StaffReport_ADU-2008-45+Attachments.pdf
CITY OF EDMONDS
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121 5 Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
PLANNING DIVISION ADMINISTRATIVE REVIEW
FINDINGS, CONCLUSIONS, & DECISION
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Project:
Askar Accessory Dwelling Unit at 16318 71 Place West (RS-12)
File Number:
ADU-2008-45
Date of Report:
March 4, 2009
I have determined that the application is complete and have reviewed the
Accessory Dwelling Unit application pursuant to Chapters 20.21 and 20.95 of
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the Edmonds Community Development Code .
Reviewed By:
____________________________
Gina Coccia, Associate Planner
I.INTRODUCTION
A.SUMMARY OF APPLICATION:
The purpose of the Accessory Dwelling Unit (ADU) chapter is to regulate the establishment
of ADUs within single-family dwellings while preserving the character of single-family
neighborhoods. The request for additional living quarters within single-family
neighborhoods is to (1) make it possible for adult children to provide care and support to a
parent or other relatives in need of assistance, or (2) provide increased security and
companionship for homeowners, or (3) provide the opportunity for homeowners to gain the
extra income necessary to meet the rising costs of home ownership, or (4) to provide for the
care of disabled persons within their own homes.
This site is located in a single-family neighborhood in north Edmonds, near the Lynnwood
City Limits. All of the homes within the Edmonds city limits in this neighborhood are also
zoned Single-Family Residential (RS-12) (Attachment 1). The owner, Mr. Askar, is
proposing to create a one-bedroom Accessory Dwelling Unit (ADU) in a portion of the
downstairs of his home. No exterior changes are proposed – the ADU will gain entry from
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Avenue West and the primary unit will gain entry from 71 Place West. The floor plan
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indicates that the owner intends to remodel the interior of the downstairs to include a kitchen.
Because the owner is proposing to have separate kitchen, bath, and sleeping facilities within
the existing residence, an Accessory Dwelling Unit (ADU) permit is required. Approval of
an ADU permit requires compliance with Edmonds Community Development Code (ECDC)
Chapters 16.20 and 20.21. After land use approval is obtained for the ADU, the owner will
need to apply for and receive building compliance permit approval (which includes
inspections).
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All Edmonds Community Development Code (ECDC) citations can be accessed online at www.ci.edmonds.wa.us.
Askar ADU
File ADU-2008-45
II.FINDINGS AND CONCLUSIONS
A.GENERAL INFORMATION
1.Request:
To create an ADU in a portion of the downstairs of the owner’s home, located
in the Single-Family Residential (RS-12) zone (Attachment 1).
2.Review Process:
Accessory Dwelling Unit – Planning staff reviews the project and
issues an administrative staff decision.
3.Owner/Applicant:
Mr. Ahmed Askar (Attachment 2).
4.Tax Parcel Number:
00636300001100.
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5.Location:
16318 71 Avenue West, Edmonds WA 98026 (Attachment 1).
6.Zoning:
Single-Family Residential (RS-12).
7.Acreage / Square Footage:
~ 0.28 Acres/12,196 square feet (Attachment 4).
8.Existing Use:
One single-family home.
9.Proposed Use:
One single-family home with one ADU in a portion of the downstairs.
10.Comprehensive Plan Designation:
“Single Family – Resource.”
11.Access / Streets:
This site is unique in that there are two ways to access the property –
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the upstairs can be accessed from 71 Place West, and the downstairs can be accessed
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from 72 Avenue West. Both 72 Avenue West and 71 Place West are considered
“Local Streets.”
B.TECHNICAL COMMITTEE:
This application was reviewed by the City’s Fire Department, Engineering Division, Parks
and Recreation Department, and the Public Works Department. The Building Division
provided the comments which include the condition that a building compliance permit is
required for the proposed ADU. The Fire Department required a condition that
interconnected smoke alarms must be provided throughout both dwellings. The Engineering
Division had some initial questions related to parking, but these questions have since been
answered and they are satisfied with the proposal. These outstanding issues (Attachment 7)
have been incorporated into the decision as conditions of approval.
C.ZONING COMPLIANCE (ECDC 16.20):
The property is located in the single-family residential (RS-12) zone. Pursuant to ECDC
16.20.010(D)(4), Accessory Dwelling Units are a permitted secondary use requiring a
Conditional Use permit. The ADU application is processed as an administrative Conditional
Use permit and reviewed against specific ADU criteria listed in ECDC 20.21.030. The
proposed ADU is consistent with the zoning ordinance.
D.APPLICATION AND STAFF REVIEW COMPLIANCE (ECDC 20.95):
This ADU application is processed pursuant to ECDC 20.95.040 (Staff Decision – Notice
Required). A complete application was received on July 15, 2008, which satisfies the
requirements of ECDC 20.95.
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E.CRITERIA FOR ADU COMPLIANCE (ECDC 20.21.030):
The following specific criteria must be met in order for an ADU to be approved. The criteria
as applied to this permit is discussed below.
1.Permit Required:
Any person who occupies or permits another person to occupy an
attached ADU as a place of residence shall first obtain a permit.
The owner applied for an ADU permit on July 15, 2008 (Attachment 2). The application
was considered complete upon submittal; however, additional information was requested
on August 27, 2008, September 25, 2008, December 10, 2008, and January 28, 2009.
The City’s outstanding questions were satisfied on January 28, 2009 and staff began the
two week comment period on February 12, 2009. A building compliance permit is also
required, but has not yet been applied for or received. A condition of approval will be
that the owner follows through with the required building compliance permit in order to
meet this criterion.
2.Number of Units:
A single-family dwelling may have no more than 1 ADU per lot.
Only one ADU is proposed for this lot (which will occupy half of the downstairs area),
therefore this criterion has been met.
Size:
3.In no case shall an ADU 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 ADU 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.
The Snohomish County Assessor’s parcel data indicates that the house was constructed in
1978 and the top floor (where the primary unit will be located) is 1540 square feet
(Attachment 5). The County’s records indicate that the bottom floor, where the ADU is
proposed, is 1552 square feet (1552 shown on the originally submitted floor plan). Since
the original submittal, the Owner has opted to shrink the size of the downstairs in half to
< 800 square feet (approximately 728 square feet) in order to meet the code, which does
not allow ADUs to be larger than 50% of the dwelling. The downstairs ADU will be
roughly 47 percent of the principle dwelling, which meets the intent of the code, because
the ADU will be completely located on a single floor, only one bedroom is proposed, and
the ADU will still be under 50 percent of the floor area of the principal dwelling. See
Attachments 4 and 5 for details. Staff feels the application will meet the size criteria,
once a building compliance permit has been issued which will evaluate the proposed new
walls and doors, among other life/safety criteria.
:
4.Location and AppearanceThe single-family appearance and character of the
residence shall be maintained when viewed from the surrounding neighborhood. The
design of the ADU 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 ADU 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 ADU. ADUs must be located within or attached to single-family
dwelling units.
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The proposed ADU will maintain the single-family appearance and character of the
residence, because no exterior changes are proposed. Because of the site’s topography,
there are two existing entries: the ADU entry is unobtrusive when view from the street,
because it looks like the main entry (which is upstairs, accessed off the cul-de-sac). The
ADU is proposed within the single-family dwelling unit. A condition of approval will
address the requirement of having only one mail box, water meter, and electric meter.
5.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 ADU, but in
no event less than three spaces per lot.
The garage is shown to be at least 18.5’ wide and at least 16.5’ deep (24’ x 24’). With
these dimensions, the Engineering Division has found that the garage can accommodate
two parking spaces, as well as one tandem space in front of the garage. With room
shown for at least three parking spaces, the ADU application meets the parking criteria.
6.Occupancy:
Either the primary dwelling or the ADU 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 ADU permit; Any such rental shall
void the permit. The owner(s) shall not rent any portion of the owner-occupied unit for
any period. In no event shall the total number of occupants exceed one family as defined
in the Edmonds Community Development Code; provided, however, that if the ADU 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/caregiver and
the ADU is occupied by a disabled person under the nurse’s care, the occupancy limit of
one family may be in creased 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 the Edmonds Community Development Code.
The owner has given his oath by signing an affidavit (Attachment 8) stating that he will
reside in the primary or accessory dwelling unit for more than six months of every hear.
An “ADU Covenant” (Attachment 9) will also need to be recorded at the County
Auditor’s Office that affirms that the owner will need to reside in the home at least six
months out of every year, it will disclose the ADU to future owners, and it will notify
them of the conditions of approval.
7.Safety, Light, Ventilation, Floor Area and Similar Factors:
ADUs 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 ECDC. No permit for an ADU shall be issued to a nonconforming structure unless
that structure is brought into conformance with the then current provisions of this code.
These criteria will be reviewed through the building compliance permit process, which
the Owner will need to apply for and receive in order for the ADU to be valid. An
inspection by a City Building Inspector will be completed in order to ensure that the
ADU meets the requirements of all life-safety codes and standards. Any conditions or
corrections resulting from the inspection must be complied with. Any approval of an
ADU should be conditioned to require compliance with the Building Division’s
inspection requirements. This has been made a condition of approval for the ADU
permit. Therefore, this criterion has been met.
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The proposal, with conditions, is compliant with the ADU criteria.
F.BUILDING CODE COMPLIANCE (ECDC TITLE 19):
The ADU permit can be described in two phases. Phase one of the ADU permitting process
is for land use review and approval – this is the review at hand. The second phase of the
ADU permitting process is building compliance review and approval. Once the applicant
submits and obtains a building permit for the work proposed, the Building Division will
review the proposal for compliance with the building code, including ECDC Title 19. The
Building Division has submitted a memo to the Owner describing all of the items that will
need to be proven compliant through the building compliance permitting process (Attachment
7).
G.PUBLIC CONCERNS:
During public review of the proposal, 8 public comment letters from 6 households were
received (Attachments 11A – 11F). All of the public comment letters are in opposition of the
proposal, and all cite the concern that the single-family neighborhood should remain single-
family and not “multi-family.” They are also all concerned that the owner will not be
occupying neither the primary nor accessory dwelling unit for more than six months of the
year, as required. Some of the concerns are paraphrased below, along with a brief response.
If, after the ADU process has been completed and the alleged problems persist, then the City
will need to be notified in order to investigate the matter further. If the Owner can prove
through the application process that all of the criteria for approval can be met, the application
shall be approved. After the land use processes has been completed, the ADU is still not
approved until both the building compliance permit has been granted (which includes
inspections) and the ADU Covenant rerecorded.
Scott and Dona McEwen
composed two letters, received 08.20.2008 and 02.19.2009
(Attachment 11A). They are opposed to the ADU, and are concerned about the number of
people who are onsite each day, which generates traffic and is generally disruptive. They feel
that the number of people living on the top floor is closer to ten (10), and are concerned that
this property could be mistaken for a duplex. They feel that the ADU permit is being pursued
for profit, and have enclosed real estate advertisements for this property.
: The marketing remarks on the advertisement indicate that previously,
Staff’s Response
this property was listed with “great income potential” and that there are already “great
renters downstairs” – the listing was printed on 05.21.2008 (Attachment 11A). I
searched the MLS number and it is “no longer an active listing.” Since the submittal of
this document, the Code Enforcement Officer has inspected the premises and the Owner
has submitted an application to obtain a legal ADU and has been made aware about the
limitations of the code and the definition of one single “family” (Attachment 10A). The
application was submitted on 07.15.2008 and after much correspondence, the Owner has
revised his application to show that, if approved, the proposal will comply with the
various provisions of the code – including keeping the property to one single family – this
means they may have no more than five unrelated people living on site. It is also
important to note that if/when this property is sold, the new owners have to sign a new
affidavit and submit it to the City in order to maintain the ADU. Also, the ADU Covenant
will be recorded at the end of the ADU approval process in order to provide notice to
future owners that an ADU exists on this property, but that it has strict limitations
(Attachment 9). The purpose of regulating ADUs through the ADU permit process is to
preserve the character of the single-family neighborhood while providing, “… the
opportunity for homeowners to gain the extra income necessary to help meet the rising
costs of home ownership.”
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Philip and Dorothy Sacks
composed two letters, received 09.16.2008 and 02.25.2009
(Attachment 11B). They are concerned that an illegal ADU has been operating onsite for
some time, and allege many types of nuisances and disturbances originating onsite, and are
concerned that if approved, the problems will intensify. They have requested that the ADU
permit be denied and they allege that there are seven (7) people living onsite in violation of
the definition of “family” pursuant to ECDC 21.30.010.
Staff’s Response: The Owner has applied for an ADU permit in order to bring the
property into compliance. Because there are many approval criteria that the Owner must
comply with, staff feels that the situation described in the letter will likely improve rather
than get worse. Moving forward, the Owner has signed an affidavit under oath testifying
that he will live onsite for more than six months of every year – and that there is only one
single family total living onsite. The Owner is, by now, well aware of the definition of
one single “family” – which allows up to five (5) unrelated people, including the Owner
(Attachment 10A). The Owner is aware that if it is shown that any of these criteria of
approval are not being upheld, then his approval will expire. In any event, all of the
performance standards established under ECDC 17.60 will need to be maintained by all
properties, which includes standards for noise, open storage, waste disposal, and
vibration(Attachment 10B). Please contact the Police or the Code Enforcement Officer
if you feel that there are violations. The ADU permit must be approved if all of the
criteria of approval can be achieved, with conditions.
Ray Smith
composed a letter, received 10.09.2008 (Attachment 11C). He requests that the
Code Enforcement Officer inspect the ADU to ensure complete compliance with the various
codes. He also asserts that there has been more than one family living onsite for years, and
that the owner has not lived onsite for more than six months in the last year.
Staff’s Response: As required by code, land use approval is only the first step in the ADU
approval process. The next step requires the applicant to submit a complete building
permit application for review. Inspections are made at the end of the building permit
process to ensure that all of the conditions of approval, as well as other life-safety issues,
are satisfied. The owner, as required, has submitted an ADU “affidavit” (attached)
swearing under oath that once approved, he will be living on the premises for at least six
months of every year. And, an ADU “covenant” (sample attached) will need to be
recorded at the County after the building permit process has been completed ensuring
notice to future owners of the ADU conditions of approval. If, after the ADU is
approved, someone believes that any of the conditions of approval are not being upheld,
they may file a Request for Code Enforcement Action and the Code Enforcement Officer
will conduct an investigation. If it is determined that the conditions of approval are not
being upheld, the ADU approval will expire.
Bill and Sharon Williams
composed a letter, received 02.18.2009 (Attachment 11D). They
strongly object to a multi-family home and feel that the ADU has been established illegally.
: In fact, the home will remain one single “family” based on the
Staff’s Response
definition of family, which allows up to five unrelated people per ECDC 21.30.010
(Attachment 10A). A portion of the “family” will live in the primary unit, and a portion
of the “family” will live in the accessory unit. When the City is notified that an ADU is
operating without a permit, the Code Enforcement Officer will either make the owner
remove the illegal ADU or obtain a permit for the ADU. In this case, the owner has
applied for a permit to establish an ADU and will need to follow through on all of the
conditions of approval before the ADU is granted by the City.
Rita Stillings and Mary Patter
composed a letter, received 02.24.2009 (Attachment 11E).
They feel that allowing ADUs within a single-family setting defeat the purpose of the zoning.
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Staff’s Response: In fact, ADUs are a permitted secondary use (requiring a conditional
use permit) in all residential zones, per ECDC 16.20.010.D.
Randall Harwood
composed a letter, received 02.26.2009 (Attachment 11F). As President
of the Home Owners Architectural Control Committee for Westmont View Divisions I and II,
he feels that their subdivision, “Westmont View – Division I” is a “planned residential
development” and should not be permitted per ECDC 20.21.010 which states, “No accessory
dwelling unit shall be permitted within any planned residential development or any
individual lot within such a development.” He has provided copies of the Home Owners
Association’s covenants and urges the City to enforce these private covenants. He does not
want the site to exceed single-family occupancy.
Staff’s Response: In fact, this subdivision (Westmont View – Division I) is not a “Planned
Residential Development” because it was not processed under ECDC 20.35 (PRD). The
PRD chapter of the code is a very specific way of platting that incorporates design
review and allows for the flexible arrangement of building lots (typically, they are
designed as small clustered lots with large tracts of open space). There are only a few
PRDs within the City of Edmonds, and this site is not located within a PRD. The
occupancy will remain one single family as required by the ADU code, which allows up
to five unrelated people living on site. Unfortunately, the City cannot enforce private
covenants. Private covenants may be enforced by the group which establishes them (in
this case, the Homeowner’s Association), but not by the City. The City must review
applications to ensure compliance with the City code, and if the proposal (as
conditioned) can comply with the City code, then it must be approved.
III.DECISION
Based on the Findings of Fact, Conclusions, and Attachments to this report, the following
The Accessory Dwelling Unit, as
decision is issued by the City of Edmonds Planning Division.
proposed, is APPROVED with the following conditions:
1.
A Building 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 Building Compliance Permit. Please contact the Building
Division at 425.771.0220 to inquire about the building permit process.
2.
Pursuant to ECDC 20.21.060, this approval shall expire automatically whenever:
a.
The ADU 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 ADU, the
owner-occupied unit is rented, or the current owner fails to file the affidavit required
under ECDC 20.21.025(A)(1).
3.
Hard-wired interconnected smoke detectors with battery back-up shall be required throughout
both the primary and accessory dwelling units.
4.
A single-family dwelling may have no more than one Accessory Dwelling Unit per lot.
5.
In no event shall the total number of occupants on site exceed one single family as defined in
ECDC 21.30.010 which states: “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
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such wards are related by genetics, adoption, or marriage to all of the members of such
group living in a dwelling unit.”
6.
The Accessory Dwelling Unit Covenant must be filed with the Snohomish County Auditor
(sample attached). Prior to occupancy of the ADU, the Owner must either:
d.
Provide the completed signed and notarized “ADU Covenant” to the City upon building
compliance permit submittal. You may pay the City processing fee of $20 plus the
County recording fee of $42 (for a total of $62) and the City will record the Covenant for
you; -- OR --
e.
Provide a copy of the completed signed and notarized “ADU Covenant” to the City upon
building compliance permit submittal for review. After the building compliance permit
has been issued, take the completed signed and notarized ADU Covenant to the County
Auditor’s Office and record it for the County’s recording fee of $42. Then, return a copy
of the recorded Covenant to the Edmonds Planning Division with the Auditor’s recording
number on the copy. But, please understand that your ADU will not be finalized until the
City receives a copy of the recorded document.
7.
Pursuant to ECDC 20.21.040, 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.
8.
Only one mail box, one water meter, and one electric meter are permitted for the entire site, in
accordance with ECDC 20.21.030.D.
IV.APPEALS AND RECONSIDERATIONS:
The following is a summary of the deadlines and procedures for filing requests for
reconsiderations and appeals. Any person wishing to file or respond to an appeal should contact
the Planning Division for further procedural information.
A request for reconsideration of this decision may be made by filing a letter and fee with the
Planning Department within ten (10) working days of the date of decision, pursuant to ECDC
20.95.050.B.2.
ECDC 20.105.010.A describes how appeals of a staff decision shall be made. The appeal shall be
made in writing, and shall include the decision being appealed along with the name of the project
and the date of the decision, the name of the individual or group appealing the decision, their
interest in the matter, reasons why the appellant believes the decision to be wrong, and the
appropriate fee. The appeal must be filed with the Community Development Director within
fourteen (14) calendar days after the date of the decision being appealed.
V.NOTICE TO THE COUNTY ASSESSOR:
The property owner may, as a result of the decision rendered by the staff, request a change in the
valuation of the property by the Snohomish County Assessor’s Office.
VI.PARTIES OF RECORD:
Ahmed Askar City of Edmonds Planning Division
st
16318 71 Place West City of Edmonds Engineering Division
City of Edmonds Building Division
Edmonds WA 98026
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City of Edmonds Code Enforcement
H. Scott and Dona McEwen
st
16315 71
Place West
Edmonds WA 98026
Philip and Dorothy Sacks
nd
16238 72 Avenue West
Edmonds WA 98026
Ray Smith
th
7110 164 Street SW
Edmonds WA 98026
Bill & Sharon Williams
th
16322 70 Place West
Edmonds WA 98026
Rita Stillings and Mary Patter
PO Box 2915
Everett WA 98213
Randall Harwood
th
16228 70 Place West
Edmonds WA 98026
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VII.ATTACHMENTS:
1.
Zoning & Vicinity Map
2.
Land Use Application
3.
Letter from the Owner
4.
Site Plans
5.
Floor Plans
6.
Photos (submitted by Owner)
7.
Technical Committee Comments
8.
ADU Affidavit
9.
ADU Covenant (Draft/Sample)
10.
Edmonds Community Development Code (ECDC) Citations
Definition of Family – ECDC 21.30.010
A.
Performance Standards – ECDC 17.60
B.
Accessory Dwelling Units – ECDC 20.21
C.
11.
Public Comment Letters:
A.
H. Scott and Dona McEwen – two letters received
B.
Philip and Dorothy Sacks – two letters received
C.
Ray Smith
D.
Bill and Sharon Williams
E.
Rita Stillings and Mary Patter
F.
Randall Harwood, President of the Homeowners Architectural Control Committee
City of
Edmonds
RS-20
Zone
RS-12
Site
Zone
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City of
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Attachment 1
Ahmed Askar
AccessoryDwelling Unit (ADU)
Vicinity Map
File Number CU-2008-45
0100200Feet
16318 71st Place West (RS-12 Zone)