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RA Approval STF-08-21.pdfIt) C. 1890 February 18, 2009 CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: wwwdedmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering Eduardo Laguio 917 Walnut Street Edmonds WA 98020 RE: Reasonable Accommodation Request for Eduardo Laguio (Owner/Applicant) 917 Walnut Street (RS -6 zone) j File STF-2008-0021 & BLD -2008-1009 Dear Mr. Laguio: GARY HAAKErNSON MAYOR In a letter dated November 25, 2008 you submitted a reasonable accommodation request for your property located at 917 Walnut Street (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 original request envisioned an elevated ramp as well as an vertical extension of a portion of the existing fence along the eastern property line (Exhibits 2 - 3). After reworking the original proposal, a revised request was presented (through a revision to the associated building permit, BLD -2008-1009) that proposed construction of an at -grade handicapped -accessible ramp within the east side property line setback area at the subject property (Exhibit 4). To put this request in context, a former owner remodeled the residence at 917 Walnut in 2005 with the expectation of creating an Adult Family Horne (AFH). While the remodel was completed in 2006, the previous owner did not receive a State license nor City permission to operate an AFH and so it remained a single family residence. The current owners (the Laguio's) applied to the City in early 2008 to operate an adult family home at the site. The New Hope Adult Family Home was approved in July 2008 and the City has a Notice of Limitation and Covenant on record for the site (Recording # 200807230113). At the same time, the Laguio's were working with the state to obtain the appropriate Washington State license. Based on an inspection by the Department of Social and Health Services (Exhibit 5), a number of deficiencies were identified with the residence which needed to be addressed before a license can be issued. One the deficiencies identified, and the one that is the subject of this reasonable accommodation, was the lack of a code -compliant handicapped -accessible ramp to the rear of the house. Due to site constraints, the only practical location for a new ramp is within the side setback area east of the existing residence. According to the site development exceptions found in ECDC 16.20.040.0, uncovered and unenclosed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided that they are no more than 30 inches above ground level at any point. The proposed ramp is considered to be similar to steps or patios and therefore would have to meet the setback requirement_ As proposed, the ramp would project into almost the entire 5' setback area which is the required side setback for the zone. Without a reasonable accommodation, the proposed ramp would not be allowed. • 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 applicant intends to establish the New Hope Adult Family Home at 917 Walnut Street, 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 handicapped -accessible ramp 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 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 the construction of a handicapped -accessible ramp to provide safe egress from the rear of the property. 2. The Owner must inform all successors and assigns that the ramp is constructed within the 5 - foot setback from the east property line. 3. The Owner must inform the City Building Official 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 residential care provider may take over the facility; however, the new owner must reapply to the City for reasonable accommodation of the ramp within six (6) months of the change in ownership. 5. The Owner must remove the ramp within six (6) months if it is no longer required for accessible egress. In the event that the ramp is no longer required, the Owner must obtain all required demolition permits for its removal prior to commencing that work. 6. The Owner must obtain a complete building permit for the ramp in accordance with all construction codes and ordinances in effect on the date of the application for the building permit. Any and all deficiencies noted during inspection of the ramp most be corrected within 60 days of notification. 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 the covenant is not received by the City, Planning will not be able to sign off on the associated building permit for the ramp (BLD -2008-1009). 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, ';��IT.Gti. oyo� Mike Clugston, AICP Planner cc: File STF-2008-002 t and BLD -2008-1009 To Mr Duane Bowman RECEIVED City of Edmonds, 121 5f'' Ave. Wa. 98151 i V 2008 From: Eduardo Laguio PERMIT COUNTER Property Owner Date: Nov_ 25, 2008 Subject: 917 Walnut St. Wa = Ramp and Fence Construction Dear Mr Bowman, This is to inform you that subject property has applied and partially approved to operate as an Adult Family Home. However, with the attached Department of Social and Health Services initial Licensing inspection report dated May 30, 2008 which stipulates — Areas that do not meet the State licensing requirement. And likewise, Paragraph 388-76-10745 define as "The ramp at the side of the home was very steep and did meet Local building codes" and needs to be corrected. To fully satisfy the Dept. of Health and likewise the City of Edmonds construction on Ramp and Fence Height regulation, please find attached Plot plan and proposed Fence Extension for the aforementioned ramp. And likewise, following are two noted factors that's in need to be addressed prior to its constructions. 1. Ramp Setback — space were too narrow to meet the City of Edmonds Standard guidelines for the construction of the ramp. 2. And Fence Height — When ramp is constructed Fence height Shall be off by three (3) feet under the prescribed or allowable height. With the aforementioned technicalities and in reference to Disabilities Act a "Reasonable Accommodation" the undersigned hereby request for your help and approval to Construct a Handicap Ramp for the above address. Your kind consideration on this matter is highly appreciated. Exhibit 1 STF-08-21 Respectfully yours, uar �e a P io Attachments: a. DSHS New Hope AFH Inspection Report b. 917 Property Plot Plan c. Proposed Fence Extension NO' 2003 , U V Exhibit 2 STF-08-21 NOV :.' 2008 Exhibit � 3 STF-08-21 ... . ...... i F X 1t7M' F Cv c F J.. EXU j_" :7 f/Y A z) 3 "Mm 6c ry P I T T X P I LANPINC CF CIN_l L4,Al )\ffXT.j'C jpfi'cp I-IfYF- FFNI-' RESUB STREET FILE 'EB 10 2009 warffis=v �,7x )tyr;�, 7-y v 11 & TA Al DvA frP,,m L, A L k --7 . ..... WAZINUT57 E-PMoNP5 I -v75 lu +35- IY4orK 7/1 CiTyvF �PM-NPF ITecomj)r:.b ;ra4-2 *F p4A7:7 j>AC-C- ?.9 le-s -.- --! ipve Front — Rear Other fs!g-h —t 3zj E f L- 1mF 'T" lvp � Lakla �,7x )tyr;�, 7-y v 11 & TA Al DvA frP,,m L, A L k --7 . ..... WAZINUT57 E-PMoNP5 I -v75 lu +35- IY4orK 7/1 CiTyvF �PM-NPF ITecomj)r:.b ;ra4-2 *F p4A7:7 j>AC-C- ?.9 le-s Front Sides Rear Other fs!g-h —t 3zj E f L- 1mF lvp 11 L 20, 007 PZAIV Exhibit 4 STF-08-21 RECEIVE fit,•. �:!'t3 STATE OF WASHINGTON KC 1'r4i i "0 U�' F ER DEPARTMENT OF SOCIAL AND HEALTH SERVICES Aging and Adult Services Administration PO Box 45500, Olympia, Washington 98504-5600 May 30, 2008 CERTIFIED MAIL 70041'160 0002 0552 5912 Trifenia Laguio New Hope Adult Family Home 774 N 204 ' St Shoreline, WA 98133 G 7--e- /-#J 6 - 67�1- k5-0 Dear Ms. Laguio: RE: New Hope Adult Family Home On May 29, 2008 Department AFH Licensor Barbara Lee conducted a scheduled initial licensinginspection and found that you do not meet the State requirements for licensing an adult family home. We cannot issue a license to you until you meet the requirements. Areas that do not meet the State licensing requirements: 388-76-10205 Medicaid or state funded residents. When the adult family home accepts Medicaid or state funded residents, the home must follow the terms and conditions of the department contract and chapter 388-105 WAC. The applicant's admission agreement stated the -home accepted Medicaid residents but did not follow the terms and conditions of the department contract. 388-7640540 Rodent ^ghts — Disclosure of f as wnd n�t: raqulre«:erzts --- Deposits. (2) The disclosure must include: (a) A statement of the amount of any admissions fees, deposits, prepaid charges, or minimum stay fees; • The applicant's admission agreement stated there was a onetime non- refundable admission fee but the applicant did not state the amount of the fee. 388-76-10575 Resident rights — Privacy. (1) The adult family home must ensure the right of each resident to personal privacy that includes: ( Personal care; • Two of the bathing facilities to be used by residents did not have a shower curtain for privacy_ Exhibit 5 STF-08-21 •Trifenia Laguio New Hope Adult Family Home May 30, 2008 Page 2 of 4 388-76-10690 Bedroom usable floor space — In adult family homes after the effective date of this chapter. (1) For the purposes of this section "vestibule" means a small room or hall between an outer door and the main part of the resident bedroom. (2) The adult family home must ensure each resident bedroom has a minimum usable floor space as follows, excluding the floor space for toilet rooms, closets, lockers, wardrobes and vestibules: (a) Single occupancy bedrooms with at least eighty square feet; 1 • Bedroom D useable floor space measured 7T6 square feet 388-76-10705 Common use areas. (2) The adult family home must ensure common use areas are.- (a) re:(a) Homelike, with fumishings that each resident may use; • The upstairs and downstairs common areas did not have adequate seating for the capacity of the home. 388-7640715 Doors -- Ability to open. The adult family home must ensure: (1) Every bedroom and bathroom door opens from the inside and outside; t,,,--: Sliding pocket doors in resident bedrooms and bathrooms did not have a handle to open and close the doors. (2),Every closet door opens from the inside and outside; • The closet door in Bedroom B did not have -handles on the inside and outside to easily open the closet door. (3) All exit doors leading to the outside will open from the inside without a key or any special knowledge or effort by residents The egress door in bedroom E did not open easily and required extra effort to get it open. 388-76-10730 Grab bars and hand rails. (1) The adult family home must install grab bars or hand rails to meet the needs of each resident. -42) At a minimum, grab bars must be installed and securely fastened in: (a) Bathing facilities such as tubs and showers; • Two of three bating facilities to be used by residents did not have grab bars installed. Trifenia Laguio New Hope Adult Family Home May 30, 2008 Page 3 of 4 388-76-10740 Lighting. The adult family home must provide: (1) Adequate light fixtures for each task a resident or staff does; D One of three bathing facilities did not have adequate lighting. The shower stall had a vile wall that blocked light from the light fixture. 388-7�cdes d ordinances. The adult family home must: (1) Meet all applicable local licensing, zoning, building and housing codes as they pertain to a single family dwelling; • The ramp at the side of the home was very steep and did meet local building codes. 388-76-10810 Fire extinguishers. (2) The home must ensure the fire extinguishers are; (b) Inspected and serviced annually; • The applicant did not have evidence of when the fire extinguishers were purchased or serviced. 388-76-10840 Emergency food supply. The adult family home must have an on --site emergency food supply that can be stored with other food in the home and that: (111 last for a minimum of seventy-two hours (brief description of problem) • The applicant did not have an adequate supply of emergency food for potential residents. The Department will not contact you_to schedule a second inspection. You must: • Correct the areas that do not meet the licensing requirements if you want the Department to issue a license to you; and • Notify the Department in writing to ask for another inspection after you have corrected the identified areas that do not meet the State licensing requirements. Send to: Casey Zimmer, RN Supervisor AFH Quality Assurance Program Residential Care Services PO Box 45600 Olympia WA 98504-5600 You must not: • Operate as an adult family home until you have a license. • Admit more than one resident until you have a license. You must: • Be licensed before March 11, 20©9 twelve (12) months from the date the Department first received your application or your file will be closed and the application voided. After that date, you will need to retake the Department's orientation class and reapply for an adult family home license, or + Notify this office in writing if you feel you cannot become ready for another inspection and/or complete the licensing process within the timeframes, or if you no longer want an adult family home license. If you have any questions: + Please contact me at (360) 725-2575. Sincerely, Casey Zimmer, RN Supervisor Adult Family Home Quality Assurance Program Residential Care Services M Application File Barbara Lee AFH Licensor