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StaffReport_CU-2006-65.pdf CE ITY OF DMONDS th 121 5 Avenue North • Edmonds, WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us DSD: PD EVELOPMENT ERVICES EPARTMENTLANNINGIVISION GHP UESTOUSEERMIT FILE NUMBER: CU-2006-0065 (PLN200600065) Fred & Patricia Peterson APPLICANT: 926 Olympic Avenue PROPERTY LOCATION: Guest House Permit (Administrative Conditional Use Permit) PROJECT DESCRIPTION: A. A. Introduction: Introduction: The applicant is proposing to construct a guest house on their property located at 926 Olympic Avenue in the Single-Family Residential (RS-12) zone (Attachment 1). The lot is 22,651 square feet in area and the existing single family home and garage approximately 2,590 square feet in footprint. The new guest house and garage footprint is proposed to be 1,872 square feet in area (1,296 square foot guest house with a 576 square foot attached garage). The maximum lot coverage of buildings and structures in any single-family zone is 35 percent of the total lot area. This proposal would increase the existing lot coverage to approximately 19 percent lot coverage, which remains well under the maximum figure permitted. The applicant has stated that the proposal will comply with the guest house criteria and all of the development standards for the zone. They have stated that there will be no kitchen facilities, that the guest house will be used primarily for sleeping quarters, and that it will not be rented (Attachment 3). In addition, the project will remain under the 15-foot height limit for accessory buildings and meet the setbacks required by the underlying zoning. B. B. Analysis: Analysis: 1.Facts: a. This lot is located in the Single-Family Residential (RS-12) zone. b. Guest houses are allowed in Single-Family Residential zones with a Conditional Use Permit by section 16.20.010.D.2 of the Edmonds Community Development Code (ECDC). c. Guest houses are defined in ECDC 21.35.030 as follows: Guest house means a detached structure with not more than two bedrooms, accessory to a single-family dwelling, having no kitchen facilities, used primarily for sleeping quarters, not occupied by paying tenants, and located on a lot of at least 20,000 square feet in area. d. The following paragraphs address how the proposal meets the definition of guest house. 1.A guest house shall be a detached structure: The proposed guest house will be detached from the existing single-family residence. 2.A guest house shall have no more than two bedrooms: No floor plans have been submitted at this time. In order to meet the definition of a guest house, the guest house will not be permitted to have more than two bedrooms. A condition of approval for the guest house will be that it shall not have more than two bedrooms. Staff Report for CU-2006-0065 Peterson Guest House Page 2 of 4 3.A guest house shall be accessory to a single-family dwelling: An accessory use is defined in ECDC 21.05.020 as follows: “Accessory use means a use incidental and subordinate to the use of the main building on the same lot.” The proposed guest house is much smaller in area than the primary use, the existing single-family residence. The proposed footprint of the guest house/garage is 1,872 square feet, while the existing house/garage is 2,590 square feet. Also, based on the height calculations provided (Attachment 4), it appears that the proposed guest house would be only be 8.13 feet above average original grade, which is well under the maximum 15-foot height limit permitted for accessory structures. 4.A guest house shall have no kitchen facilities: Again, no floor plans have been submitted at this time. In order to meet the definition of a guest house, no kitchen facilities will be permitted, and the applicant has stated that there will be no kitchen facilities (Attachment 3). A condition of approval for the guest house will be that it shall not have kitchen facilities. 5.The guest house shall be used primarily for sleeping quarters: The applicant has stated that the guest house will be used primarily for sleeping quarters (Attachment 3). With the building permit application, the floor plans will be reviewed to insure that the guest house is used primarily for sleeping quarters. 6.The guest house shall not be occupied by paying tenants: This condition means that the guest house cannot be rented out on a short-term (such as a bed and breakfast) or a long-term basis. The applicant has stated their intent to comply (Attachment 3), and compliance will be a condition of the permit. 7.A guest house can only be located on a lot with at least 20,000 square feet in area: The subject site has approximately 22,651 square feet and complies with this requirement. e. One comment letter has been received (Attachment 5) and is discussed in Section D of this report. f. The proposed guest house will have an attached garage of approximately 576 square feet. g. ECDC 16.20.010.B.6.d permits parking for up to five cars as a secondary use, and the total parking for the site (between the two garages) does not exceed five cars. 2.Conclusions: a. With the proposed conditions, the project meets the definition of a guest house. b. A building permit for the proposed guest house will need to be approved prior to construction. C. C. TechnicalReview: TechnicalReview: The Engineering Division, Building Division, Fire Department, Public Works Department, and the Parks & Recreation Department have reviewed this application and they have noted that the applicant will be required to meet all building permit requirements. The Engineering Division noted that detention may be required with the building permit, and the Building Division noted that the applicant would need to apply for and obtain all applicable building permits. The Fire Department noted that verification and possible upgrading of the nearest fire hydrant to code specifications might be required. Staff Report for CU-2006-0065 Peterson Guest House Page 3 of 4 D. D. PublicComments: PublicComments: The City has received one comment letter for this project (Attachment 5). The letter is from Mr. George Marker, who is opposed to the proposed new guest house. Mr. Marker is concerned with (first) the condition of the existing driveway and access to the property and (second) feels that the property should remain single-family in nature. In response to his concern about the condition of the existing driveway, this is a private road and not a public street, so the City cannot require a maintenance agreement or upgrades to the road. Staff has not found a maintenance agreement for the existing road. The owners of the driveway easement (the first narrow portion) and driveway tract (the second portion) are responsible for maintaining the condition of the road. It appears there is no legal responsibility for the applicant to upgrade the conditions of the road; though, it would be fair if they repaired any damage caused by construction vehicles. However, all of the owners of the access road are presumed to be responsible for repairing general wear and tear of their road. In response to his concern about the single-family zone, there are no plans to change the zoning of this property. A guest house is a permitted secondary use in any single-family zone, provided it receives approval through the Conditional Use Permit process and meets the definition of a guest house. The associated new garage is a permitted secondary use in any residential zone, provided that on-site parking does not exceed five cars total. The definition of “family” is stated in ECDC 21.30.010.A and further calculation of family units is described in ECDC 21.30.010.D. The property will remain single-family in nature. E. E. Decision: Decision Based on the facts, conclusions, and attachments to this report, staff finds this Conditional Use APPROVED Permit for a Guest House with the following conditions: 1. The applicant must obtain a building permit for the proposed guest house and individual elements of this project are required to meet all applicable city codes. 2. The guest house shall have no more than two bedrooms. 3. The guest house shall not have kitchen facilities. 4. The guest house shall be used primarily for sleeping quarters. 5. The guest house may not be rented out on a short-term or long-term basis. 6. This permit shall expire automatically if any of the following issues arise: a. Kitchen facilities are added to the guest house; b. The guest house is occupied by paying tenants; c. The building in any other way fails to meet the definition of a guest house. 7. The Guest House permit is transferable to new owners of the subject property unless there is a violation of any conditions of approval listed above. 8. The applicant should repair any damage caused to the private road by their construction equipment. Staff Report for CU-2006-0065 Peterson Guest House Page 4 of 4 F. F. Attachments: Attachments: 1. Zoning/Vicinity Map 2. Land Use Application 3. Criteria Statement 4. Site Plan 5. Comment Letter I have reviewed the application for compliance with the Edmonds Community Development Code. ______________________________________________________________________________ Gina Coccia, Planning Division Date G. G. Reconsideration&Appeals: Reconsideration&Appeals: The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. Request for Reconsideration Section 20.95.050.B.2. provides for Staff to reconsider his/her decision or recommendation if a written request for reconsideration is filed by the applicant within ten (10) working days of the date of the initial decision. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed, and include the fee. Appeals Section 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 applicant and the date of the decision, the name and address of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong, and the fee. The appeal must be filed with the Development Services Director within fourteen (14) calendar days after the date of the decision being appealed. Appeals are presented to the Hearing Examiner. Timeframes The time limits for Reconsiderations and Appeals run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time “clock” for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the staff has issued their decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example, if a reconsideration request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the staff issues their decision on the reconsideration request.