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ReasonableAccommodation-ApprovalLetter.pdf August 15, 2008 Bobby Mills th 8112 206 Street SW Edmonds WA 98026 Sara Winters th 1138 6 Avenue South Edmonds WA 98020 Arthur Coday Jr., M.D. Lynnwood Medical Center th 19720 68 Avenue West – Suite B Lynnwood WA 98036-4568 RE: Reasonable Accommodation Request for Sara Winters th 1138 6 Avenue South (RS-6 zone) | Files STF-2008-0017 and BLD-2008-0271 Dear Mr. Mills: In letters dated July 29, 2008 and August 6, 2008 you submitted a reasonable accommodation request on th behalf of the owner, Sara Winters, for her property located at 1138 6 Avenue South. 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 subject request was to allow the construction of stairs within the north and west setback property extending down from the existing second-story deck in order to provide safe egress from the back portion of the house in the event of an emergency. The addition of the stairs would exceed the maximum 35% lot coverage requirement. The building permit application for the proposed stairs is currently being reviewed under file BLD-2008-0271. 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 provide a reasonable accommodation as necessary to provide to 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 owner is disabled and has “limited mobility” as stated in the letter from her doctor, Arthur Coday, Jr., M.D. and qualifies under the above code citation for this request. Page 1 of 2 Pursuant to Chapter 17.05 of the ECDC, the City is willing to grant proportionate reasonable accommodation subject to the preparation and recording of a covenant which includes the following items: 1)Property address and legal description. 2)Description of the stairs (location, size). 3)A plot plan showing property lines, the existing residence, and location and dimension of the stairs, which shall be attached as an exhibit. You submitted the above items with your building permit application, thank you. The owner, Sara Winters, would need to agree to the following language in the covenant: EXHIBIT A 1.Owner will inform her successors and assigns of the property described in that a reasonable accommodation has been granted pursuant to ECDC 17.05.040 to allow the construction of an accessible back stairway off the second story deck to provide safe egress from the back portion of the house in an emergency. EXHIBIT A 2.Owner will inform her successors and assigns of the property described in that the stairs EXHIBIT B shown inare constructed within the 15 foot setback from the west property line, and causes the total lot coverage to exceed the maximum allowed 35 percent. 3.Owner will inform her successors and assigns of the property described in Exhibit A that the reasonable accommodation is personal to the Owner and shall not run with the land. 4.Owner will inform the City Building Official in writing within 30 days of any change in property ownership. 5.Owner shall remove the stairs within three months if the stairs are no longer required for accessible egress. In the event that the stairs are no longer required for accessible egress, Owner shall obtain all required demolition permits for the removal of the stairs prior to commencing that work. 6.Owner shall obtain a complete building permit for the stairs 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 stairs shall be corrected within 60 days of notification. The draft covenant was submitted to the City for review on August 11, 2008. A new covenant was created and approved by staff on August 15, 2008. The covenant shall be recorded with the Snohomish County Auditor and the applicant shall return one (1) copy of the recorded covenant to the Planning Division. This was also a condition of approval on the building permit application. Please be aware that Planning staff will not sign off on your Planning Final Inspection for your building permit until the copy of the recorded document is returned to the city. If you have any questions, please feel free to contact me at (425) 771-0220, extension 1778, or via email at coccia@ci.edmonds.wa.us. Sincerely, Gina Coccia Associate Planner cc: File STF-2008-0017 Page 2 of 2