RA Approval Letter.pdfr112c.1S90
June 24, 2009
CITY OF EDMONDS
121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
Website: wwad.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
Planning • Building • Engineering
Craig Brown, Ph.D., President
Center For Discovery
4136 Ann Arbor Road
Lakewood, CA 90712
GARY HAAKENSON
MAYOR
RE: Reasonable Accommodation Request for Discovery Practice Management Vl, Inc. (Owner)
7511 1700 Street SW (RS -12 zone) I File STF-2009-0011
Dear Dr. Brown:
In a letter dated May 15, 2009, you submitted a reasonable accommodation request for the property
located at 7511 176"' Street SW (Exhibit 1). Chapter 17.05 of the Edmonds Community Development
Code (ECDC) was enacted to authorize staff, when necessary, to reasonably accommodate the statutory
rights of the disabled under the Americans with Disabilities Act, the Fair Housing Act or the Washington
Law Against Discrimination. The request was to use the single-family dwelling at the address referenced
above as a staffed residential facility, a type of residential treatment facility licensed by the State of
Washington pursuant to Chapter 246-337 WAC, for up to six (6) children. Specifically:
The intended use of the premises is as a staffed residential home for up to a maximum of six (6)
children who are in need of assistance with eating disorders. The prototypical resident of the
premises would be an anorexic or bulimic girl between the ages of 11 and 17, who is an
outstanding student and is from an upper middle class family. The normal length of stay far the
child would be between 30 and 60 days. The children would be under 24 hour supervision and
would not be allowed outside the facility without staff accompaniment.
In addition to the residents, it is noted a staff of 3 — 5 will work at the site during the day with 1 person on
the night shift; there will be no live-in staff at the home. Patient families may visit the site on Sundays for
2 to 3 hours and patients may not have their own cars in order minimized the number of trips to the site.
The subject parcel is zoned Single Family Residential (RS -12) where possible primary uses include
churches, primary schools, local public facilities, and most usually, single family dwellings (ECDC
16.20.010). Per ECDC 21.30.010.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." The term `family'
also includes state -licensed adult family homes, state -licensed foster family homes and group care
facilities as defined in RCW 74.15.180, and group homes for the disabled required to be accommodated
as residential uses pursuant to the Fair Housing Act amendments (ECDC 21.30.010.B). A group home
such as a staffed residential facility for up to five individuals would be allowed by definition. By
proposing to have up to six residents in a group home in a single-family zone, the Center for Discovery
requires reasonable accommodation,
• Incorporated August 11, 1890 •
Sister City - Hekinan, Japan
According to ECDC 17.05, the Development Services Director may vary, modify, or waive the provisions
of the Edmonds Community Development Code in order to enable reasonable accommodation as
necessary to provide for a disabled person's (or care provider to the disabled person's) full enjoyment of a
residence. In this case; staff has confirmed that the apsplicant intends to establish a licensed staffed
residential facility for up to six residents at 7511 176` Street SW, a use which may be allowed reasonable
accommodation from strict interpretation of the Code.
Pursuant to Chapter 17.05, the City is willing to grant proportionate reasonable accommodation for the
proposed use subject to the acceptance of the following conditions which will be described in a covenant
recorded with the Snohomish County Auditor. These conditions include:
1. The facility is authorized to house up to six (6) children, including disabled children and staff.
Nothing in this authorization shall be deemed to authorize the facility to house any child
whose residency would constitute a direct threat to the health and safety of other individuals
or whose residency would result in substantial physical damage to the property of others.
2. The Owner must inform all successors and assigns of the property that a reasonable
accommodation has been granted pursuant to ECDC 17.05.040 to allow use of the dwelling at
7511 176`' Street SW as a staffed residential facility for treatment of a maximum of six (6)
children with eating disorders.
3. The Owner must inform the Development Services Director in writing within 30 days of any
change in property ownership.
4. The reasonable accommodation is personal to the Owner and does not run with the land. A
similar treatment provider may take ownership of the facility; however, the new owner must
reapply to the City for reasonable accommodation of the facility within 30 days of the change
in ownership.
5. The Owner must obtain the appropriate compliance permit from the Building Division.
6. The facility and site shall meet all other applicable zoning requirements not accommodated
by this approval.
7. When the accommodated residential treatment use at the site ceases, the use of the site will
revert to those primary permitted uses defined in ECDC 16.20.010.
A proposed covenant is enclosed. If you agree with the conditions, sign and notarize it and then record
the document with the Snohomish County Auditor. Once the document is recorded with the Auditor,
please provide an endorsed copy to the City.
If you have any questions, please feel free to contact me at (425) 771-0220, or via email at
clugston@ci.edmonds.wa.us.
Sincerely,
/�" AJ4V-V,—
Mike Clugston, AICP
Planner
cc: File STF-2009-0011