2008-0271_WintersReasonableUseStairs.pdf
CE
ITY OF DMONDS
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121 5 Avenue North • Edmonds, WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us
DSD: PD
EVELOPMENTERVICESEPARTMENTLANNINGIVISION
August 1, 2008
Bobby R. Mills
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8112 206 Street SW
Edmonds WA 98026
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RE: BLD-2008-0271 – Sara Winters Reasonable Use Stairs @ 1138 6 Ave S (RS-6 Zone)
Dear Applicant,
I have reviewed the above building permit application for the Planning Division and it was found that the following
information, corrections, or clarifications will need to be addressed before review can continue. If you have any
questions, please do not hesitate to contact me. I look forward to working with you on this project.
Please provide a written response to the items mentioned below…
1.Reasonable Use Accommodation:
Your proposal falls under the category of “Reasonable Use
Accommodation” pursuant to ECDC 17.05 (enclosed). Please submit the following so I can process a separate
land use application for your request.
:
a.Fee A Reasonable Use Accommodation is a type of land use permit called a “staff decision” – please
submit the $100 permit review fee plus the $15 city surcharge ($115 total).
b.Supporting Information:
Please submit a doctor’s letter or note explaining the owner’s limitations, as
mentioned in the letter composed by Gwen Baugh (daughter of Sara Winters) that you submitted along
with the building permit application.
c.Mailing List:
FYI – the code requires us to mail notice of your request to those within 300 feet of the site.
Please submit a 300 foot adjacent property owner list, if you have one – otherwise, I can make this for you.
d.Covenant:
FYI – please review the enclosed ECDC 17.05 and understand that the owner will need to
eventually file a covenant with the Snohomish County Auditor’s office related to the conditions in the
code.
Sincerely,
Gina Coccia, Associate Planner
Phone: 425.771.0220, x 1778 | Email: coccia@ci.edmonds.wa.us
cc: BLD-2008-0271
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Sara Winters (owner) – 1138 6 Avenue South, Edmonds WA 98020
enc: ECDC 17.05 Reasonable Accommodation Process
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Please make all submittals to the Development Services Permit Coordinator (Marie Harrison) Monday through Friday, 8am-4pm (except
Wednesdays). All Edmonds Community Development Code (ECDC) citations can be found on the City of Edmonds website:
www.ci.edmonds.wa.us.
ECDC Chapter 17.05
REASONABLE ACCOMMODATIONS PROCESS
17.05.010 Purpose.
This chapter has been enacted to authorize the community services director or his designee to waive or vary
provisions of the Edmonds Community Development Code when necessary to reasonably accommodate the statutory
rights of the disabled under the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington
Law Against Discrimination (WLAD). This process shall be interpreted and administered in order to ensure the full
exercise and enjoyment of a disabled person's right to the residential housing of his or her choosing. The provisions
of this chapter shall not apply to commercial activities or zones; provided, however, that nothing herein shall be
interpreted to limit the exercise of a disabled person's rights by or through a residential care provider. In the event of
any conflict or if an interpretation of this chapter is required, it shall be implemented and interpreted in accordance
with the provisions of the Americans With Disabilities Act, the Fair Housing Act and the Washington Law Against
Discrimination. \[Ord. 3183 § 2, 1998; Ord. 3142 § 2, 1997\].
17.05.020 Reasonable accommodations.
A. Upon the application of a disabled person or individual or entity providing services to the disabled in a
residential facility or other group living arrangement, the community services director or his designee is hereby
authorized to vary, modify, or waive the provisions of the Edmonds Community Development Code, including the
provisions of ECDC Title 19, in order to provide a reasonable accommodation as necessary to provide to a disabled
person's or care provider to the disabled's full enjoyment of a residence.
B. The city's duty to accommodate is an affirmative one, and the community services director is thereby authorized
to provide accommodations in a thoughtful and proactive manner.
C. The following review may, at the discretion of the community services director, include citizen input into the
administrative process. The community services director shall provide written notice of the accommodation to the
applicant and property owners within 300 feet of the subject site.
D. When applying this reasonable accommodation process to the Edmonds Community Development Code,
including the State Building Code and other codes adopted pursuant to ECDC Title 19 and Chapter 19.05 ECDC, the
staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual
physical and/or mental limitation of the disabled individual in order to craft an accommodation which best suits the
exercise of that individual's rights. \[Ord. 3183 §§ 1, 2, 1998; Ord. 3142 § 2, 1997\].
17.05.030 Waiver of building code requirements.
No reasonable accommodation shall be provided by a waiver or variance of the provisions of the codes adopted
pursuant to Chapters 19.00 and 19.05 ECDC which does not substantially accomplish the purposes of those chapters
or which would reduce the fire safety of any structure. Modifications, waivers or variances of the provisions of Uniform
Building Code, Uniform Fire Code and the other codes adopted pursuant to Chapters 19.00 and 19.05 ECDC shall
provide at least the same level of safety required by the respective state code. The applicant shall have the burden of
establishing that the proposed modification, waiver or variance accomplishes substantially the same purpose without
reduction of fire safety. \[Ord. 3183 § 2, 1998; Ord. 3142 § 2, 1997\].
17.05.040 Accommodations personal to the applicant.
The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however,
that a change in a residential structure necessary to accommodate the operation of a residential care provider to the
disabled may be continued by future operations of similar facilities at the site who establish the same use within six
months of the date the prior use by disabled person or residential care provider ceases. The community services
director may therefore direct that any physical change in the structure which would otherwise be illegal under the use
or bulk requirements of the Community Development Code be brought into compliance six months after the date of
sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA and
WLAD. \[Ord. 3183 § 2, 1998; Ord. 3142 § 2, 1997\].
17.05.050 Appeal.
There shall be no appeal from the decision of the community services director within the city. Interested persons,
that is persons located within 300 feet of the building site, may appeal the reasonable accommodation by filing a
petition for review with Snohomish County Superior Court within 10 days of the date of mailing of the written notice of
decision. \[Ord. 3183 § 2, 1998; Ord. 3142 § 2, 1997\].
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