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565 ELM ST.pdfW- -VF - _777-� -441W-V_ 77- APPLICATION FOR NON -CONFORMING UNIT PERMIT' AS PROVIDED FOR UNDER CITY OF EDMONDS ORDINANCE NUMBER 1946 APPLICANT: Mr. and Mrs. Ronald Chevalier ADDRESS: 565 Elm Street, Edmonds, Washington 98020, Phone: 774-0294 (home) 775-2717 (work) NATURE OF REQUEST: Pursuant to the provisions of the above mentioned Ordinance, wherein it appears that the Applicant is the owner of a Tri?-plex apartment building in a Duplex Zone, the request 4 is made to the Board, of Adjustment for a Single, Non Conforming Unit Permit. BACKGROUND: (As given by Mr. Chevalier) 4 My wife and I have had our home, for some ten years in Bothell, Washington. Three years ago we moved to Edmonds to be near our business, Chevalier Floor Covering, located in Edmonds, Washington. We found an apartment to live in and rented the same from Otto and Lillian Kurtz at 565 Elm Street., We rented this unit from 1974 until July, 1976 when we were approached by Mr. Otto Kurtz. (In July of that year Mr. Kurtz was ill, suffering fi:om what we understood to be cancer.) He asked us IL we had any interest in buying his apartment house. We had never considered purchasing the same prior to that time. Mr. Kurtz then reviewed his rental income from his three apartments (including our unit). After some discussion, over a period of days, we said we were interested and he had an earnest money drawn UP. (A copy of said Earnest Money Agreement is attached hereto by reference.) The sale was subsequently closed in August, 1976 through Pacific Northwest Escrow Company (a copy of our closing statement is attached hereto.) Since that time, my wife and I have been managing our tri-plex. In October of this year apparently, Kurtz received a letter from Mr. Joseph Wallis with regard to non -conforming apartment units. Mr. Kurtz J; has forwarded that letter to us. (Copyattached.) We, of course, discussed this matter with Mr. Xurtz, but CHESTEP R. NENNETr ATTORNZY AT LAW LKILIN BUILDING 119 FOURTH AVRHUX BUILDING KDMONDS, WASHINGTON 98020 V COME NOW, RONALD J. CHEVALIER and MARY DARLINE CHEVALIER$ his wife, and being first duly sworn upon oath, depose and say:, WITH reference to Section I of the above mentioned Ordinance Number 1946, it is our understanding that our building with three units does not complywith the City standards; that it really is in a duplex area and is, therefore, non-confor'ming. THEREFORE, we hereby make application to the Board of Adjustment, to avail ourselves of the remedial features of said Ordinance, by having the'Board authorize the continued non -conforming third apartment unit; and Under Section 5 of said Ordinance, entitled "Non -Conforming Unit Permit:. ---Innocent Purchaser, we hereby make application for such permit regarding o third unit. The legal description of our property is as follows: Lot 7, Highlands Park, according to plat recorded in Volume 23 of Plats, page 76, records of Snohomish County, Washington. To aid the Board in arriving at its decision, the Ordinance mentioned provides: Section 5, subsection a: That the owner has made a bona fide attemRt to eliminate the non -conforming unit by acquiring sufficient contiguou real property and has been unable so to meet the density requirements: In response to this question, we have sought some way to purchase CHESTER R. BENNETT ATTORNKY AT LAW LKILIK BUILDING fig FOUMM "KNUK BUILDING -2 - 906101409, WAGHINGTON 98020 XP 7 77,� ip property near us, but the property Is so totally developed all about us, that such a purchase is Impossible. (See sketch of surrounding properties.) Section 5, subsection b. The owner did not create the non-conformi#g unit., This is true. We neither created the same, nor did we knowthat our building did not have three "legal" units until well after the completion of our purchase of the tri-plex. Section 5, subsection c. The owner p chased the duplex or multi-farnily, dwelling in good faith with no knowledge of the non -conforming unit. Ibis is correct. As mentioned earlier, in our review of the rentals and being aware of the several (three) tenants in the apartment building for some two years urchase, during our tenancy, neither of us had notice of any kind, prior to our p that one of the units may or may not conform to the City of Edmonds Zoning code. FINALLY, in compliance with Section 6 of said Ordinance, we do agree to pay such sewer fees as may be attributable to our third unit, and further agree to pay the expense for the execution and recording the covenant as required by the City under 11.02.036. i977. DATEDthis dayo f aA" �,6 t b a a he, a ovev - 0 -,�hlstory: pplf A f Il wIn6. M r dated AuS 14s t '_Q73; you were adYI,r*1q4 V 4 'of.""The" :V olaties-Cl..t us&�. boVe% as "A 'Ordinances. The Board of Adjustment hearing, V-34-73, on November 26, 1973, did not grant a variance for the tri-plex In the RDi2one. ',-The.. -matter Lint, I F. June - Board of Adjustm'ent,continueo'-flie t In a:.posslbIe.re.-t­' to�,:.p I ow', yo;j -to'ob a -order. zoneof 'the properi y. .4m. ust there'fore advise you that unless this Is a ccomplished. We M before the and of June 1974, vacation of the Illegal unit In this building will be required. Very truly yours, EDMOND S BUILD114G DEPARTMENT Harry M. Whitcutt Bulld4ng Official MW/ae cc: plan qlng,.dept. 4* p _21 b M fc­ E Apri 1 30, 1975 Mr. Ot�o,Kurtzj "01 .3828 Serene Way -Wa. 98036 e,,�ifA I derwood, 'AanorF, t T; De Mr. Kurtz: Re: Contract Rezone(CR+I, 7W ar (RD) �.61 _y _E!M_Wa �ok AN,: It meeting of Apr 11 22, ,1975, This Is to Inform you that, at.counc f the., -0 4? theref ore, the use the above contract,rezone was denied, In r erty as a three unit a artment must'bd, term atedrandl'tW'�,�­,- P. p OP I ted tol.1two f am I I Y cupancy'. 'the structure 1 Im oW ng: -you thou I & be.:, aware of :'the-:,, I n Your�lnteres 1) Roomers are not permitted In the RD Zone, therefore,' no It by roomers can,be permitted occupancy of the lower un as a secondary use of the apartment above. Th.1s,woul I d be permItted':,by­varIanceW-- A be used 2) -What Is now--the.,third "unit �:In.�the building may In the eve -`,�as� part of the!unjt,,abo.. nt.-It.�As'se �V R :a 'sIn , gi s occupied by a single electric meterp on a single utill't billing account. By definition of y clude a "mother-in-law" use of single-family It.could In the lower level..: call. If we can be of fuither assistance to you pleas ruly yours, Very t EPARTMENT EDMONDS BUILDING D Harry M hitcutt W Building Official HM1W/ae STANDARDS AND CRITERIA Sec. 12.16.100 Variances: Conditions Governing Applications: Procedures. The Board, of Adjustment shall have the authority to grant a variance from the requirements of. this Ordinance, after considering the matter of a public hearing duly called, giVing notice as provided herein. A. The standards and criteria for the Board on applications for variances shall be, as follows: 1. In considering all proposed variances to this Ordinance, the Board shall., first determine that the proposed variance will not amount to a rezone'vand, constitute change in the district boundaries shown on the Official Zohing,ma 'p. 2. That special conditions and circumstances exist which are peculiar to the land.. such as size, shape, topography or location, not generally applicable to other lands in the same district and that strict enforcement of the provis.ions.of.'.. this ordinance would deprive the property owner of rights commonly,enjoye'd by, other properties similarly situated in the same district under the terms�_of this Ordinance; 3. That the special conditions and circumstances do not result from the actions�',­ of the applicant; 4. That there are unnecessary hardships and practical difficulties which render it difficult to carry out the provisions of this code; 5. That the granting of the variance will not be materially detrimental to.the public health, safety, morals or welfare or injurious to the property or im- provements in the vicinity and zone in which subject property is situated; 6. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible. the reasonable use of the land; 7. That the granting of the variance will generally be in harmony and compatible. with this Code and in particular the applicable zoning classifications.in Chapter 12.13, the intent expressed in such classifications and the Comprehen - sive Plan for the City of Edmonds, and will not be injurious to the neighborhood A or otherwise detrimental to the public health, safety, morals or general welfare in such factors as noise, sanitation, traffic, pollution, erosion, vibration, Zl* physical hazards. 8. The fact that the property may be utilized more profitably will not be an element of consideration before the Board of Adjustment. B. In granting any variance, the Board of Adjustment may prescribe appropriate condition and sai-eguards that will ensure that the - purpose and intent of this Ordinance shall not be violated. Violation of such conditions and safeguards when made part of the terms under which the variance is granted, shall be deemed a violation of this Ordin- ance and punishable under Section 12.16.160, "Penalties". APPEAL PROCEDURE 12.16.130 (c) The action of the Board of Adjustment shall be final and conclusive unless within ten days from the date of action taken by the Board of Adjustment at a public hearing, tile original applicant or an adverse party makes application to tile Superior Court for Snohomish County for a writ of certiorari, a writ of prohibition, or a writ of mandamus. (Ord.1554(part), 1971; Ord.1546(3) 1971; Ord.1372(l), 1968; Ord.1074(part)1964 AdIL, Secrvaryl Board of AdJustment" CITY OF. EDMONDS kE C E I P T N? 1251 PLANNING DEPT. CIVIC CENTER F EDMONDS, WASHINGTON 98020 Date J '�"vr.,--eeived of I T E M FILE NO. BARS ACCT. NO. AMOUNT SUBDIVISION 001 000. OW 341.32 REZONE 001 OOD. ODD, 34131 VARIANCE 001 000. OW 34131 COND. USE PERMIT 001 000, 000. 34131 SHORELINE PERMIT 001 ODD. 000. 341,34 OTHER U01 000, ODCY 341.50 Kl BOOK. MAPS j STATE SALES TAX 001 ODD, 000, 389,94 TOTAL t�� Date of Hearing--3-/-s---7? . .. ........ Time NOTICE OF HEARING PETITION FOR aMgENON CONDITIONAL USE PERMIT BY EDMONDS BOARD OF ADJUSTMENT All interested persons are hereby notified that Wednesday, the 15th day of 19 78 has been set as the'. __�Iarch date for hearing petition filed by Mr. and Mrs. Ronald Chevalier rJ;D 9=7srepermi t to maintain nonconforming, for a X*rAWMYA unit at 565 Elm Street. at 565 Elm Street said property being zoned. and lega ily described as follows: Lot 7, Highlands Park, according to plat recorded in Volume 23 of Plats, page 76, records of Snohomish. County, Washington Said hearing will be at.7:30 P.M. in'the Council Chambers of the :A Civic Ce nter, Edmonds, Washington before the Board of Adjustment and all interested persons are invited to appear. IRENE VARNEY MORAN City Clerk, City of Edmonds FILE NO: NCU-2-78 PUBLISH: 3-1-78 7 womb ArVID&VIT OF PUBLICATION STATE OF WA8BI0QT00) Notice of Houriog Petition em. File NO. NOl7-2~78 COUNTY OF 8ND8OMI8H> Rose Sellers being first duly sworn on oath, deposes and states: she That Ke is the legal clerk of the Edmonds Tribune Review, o weekly newspaper. That said newspaper io,a legal newspaper of general circulation and it is now and has been for more than six (6) mvotbo prior to the date of publication here- inafter referred to, printed in the English Language continuously as a weakly newspaper in Edmonds, Snohomish County, WoohloAtno, and it is now and during all of the said time was published in an office maintained at the afore- said place of publication of said newspaper. That the said Edmonds Tribune Review was approved as u legal newspaper by the Superior Court of Snohomish County, Washington. Court Order No. 38282. That the annex is a true copy of a legal notice as it was published in o regular issue (and not in supplement form) of said newspaper once a week for a period ofI_conaecutive weeks, commencing no the Istdoy of Mpreh , I , and ending on the day of , 19, both dates inclusive, and that said newspaper was regularly distributed to its subscribers during all of the aforesaid period. That the full amount of the fee charged for the foregoing publication in the sum of , has been paid in full, said charge being based on the -rates allowed by statutes of the State of Washington. SUBSCRIBED AND SWORN ID before me this NOTAO'OBLfC in and for the State of Washington, residing at Lynnwood 7 June 7, 1978 MEMO TO: Board of Adjustment FROM: Harry Whitcutt Building Official SUBJECT: NCU-2-78 563/65 ELM STREET (RD)�! The following applies to this matter: 1. The structure was built as duplex in 1966 under Permit #660555; 2. Interior remodelling was done to convert it into a triplex; The matter came to the attention of the City as a result of a complaint; A contract rezone (CR-1-75) to.permit a �triplex was denied by the City Council; '5. Subsequent adoption of Ordinance #1946,,, establishing abatement pr ocedures fornon— conforming units in duplex and multi -family, dwellings, permits this application to be. made. HW/le ... ...... .. IL 0 0 T I C E J Cm HEARIN OF Pmu"BLIA p 7,f GIVEN TO ALL INTERESTED PERSONS THAT��`A,"., NOTICE IS HEREBY PUBLIC HEARING. WILL BE HELD BY, THE*,: M, 0 _5 X., Lfa. f 0 CATION." HAVING BEEN., I .. ,.,AN �`�APPLI F LED F ........... Cori .... ............... ...... . .. �PROPERTY`DESCRIPTIOWOR ADDRESS:. ..................... ........................... ab, ',,,ZONE .. ........... jr ATE;��' 77�7 OF,. HEARING-7. -*,00 ]ME1�'!"&'�'D 7�, Dj�TE"-.! 7 DAY THE COUNCt ,.,.,THE MEETING WILL BE HELD IN L CHAMBERS OF THE EDMONDS I -'THISL'_�� �-,.CENTER, 5th: AVENUE AND BELL STREET. ANY PERSON, INTERESTED' IN ��PROPOSAL MAY APPEAR IN SUPPORT OF OR IN OPPOSITION TO IT.'' COMMENTS THE APPLICATION MAY BE SUBMITTED PRIOR TO OR., AT'�­THE BE MEETING, IN - PERSON OR IN WRITING ADDITIONAL INFORMATION .�MAY. 'THE PLANNING DEPARTMENT (PHONE 775-2525 BTAINED AT, EVENT, THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, '�THE� PUBLIC,' .HEARING WILL BE,CONTINUED TO'THE, NEXT REGULAR MEETING AT,.THE�'.,'S �,,�TIME_AND PLACE.' 4. ,,,,,,,FILE NO. n' 2,7 PUBLISHED. ............. The removal, mutilation, ' destruction, EWARNINU concealment of this notice prior to the date of the hearing is a misdemeanor punishable by fine and imprisonment.