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ADU-07-55 Staff Report.pdfCITY OF EDMONDS PLANNING DIVISION ACCESSORY DWELLING UNIT PERMIT FILE # ADU-2007-55 OWNER Kathryn Wingenbach APPLICANT Rolland Wright T PROPERTY LOCATION 17909 — 75"' Place West PROJECT DESCRIPTION Accessory DweIlingUnit Permit ^�^ A. INTRODUCTION: The applicant has applied for an Accessory Dwelling Unit (ADU) Permit for the property located at 17909 — 75"' Place West. See Attachment 1 for a copy of the application and Attachment 2 for a zoning and vicinity map. The applicant has proposed to convert a portion of the lower floor of the existing single family residence (see Attachment 3) into an ADU. The proposed ADU would contain a bedroom, living room, kitchen, and bathroom. See Attachment 4 for the floor plans of the existing lower and upper floors of the residence and Attachment 5 for the floor plans of the proposed lower and upper floors of the residence, including the ADU. Because the applicant is proposing to have separate kitchen, bath, and sleeping facilities within the remodeled residence, an Accessory Dwelling Unit (ADU) Permit is required. Approval of an ADU requires compliance with Edmonds Community Development Code (ECDC) Chapters 16.20 and 20.21. B. COMPLIANCE WITH ECDC CHAPTER 16,20: Section 16.20 of the Edmonds Community Development Code provides the purposes by which development in single family zones is to be reviewed. The purposes of the RS — Single -Family Residential zone are to reserve and regulate areas primarily for family living in single-family dwellings and to provide for additional non- residential uses which complement and are compatible with single-family dwelling use. Per 16.20.010, an Accessory Dwelling Unit (ADU) is an allowed secondary use with a conditional use permit. The proposal is required to comply with the purposes of the single-family residential zone and the criteria outlined in Chapter 20.21. Based on staffs review of the specific ADU criteria (as described in Section C of this report), staff feels that the proposal is in compliance with the purposes of the single-family zone. C. COMPLIANCE WITH ECDC CHAPTER 20.21: Section 20.21.030 of the Edmonds Community Development Code provides the criteria by which Accessory Dwelling Units (ADUs) are to be reviewed. In order for the permit to be approved, all of the criteria must be met. The criteria for approval are as follows: (1) Land Use Permit; (2) Number of Units; (3) Size; (4) Location and Appearance; (5) Parking; (6) Occupancy; and (7) Safety, Light, Ventilation, Floor Area, and Similar Factors. The ADU criteria were crafted to ensure that ADUs would comply with Chapter 16.20 of the Edmonds Community Development Code. Detailed explanations of staff s review of each criteria follows. 1. Land Use Permit Re aired: Per Edmonds Community Development Code (ECDC) Chapter 20.21,030 Section A, a land use permit is required for approval of an attached ADU. An application for a land use permit was submitted to the City on July, 3, 2007 by the applicant's representative (see Attachment 1). The application was determined to be complete on July 31, 2007, and a letter of completeness was sent to the applicant. Therefore, this criteria has been met. Kathryn Wingenbach File No. ADU-2007-55 Page 2 of 5 2. Number of Units: The proposal will result in only one ADU. This is in compliance with the number of units allowed per Edmonds Community Development Code (ECDC) Chapter 20.21.030 Section B. Therefore, this criteria has been met. 3. Size: The following table describes both the maximum size that Accessory Dwelling Units are allowed to be as well as the proposed size for this application: Maximum Allowed Proposed 40% of livable area of the primary dwelling 32% of livable area of the primary dwelling 2 bedrooms 1 bedroom 800 square feet 688 square feet The applicant has indicated that there will be a total of 688 square feet for the proposed ADU. They have given the remaining livable portion of the residence, excluding the area of the garage and workshop, as 1,453 square feet. The applicant has indicated that the space originally labeled on the upper floor plan as "unfinished area over garage" is sheet -rocked and insulated; therefore, this space is considered livable and may be included in these calculations. Thus, the total livable floor area for this application is 2,141 square feet, which is the sum of the area of the proposed ADU (688 square feet) plus the livable floor area of the remainder of the residence (1,453 square feet). At 688 square feet, the proposed ADU would comprise 32% of the total livable floor area for this property. Attachment 5 contains proposed floor plans for the lower and upper floors and includes the applicant's calculations for the size of the livable area of the residence and the area of the proposed ADU. Since the applicant is requesting approval of an ADU that is less than 40% of the livable area of the residence, less than two bedrooms, and no more than the maximum allowable size of 800 square feet, staff feels that the application meets the size criteria. 4. Location and Appearance: Existing Conditions — The subject property currently contains an existing two-story residence. Attachment 4 contains the floor plans for the existing lower and upper floors. A building permit has been issued (File No. BLD-2007-0673) for an interior remodel of the residence as shown in the proposed upper and lower floor plans in Attachment 5. The applicant wishes to convert a portion of the lower floor that is currently being remodeled into an ADU. Applicant's Proposal --- A building permit has been issued (File No. BLD-2007-0673) for an interior remodel of the residence as shown in the upper and lower floor plans in Attachment 5. The applicant wishes to gain approval for the remodeled portion of the lower floor to be used as an ADU. No exterior changed are proposed to the existing residence. The ADU is proposed to be accessed from within the residence; therefore, the entrance to the ADU will not be visible from the street. How Applicant's Proposal Meets the Location and Appearance Criteria — Since the changes that are to be conducted to the existing residence are entirely interior changes, the ADU would not compromise the single-family appearance of the existing residence. Per Edmonds Community Development Code (ECDC) Chapter 20.21.030 Section D, "the design of the Accessory Dwelling Unit shall be incorporated into the design of the principal dwelling unit and shall be designed to maintain the architectural design, style, appearance, and character of the main building as a single-family residence using matching materials, colors, window style, and roof design." Staff determines that the proposed ADU does in fact maintain the Kathryn Wingenbach File No. ADU-2007-55 Page 3 of 5 architectural design, style, appearance, and character of the main building since no changes are currently proposed to the exterior of the building and since the proposed access to the ADU will be from within the residence. For these reasons, it is staff's position that the subject application complies with the location and appearance criteria. 5. Parking: Edmonds Community Development Code (ECDC) Chapter 20.21.030 Section E states that one off-street parking space in addition to the on -site parking spaces normally required for the principal dwelling shall be required to be provided for the Accessory Dwelling Unit. Therefore, a total of three parking spaces are required; two of which may be tandem spaces. The residence contains an existing two -car attached garage. Additionally, the applicant has provided the length of the driveway that is paved up to the cul-de-sac as 30 feet (Attachment 6). Since two of the three required parking spaces may be tandem spaces, the required parking spaces can be accounted for with two spaces in the garage and one in the driveway in front of the garage. The Engineering Division has added a condition of approval requiring the paved surface on the private property from the face of the garage to the right-of- way to be a minimum of 18 feet in length (Attachment 7). Staff has determined that with the Engineering Division's condition for the third on -site parking space to be at least 18 feet in Iength, this criteria has been met. 6. Occupancy: Edmonds Community Development Code (ECDC) Chapter 20.21.030 Section F states that as a condition of approval, the homeowner will be required to sign before a notary, an affidavit regarding their occupancy of one of the units for a minimum of six months of each calendar year. The applicant has submitted a notarized affidavit to the City that meets this requirement (see Attachment 8). This criteria has been met. 7. Safe Light, Ventilation Floor Area and Similar Factors: Edmonds Community Development Code (ECDC) Chapter 20.21.030 Section G states that as a condition of approval, the applicant is required to apply for a Compliance Permit and inspection by a City Building Inspector to ensure that the Accessory Dwelling Unit meets the requirements of all life -safety codes and standards. Any conditions or corrections resulting from the inspection must be complied with per code requirements. Any approval of an ADU should be conditioned to require compliance with the Building Department's inspection requirements. This has been made as a condition of approval for the ADU permit. Therfore, this criteria has been met. D. TECHNICAL REVIEW: The Engineering Division has approved the subject proposal with the condition that the paved surface of the driveway on the private property must be a minimum of 18 feet in length in order to provide the third parking space required for the ADU (see Section C.5 above). The Fire Department has approved the subject proposal with the condition that interconnected smoke alarms must be provided throughout both dwellings. The Building Division provided the comments included as Attachment 9, which include the condition that a building permit is required for the proposed ADU. The Public Works and Parks and Recreation Departments did not have any comments on the subject proposal. E. PUBLIC COMMENTS: No public letters of comment have been received on this proposal. Kathryn Wingenbach File No. ADU-2007-55 Page 4 of 5 F. DECISION: Approved with the followine conditions: 1. This permit shall expire automatically if any of the following issues arise: a. The Accessory Dwelling Unit is substantially altered and is thus no longer in conformance with the plans and drawings reviewed and approved by the permitting authority and Building Official. b. The subject site ceases to maintain the required number of parking spaces. c. The property owner ceases to reside in either the primary residence or the Accessory Dwelling Unit, the owner -occupied unit is rented, or the current (or future) owner fails to file the affidavit required under ECDC 20.21.025.A.1, 2. A Compliance Permit must be obtained from the Building Division and final inspection must be made and occupancy approval granted by the City Building Inspector prior to the area being used as an ADU. Specific comments from the Building Division will be addressed during review of the Compliance Permit. 3. The paved surface on private property for the parking space for the ADU shall be a minimum of 18 feet in length. 4. Provide interconnected smoke alarms throughout both dwellings. 5. A single-family dwelling may have no more than one Accessory Dwelling Unit per lot. 6. The Accessory Dwelling Unit Covenant must be filed with the Snohomish County Auditor. Prior to occupancy of the Accessory Dwelling Unit, the applicant must either: a. Provide the City processing fee of $15 plus the County recording fee of $40 for one page, for a total of $55 plus $1 for each additional page, and the City will record the covenant for you; OR b. Take the covenant to the County and record it for the County's recording fee of $40 for one page plus $1 for each additional page, and return a copy of the recorded covenant to the Edmonds Planning Division with the Auditor's recording sticker on it. 7. The Accessory Dwelling Unit permit shall not be transferable to any site other than the subject site described in the application. The Accessory Dwelling Unit permit is transferable to new owners of the subject property unless there is a violation of any conditions of approval listed above. New owners must file a notarized Accessory Dwelling Unit Affidavit with the City of Edmonds Planning Division. G. ATTACHMENTS: 1. Application 2. Zoning and Vicinity Map 3. Applicant's Statement 4, Floor Plans of Existing Lower and Upper Floors 5. Floor Plans of Proposed Lower and Upper Floors 6. Site Plan 7. Engineering Division Approval 8. Affidavit 9. Building Division Comments Kathryn Wingenbach File No. ADU-2007-55 Page 5 of 5 I have reviewed the application for Accessory Dwelling Units pursuant to Chapter 20.21 of the Edmonds Community Development Code. Division Date Request for Reconsideration Section 20.95.050.B.2. provides for Staff to reconsider his/her decision or recommendation if a written request for reconsideration is filed by the applicant within ten (10) working days of the date of the initial decision. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed, and include the fee. Appeals Section 20.105.010.A describes how appeals of a Staff decision shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project applicant and the date of the decision, the name and address of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong, and the fee. The appeal must be filed with the Development Services Director within fourteen (14) calendar days after the date of the decision being appealed. Appeals are presented to the Hearing Examiner. Timeframes The time limits for Reconsiderations and Appeals run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the staff has issued their decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example, if a reconsideration request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the staff issues their decision on the reconsideration request. city of edmonds land use application ❑ ARCHITECTURAL DESIGNREVIEw G COMPREHENSIVE PLAN AMENDMENT CONDITIONAL USE E PERMIT a Ct M lM FILE #%tbtk- 07--J5ZONE ❑ HOME OCCUPATION DATE 3 REC'D BY QP. ❑ FORMAL SUBDIVISION + F 0 SHORT SUBDIVISION FEE �OS RECEIPT#_ �Q�{ ❑ LOT LINE ADJUSTMENT HEARING DATE NIA ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ©HE XSTAPF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION © REZONE (5 SUrlha��' 505 ❑ SHORELINE PERMIT ❑ VARIANCE/REASONABLE USE EXCEPTION 490 admiVI Wp ❑ OTHER; PROPERTY ADDRESS OR LOCATION r vv PROJECT NAME (IF APPLICABLE) 1 n �� (� 1 �7 PROPERTY yO�WjNER vV t & ba( ONE # a� 7 T �1 / ADDRESS 1 f (D11;A _ k .^,,� E-MAIL ADDRESS -' ' W11 ' Y � FpAX # TAX ACCOUNT # )000 Z (O Q Q SEC. C TWP. fir. RNG. O D CRIPTION OF PROJECTOR PROPOSED USE APPLICANT PHONE # ADDRESS E-MAIL ADDRESS FAX # CONTACT PERSON/AGENT C Y t PHONE # q o ADDRESS E-MAILADDRESS ' h �' 3 Sn . CEN r, FAX # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents Or employees, By my signature, I certify that the information a d exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to Tle this a lication on the behalf of the owner as listed below, i SIGNATURE OF APPLICANTIAGEN f E,— DATF '�7 t f Property Owner's Authorization By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of 'nspection a d posting attendant to this application. SIGNATURE OF OWNER DATE 1 This application form was revised o�/27/00, To verify whether it is still current, call (425) 771.0220, Attachment 1 L,\LISRARYIFLANNTNG\Forms & HandoutsTublic Handauts\Land Use Appiication.doc 0,� ED Zoning and Vicinity Map _ 0 50 100 200 File No. ADU-2007-55 Feet /nc. t890 Attachment 2 CRITERIA STATEMENT Pursuant to Land Use Permit Application Property Owner. Kathryn M. Wingenbach Property Address. 17909 75h pL. W., Edmonds, WA 98026 This residence and the proposed Accessory Dwelling Unit (ADU) are located within two miles of Edmonds Community College, providing an attractive and affordable rental space for one or two students, In addition the ADU would provide me with the option of occupying that space myself in the future should I no longer be able to deal with the stairs required to access the primary living area. The rental income would allow me to continue to live here, since property taxes are increasing significantly faster than my income. The proposed ADU would not be visible from the street and will not require any significant exterior modifications. There are already an adequate number of parking spaces, since the house has a two -car garage and space for two more cars in the driveway. There should be no impact on neighbors or property values, except to increase the value of my residence if the permit were to run with the land. Attachment 3 Q Qu N O � �J3 O Y ILL _ z d : V f 1 1 �- � � n �- -----��ALd IU 1 § O f � i` S p �f E3 " ti it t.1 too :Attachment 5 (2 pages) G � k � U i R i , i r t e I t� , ; i 1 l r i Gomm Giyowl �- Yt`i-f" •` ° jQi Wiphowsom �PLIC DEV PMENT <SERES AP ANT �uNa-F � Sc �Ev Attachment 6 - r j ITO �3 }At ti~ Attachment 7 ACCESSORY DWELLING UNIT AFFIDAVIT On my oath, I certify that I reside at (7gDq 7 Edmonds, Washington, in the primary or accessory dwelling unit for more than six months of every year. Assessor's Parcel Number: 0047!- fin z-cou—C, --- Signature of Property Owner(s) STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) Subscribland s' 1 rn to before me this 3rof day off fV Z r �7 7......_ o ubl c in and for a State of Washington Res Log at 1sev`v VE 3uj- Attachment 8 � QF EDA,l r; .5 BUILDING DIVISION COMMENTS ,,�; Fst_ 1890 Date: July 23, 2007 ft To: File PLN-2007-55 Jut .2 3 2 44) From: Jenny Readwin, Plans Ex qtnp Building Division comments for proposed ADU Subject: Site Address: 17909- 75th Place W Owner: Wingenbach In reviewing the above noted application for an Accessory Dwelling Unit (ADU), the Building Division has the following comments: A building permit is required for the ADU including the associated remodeling. The applicant has applied for a building permit (BLD 2007-0613) to be reviewed concurrently with this ADU application. Specific Building Division issues will be provided to the applicant upon review of the building permit application. Please note, it is the owner's responsibility to determine the feasibility of development of an ADU for building code compliance. Attached is list of items which are meant to assist you in determining the feasibility of such a project. City of Edmonds c�a Building Division Attachment 9 (4 pages) Building Division and International Residential Building Code ADU Requirements A SEPARATE BUILDING COMPLIANCE PERMIT IS REQUIRED FOR ALL ADU'S *ADU'S MUST COMPLY WITH ADOPTED BUILDING CODE PROVISIONS FOR A SEPARATE DWELLING UNIT. SHOW CODE COMPLIANCE WITH THE FOLLOWING ITEMS ON THE FLOOR PLAN TO BE SUBMITTED WITI I THE BUILDING PERMIT APPLICATION (see form "A"SEPARATE ,PEE AND APPROVAL REQUIRED* 1) MINIMUM ROOM SIZEICEILING I1EIGHT/EXITINGISTAIR AND GUARDS The ADU unit must contain a main living room, kitchen, separate bedroom, and separate bathroom. The floor area of the unit must meet the following minimum requirements: a) The main living room shall have a minimum floor area of 120 square feet b) Habitable rooms shall have a floor area of not less than 70 square feet (not including kitchens, bathrooms, hallways and storage) c) Habitable rooms shall have a minimum width of 7'-0" in any dimension (not including kitchens,. bathrooms, hallways and storage) d) Habitable rooms shall have a ceiling height of T-0" minimum (not including kitchens, bathrooms, hallways and storage) e) For sloped ceilings, not more than 50% of the required floor area of a room or space is permitted to have a sloped ceiling less than 7 feet, with no portion of the required floor area less than 5' feet. f) One main exit door is required from each unit to the exterior with out requiring travel through a garage, 3'x 6'8" minimum with a complying 3' x 3' landing. g) The bathroom shall have a toilet, sink, bathtub or shower with hot and cold running water. Toilets shall be located in a space where there are no obstructions less that 15" inches measured from the centerline of the toilet to the obstruction, and a minimum clear space in front of the toilet of 21" inches_ Shower stalls shall be a minimum of 30"x 30" (outside dimensions). h) One kitchen sink required with hot and cold running water. i) Stairway handrails shall meet the following requirements: 0 Top of handrail 34" to 38" above the stair tread nosing; • Handrail grippable cross-section shall be 1'/a"-2" maximum. j) Guards are required to protect falls greater than 30" (i_e., stair landings, balconies, etc), guards shall be 36" minimum in height with no openings greater than a 4 inch sphere. Open stairs with a total rise of more than 30" shall have guards no less than 34". k) Hallway width 36" minimum. Page 4 of 6 ADU Handout.doc 2) SMOKE ALARMS (Smoke Detectors) When no remodeling work is performed, battery operated smoke alarms are required throughout both units in the following locations: a) Each sleeping room. b) Centrally located in hallways or areas accessing sleeping rooms (when sleeping rooms are on the upper floor, smoke alarms must be installed near the stairway)_ c) Minimum of one smoke alarm installed on each floor, including basement. When remodeling work is done, the following is required: a) Newly created sleeping room(s) shall have hard wired smoke alarms with battery backup_ b) When more than one smoke alarm is required to be installed within an individual dwelling unit the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all sleeping rooms over background noise levels with all intervening doors closed_ (See exception R313.1.1 Exceptions). 3) EMERGENCY ESCAPE AND RESCUE OPENINGS One openable emergency escape window or door is required in every sleeping room and basement and windows shall meet all of the following requirements: a) Openable area of not less than 5.7 square feet (Exception: Grade floor openings shall have a minimum net clear opening of 5 square feet)_ b) Minimum clear opening height of 24" c) Minimum clear opening width of 20" d) Finished sill height of not more than 44" above the finished floor e) Emergency escape windows with a finished sill height below adjacent ground elevation shall have a window well meeting the following requirements: • Window wells shall be a minimum of 9 square feet with a minimum horizontal projection and width of 36", and the window must able to fully open within this space. • Window wells with a vertical depth greater than 44" shall have a permanently affixed ladder or stairs that do not obstruct the window in the open position. The ladder or stairs carmot encroach into the minimum window well size requirements by more than 6". 4) NATURAL LIGHT a) All habitable rooms shall be provided with aggregate glazing area of not less than 8 percent of the floor of such rooms (not including kitchen, bathroom, hallways or storage). 5) VENTILATION: a) Natural ventilation shall be through windows, doors, louvers or other approved openings to the outdoor air_ Such openings shall be provided with ready access or shall otherwise be readily controllable by the building occupants_ The minimum openable area to the outdoors shall be 4 percent of the floor area being ventilated. (See R303.1 Exceptions for mechanical ventilation alternatives)_ b) Bathrooms and laundry rooms shall be provided with a openable window area of not less than 3 square feet half of which must be openable for ventilation_ In lieu of such glazed area, mechanical ventilation may be provided at 50 cfm minimum. c) Kitchens shall be provided with a minimum 100 cfm exhaust fan_ page 5 of 6 ADU I landout.doc 6) HEATING: Heating facilities shall be capable of maintaining a room temperature of 68°F at a point 3 feet above the floor and 2 feet from exterior walls in all habitable rooms. Each separate dwelling unit shall be provided with isolated thermostats to control heat. NOTE: THE PURPOSE OF THIS HANDOUT IS TO ASSIST THE PUBLIC IN COMPLYING WITH DETAILED PERMIT SUBMITTAL REQUIREMENTS_ IT IS NOT A COMPLETE LIST OF PERMIT OR CODE REQUIREMENTS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR APPLICABLE LAWS AND REGULATIONS. IT IS THE RESPONSIBILITY OF THE OWNERIDESIGN PROFESSIONAL TO REVIEW THE SUBMITTAL FOR COMPLETENESS. ONLY COMPLETE APPLICATIONS WILL BE ACCEPTED BY THE CITY FOR REVIEW. BUILDING INSPECTION PROCEDURES AFTER THE ADU PERMIT IS ISSUED, A 24 HOUR NOTICE IS REQUIRED TO SCHEDULE FOR A BUILDING INSPECTION. CALL (425) 771-0220 EXT. 1333 FOR A VOICE RECORDED HOTLINE. INSPECTION REQUESTS CALLED IN BEFORE 7:00AM MAY BE REQUESTED FOR THE SAME DAY. The following must be identified on your voice mail message to guarantee an inspection_ l . DATE AND TIME OF CALL 2. PERMIT NUMBER 3. ADDRESS OF ACCESSORY DWELLING UNIT 4. LAST NAME OF OWNER 5. STATE TYPE OF INSPECTION NEEDED 6. STATE DAY AND DATE THE INSPECTION IS NEEDED —YOU MAY PREFERENCE MORNING OR AFTERNOON 7. IF SPECIAL CIRCUMSTANCES REQUIRE ADDITIONAL INFORMATION FOR THE INSPECTOR LEAVE A BRIEF MESSAGE If deficiencies are noted during inspection, a Correction Notice will be posted at the site_ Corrections shall be made within 30 days unless special circumstances prevent the owner from making such corrections. Re -inspection fees shall be assessed when work is not ready for inspection. Page 6 of 6 ADU Handout.doc