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PLN200300119-10386.PDFCITY OF EDMONDS PLANNING DIVISION DECISION FOR ACCESSORY DWELLING UNIT PERMIT FILE # ADU-2003-119 APPLICANT Stromme. Paul for Dave and Julie Clobes PROPERTY LOCATION 7425 Olympic View Dr. PROJECT DESCRIPTION Accessory Dwelline Unit Permit A. INTRODUCTION: David and Julie Clobes have applied for an Accessory Dwelling Unit (ADU) Permit to obtain approval to have an Accessory Dwelling Unit (ADU) in their home at 7425 Olympic View Dr. (See Attachment 2). The ADU will be located within an addition to the existing residence (Attachments 3 through 6). This review consisted of evaluating the proposed ADU for compliance with the ADU criteria provided in ECDC Chapter 20.21. The review determined that the ADU application meets all of these 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 existine Accessory Dwelline 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. Size: Accessory Dwelling Units are limited to 800 square feet and 40% of the floor area of the principal dwelling and no more than two bedrooms. However, if the ADU is completely located on a single floor, Planning Manager may allow additional area for the ADU up to 50% of the floor area of the principal dwelling (ECDC 20.21.030.C). The applicant has written a letter requesting that the accessory dwelling unit exceed the 800 square feet (Attachment 2) for a total of 896 square feet. The 896 square feet ADU will occupy 27.4 % of the 3,267 total square feet of the residence (Attachments 2 and 5). In reviewing the application with the planning manager, it was determined that the proposed ADU complies with all the required criteria. Most importantly, it was determined that the ADU meets the criterion requiring the single-family character and appearance of the residence to be maintained. The Planning Manager, with the issuance of this decision, approves the waiver of the 800 square feet size requirement to allow the ADU to utilize up to 896 square feet. sup; Page 2 Clobes ADU File No. ADU-2003-119 3. Location and Appearance: Accessory Dwelling Units must be located within or attached to single-family dwelling units and the design of the ADU must be incorporated into the design of the primary residence so the 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 will be located in the lower floor of a new addition to the east side of the existing residence. The ADU will have a separate entrance to the side of the house. Refer to the site plan (Attachment 4), floor plans and elevations (Attachment 5). 4. Parking: A single-family residence with an Accessory Dwelling Unit requires 3 parking spaces. One of these spaces is allowed to be a tandem or stacked space. The attached floor plan (Attachment 5) and site plan (Attachment 4) shows that the two -car garage with a tandem space in front of the garage, will provide the three required spaces. 5. Occupancy: The homeowners have signed an affidavit that states that they will occupy one of the units for a minimum of six months of the year (Attachment 7). 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 6, but briefly, means two or more persons who are related or a group of five or fewer persons who are not related. 6. Safety, Light, Ventilation: The proposed ADU addition will require a building permit application. 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 August 22, 2003 to September 5, 2003. No comments were received. �' Lr Page 3 Clobes ADU File No. ADU-2003-119 C. DECISION: Approved with the followine 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 construction and occupancy of the Accessory Dwelling Unit. 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 without an ADU in the event that any condition of approval is violated (Attachment 9). 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. 5. All new property owners must file their own affidavit of occupancy with the City of Edmonds Planning Division. For an example of this form see Attachment 7. Entered this 13" day of October 2003, pursuant to the authority granted city staff under Chapter 20.95 of the Community Development Code of the City of Edmonds. Star Campbell, Manner Page 4 Clobes ADU File No. ADU-2003-119 D. REQUEST FOR RECONSIDERATION, TIMEFRAMES AND APPEALS Request for Reconsideration: Section 20.95.050.B.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. Anneals: 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. Croce 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. E. ATTACHMENTS: 1. Vicinity Map 2. Application 3. Letter to request ADU to exceed 800 sq. ft. 4. Site Plan 5. Floor Plans and Elevations 6. EDCD 21.30.010 - Definition of Family 7. Accessory Dwelling Unit Affidavit 8. Accessory Dwelling Unit Covenant Page 5 141W Clobes ADU File No. ADU-2003-119 F. PARTIES OF RECORD Dave and Julie Clobes 7425 Olympic View Dr. Edmonds, WA 98026 Paul Stromme 9623 8th Ave. NE Seattle, WA 98115 O ^ 18021 a 18020 18015 18020 18017 18028 h n ^ n 18026 18027 18026 18027 18101 T 18103 18032 18035 is= 18047 181,1 1 N w g 18108 18107 1810E iBf05 18115 tvT 18116 18115 18114 711 18104 n 7211 18119 faits 18214 1 12 3T 18205 18201 18216 218 18209 18211 1821, �'. �2 m W ^ 18223 18219 r � � 18214 18213 18212 Q l 18222 15225 18220 m Z n R L� m u, 18228 > 18227 m 18228 1� 7418 8301 :+m 18300 33 18302 18303 1 18320 8305 18308 18305 18308 18308 1831 7520 18311 iB324 18312 18314 75 18325 18322 18317 18320 18319 320 18312 Subject`SpPropertT �'�' 780, ,a323 PI tlW I / 7 iB328 18327 18330 7425rOly, , id iew-D, 18402 18407 18402 S3U 7520 BC 7 18409 18409 1"07 18412 R 18411 18416 18415 IN16 r 18417 18420 18423 18424 i iB502 23 18430 18429 18502 18429 18504 18503 18 18510 18509 / Zoning and Vicinity Map 44 Attachment 1 I ,. city of edmonds land use application 0 ARCHITecIVRALDESIGN REVIEW FOR OFFICIAL USE ONLY A COMPREHENSIVE PLAN AMENDMENT 0 CONDITIONAL USE PERMIT, F7La# DlA034g7ONg — 12— 6 HOMEOCCUPATION, DAT, � ��——REC'DBYT 0 FORMAL SUBDIVISION FE/E / / / RECEIPT 0 SHORT SUBDIVISION , / 0 LOTLINE ADJUSTMENT HEARING DATE 0 PLANNED RESIDENTIAL DEVELOPMENT 9 HE ye STA1P 0 PB 0 ADB 9 CC 0 Oman STREET MAP AMENDMENT '` 0 STREET VACATION e REZONE RECEIVED 0 SHORELINE PERMIT 0 VARIANCE IRZASONABLEUSE ExceimON JUL 2 3 2003 K.OMER: LI Ii PERMIT COUNTER PROPER" ADDRESSORLOCATION '1425 OCYMP/c V/EW J5eJyr= PROJECT NAME (IF APPLICABLR) CtVeeS etjQyA2W4 A%lOQ. NZ Aw _ PROPERTY OWNER tMVG. rf aklL/1E I-ZA .E3 PHONE# ADDRESS 7¢7-57 oc-Yi Or- ptew Ae(ve E-MAIL ADDRESS FAX # TAxACCouw# 4%'7(o SEC.17TwF. 27 RNG. 4E9 ► Af. DESCRIPIIONOFPROIECTORPROPOSEDUSE cM52wer A-89'I./. m FXisi7At, s F eEs/oRAr�e stiDc> naA) >av la 8YG s P s4LY! AAI ?b AAWE SEA610AYE eX74Z1A` �oAIE BEDPcaatl 7 A& S F- GP P2,95yeex)erE 6M7iF9UT A-n/r) /.S z. 37/ Sff 71e 8 ee 631, 3 704E [tsnlCEl O(L 27.4 c 7�1t? �esl� fxtis �IvintG s�-iao7.46E, APPLICANT E 44V&M PHONE# ADDRESS 74z5' Ot-WyAt! VIr%v brwic E-MAIL ADDRESS FAX # CONTACT PERSON/AGENT A3'V& ft. /uL.IE PHONE#_/'Z� ADDRESS_7*2,9' G4),,'MoK, V14MV 6raVE. E-MAIL ADDREss 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, inchuling reasonable attorney's fees, arising from any action or infraction based in whole or part opal false, misleading, inaccurate or incomplete information famished by the applicaIThiAertits agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I sm auth file this �'c�atioon on the f of the owner as listed below. ? SIGNATURE OF APPWCANT/A I. ` Y�"1 DATE �3 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 es of inspec o and posting art to this application. SIGNATUREOF OWNERT L DATE ' �5 This application form wan revised ce 1/27/00. To verify whether it Nor still torso• L:a.®RARYNIANNINGWm AHmdwditblkHo"UU dWeAmtkadwdw ATTACHMENT 2 a July 23, 2003 To whom it may concern; This letter is in regards to an accessory dwelling unit planned as an addition to our home. We realize that the design slightly exceeds the 800 sq. ft. size limit (896sq. ft.) but there are extenuating circumstances. 1) This accessory dwelling unit will be occupied two individuals in their mid -seventies; one is legally blind, the other is a brittle diabetic. It is important that the accessory dwelling unit bathroom be wheelchair accessible. 2) The nature of the layout of the house necessitates extra space in order to accommodate special needs such as the bathroom mentioned above, and the possible addition of a hospital bed. 3) The square footage is still below the 40% limit for an accessory dwelling unit. We hope these are adequate reasons for allowing the larger accessory dwelling unit. Thank you for your consideration. ulie S. Clobes RECEIVED ATTACHMENT 3 ..�� ' •Ob086 •t/M oNb'lSl �13'Ja3W M•slg/wNGVM 'Y.oNoWa7 7 :.;�,�,.• anrvo ivva x�w� izK.. 44Zb-Z£Z '1S 410£ '3'S ba08 s7ffo7� vi7nr sntiy ..:IMMOM.LIHOU, :•i as ; ntvaa hbll t121/ s�0 ysvr� viwy•.rla WWJ1 LO w 2 Q Q 11 IV ;�, O�0S6 'VM '4NVISl d30a3W , tx: � 4QZb-Z£Z '1S 430£ '3'S b00S N lae:r M IA v �30' 9W-7 M�/A -C- $; S r� 1 ''LoL•5LL •i'tI s�g'orj snncG � onvo. Il lUi NOLLkYJ9'' Sor/O7J ir ti'� £OOZ E Z Inn i �J 0� �� a3A13�3a Jf � 3 14, o 00 = 17 L i t it d% 1 1 1 I I 1' I L)a Q 1-0' I I /I/ 11 I ', I1, ' I S / I b , I N 1�- "i 1 ! �' 11 CA II '' 1 oIn I 1 I 1 '? .►I z 1 ' ' x F ID < ifl 1 4 It It cn Z Z Z W ; I 1 1 I 1 wp0 1 1 J r O S N Nf 1 ! N 10 W O�8 LWM a Z 1 ~ °�� 4 0 It p w i ti� V� 1 • o � r M W a .<.r 7 i .. j J daJz I �! WLLJ w , W I lli � zof- •...... ° ACHMi Edmonds Community)%velopment Code %%.r 21.30.010 V 0 Chapter 21.25 ' E" TERMS 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, 19961. 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 " F" 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, 19981. 21-9 ATTAGNMENT 6 ACCESSORY DWELLING UNIT AFFIDAVIT On my oath, I certify that I reside at 7445 M*rlV tZG FW Edmonds, Washington, in the primary or accessory dwelling unit for more than six months of every year. Assessor's Parcel Number: 4 7 / & 0000 S3�Y STATE OF WASHINGTON ) COUNTY fiF QW)RO MIJ Subscribed Residing at!"S? � EXPIRES AMAF AVIi.DOC A, , pCHM-ENT 7 ACCESSORY DWELLING UNIT COVENANT Property Address: 74Z5 OLylitrIc V/EW brz E Edmonds, Washington Assessor's Parcel Number: - Legal Description: l inG I, the undersigned, have attained approval for an accessory dwelling unit (AM at the property address above, in accordance with the provisions of Chapter 20,21 (Accessory Dwelling Units) of the Edmonds Community Development Code. I agree and understand that it is my responsibility to notify all future property owners or long- term lessors of the existence of the ADU and that its existence is predicated upon the occupancy of either the ADU or primary dwelling unit by the owner of the property. Additionally, I will notify all prospective buyers of the limitations on use and maintenance of the ADU as stipulated in Chapter 20.21 (Accessory Dwelling Units) of the Edmonds Community Development Code. An example of the limitations of the ADU per Chapter 20.21 is the property owner is required to reside in the primary or accessory dwelling unit for 6 months out of every year. Finally, this covenant shall be recorded in order to notify all current and future property owners that if any conditions of the ADU approval are violated, the property owner will be required to remove all improvements which were added to convert the primary dwelling unit into an ADU and restore the it a sm f mily dwe i unit. Property Owner Signature Print Name: 7xio M cWe. Property Owner Signature: Print Name: Date: % -43 711 STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) U UPI e S. G4-6 W5 I certify that I know or have satisfactory evidence that DWI D W. 6zi6 S signed this instrument and acknowledge it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. Notary's pressure seals must be smudged. DaW., % - a-3' 03 Signature of / PATRICIA A ROBERTSON Notary Publi NOT PUBLIC STATE OF WASHINGTON Residing at: (NGf j 7M COMMISSION EXPIRES My Al MAY 19 21XY7 Expires: THIS DOCUMENT MUST BE RECORDED WITH THE SNOHOMISH COUNTY AUDITOR. we 81, as I D c O 0) Ups .N Q Q N 0 C v Q CD� Qa O O aj cM QZQ 0 O a? DOLL Z s� E 00 top C o s cM 0 O a E v d A � r e an° a» c 0 e > c u N M O O O O O O C M c o c E E rn d m c ayi U �a �m (D c uwa w m N n n -oo n a a c o L.r cg g:,ci 8 0 c o O 'p U a75 a �t N o d c T E o IL » � W Y oo�-_ N N d� O m a" a N w 0 d O v v.rn V 7 O N CL C p 0 W A N O C da CL « .a H p ��1 C E .m. c G Q n C a 3 G x° W« 0 0 0 0 0 0 0 0. 2 ) O o m CDQ m o d g i •n d Ea) O U p Z¢ ca 0¢ DU a_ a`a U a r.. ADJACENT PROPERTY OWNERS LIST Attach this notarized declaration to the adjacent property owners list. got lto � On my oath, I certify that the names and addresses provided represent all properties located within 300 feet of the subject property. Subscribed and Signature of Applicant or to before me this �! day of vvasninywn Residing at C /%t 4 ���"" C. ��•��Ssio,y• c2�i o NOTgR 9'; z p�� y Ilk% •71 ,9:p5 �����FWASN�, I AP0.doc\L:\Temp\foM1s C Mark Yeadon Edward Mcmackin '7505184th P1 SW 18328 Homeview Dr Edmonds,'WA 98026 Edmonds, WA 98026 Samuel Lee Jeffrey Butler 7512184th PI SW 19119 N Creek Pkwy#113 Edmonds, WA 98026 Bothell, WA 98011 Vernon Edwin Williams George Jensen '7520184th PI SW 7517 Olympic View Dr Edmonds, WA 98026 Edmonds, WA 98026 Scott & Karen Hibbert Gary & Terrie Gerber 18420 Homeview Dr 18421 Homeview Dr Edmonds, WA 98026 Edmonds, WA 98026 Mary Lou Vigil Marvin & Brda J es 18428 74th PI W 1 Edmonds, WA 98026 Ed A 026 Andre & Carolyn Belyea Charles Taylor 7327 Olympic View Dr 18429 74th PI W Edmonds, WA 98026 Edmonds, WA 98026 Keith & Sherrelle Collingridge Rudolph & Barbara Julian 18423 74th PI W 18417 74th PI W Edmonds, WA 98026 Edmonds, WA 99026 Donald & Lois Schatz Jong Chung 18403 74th PI W 18325 Homeview Dr Edmonds, WA 98026 Edmonds, WA 98026 City Of Lynnw d Lynnwood City Of PO Box 5 PO Box 5008 Lyn , WA 98046 Lynnwood, WA 98046 Paul Stromme Dave & Julie Clobes 9623 8th Ave. NE 7425 Olympic View Dr. Seattle, WA 98115 Edmonds, WA 98026 Jack &Sharon Miller 18404 Homeview Dr Edmonds, WA 98026 i Samuel & Cynthia Lee 7512184th PI SW Edmonds, WA 98026 Paul & Amy Tomlin 7530184th PI SW Edmonds, WA 98026 Donald Johnson 18427 Homeview Dr Edmonds, WA 98026 Matthew & Susan Wood 7333 Olympic View Dr Edmonds, WA 98026 Snohomish Co Property Mgmt 3000 Rockefeller Ave #M 40 Everett, WA 98201 Richard & Jeanne Sherwood 1841174th PI W Edmonds, WA 98026 Charles & Marlene Belt 18401 Homeview Dr Edmonds, WA 98026 William & Kathleen Massey PO Box 399 Oak Harbor, WA 98277 File Number: ADU-03-119 Applicant: Clobes NOTICE OF DEVELOPMENT APPLICATION AFFIDAVIT OF MAILING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Diane M. Cunningham, first duly sworn, on oath, depose and say: That on the 22nd day of August 2003, the attached Notice of Development Application was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed V� _ a - Lt'�/ Subscribed and sworn to before me this :1 a day of !(l . Notary Public in and for the State of Washington. Residing at c/r/� FILE NO.: ADU-03-119 APPLICANT: Clobes NOTICE OF APPLICATION AFFIDAVIT OF POSTING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Steve Bullock, first duly sworn, on oath, depose and say: That on the 22nd day of August 2003, the attached as prescribed by Ordinance, and in any event, in and where applicable on or near thi E Notice of Application was posted the Civic Center and the Library, Subscribed and sworn to before me this c7 a w� day of , i �. CONSTANCE M. CURTIS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES APRIL 8 2007 Notary Public in and for the State of Washington. Residing at /yl (( d Y STATE OF WASHINGTON, COUNTY OF SNOHOMISH behea or ;o ems use o . September 8, 3 4 d0 pm 'ubllspad:.AuOum 22, 2003. Affidavit of Publication S.S. The undersigned, being First duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice City of Edmonds Noticebf Devlopment Applications SD-03.115 & ADU-03.119 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: August 22, 2003 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this F,WA` Amount Name: Cry of Edmonds Edmonds. Oty Of Amount Number. 101416 Order Number. 0001074745