Sherman 6-13-06.doc
June 14, 2006
Gordon Sherman
nd
23914 102 Ave. W.
Edmonds, WA. 98020
Case: # ZE-06-134,135,136,137,138 (COD2006-001,002,003,004,005)
nd
Subject Property: 23914 102 Ave.W., Edmonds, WA. 98020
Dear Mr. Sherman,
The City has received a complaint regarding junk vehicles, nuisance items (car parts, garbage, salvage, etc.),
commercial vehicle repairs, accessory buildings over 120 square feet without permits and potential hazardous waste
(vehicle fluids) dumping at the subject property.
The regulations relating to the subject property’s current use in the Edmonds Community Development Code (ECDC)
are as follows:
“Junk vehiclesany two of the following requirements
” are defined in ECDC 20.110.20.C as a vehicle meeting (italics
and bold added):
1. Is three years or older;
2. Is extensively damaged, such damage including but not limited to any of the following: a broken or missing
window or windshield or missing wheels, tires, motor, drive train, brakes or transmission;
3. Is apparently inoperable;
4. Is without valid current registration plates;
5. Has a fair market value equal to the value of the scrap in it.
Nuisance
section ECDC 20.110.030. No person owning, leasing, renting, occupying or having charge or possession
of any property in the city, including vacant lots, shall maintain or allow to be maintained on any such property, except
as may be allowed by any other city ordinance any of the following:
A. Junk, trash, litter, boxes, discarded lumber, salvage materials in front yard, side yard, rear yard or vacant lot;
B. Attractive nuisances dangerous to children including but not limited to the following items when located in any front
yard, side yard, rear yard or vacant lot:
1. Abandoned, broken or neglected equipment;
2. Potentially dangerous machinery;
C. Broken furniture or discarded furniture, household equipment and furnishings in any front yard, side yard or vacant
lot;
F. Vehicle parts or other articles of personal property which are discarded or left in a state of partial construction or
repair in any front yard, side yard, rear yard or vacant lot;
H. One or more junk vehicles or abandoned vehicles in any front, rear or side yard setback areas, driveways, or vacant
lots;
Home Occupations
: ECDC 20.20 - Home occupations are a permitted use in residential zones but do require a
business license and home occupation permit. There are seven criteria that must be met to obtain an administrative
home occupation permit. If a home occupation proposal doesn’t meet one or more of the criteria the property owner
may apply for a conditional use permit. There is no guarantee a conditional use permit will be granted if an application
is submitted.
nd
Sherman, 23914 102 Ave. W
accessory buildings
The Edmonds Community Development Code (ECDC) addresses as follows:
• Permanent structures (exemptions from building permit)
One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses; provided the floor
area of the building measured to the exterior wall or post does not exceed 120 square feet with a maximum eave of 30
inches (building must comply to setback and height requirements for zone).
• Temporary structures
17.70.010 Other temporary buildings.
Except as provided below in ECDC 17.70.030, a conditional use permit shall be required to construct a temporary
building in any zone. The permit shall be valid for a period of one year; provided however, that said permit may be
extended by the community services director for a single one-year extension upon submittal of a written application
prior to the expiration of the original permit. All the requirements of the zoning district shall be met. Said application
for a conditional use permit or an appeal of the staff decision granting or denying the extension of such a permit shall
be reviewed by the hearing examiner in accordance with the requirements for any other conditional use permit under
ECDC 20.100.010, with the decision being appealable to the city council under the procedures applicable to any other
conditional use permit. \[Ord. 2833 § 1, 1991; Ord. 2541, 1985\].
Plastic/canvas canopy/tent structures in summary:
1. When a plastic/canvas building over 120 square feet is constructed without a building permit it is either an
unapproved building or a temporary building. Buildings over 120 square feet require a building permit and must meet
minimum IBC provisions. A plastic/canvas structure is considered non-conventional and can not meet minimum
building code requirements (snow load) and therefore cannot obtain a building permit.
2. An alternative is to consider it a temporary building. This requires a conditional use permit prior to
construction as described above.
3. Whether a building is less than 120 square feet or over 120 square feet, it must meet the required setbacks
and height limits.
Corrective actions required by July 10, 2006:
Please remove or enclose in a legal building (garage) all “junk vehicles” (please see definition above). Please
note that a tarp or plastic building over 120 square feet is not considered enclosed. Please note that City
Parking Enforcement enforces regulations on the right-of-way and determines the method and time required
for compliance. Vehicles stored in the right of way longer than 72 hours or unlicensed vehicles may also
receive a ticket or be towed immediately.
Please remove all nuisance items including vehicle parts as described in ECDC 20.110.030 above.
If the resident is interested in running a commercial business (vehicle repair) at that location, they must make
a full application for a City of Edmonds business license and home occupation permit. Otherwise, without a
home occupation permit, no vehicle repairs should be made on vehicles unregistered to the subject property.
Please remove any pliable plastic accessory structures that are over 120 square feet.
Please contact Snohomish County Solid Waste for proper disposal of any vehicles wastes and for removal of
waste dumping
any on the site.
Please contact me by June 21, 2006 to respond to the information above and advise your compliance schedule. At your
convenience and request I can meet with you at the property to review the violations. Thank you in advance for your
cooperation and assistance.
Sincerely,
Mike Thies
Code Enforcement Inspector
thies@ci.edmonds.wa.us