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City letter date 3-30-07.pdfInc 1gc�0 CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 48020 • (425) 771-0220 • FAX (425) 771-0221 Website: wwadedm4nds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering Dan E. Dean & Jackie S. Dean 8511218"' Street Southwest Edmonds, Washington 98026 RE: Swimming Pool in Rear Yard Reasonable Accommodation Dear Mr. & Mrs. Dean, GARY HAAKENSON MAYOR March 30, 2007 The City is in receipt of your request for Reasonable Accommodation for the rear yard swimming pool constructed under Building Permit BLD20060927. On November 2, 2006 the City issued the building permit for the construction of a swimming pool in the rear yard of the referenced property. The zoning for the property is RS -8 and requires a minimum side yard setback of 7.5 feet. The approved plot plan shows a west side yard setback of 11.5 feet. The survey submitted by Mr. Dean shows the swimming pool wall encroaching into the required setback by 2.5 feet (pool wall 5 feet from property line). Chapter 17.05 of the Edmonds Community Development Code (ECDC) for Reasonable Accommodation allows the Director to waive or vary provisions of the ECDC in order for a disabled person to have full enjoyment of the property or residence. When granted, a Reasonable Accommodation is personal to the applicant and shall not run with the land. Mrs. Dean suffers from Multiple Sclerosis a medical condition that is considered a disability under the ECDC 17.05 provisions and thus Reasonable Accommodation is hereby granted to allow the swimming pool setback encroachment. A Covenant shall be required to be recorded against the property explaining the accommodation and future demolition conditions. Please sign under notary, the enclosed Covenant (we suggest that your legal counsel review the document prior to your signing) and return to the City for recording. Note that the Covenant requires the pool to be removed in its entirety within 60 days upon the sale of the property or upon the death of Mrs. Dean. The Covenant also requires property owners to notify the City and obtain the proper permit to remove the swimming pool before work commences. You are also responsible for the recording fees for the document. If you have any questions please contact Jeannine Graf, Building Official at 425-771-0220 extensi n 1226 - Sin r ly, Duane V. Bowman Director Development Services Incorporated August 11, 1890 • Sister City- Hekinan, Japan