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20121207080129666.pdfInc. 1890 July 14, 2009 Edmonds , r1i 'ii tl,r Planning D'rr 1 Courtesy Notice of Application The City has received a "reasonable accommodation" request by Richard Tauber for his property at 8504 1981h Street SW, Edmonds (Files STF-2009-16 and BLD -2009-283). Mr. Tauber has applied for a building permit (currently under review) for an accessible carport in order to provide safe and covered access from his driveway to his front door. However, this new carport addition is proposed within the required setback area and also reduces the number of onsite parking spaces down from the required two spaces per lot to one. Chapter 17.05 of the Edmonds Community Development Code (ECDC) was enacted to authorize staff, when necessary, to reasonably accommodate the statutory rights of the disabled under the Americans with Disabilities Act, the Fair Housing Act or the Washington Law Against Discrimination. Staff has determined that the applicant (owner) is disabled as documented in a letter from his doctor, and qualities under the above code citation for this request. In addition, the applicant is required to file a covenant with the Snohomish County Auditor's Office that contains specific conditions; for example, the accommodation is personal to the owner and does not run with the land, so if/when the property is sold, the carport will need to be removed to meet code through a demolition permit). Although not required by city code, notice is being provided to owners within 300 feet of the site. Pursuant to ECDC 17.05.050, a reasonable accommodation is not an administratively appealable decision. 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. The file(s) are available for review in the Planning Division, located on the second floor of City Hall. Please don't hesitate to contact me if you have any questions. Sincerely, Gina Coccia, Associate Planner City of Edmonds Development Services Department 121 5`h Avenue North, Edmonds WA 98020 Coccia@ci.edmonds.wa.us 1425.771.0220, extension 1778 CC: Reasonable Accommodation File STF-2009-16 Building Pernrit File BLD -2009-283 City of Edmonds Street File Property owners and residents within 300' of the subject site. Owner Richard Tauber Terry Smith I TDSA Architecture — 29607 4`h Avenue South, Federal Way WA 98003 Robert Scarr, MD I The Everett Clinic — 3901 Hoyt Avenue, Everett WA 98201 City of Edmonds ca3 Planning Division `'t C. 18`J11 July 14, 2009 Richard Tauber 8504 198`h Street SW Edmonds WA 98026 CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION SUBJECT. Reasonable Accommodation Request, File # STF-2009-16 Dear Mr. Tauber: Thank you for submitting an application for a reasonable accommodation request for a carport at 8504 198`h Street SW in the Single -Family Residential (RS -8) zone. 1. Decision: I have reviewed your proposal with compliance with the code and the courtesy notice of application and covenants are attached. Please note that there are several required conditions of approval. Please read through the attached documents contact me if you have any questions. 2. Buildine Permit: One of the requirements is that you follow through with obtaining your building permit (BLD - 2009 -0283). Please contact a Permit Coordinator (Theresa Umbaugh) at 425.771.0220 if you have any questions about this required process. As stated in the conditions of approval for your building permit, you will not have "final" approval for the carport from the Planning Division until the covenant is recorded and a copy returned to my attention, which will allow me to close out your file. 3. Reasonable Accommodation Covenant: As required, a signed and notarized covenant must be recorded at the County Auditor's Office. I'm enclosing a legal -sized copy of the covenant for you to sign before a notary public. Either I can record the signed covenant for you ($20 administrative fee will be added to the County's recording fee), or you can recorded it at the County yourself and return a copy to me). If you have questions about where to find a notary public, please contact me. Also, please note that the County plans to increase their recording fees effective July 26, 2009. If you have any questions at all about the decision, the conditions of approval, or the upcoming processes that must be completed, please don't hesitate to contact me at 425.771.0220, extension 1778 or via email at coccia@ci.edmonds.wa.us. Sincerely, Gina Coccia Associate Planner cc: File STF-2009-16 Terry Smith I TDSA Architecture — 29607 d"' Avenue South, Federal Way WA 98003 enc: Reasonable Accommodation Covenant Courtesy Notice of Application PLANNING CONDITIONS: 1. Reasonable Accommodation Covenant shall be recorded at the County Auditor's office and returned to the Planning Division prior to Final Inspection. 2. Owner will inform his successors and assigns of the property that a reasonable accommodation has been granted pursuant to ECDC 17.05.040 to allow the construction of a carport to provide safe and covered access from the driveway to the house. 3. Owner will inform his successors and assigns of the property that the carport shown in file BLD -2009-283 is constructed within the required setbacks and causes the total required onsite parking to be reduced from two down to one space. 4. Owner will inform his successors and assigns of the property that the reasonable accommodation is personal to the Owner and shall not run with the land. 5. Owner will inform the City Building Official in writing within 30 days of any change in property ownership. 6. Owner shall remove the carport within three months if the carport is no longer required for accessible ingress/egress. In the event that the carport is no longer required for accessible ingress/egress, Owner shall obtain all required demolition permits for the removal of the carport prior to commencing that work. 7. Owner shall obtain a complete building permit for the carport in accordance with all construction codes and ordinances in effect on the date of the application for the building permit. Any and all deficiencies noted during inspection of the carport shall be corrected within 60 days of notification. Date: July 10, 2009 To: Gina Coccia, Planner From: Jeanie McConnell, Engineering Program Manager Subject: STF20090016, Reasonable Use Accommodation 8504 198" St SW The comments provided below are based upon review of the application and the documents submitted for the construction of a carport within the setbacks at 8504 198t' St SW. Additional information is requested from the applicant at this time. Please ask the applicant to respond to the following. A minimum of two on-site parking stalls must be provided with every single family residence. The proposed carport limits parking within the driveway to one vehicle. Please revise plans to provide accommodations for two on-site parking stalls. Typically, a parking area for two vehicles side by side would be a minimum of 20 -feet in width by 20 -feet in length. Please note, the review comments provided above are specific to the review of the reasonable use accommodation and do not specifically address those items that will be reviewed as part of the building permit application, which is also under review by the City. Thank you. City of Edmonds 3901 Hoyt Avenue ® Everett, WA 98201 425-259-0966.. To whom it may concern: Mr Tauber should be granted a variance for the construction of a carport. He requires cover for safety reasons, while transferring from his wheelchair to the car. Sincerely, X 4-k- Y -1 - Robert Scarr, MID Pagel of 19704097