He also remembers the attached wo 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 X by 130 feet. 0 -n 9 The dimensions given in the site plan do not add up to 130 feet: 90 Front setback 41.5 Length of house M M 0 U5 3 Rear setback 0 r- 0 M 134.5 Feet Total C Cn 9 CD M 0 Z We accept the sworn statements of Mr. Kaczka and Mr. Wasser as proof that the ty of Edmonds regulated setbacks. workshop area has existed since before the Ci idered legal nonconforming and the --i Therefore, the setback of the workshop is cons 020.B. X I . workshop may be continued and maintained at that setback per ECDC'17.40. > Z --I The workshop and hous . e may not, however, be changed or altered in any manner which a: chnonds Community 55 increases the degree of nonconformity of the building. E Z Development Code section 17.40.020 addresses nonconforming buildings and that code 0 0 section is enclosed. M 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. zing the city to charge a fee to respond in you had also requested the resolution authori writing to a request for status/compliance letter. The resolution authorizing that is attached. Ms. Courtney E. Flora McCullough Hill Fikso Kretshmer Smith January 9, 2004 Page 3 If you have any further questions, please feel free to call me weekdays (except Wednesday) at (425) 771-0220, e xtension 1330. z Sincerely, M �Xwell M Cn Om C Senior Planner M 0 0 0 0 Sharon and Terry Dalton M Mike Thies, Code Enforcement M z Rui WOW= C z > Cn M M 0 0 M C CO 9 0) M 0 Z ;U z X z M GARY HAAKENSON CITY OF EDMONDS MAYOR 121 5TH AVENUE NORTH EDMONDS. WA 98020 (425) 771-0220 FAX (425) 771-0221 Websile: wwwxi.edmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning Building Engineering Terry & Sharon Dalton January 16,2004 rd 409 3 Avenue South Edmonds, Washington 98020 Z O� RE: Permit to insulate and shectrock existing unheated, attached rear storage room 0 M; Dear Mr &Mrs. Dalton' 9 0) orage a i The purpose of this letter is to clarify permittill-, as well as st i d habitable space headroom M M Lli'C ents of the U n i fo ri-n Building�Codc. The City is required to adopt�the State,,Building Code; req r rn 0 the curren t ado'pted'editio'il is the 1997 Uniforn-i Building Codc�(UBC). UBC Section..106.1.'fentitled 0 C:� Pe Re' d, stat ... no� building or structure regulated. by this code shall be erected, rrn i ts i, quire 'S' 'unless. X ff M z constructed, enlarg d, altered d, rnov'ed� improved converted or demoli she'd a building c repaire 10 p errilit has First beenrobtained from the building official. C > - .1 yo Lir, project �8 r the c x isting, at I tached unheated storage room: was. to instilatic and shectrock, the walls r co, -n, lin. perl-nii i a Al isjs d sting condition thUs.a bU'ilc S and ceiling reas. Clearly I -altering an mprov an. exi: o -n I c 'code,will not dictate'the' R value of insUlation,,(however,, be required.., Since ii.rei-nainsA'lnhc,ated;.t1 Lk advised, if the room was heated the existing R value�of in'sulation,installed would not comply to code).. M M Vi 0 r- ap lic, ti review -o' 'fter you submitted �your building permit p a ol I � . Regarding the"I'leadt orn issue, a 0 M! C 0 -e, , lig headroom height for this area.- Yourresploillse was, requested that you,clarify tic pre xisti Use Q0 ildiliaii'itaiiic'd.a�-storige/slio and that the fini shed h cad room wO Ll ld be sevbil f6et this room was used a' p Z r-� oom ti e I w ide. Because thc.UBC does not regulate the h6adn' on the high side and 6 fee't� 4� ilicli6s'on i o s L il t nd�to g wo Howev6r,.,if yo I I e li�e'ight o storage areas adding shectiock:611 the ceilin Uld be permitted. re uired headroom for this type of use is Seven, feet and the use the A're'a� also:a� a shop, minimum q > c in e added sheetrock is i:e iting ainore, ould hd he ceil g because th' et'r' b elh inated from t 1, 1 C Z.) she ock w ve to e ill Z .4 formin element (headroonl) of the code. There are however, two, potential: ways' that.,this- llon�-con 9 f UBC copy Could b r Sol, ed ted to n eet the slope ceiling provisions o' 3 1 6.1,7 e e v ; First, you,could atternp Z 6d), ' hich allows a portion of the room to.have a slo ed ceiling les's than 7 feet, or, you ofcode enclos w p O� could acknowledge I :'that this rooin is for,stbrage only (not shop). If you chose the fi.,rst option, Your c r s o n icadroorn height and floor flooirplan would need to,be re -drawn to scale, to cl a ly h w the fi ished I M ff hoose the second square f6otage area, as the room, slopes fi�qrn thle'llighest1tollo.w est point. OLI C ag op'tion,,you wo, Uld need to revised the plans and permit on file With the City to indicate stor, "De oi,ily fo r this room. Ul Permit Coordinator assigned to Your Please coordinate our revisions with Theresa -nbaugh, the y p roj ect. Call me directly if you have an y questions about specific code reqL iii-ernents. Sincerely, Jeannine L. Gra Building Official Incorporated August 11, 1890 Sister City - Hekinan, Japan oil 5 'Stale WA zipcod- 98w_0 ILL j oju I PER MIT CwMIR Z, -1 -n 12' (n 0 M C 10 31 3.5' M 0, Storage/ S 2 0 0 L Laundry p p 0 ON�j Lora L T M z 15, > 20' CL Walk-in E: (n 26.5' ull Den Closet Kitchen ath 0 -n n Bedroom 51 5'_ 3:9 rn M cf) Nook 3sk-'n Walk-in 0 0 rn 81 ood Stove 0 et Closet lot C (n C Cn M 0 10 Master Z Deck Living Room Bedroom 5 X, 11.5 11.5 71 > 10, 22' 01) z 0 0 U) RECEIVED APPROVED BY PLANNING JAN 12 2004 PERMIT COUNTER Plf.� fl, VITV z,.l PrTHICAL WORK PERMIT APPLICATION Request Inspection 2114756 [j Annual Permit [JAIarm IjCarnival �jCommerclal Residential Residential Maint. 1JSigns [jThermostat [:ITelecom. t-/� cription Installation des Job wired by E:�j Electrical contractor Owner -FAeot rical-conbactor name License number Purchaser's mailing address City State ZIP Telephone number FAX number Z 0 rinspecyo I p I'ce (-P�remjsesownerts name Caslr--ICi�ck #) 0 M Address of inspection DEpartment of Labor & Industijes use only. Becomes permit when properly validated.. tY.., City County Expires one (I) year from' date of last activi co -4 E I V E M C Power company M 0 AUG 2 1 0 0 I hereby certify that I aun the owner of the above named property or a licensed electrical contractor (or the firm's authorized agent) and am DEPI OF L&I M M EVERETT W/\ M Z making the electrical installation or alteration in compliance with the electrical law, Chapter 19.28 RCW. C _Z > Cha ge my contractor's account. r Signature of owner, electrical contractor -or electrical administrator El , ectrica , I inspections are for safe wit ing methods..' 0 0 -n ector Canary -fiscal Pink -customer Grcen-job site -n White-insp WALLS CEILING THERMOSTAT SERVICE M M 0 Fn Insulation Only Insulation Only 0 0 6- 26- 6-3 Approved By' Date Approved B ITI Date CD Date Appf6­ved By Date Approv�Tff­y Cover DITCH FEEDER C (n 7 LS n Only Cover Q 0 Z r- Date Approved By 7� roved By Approved B Date Approved By Date y X See progressive report > blectrical Z Action Taken Inspection Area, Building or Equipment Inspected ln�pector Date Cn Z 03 (,:zqj 5EA 12-3 0 0 ;2 03 Lo�c,, M POST THIS COPY ON JOBSITE. THIS IS YOUR PERMANENT RECO". 17500-001 -000 electrical work permit application rev 5-03 v Lj lqcl: Z� CY L5 157 m ill-0 m c m wmi 0 C: /VD M; IMZ ell C z > 1/0 3: I ca 0 0000�j m M 5101 0 C&I ew& lom c CD m + 0 ov� Z 7il d6 ,v, 7 ke-ol.,er,4 3: > z 3: z 41 P� 42 0 7e 0 OP* * rl 0 wall 1 I Ms. Courtney E. Flora I zO McCullough Hill Fikso Kretshmer Smith January 9, 2004 Page 2 PEW The following is additional information: 0 John H. Kaczka knew the property from 1947 to 1984 when the Callahans lived d there and his in-laws lived next door at 403 - 3t Avenue S. and he remembers the 0 attached workshop at the rear of the Callahan's home being there since 1947 with 0 M 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 0 own ed the property across the alley to the east. Mr. Kaczka's oldest son and his rn C M 0 wife purchased the property in 1984, and sold it to the Daltons in 1999. -1 0 Mr. Lee E. Wasser (DOB 12-24-1932) lived at the property at 403 - 3rd Avenue S. 0 0 C from 1947 until 1955, and since his parents continued to live at 403 — P Avenue -i K X rn S. he visited afterwards. He also remembers the attached workshop being there M Z --i since 1947. 1 believe Mr. Wasser is the brother-in-law of Mr. Kaczka. Z According to the legal description from the County records, the property is 55 feet X co by 130 feet. 0 -n The dimensions given in the site plan do not add up to 130 feet: 90 Front setback 41.5 Length of house M M 0 C_n 3 Rear setback 0 0 M 134.5 Feet Total C (n We accept the sworn statements of Mr. Kaczka and Mr. Wasser as proof that the M 0 Z workshop area has existed since before the City of Edmonds regulated setbacks. Therefore, the setback of the workshop is considered legal nonconforming and the X workshop may be continued and maintained at that setback per ECDC 17.40.020.B. > Z The workshop and house may not, however, be changed or altered in any manner which Cn increases the degree of nonconformity of the building. Edmonds Community Z Development Code section 17.40.020 addresses nonconforming buildings and that code 0 section is enclosed. rn Because the work that has been done does require a building permit, the Daltons will have to continue pursuing their building pen -nit. 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. I tRECEWED JAN 12 2004 PERMIT COUNTER RECORD OF INSPECTIONS INSPECTOR DATE APPROVED SETBACKS ..................... FOUNDATION: Footing ...................... Wall.......................... Pier/Porch ................. z 0 Retaining Wall ........... 0 M Slab Insulation .......... PLUMBING: 3: Underground ............. 1711 C M 0 Rough -In ................... -40 0 C Commercial Final ...... X M M Z HEATING: C Gas Test .................... > r Gas Piping ................. o -n Equipment ................. n 3:9 Commercial Final ....... M M EXTERIOR SHEATHING 0 NAILING .......................... 0 M C W 9 co FRAMING ........................ M 0 Z FIRST FLOOR FRAMING ... :..q INSULATION ................... vls 3: > Floor Insulation ......... z Wall Insulation ........... Ceiling Insulation ....... z 0 SHEETROCK NAILING ... --I 0 SPECIAL INSPECTION ... M MISCELLANEOUS .......... FINAL APPROVAL FOR OCCUPANCY ..................