20120615093559295.pdfC' I. o
June 14, 2012
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121 5th AVENUE NORTH ® EDMONDS, WA 98020 ® (425) 771-0220 m FAX (425) 771-0221
www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT
Rod Wickham
2812 Colby Ave
Everett, WA 98201
RE: Application BLD2012-0160 / Rebuild Existing Deck
Site: 802 6th Ave S
Owners: Jason & Shelly Waram
Dear Mr. Wickham,
DAVE EARLINC
MAYOR
This letter is to inform you that the application for the deck at 802 6th Ave South has been denied.
Unfortunately the deck does not meet provisions of the zoning code, preventing the planning
department from approving the proposed application. Attached is a memo explaining the findings.
If you wish to have your application and plans returned, please inform our offices. We will have them
available to you for 10 business days. After 10 business days, the plans will be recycled.
Sincerely,
Leo'.. �.
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Leonard Yarberrym��
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Building Official
City of Edmonds
Encl: memo
Cc: file
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To:
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Date:
Subject:
CITY OF EDMONDS • 1215th AVENUE NORTH ® EDMONDS, WA 98020
PHONE: 425.771.0220 ® FAX: 425.771.0221 9 WEB: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT: PLANNING -BUILDING
Leonard Yarberrry, Building Official
Mike Clugston; xCssociate Planner
June 14, 2012
Waram Deck Permit Denial (BLD -2012-0160)
Rob Wickham applied for a building permit to rebuild an existing deck at a house owned by Jason and Shelly
Waram at 802 6th Avenue South. While the Building Division was able to approve the plans based on
compliance with current building codes, two zoning code issues preclude approval of the subject permit by the
Planning Division.
Based on the most recent site plan provided on June 5, 2012, most or all of the deck encroaches into the 20'
street setback from the Hemlock Way property line, which is required for the RS -6 zone where the parcel is
located. [The parcel is a corner lot which has two 20' street setbacks from the north and east property lines and
two 5' side setbacks from the west and south property lines.] Since the existing deck does not meet current
zoning requirements, the question then is whether the deck is a nonconforming structure with respect to the
setback. If it was found to be nonconforming, it could be maintained in accordance with Chapter 17.40 ECDC.
To be considered nonconforming, however, an existing structure must meet the definition in ECDC
17.40.020.A:
A nonconforming building is one which once met bulk zoning standards and the site development
standards applicable to its construction, but which no longer conforms to such standards due to the
enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such
ordinance in the case of a structure annexed to the city. Subject to the other provisions of this section, an
accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if
photographic or other substantial evidence conclusively demonstrates that the accessory building existed
on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the
date shall be that of the effective date of the annexation of the city of Edmonds. Such presumption may
be overcome only by clear and convincing evidence.
The deck does not meet the standards of this definition. First, the parcel has been in the City for decades and
zoned RS -6 since at least 1966 when the parcel was part of a 4 -lot short plat (PLN19660061). Second, neither
the applicant nor the homeowners have provided "photographic or other substantial evidence conclusively
demonstrating] that the accessory building existing on or before January 1, 1981." The only evidence offered
was a letter submitted on June 5, 2012, by the applicant from an 'Edmonds resident' with purported knowledge
that the deck was built prior to 1981; that is neither 'substantial' nor 'conclusive' as required by the
nonconforming definition. At the same time, aerial photographs maintained by the City dating from 1974 and
1978 do not show a deck in place at those times (the deck appears by 1990 as seen on a Google Earth aerial).
Finally, there are no building permit records in the City's files indicating the deck was permitted by the City.