Dean Restrictive Covenant.pdfRETURN ADDRESS:
City of Edmonds, Building Division
1215th Avenue North
Edmonds, Washington 98020
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DECLARATION OF RESTRICTIVE COVENANT
SINGLE FAMILY SWIMMING POOL
Reference: BUILDING PERMIT BLD20060927
Grantor(s):1) Dan E. Dean 2) Jackie S. Dean
Grantee(s):_ _ _ City of Edmonds
Whereas, Dan & Jackie Dean are the owners of the following
described real estate in the City of Edmonds, to wit:
Legal Description (abbr). Sec 20 Twn 27 Rng 4 Qtr NW
Assessor's Tax Parcel #: 00408800000502
Address of Property: 8511 218th Street Southwest, Edmonds, Washington
Legal Description: Chegy Lane Blk 000 D-02. Land and allowed buildings. for S/C
except on PDP — ELY 70feet of Lots 5 & 6. ___
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City of Edmonds, Building Division
12t 5'h Avenue North
Edmonds, Washington 98020
DECLARATION OF RESTRICTIVE COVENANT
SWIMMING POOL
On November 2, 2006 the City issued a building permit (reference BLD20060927) 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
dated 10/10/06 indicates a west side yard setback of 11.5 feet. Mr. Dean submitted a survey to
the City on March 26, 2007 prepared by Michael E. Bell, LS #18075 indicating the swimming
pool wall encroaches into the required setback by 2.5 feet (pool wall 5 feet from property line).
At this time it appears that the Variance criteria cannot be met by the Dean's and unless the
zoning changed in this neighborhood the pool location is in violation of minimum setback
requirements. 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 and is on Doctor's direction for swimming exercises. The
medical condition of Mrs. Dean is considered a disability under the ECDC 17.05 provisions and
Reasonable Accommodation has been granted by the Director.
Witnesseth, that for and in consideration of the premises, the above named owners do hereby
declare and grant to the City of Edmonds as Grantee the following restrictive covenant, to wit:
That at the time of the execution of the Covenant the Grantors have chosen to continue
construction of the swimming pool in its present location with the full knowledge that the wall
encroaches into minimum required setbacks 2%z feet. The pool shall be removed in its entirety
within 60 days upon the sale of the property or upon the death of Mrs. Dean full cost to be borne
by the property owner; UNLESS, in the future, the ECDC is amended in such a way to allow the
setback encroachment of swimming pools. The property owners agree to notify the City and
obtain the proper permit to remove the swimming pool before work commences.
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City of Edmonds, Building Division
1215"' Avenue North
Edmonds, Washington 98020
Current and future owners shall adhere to the Reasonable Accommodation granted for the
subject property on file with the City of Edmonds and no changes to the specified use shall be
made without approval by the City of Edmonds Building Official.
Said Covenant shall be binding upon all present and future owners of said real estate and their
heirs, successors, and assigns.
Dated
day of , '='204 %
State of Washington }
County of ,Fnoho7r 1-1)
I certify that I know or have satisfactory evidence that Dan & Jackie Dean signed this
instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged
it as the owners {title} to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument. Subscribed and sworn to before me this —3 d
day of .;2-00
477.'7
Notary Public in and for the State of Was ' gton
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My commission expires 1i 4
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