Foster8-8-07.pdf
August 8, 2007
Herman Foster
1119 E. John St.
Seattle, WA. 98102
Case: # ZE-07-215 (2007-0080)
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Subject property: 419 3 Ave. N., Edmonds, WA. 98020
Dear Mr. Foster,
The City has received a complaint regarding a vacation rental property developed at the subject
property. The Edmonds Community Development Code (ECDC) addresses this land use as
follows:
4.72.023 Registration of transient accommodations.
It shall be unlawful for any person, partnership or corporation to operate a bed and
breakfast establishment or other form of transient accommodation without first registering
such accommodation with the city's fire marshal. Transient accommodation shall mean
any hotel, motel, condominium, resort or other facility regardless of size which offers rental
of one or more lodging units on a daily or weekly basis. It shall not include rooms let on
month-to-month leases or longer tenancies. Application for a business license shall satisfy
the requirements of this section; any transient accommodation exempt from the provisions
of this chapter shall register in writing with the fire marshal on a form designated for use
by the fire marshal. Violations of this section shall be punishable by a fine of $20.00; each
and every day of violation shall constitute a separate offense. \[Ord. 2566 § 1, 1986\].
The ECDC also defines the family type allowed in residential zones as follows:
21.30.010 Families.
A. Family means individuals consisting of two or more persons related by genetics,
adoption, or marriage, or a group of five or fewer persons who are not related by genetics,
adoption, or marriage and none of whom are wards of the court unless such wards are
related by genetics, adoption, or marriage to all of the members of such group living in a
dwelling unit.
B. The term family shall include:
1. State licensed adult family homes required to be recognized as residential use pursuant to
RCW 70.128.180;
2. State licensed foster family homes and group care facilities as defined in RCW 74.15.180,
subject to the exclusion of subsection (C) of this section;
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8/9/2007, Foster, 419 3 Ave. N. , ZE-07-215 (2007-0080)
3. Group homes for the disabled required to be accommodated as residential uses pursuant
to the Fair Housing Act amendments as the same exists or is hereafter amended.
C. The term family shall exclude individuals residing in halfway houses, crisis residential
centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or
other facilities, whether or not licensed by the state, where individuals are incarcerated or
otherwise required to reside pursuant to court order under the supervision of paid staff and
personnel.
D. Calculation of Residents. When calculating the number of unrelated persons residing in
a single-family dwelling unit, the following rules shall apply:
1. When one or more unrelated persons reside with a family whose members are related by
genetics, adoption or marriage, the total number of residents shall not exceed five persons
except as provided in subsection (D)(2) of this section.
2. A family unit consisting entirely of persons related by genetics, adoption or marriage may
rent a room to a total of two additional renters, or up to two students as a part of a
recognized foreign exchange program or similar educational, nonprofit program, or a
combination of a renter and such student to a total of two additional persons. The
additional renters and/or foreign exchange students, to a maximum of two, shall not be
considered when calculating the number of unrelated persons residing in a dwelling unit
under subsection (D)(1) of this section. Three or more renters and/or students shall be
considered as unrelated individuals and all persons residing in a dwelling unit, regardless of
whether a portion of them are related by genetics, adoption or marriage, shall be considered
when determining the total unrelated persons residing at a site.
3. Accessory Dwelling Units (ADUs). When an accessory dwelling unit (ADU) is approved
pursuant to Chapter 20.21 ECDC, only one of the dwelling units, either the primary
residence or the ADU, shall be used to house renters and/or unrelated persons who are
students. Occupancy of the ADU shall not exceed one family as defined in subsection (A) of
this section.
4. Nothing herein shall be interpreted to limit normal hosting activities associated with
residential use. \[Ord. 3571 § 1, 2005; Ord. 3557, 2005; Ord. 3533 § 1, 2005; Ord. 3511, 2004;
Ord. 3184 § 1, 1998\].
Corrective actions required:
Please contact me at your earliest convenience by August 20, 2007 to respond to this
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letter.
Please call for an inspection to the Fire Marshalls office at 425-771-0215 by August 20,
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2007.
Upon receipt of this letter, please substantiate in your advertisements and in practice that
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your rental property meets the definition of family as noted above. A rental
arrangement with a group that is calculated as more than five unrelated people is a
violation of the ECDC.
Thank you in advance for your cooperation and assistance.
Sincerely,
Mike Thies
Code Enforcement Inspector
thies@ci.edmonds.wa.us
c. John Westfall, Fire Marshall