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PLN20150023_StaffReport_withAttachments.pdfCITY OF EDMONDS 121 5'h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION '0C. I S9V Project: Accessory Dwelling Unit (ADU) Permit File Number: PLN20150023 Date of Report: u 8, 2015 Reviewed By: — K rnen Lien Senior Planner Owner/Applicant: Curt and Theresa Pruett A. INTRODUCTION The applicant is proposing to add an Accessory Dwelling Unit (ADU) onto the west side of an existing single-family residence located at 9011 — 192"d Street SW (Attachments 1 — 5). Approval of an ADU requires compliance with Edmonds Community Development Code (ECDC) Chapters 16.20 and 20.21. Pursuant to ECC 20.01, an ADU is a Type II decision requiring public notice. B. COMPLIANCE WITH ECDC CHAPTER 16.20 The subject site is located within the RS-10 Single -Family Residential zone (Attachment 6). The purposes of the RS — Single -Family Residential zones are to reserve and regulate areas primarily for family living in single-family dwellings and to provide for additional non-residential uses which complement and are compatible with single-family dwelling use. Pursuant to ECDC 16.20.010.D, an Accessory Dwelling Unit is an allowed secondary use with a conditional use permit. The proposal is required to comply with the purposes of the single-family residential zone and the criteria outlined in Chapter 20.21. Based on staff s review of the specific ADU criteria (as described in Section C of this report), staff finds that the proposal is in compliance with the purposes of the single-family zone. C. COMPLIANCE WITH ECDC CHAPTER 20.21 Section 20.21.030 of the Edmonds Community Development Code provides the criteria by which Accessory Dwelling Units are to be reviewed. In order for the permit to be approved, all of the criteria must be met. The criteria for approval are as follows: (1) Land Use Permit; (2) Number of Units; (3) Size; (4) Location and Appearance; (5) Parking; (6) Occupancy; and (7) Safety, Light, Ventilation, Floor Area, and Similar Factors. The ADU criteria were crafted to ensure that ADUs would comply with Chapter 16.20 of the Edmonds Community Development Code. Detailed findings of staff s review of each criteria follows: 1. Land Use Permit Required Permit Required. Any person who occupies or permits another person to occupy an attached accessory dwelling unit as a place of residence shall first obtain a permit. The permit shall be reviewed and processed as a Type II decision (Staff decision — Notice required). An application for a land use permit was submitted to the City on June 2, 2015(Attachment 1). The application was determined to be complete on June 30, 2015 (Attachment 7). In accordance with ECDC 20.03, a Notice of Application dated July 10, 2015 with a comment period ending on July 27, 2015 was mailed to property owners within 300 feet of the subject site based on the adjacent property owners' list submitted by the applicant, posted on the site and at the Public Safety Complex, Development Services Department, and Library. The notice of application was also published in the Herald Newspaper on July 11, 2011. Attachment 8 documents compliance with the public notice requirements of ECDC 20.03. 2. Number of Units Number of Units. A single-family dwelling may have no more than one accessory dwelling unit per lot. The proposal will result in only one ADU and therefore is in compliance with the number of units allowed per ECDC 20.21.030.13. 3. Size Size. In no case shall an accessory dwelling unit be (1) larger than 40 percent of the livable floor area of the principal dwelling, (2) nor more than 800 square feet, (3) nor have more than two bedrooms; provided, if the accessory dwelling unit is completely located on a single floor, -the planning manager may allow increased size up to 50 percent of the floor area of the principal dwelling in order to efficiently use all floor area, so long as all other standards set forth in this chapter are met. After the proposed addition, the existing primary residence will have 4,265 square feet of livable floor area and the ADU is proposed to consist of 800 square feet. Consequently, the proposed ADU would comprise 19% of the total livable floor area of the primary dwelling. The following table describes both the maximum size that Accessory Dwelling Units are allowed to be as well as the proposed size for this application: Maximum Allowed Proposed 40% of livable area of the primary dwelling 18% of livable area of the primary dwelling 2 bedrooms 1 bedroom 800 square feet 800 square feet Since the applicant is requesting approval of an ADU that is less than 40% of the livable area of the residence, less than two bedrooms, and no more than the maximum allowable size of 800 square feet, staff has determined that the application meets the size criteria. 4. Location and Anpcarance The single-family appearance and character of the residence shall be maintained when viewed from the surrounding neighborhood. The design of the accessory dwelling unit shall be incorporated into the design of the principal dwelling unit and shall be designed to maintain the architectural design, style, appearance, and character of the main building as a single-family residence using matching materials, colors, window style, and roof design. The primary entrance to the accessory dwelling unit shall be located in such a manner as to be unobtrusive when viewed from the street. Whenever possible, new entrances should be placed at the side or rear of the building. Only one electric and one water meter shall be allowed for the entire building, serving both the primary residence and the accessory dwelling unit. Accessory dwelling units must be located within or attached to single-family dwelling units. Pruett Accessory Dwelling Unit File No. PLN20150023 Page 2 of 5 The existing residence and proposed ADU sit at the end of a private access easement approximately 189 feet from 192"d Street SW and is not visible from the street. The proposed ADU will be located on the ground floor of a new addition to the existing residence and is being incorporated into the design of the principal dwelling. The ADU entrance will be located in the northwest corner of the residence and not visible from the driveway. Staff finds that the proposed ADU maintains the architectural design, style, appearance, and character of the main building and would not compromise the sign -family appearance of the residence; therefore, the subject application complies with the location and appearance criteria. 5. Parking Parking. One off-street parking space in addition to the parking spaces normally required for the principal dwelling shall be required to be provided for the accessory dwelling unit, but in no event less than three spaces per lot. The existing residence has an attached two -car garage and space for tandem parking in front of the garage as well as space for two additional parking spaces off the south side of the residence. There is sufficient space for three off street parking spaces; therefore, the application complies with ECDC 20.21.030.E. 6. Occupancy Occupancy. Either the primary dwelling or the accessory dwelling unit shall be owner -occupied. "Owner -occupied" shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and actually resides at the site more than six months out of any given year, and at no time receives rent for the owner - occupied unit. The owner(s) shall not rent the designated owner -occupied unit at any time during the pendency of the ADUpermit; any such rental shall void the permit. The owner(s) shall not rent any portion of the owner -occupied residence either during the owner(s)' occupancy or while the owner is absent from the owner -occupied unit for any period. In no event shall the total number of occupants exceed one family as defined in this code; provided, however, that if the accessory dwelling unit is occupied by a nurse or other caregiver assisting a disabled person who is an occupant of the principal residence, or the principal residence is occupied by a nurse%aregiver and the accessory dwelling unit is occupied by a disabled person under the nurse's care, the occupancy limit of one family may be increased by one additional unrelated person to a total of one family related by genetics, adoption or marriage plus one unrelated person, or a total of six unrelated persons. In no event shall the total number of occupants exceed one family as defined in this code. The applicant has submitted a notarized affidavit to the City that meets this requirement (Attachment 9). The applicant must also file the Covenant required by ECDC 20.21.025.A.2 with the County Auditor following approval of the ADU. 7. Safety, Light, Ventilation, Floor Area, and Similar Factors Safety, Light, Ventilation, Floor Area and Similar Factors. Accessory dwelling units shall comply with all applicable requirements of the Uniform Housing Code and the Uniform Building Code adopted by ECDC Title 19 and shall comply in all respects with the provisions of the Edmonds Community Development Code. No permit for an accessory dwelling unit shall be issued to a nonconforming structure unless that structure is brought into conformance with the then current provisions of this code. A condition of approval for this ADU has been added that requires compliance with the Building Division's inspection and compliance requirements. Pruett Accessory Dwelling Unit File No. PLN20150023 Page 3 of 5 D. PUBLIC COMMENTS No public comment letters were received on the subject proposal. E. TECHNICAL REVIEW The application was reviewed by Fire District #1, the Building Division and the Engineering Division. Fire District #1 had no comments on the proposed ADU (Attachment 10). The Building Division noted the existing garage was nonconforming with regards to setbacks. The applicant is not proposing any changes to the existing garage and will be retaining 75% of the existing residence and thus not impacting the nonconforming aspect of the garage. All new additions to the residence will comply with the zoning standards. The Building Division also noted recent changes to the International Residential Code which no longer requires ADUs to be constructed with fire separation from the primary residence (Attachment 11). The Engineering Division found the proposal to be consistent with Title 18 ECDC and Engineering standards (Attachment 12). F. DECISION Based on statements of fact, conclusions, and attachments in this report, the application for a Conditional Use Permit for an Accessory Dwelling Unit at 9011 — 192°d Street SW t is APPROVED, subject to the following conditions: 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. 2. A building permit and/or compliance permit must be obtained from the Building Division and final inspection must be made and occupancy approval granted by the City Building Inspector prior to the area being used as an ADU. Specific comments from the Building Division will be addressed during review of the applicable building permit application. 3. The Accessory Dwelling Unit Covenant required under ECDC 20.21.025.A.2 must be filed with the Snohomish County Auditor. This covenant may be obtained from the Planning Division. Prior to occupancy of the Accessory Dwelling Unit, the applicant must either: a. Provide the City processing fee of $90 plus the County recording fee of $72 for one page, for a total of $162, and the City will record the covenant for you; OR b. Take the covenant to the County and record it for the County's recording fee of $72 for one page plus $1 for each additional page, and return a copy of the recorded covenant to the Edmonds Planning Division with the Auditor's recording sticker on the copy. Pruett Accessory Dwelling Unit File No. PLN20150023 Page 4 of 5 4. The Accessory Dwelling Unit permit shall not be transferable to any site other than the subject site described in the application. The Accessory Dwelling Unit permit is transferable to new owners of the subject property unless there is a violation of any conditions of approval listed above. New owners must file a notarized Accessory Dwelling Unit Affidavit with the City of Edmonds Planning Division. G. ATTACHMENTS 1. Land Use Application 2. Applicant Cover Letter 3. Site Plan 4. Floor Plans 5. Elevation Views 6. Zoning and Vicinity Map 7. Letter of Completeness 8. Public Notice Documentation 9. Owner's Occupancy Affidavit 10. Fire District # 1 Comments 11. Building Division Comments 12. Engineering Division Approval H. PARTIES OF RECORD City of L:dmonds 121 5`" Avcnuc North Edmonds, WA 98203 Tony Shapiro A.D. Shapiro Architects, PS 18105 Sunset Way Edmonds, WA 98026 I. APPEALS Curt and Theresa Pruett 9011 — 192°d Street SW Edmonds, WA 98026 A party of record may submit a written appeal of a Type II decision within 14 days of the date of issuance of the decision. The appeal shall be made in writing and shall include all required information stated in ECDC 20.07.004.13 as well as the applicable fee. The appeal will be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. Pruett Accessory Dwelling Unit File No. PLN20150023 Page 5 of 5 City of Edmonds. Land Use Application ARCHITECTURAL DESIGN REVIEW FOR OFFICIAL USE ONLY COMPREHENSIVE PLAN AMENDMENT CONDITIONAL USE PERMIT FILE # �����' S O 3 ZONE HOME OCCUPATION DATE /Z�l REC'D BY FORMAL SUBDMSION _ SHORT SUBDIVISION FEE `� �'' RECEIPT # LOT LINE ADJUSTMENT HEARING DATE PLANNED RESIDENTIAL DEVELOPMENT OFFICIAL STREET MAP AMENDMENT HE STAFF PB ADB CC STREET VACATION REZONE SHORELINE PERMIT VARIANCE / REASONABLE USE EXCEPTION OTHER: • PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD PROPERTY ADDRESS OR LOCATION 9011 192ND ST SW, Edmonds, WA 98026 PROJECT NAME (IF APPLICABLE) Pruett House Remodel PROPERTY OWNER Curt & Theresa Pruett PHONE # 425 512 2138 ADDRESS 9011 192ND ST SW, Edmonds, WA 98026 E-MAIL Seelight@comcast.net FAX # TAX ACCOUNT # 00434600002905 SEC. TWP. RNG. DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) Demolish portion of ground floor, replace with expanded footprint and ADU on the ground floor and new master suite arid horne office on the secund Hour DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) Full compliance with existing zoning regulations, (existing garage remains unchanged yet encroc es into se ac s), and building codes. APPLICANT A.D. Shapiro Architects, PS PHONE # 425.778.5400 ADDRESS 18105 Sunset Way, Edmonds, WA 98026 E-MAIL tonys@adshapiro.com FAX # CONTACT PERSON/AGENT A.D. Shapiro Architects, PS PHONE # 425.778.5400 18105 Sunset Way, Edmonds, WA 98026 ADDRESS n E-MAIL s �% 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, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information an exhi ' erewith`' ubmitted are true and correct to the best of my knowledge and that I am authorized to file this application n th b h f e o ".ner as listed below. SIGNATURE OF APPLICANT/AGENT DATE 05/24/15 Property Owner's Authorization I, &t- ZZ' a, , �` 21 , - Y/P r'c? , certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: 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 p o s spection and posting attendant to " plication. SIGNATURE OF O DATE Questions? Call (425) 771-0220. Revised on 8122112 B - Land Use Application.doc Page I of I Attachment 1 18105 Sunset Way May 23, 2015 Edmonds, WA 98026-5331 City of Edmonds Community Development Department tonys@adshapiro.com 425.778.5400 RECEIV eD Subject: CUP Criteria Statement Project: ADU at 9011 192"d Street SW, Edmonds, WA 98026 JUN 0 2 2015 PLANNING DEPT Requested Conditional Use Permit. Permit a permanent creation of an Accessory Dwelling Unit to be incorporated into the footprint of the proposed remodel by expanding the existing house footprint as summarized in the table below. Please note the house footprint is also increasing by a total of 641 sf, due to the remodel of the existing kitchen, entry and other bedrooms within the ground floor of the residence, as well as the addition of a second floor master suite and home office. Findings of Fact: 1. Zone RS10 2. Site Area: 13,945 sf 3. Proposed ADU Area 800 sf 4. Existing House/Garage Footprint & percent of site 3,238 sf, 23% 5. Proposed House/Garage Footprint & percent of site 3,879 sf, 28% 6. RCW 365-196-410 WA State Housing Element 7. Non -conforming condition Existing garage encroaches into the north and east setbacks. Nothing in this application exasperates or extends this encroachment. RCW 365-196-410 mandates that municipal communities' accommodate housing elements that ensure a vital and character based residential component to support residential neighborhoods. This proposed remodel creating an ADU to provide accommodation for Theresa's mother in law, and ultimately enable the residence to retain the unit as an ADU is in compliance with this statute. Finding $Ummatyfor CUP criteria from ECDC 20.05: 1. Comprehensive Plan: State Growth Management encourages increased density of Urban Growth Areas of which single family zones comprise 57% of the developed area in Edmonds. While not delving into the portion of undeveloped land in Edmonds, increasing the density of developed SF zoned property assists Edmonds comply with the GMA goals of the state. ADU's are specially mentioned as a means to increase density of single family zoned areas while still maintaining the character of the city. We therefore believe the construction of an ADU on this parcel will comply and enhance Edmonds' compliance with the Comp Plan. 2. Zoning Ordinance RS10: 16.20.010.D Secondary Uses requiring a CUP lists Accessory dwelling units as permissible uses. As one of the seven sub districts in the RS zone, RS10 limits lot coverage to 35% with a minimum of 2 parking stalls. The proposed ADU is incorporated into the ground floor of the remodeled single family house thru the maintaining the character of the 1950's style house. Outside access is granted to the back yard and thereby does not pose an appearance of multiple residential units present on the site. Attachment 2 Page 2 May 23, 2015 CUP Pruett Residence ADU 3. Not Detrimental: The proposed design of the remodeled residence and addition of a ground floor ADU will expand the house footprint by 641 sf, for a total of 28% site coverage which is still below the maximum site coverage permitted in the RS10 zone of 35%. There will not be an additional or separate door added front exterior or public entry portion of the house since access to the ADU will be both from a backyard entrance, and the interior of the house. The immediate use for the ADU is to accommodate the mother of Theresa Pruett who wants to retain her independent living style without having to enter a more formal assisted care home. 4. Transferability: We request this CUP be transferable and run with the ownership of the land. This will have a double positive impact of enhancing the housing stock of Edmonds while not significantly altering the character of the single family zoned neighborhood, and increasing the value of the property. w - c,•Existing fence at PL ti ro A o o Encroachment of north & east= Ca_ N 89D 49'13" lsetback by existing arage 326.00 _ - _ _ _ -I � -� • _ - 328.28 o CO � , ©A �4 I Path to ADU exterior door o ' Line of existing wall, (&—\ �: r- Bldg ht rectangle) ` w I 20'-0.1 N Rear yard setback i I z /Existing fence at PL I existing slab on grade EL = 327.5' Height rectangle sideyard setback (2) 20' Infiltration trenches I I I I II � — 326.26. — — —31' - 4 3/4"' U w Silt fence N \ o Existing paved driveway and patio I 32 area, 3,780 sf N >, Existing fence r l\h 125. — — (4) on site parking stalls Site Plan lit = 20'-0" architects ps 18105 Sunset Way, w 0 Pruett Residence Remodel Edmonds, WA 98026 425.778.5400 9011 192nd Street SW, Edmonds, WA 98026 1 07/02/15 1 12516-00 CU 102 Site Plan Attachment 3 18105 Sunset Way, Edmonds, WA 98026 ADU at Main Floor Plan 3/32" = 1'-0" 425,778.5400 Pruett Residence Remodel 9011 192nd Street SW, Edmonds, WA 98026 1 07/02/15 1 12516-00 Floor Plan Attachment 4 O K O 0 co cn �+1 Z Li W K p Z U z y o �w ° W N 0_ cn _ � � � a N rn w c � tl A U } K r I y ♦N CT � J L r a y x i o � U I II m I I N I � o o y p c n I I � o I -------------�- -o I z I er UUpperFF Ian I e m I I I I I I I I I I I _ I SCALE: ORAWN BY: O tion A U er Floor Plan va' = r4r ADS " © M211 ADS aY: I I I o5nv15 PROD"..' 12516-GD —J SKEET No: flECEINIF- i MAY 222615 A 112 Issue for Permit ,fVELOPMEM1 RR�i _ South Elevation 3/32" = 1'-0" CPU 923 North Elevation 3/32" = 1'-0" 3 vvest tievation 4 3/32" 1'-0" M= amhoftcft ps Pruett Residence Remodel 18105 Sunset Way, Edmonds, WA 98026 425.778.5400 9011 192nd Street SW, Edmonds, WA 98026 1 05/24/15 1 12516-00 Elevations Attachment 5 CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION June 30, 2015 Tony Shapiro A.D. Shapiro Architects, PS 18105 Sunset Way Edmond, WA 98026 Subject: Letter of Completeness and Request for Additional Information Accessory Dwelling Unit Application # PLN20150023 Mr. Shapiro, On behalf of the City of Edmonds Planning Division, I have reviewed the application for an Accessory Dwelling Unit at 9011-192°d Street SW for completeness pursuant to Edmonds Community Development Code (ECDC) 20.02.002 and 20.21.025. The City has determined that the application meets the procedural submission requirements and therefore is complete. Please accept this letter as the City's notice to applicant of determination of completeness pursuant to ECDC 20.02.003. While the application is procedurally complete, additional information and clarifications are needed for continued review of the application. Please respond to the following so review of this application can proceed: 1. Site Plan: a. Please clearly identify the three off street parking spaces on the site plan. b. Please identify the primary ADU entrance and how it will be accessed on the site plan. c. Show fences and other structures on the site plan. 2. Floor Plan: Please include floor plan for the entire residence with the ADU application. Clearly identify on the floor plan which portions of the residence are going to be used for and by the ADU. 3. Building Comments: Please see the attached comments from the Building Division. According to ECDC 20.02.003.1), the above requested information must be submitted within 90 days (or by September 28, 2015) or the application will expire. Attachment 7 Since the application has been determined to be complete, a notice of application will be posted on the subject property and mailed to adjacent property owners within the next two weeks consistent with ECDC 20.03.002. If you have any questions of me, please contact me at 425-771-0220 or via email at kernen.liengedmondswa. gov. S' erely, O ernen Lien Senior Planner Cc: Curt and Theresa Pruett 4 OF EDAf 0 �d T �St. 1890 City of Edmonds Conditional Use Permit Comments DATE June 29, 2015 STAFF: BUILDING DIVISION Leif Bjorback, Building Official Project Address: 9011 192°d St SW Project: Pruett Accessory Dwelling Unit A preliminary review was done with the conditional use materials provided and we have the following comments. 1. Due to the nonconformity of the existing structure (encroachment within the minimum property line setbacks), modifications to the existing structure will need to meet the provisions of ECDC 17.40.020F for partial demolition and restoration. 2. A recent Washington state amendment to the International Residential Code allows for an accessory dwelling unit to occur within a primary dwelling unit without a fire separation, as previously required. All other building code provisions will still be required, as applicable. Building Division Comments 1 FILE NO.: PLN20120023 Applicant: Pruett DECLARATION OF POSTING On the 1 Oth day of July, 2015, the attached Notice of Application was posted at the subject property, Civic Hall, Library and Public Safety buildings. I, Kernen Lien, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this loth day of July, 2015, at Edmonds, Washington. Signed: . {BFP747893 DOC;1\00006.900000\ } Attachment 8 FILE NO.: PLN20120023 Applicant: Pruett DECLARATION OF MAILING On the loth day of July, 2015, the attached Notice of Application was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. The names of which were provided by the applicant. I, Kernen Lien, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this loth day of July, 2015, at Edmonds, Washington. C_ Signed: V�-- {BFP747893.DOC;1\00006.900000\ } NAME OF APPLICANT: DATE OF APPLICATION: DATE OF COMPLETENESS: DATE OF PUBLIC NOTICE: PROJECT LOCATION: Notice of Application File No. PLN20150023 Curt and Theresa Pruett June 2, 2015 June 30, 2015 July 11, 2015 9011 - 192nd Street SW Edmonds WA Tax Parcel Number 00434600002905 PROJECT DESCRIPTION: The proposal is to permit an Accessory Dwelling Unit within a proposed addition to be constructed on the west side of the existing residence. The subject property is zoned RS-10. REQUESTED PERMITS: Administrative Conditional Use Permit (Type II permit process) OTHER REQUIRED PERMITS: Building Permit EXISTING ENVIRONMENTAL DOCUMENTS: Critical Area Determination REQUIRED STUDIES: None. PUBLIC COMMENTS DUE: July 27, 2015 Any person has the right to comment on this application during the public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.07.003 have standing to initiate an administra- tive appeal. Information on this development application can be viewed or obtained at the City of Edmonds Planning Division between the hours of 8:00 a.m. and 4:30 p.m. Monday, Tuesday, Thursday and Friday or online through the city's website at www.edmondswa.gov through Online Permits link. Search for permit PLN20150023. City of Edmonds Development Services Department Project Planner: Kernen Lien, Senior Planner Planning Division kernen.Lien@edmondswa.gov 425.771.0220 x 1223 121 5th Avenue North Edmonds, WA 98020 www.edmondswa.gov WARNING: The removal, mutilation, destruction, or concealment of posted notices before the removal date is a misdemeanor punishable by fine and imprisonment. This notice was mailed to owners within 300 feet of the site, posted on site, posted at the Public Safety Complex, Library, and at City Hall. It was also Published in the Everett Herald. Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Kathleen Landis being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH644477 PLN20150023 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 07/11/2015 and ending on 07/11/2015 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $72.24 Subscribed and sworn before me on this day of Notary Public in and for the State of Washington City of Edmonds- LEGAL ADS 114101416 KERNEN LIEN M-90A ANN GRIGG NOtatV Public MbfLd Of Washington M` tdMmission Expires Ottabet 31, 201 7 CITY OF EDMONDS Not ce of Aoolication File No. PLN20150023 NAME OF APPLICANT Curt and Theresa Pruett DATE OF APPLICATION: June 2, 2015 DATE OF COMPLETENESS: June 30, 2015 DATE OF PUBLIC NOTICE July 11, 2015 PROJECT LOCATION: 9011 - 192nd Street SW Edmonds WA Tax Parcel Number 00434600002905 PROJECT DESEAL1?J10; The proposal is to permit an Accessory Dwelling Unit within a proposed addition to be constructed on the west side of the existing residence. The subject property is zoned RS-10. REQUESTED PERMITS: Administrative Conditional Use Permit II permit process) OTHER REQUIRED PEAJ Building Permit EXISTING ENVIRONMENTAL DOCUMENTS: Critical Area Determination DED 1 None. P 8LI CODUE: July 27. 2015 Any person has the right to comment on this application during the public comment period, receive notice and participate in any bearinggs, and request a copy or the decision on the application. The Cily may accept public comments at any lime prior to the closing of the record of an open record predecision hearing, it any, or, if no open record pfedecislon hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.07.003 have standing to Initiate an administrative appeal. Information on this development application can be viewed or obtained at the City of Edmonds Planning Division between the hours of 8:00 a.m. and 4:30 p.m. Monday, Tuesday, Thursday and Friday or online through the citys website at www.admondswa.gov through Onflne Permits link Search for permit PLN20150023. City of Edmonds Project Planner: Kernen Lien Development Services Department Senior Planner Planning Division kernen.lien®edmondswa.gov 121 5th Avenue North 425.771.0220 x1 g23 Edmonds, WA 98020 www.edmondswa gov ublished: July 11, 2015. EDH644477 U� Covenant for Owner Occupancy JuN 0 2 2015 PLANNING DEPT. This Covenant for Owner Occupancy ("Covenant") is entered into by the undersigned owners(s) of real property located at 9011 192nd Street SW, Edmonds, WA 98026 ("Property"), in favor of the City of Edmonds ("Edmonds") as required for issuance to the owner(s) of a permit allowing construction of an accessory dwelling unit ("ADU"), as set forth in the Edmonds City Code and Community Development Code ("ECDC") Section 20.21, on the Property. Curtis F. Pruett and Theresa E. Pruett agree as follows: 1. That they are the owners of the Property located at 9011 192nd Street SW, Edmonds, WA 98026, and that there are no other owners; 2. That they applied for a permit to construct an ADU on the Property pursuant to ECDC Section 20.21; 3. That the Property will be restricted to the use of the ADU on the property in compliance ECDC Section 20.21; 4. That an owner with at least 50 percent interest in the Property will occupy either the principal residence or the ADU for six months or more each calendar year as the owner's principal residence, unless a waiver has been applied for and granted by the City of Edmonds, - That if the owner(s) of the Property is unable or unwilling to fulfill the requirements of ECDC for owner occupancy, then the owner(s) will remove those features of the accessory dwelling unit that make it a dwelling unit as set forth by the ECDC; 6. That this covenant shall run with the land and be binding upon the Property owner(s), his/her/their heirs and assigns, and upon any parties acquiring any right, title or interest in the Property; 7. That the undersigned owner(s) and their heir, successors and assigns will inform all prospective purchasers of the Property of the terms of this Covenant; and 8. That while this Covenant is being executed and delivered to the City of Edmonds prior to the City of Edmonds' issuing an ADU permit, it shall not be recorded unless and until the City of Edmonds issues the ADU permit. At such time after the permit is issued, the City of Edmonds shall record it in the public real estate records of the Office of Records in the Snohomish County and such recordation shall serve as notice to prospective buyers of the limitations placed on use of the ADU as provided by ECDC Section 20.21. COVENANT OF OWNER OCCUPANCY Page 1 of 3 Attachment 9 AGREED TO: THERESA E. PRUETT DATED: JUNE 1, 2015 STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) On this --L day of d 2015, before me a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Theresa E. Pruett personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be a free and voluntary act and deed for the uses and purposed mentioned in the instrument. IN WITNESS WHEREOF, I have hereunder set my hand official seal the date and year first above written. (signature) (print) ) GAY 1 g,e-(- S `'_ U NOTORY PUBLIC in and for the state of Washington Residing at: 5 S 0 S /4C�-r. S 1=Ankv-Rds.) 1,0x4 ledUacJ My commission expires: q // COVENANT OF OWNER OCCUPANCY Page 2 of 3 `L�"icaN sue• NOTARY °N PUBLIC N� 09-16-2017 � WA6'���� ORIGINAL AGREED TO: CURTIS F. PRUETT DATED: JUNE 1, 2015 STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) On this / day of 2015, before me a Notary Public in and for the State of Washington, dLAy commissioned and sworn, personally appeared Curtis F. Pruett personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be a free and voluntary act and deed for the uses and purposed mentioned in the instrument. IN WITNESS WHEREOF, I have hereunder set my hand official seal the date and year first above written. (signature) Gam, (print) NOTORY PUBLIC in and for the state of Washington Residing at: S 5 C) - � -Li S My commission expires: %//b/X/7 COVENANT OF OWNER OCCUPANCY Page 3 of 3 A N0rARY P o9satic o1., SHIN�'� ORIGINAL C, _ . OF EDMONDS -PLANNING DIVI_.,JN COMMENT FORM ❑ PW-Engineering Fi ❑ PW - Maintenance ❑ Parks & Rec. ❑ Building Economic Dev. ❑ Parks Maintenance Project Number: PLN20150023 Applicant's Name: CURT & THERESA PRUETT Property Location: 9011 192ND ST. SW Date of Application: 6.02.15 Date Form Routed: 6.03.15 Zoning: SINGLE FAMILY (RS-8) Project Description: ACCESSORY DWELLING UNIT "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 6/22/2015 If you have any questions or need clarification on this project, please contact: Responsible Staff: KERNEN LIEN Ext. 1223 Name of Individual Submitting Comments:l�l Title: P rAA 4J have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. ❑ I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): Date: & - f7' l�( 61 Phone/E-mail: 2)`�7)`� I12cI? Attachment 10 4 OF EDAf 0 �d T �St. 1890 City of Edmonds Conditional Use Permit Comments DATE June 29, 2015 STAFF: BUILDING DIVISION Leif Bjorback, Building Official Project Address: 9011 192°d St SW Project: Pruett Accessory Dwelling Unit A preliminary review was done with the conditional use materials provided and we have the following comments. 1. Due to the nonconformity of the existing structure (encroachment within the minimum property line setbacks), modifications to the existing structure will need to meet the provisions of ECDC 17.40.020F for partial demolition and restoration. 2. A recent Washington state amendment to the International Residential Code allows for an accessory dwelling unit to occur within a primary dwelling unit without a fire separation, as previously required. All other building code provisions will still be required, as applicable. Building Division Comments 1 Attachment 11 Date: To: From: Subject: MEMORANDUM July 22, 2015 Kernen Lien, Senior Planner Jennifer Lambert, Engineering Technician PLN20150023, Conditional Use — Accessory Dwelling Unit Pruett — 9011-192nd St SW Engineering has reviewed the conditional use application for a an accessory dwelling unit at the Pruett property at 9011 — 192nd St SW. The information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. In review of the Site Plan it has been determined that the three required parking stalls can be provided on site. Thank you. City of Edmonds Attachment 12