PLN20020161 staff report.pdfCITY OF EDMONDS
PLANNING DIVISION
DECISION FOR
ACCESSORY DWELLING UNIT PERMIT
FILE # ADU-2002-161
APPLICANT Ozegovic, Ahmet
PROPERTY LOCATION 23011 76t" Pl. W.
PROJECT DESCRIPTION Accessory Dwelling Unit Permit
A. INTRODUCTION: The applicant has an existing Accessory Dwelling Unit (ADU) that
previously received an Accessory Dwelling Unit permit. The need for the current
application was brought about by changes that were made to the ADU in order to determine
compliance with the Accessory Dwelling Unit criteria. The location of the ADU is shown
on the attached site and floor plans (Attachments 2 and 4). The layout of the ADU (see floor
plan — Attachment 4) differs from the layout of the ADU that was reviewed through file #
ADU-00-91 (see old floor plan — Attachment 3). The layout of the ADU as it exists was
reviewed for compliance with the ADU criteria provided in ECDC Chapter 20.21. The
review determined that the ADU meets all the criteria.
B. ANALYSIS: Section 20.21.030 of the Edmonds Community Development Code provides
the criteria by which the Accessory Dwelling Units are to be reviewed.
1. Number of existing Accessory Dwelling Units on site: A single-family dwelling may
have no more than one accessory dwelling unit per lot (ECDC 20.21.030). The proposal
will result in only one ADU.
2. Size: Accessory Dwelling Units are limited to 800 square feet and 40% of the floor area
of the principal dwelling without special permission from the Planning Manager (ECDC
20.21.030.C). The following table illustrates how the ADU meets these requirements:
Maximum
Proposed
800 square feet
795 square feet
2 bedrooms
2 bedrooms
40% of floor area of principal
The ADU occupies only a portion
dwelling
of one floor of a three-story
residence and is obviously less
than 40% of the floor area of the
principal dwelling
Page 2
Ozegovic ADU
File No. ADU-2002-161
3. Location and Appearance: Accessory Dwelling Units must be located within or
attached to single-family dwelling units and that the design of the ADU must be
incorporated into the design of the primary residence so that single-family character and
appearance of the residence is maintained. New entrances are to be placed at the rear or
side of the home whenever possible. (ECDC 20.21.030.D)
This ADU is located partially within the primary residence and in an addition to the
south and west of the residence. The ADU has a separate entrance to the rear of the
house (See Floor Plan — Attachment 4 and East Elevation — Attachment 5). The attached
elevations (Attachments 5, 6, and 7) and photographs (Attachment 8) show that the
house maintains its appearance as a single-family residence.
4. Parking: A single-family residence with an Accessory Dwelling Unit requires 3 parking
spaces. The applicant has been able to demonstrate that he can provide 3 parking spaces
on the site. The original site plan showed three parking spaces. Two of these were
provided by a two -car garage and the other by a tandem (stacked) space behind one of
the garage spaces. However, during the public comment period, it was brought to the
attention of Staff that the applicant had converted the two -car garage into a one -car
garage. The applicant was then required to submit a revised site plan. The applicant
confirmed that the garage had been converted to a one -car garage. A new site plan has
been submitted that shows three off-street parking spaces. See Attachment 2. The
Engineering Division reviewed this site plan and indicated that the parking layout is
acceptable.
S. Occupancy: The homeowner has signed an affidavit that states that the homeowner will
occupy one of the units for a minimum of six months of the year. See Attachment 6.
The total number of occupants in the primary residence and in the Accessory Dwelling
Unit may not exceed one "family," as defined by the Edmonds Community Development
Code (ECDC). This definition has been included as Attachment 10, but briefly, means
two or more persons who are related or a group of five or fewer persons who are not
related. Therefor, the approval of this ADU permit for the subject property does not
mean that more than one "family" may live at the residence. (Also see below section
B.7.c. of the Staff Report).
6. Safety, Light, Ventilation: The applicant has a building permit application under
review at this time. The granting of this permit and the associated inspection by a City
Building Inspector will ensure that the Accessory Dwelling Unit meets the requirements
of all life -safety codes and standards.
7. Public Comment: The review of an Accessory Dwelling Unit permit requires
public notice of the staff decision. A public comment period for this application was
provided from September 17, 2002, to October 1, 2002 during which three parties
provided written comment (See Attachment 9). The following concerns were brought up
by the written comments:
2
Page 3
Ozegovic ADU
File No. ADU-2002-161
a. Concern: Allowing the Accessory Dwelling Unit will change the zoning of the
property.
Staff Response: The response to this concern is that an Accessory Dwelling Unit is
an allowed secondary use in a single-family zone and allowing an Accessory
Dwelling Unit does not change the zoning of the property.
b. Concern: The off-street parking would not be adequate.
Staff Response: A single-family residence with an ADU requires 3 off-street parking
spaces. The applicant has provided a site plan that shows that 3 off-street parking
spaces can be provided. Also see above Section BA of the Staff Report.
c. Concern: Several families live in the residence and more plan on living there.
Staff Response: The maximum number of people that are allowed to reside in a
single family residence is limited to one "family" as the Edmonds Community
Development Code defines family. This definition has been included as Attachment
10, but briefly, means two or more persons who are related or a group of five or fewer
persons who are not related. This does not change with a residence that contains an
ADU. Any proof that the residence and ADU are occupied by more than one family,
would be considered a violation of the Accessory Dwelling Unit permit.
C. DECISION: Approved with the following conditions:
This preliminary decision shall become final as conditioned below, unless a written
appeal is received.
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 with
the City.
2. A building permit and inspection through the City Building Division is required
prior to making any further changes to the Accessory and prior to occupancy of the
Accessory Dwelling Unit. Since the Accessory Dwelling Unit is existing, the
building permit, including final inspection must be complete within three (3)
months from the date that this decision is final.
Page 4
Ozegovic ADU
File No. ADU-2002-161
3. The property owner(s) must sign and notarize the covenant that will be recorded
with the Snohomish County Auditor which provides notice to future owners of the
limitations of the Accessory Dwelling unit permit and the restoration of the site to a
single-family dwelling in the event that any condition of approval is violated (see
Attached). A Recording fee is required.
4. The Accessory Dwelling unit permit is transferable to future owners of the
residence unless there is a violation of any conditions of approval listed above.
Entered this`14! day of February 2003, pursuant to the authority granted city staff under
Chapter 20.95 of the Community Development Code of the City of Edmonds.
Y
A,i
Star Campbell
Assistant Planner
Request for Reconsideration:
Section 20.95.050.13.2. provides for Staff to reconsider his 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.
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. The appeal must be filed with the
Development Services Director within fourteen (14) calendar days after the date that the
decision is issued. 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.
4
Page 5
Ozegovic ADU
File No. ADU-2002-161
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.
E. ATTACHMENTS:
1. Vicinity Map
2. Site Plan
3. Floor Plan Showing layout of the previously permitted ADU
4. Floor Plan showing the current layout of the ADU
5. East Elevation
6. South Elevation
7. West Elevation
8. Photographs of the Residence
9. Public Comment Letters
10. EDCD 21.30.010 - Definition of Family
11. Accessory Dwelling Unit Affidavit
F. PARTIES OF RECORD
Ahmet Ozegovic
23011 751h Pl. W.
Edmonds, WA 98026
Virginia Hartman Presley
7315 229t' St. SW
Edmonds, WA 98026-8525
Hazel B. and Delbert Gregory
22912 72°d Pl. W.
Mountlake Terrace, WA 98043
Mary Kay McDonald -Shelton
7415 2361h St. SW
Edmonds, WA 98026
Engineering Department
Planning Department
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7415-236th Street SW
Edmonds, Washington 98026
September 30, 2002
Ms Star Campbell
Assistant Planner
Development Services Department
City of Edmonds
121 5th Avenue North
Edmonds, Washington 98020
Dear Ms Campbell:
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Thank you for the time you spent explaining to me the project plans for the
accessory dwelling unit application for 23011 75th Place W, Edmonds. As
we reviewed the plans, I noticed that the floor plan depicts a two car garage.
When the house is viewed from the street, there is only one garage door
instead of two. The area where the second garage door was has now been
bricked over. Thus I believe that the plans that have been submitted with the
permit application are not current with the existing house.
Again I thank you for your assistance.
Sincerely,
Mary Kai McDonald -Shelton
Edmonds Community Development Code
21.30.010
Chapter 21.25
Sections:
21.25.010 Easement.
21.25.020 Equipment shelter or cabinet.
21.25.100 Expressive dance.
21.25.010 Easement.
Land which has specific air, surface, or sub-
surface rights conveyed for use by an entity
other than the owner of the subject property or
to benefit some property other than the subject
property. [Ord. 2924 § 1, 1993].
21.25.020 Equipment shelter or cabinet.
Equipment shelter or cabinet is a room, cab-
inet or building used to house equipment for
utility or service providers (see Title 22, Plates
1— 4). [Ord. 3099 § 6, 1996].
21.25.100 Expressive dance.
Expressive dance means any dance which,
when considered in the context of the entire
performance, constitutes an expression of art,
theme, story or ideas, but excluding any dance
such as, but not limited to, common barroom -
type topless dancing which, when considered
in the context of the entire performance, is pre-
sented primarily as a means of displaying
nudity as a sales device or for other commer-
cial exploitation without substantial expres-
sion of theme, story or ideas, and the conduct
appeals to the prurient interest, depicts sexual
conduct in a patently offensive way and lacks
serious literary, artistic, political or scientific
value. [Ord. 3117 § 8, 1996].
Chapter 21.30
'IF" TERMS
Sections:
21.30.010
Families.
21.30.020
Fence.
21.30.030
Flag lot.
21.30.035
Float, recreational.
21.30.040
Floor area.
21.30.050
Formal subdivision.
21.30.060
Foster home.
21.30.070
Fraternity.
21.30.080
Repealed.
21.30.010 Families.
A. Family means individuals consisting of
two or more persons related by genetics, adop-
tion, or marriage, or a group of five or fewer
persons who are not related by genetics, adop-
tion, 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 exclusion C below;
3. Group homes for the disabled required
to be accommodated as residential uses pursu-
ant to the Fair Housing Act amendments as the
same exists or is hereafter amended.
C. The term "family" shall exclude individ-
uals residing in halfway houses, crisis residen-
tial 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 oth-
erwise required to reside pursuant to court
order under the supervision of paid staff and
personnel. [Ord. 3184 § 1, 1998].
ACCESSORY DWELLING UNIT AFFIDAVIT
On my oath, I certify that I reside at � , Edmonds, Washington, in
the primary or accessory dwelling unit for more than six 'months
the of every year.
Assessor's Parcel Number: 4 9Xo�p0 0 0— —a0 `1" —/g®,0
Signature of Property Owner(s)
STATE OF WASHINGTON )
COUNTY OF SNOHOMISH )
Subscribed and sworn to before me this 12 day of O AQ IJA± , 2-nQ 2
Notary Public in and for the State of Washington
Residing at hYllrYf��—
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