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StaffReport_STF-08-15.pdf PLANNING DIVISION TEMPORARY USE PERMIT – ADMINISTRATIVE STAFF DECISION TEMPORARY PROJECT SALES OFFICE AT ARBOR VILLA FileSTF-2008-15: FileSTF-2008-15: Application by Mark J. Johnson to use an existing multiple-residential dwelling unit as a temporary th project sales office. The temporary project sales office is proposed at 7501 212 Street SW (unit A-4) in the Multiple Residential (RM-2.4) zone. PropertyOwner/Applicant:SiteLocation: PropertyOwner/Applicant:SiteLocation: th Mark J. Johnson 7501 212 Street SW (unit A-4) in the Multiple Pacific NW Property Management Residential (RM-2.4) zone. PO Box 1044 Edmonds WA 98020 ProjectProposal: ProjectProposal: The applicant is requesting a Temporary Use Permit to use an existing dwelling unit at the Arbor Villa Condominium site as a Site Site temporary project sales office. The office would be used by the owner and his (approximately two) employees as a sales office for the remaining Arbor Villa dwelling units. The proposed use of the office is to aid in the sale of the on-site condominium units. Permanent offices are a conditional use in the RM zones, however no conditional use permits have been applied for at this site so the sales office would need to be eventually converted back to a dwelling unit (unless a conditional use permit is applied for and obtained) as required by ECDC 17.70.005.B. ReviewProcess: ReviewProcess: This permit is processed as a Temporary Use Permit (staff decision) pursuant to ECDC 20.95.040 (Staff Decision – No Notice Required). Staff Report for STF-2008-15 Temporary Project Sales Office at Arbor Villa Page 2 of 3 MajorIssues: MajorIssues: Compliance with ECDC Section 16.30 (Multiple Residential Development Standards). Compliance with ECDC Section 17.70 (Temporary Uses). Compliance with ECDC Section 20.95.040 (Application and Staff Review). Analysis: Analysis: A.Facts: General 1. The proposal is a request to use a dwelling unit as a temporary project sales office with no new construction; therefore, review under the State Environmental Policy Act (SEPA) is not required. Both the City and the applicant have complied with SEPA requirements. 2. The proposed Temporary Use Permit has been reviewed and evaluated by the City’s Fire Department, Engineering Division, Parks and Recreation Department, the Public Works Department, and the Building Division. No conditions were requested or pertinent comments made by the reviewing bodies. ECDC 16.30 – Multiple Residential 3. This property is located in the Multiple Residential (RM-2.4) zone. No exterior or interior changes are proposed with this temporary use permit. 4. ECDC 16.30.000.B states that the intent of the RM zone is “to provide for those additional uses which compliment and are compatible with multiple residential uses.” 5. ECDC 16.30.010.C.1 states that offices are a primary use in the RM zone, however a conditional 1 use permit is first required. 6. ECDC 16.30.010.B.2 permits home occupations as a permitted secondary use in the RM zone. If the future owner of unit A-4 would like to have a home-based business, then the requirements of ECDC 20.20 (Home Occupations) apply. ECDC 17.70 – Temporary Uses 7. ECDC 17.70.005.A defines a project sales office as a, “space within an otherwise permitted building used temporarily to support the sale of multifamily or condominium units.” 8. ECDC 17.70.005.B provides conditions for approval, noting that “A project sales office or sales model is only permitted to occur on the property containing the project or unit(s) being offered for sale. The sales office of sales model shall be discontinued and removed prior to occupancy of the last available unit for sale on the property.” 9. Temporary use permits are reviewed as a staff decision, and no notice is required. 1 If the applicant would like to eventually keep unit A-4 as an office in the RM zone, then a conditional use permit must be applied for and obtained. ECDC 20.05 lists the criteria for approval of conditional use permits, and emphasizes that the proposed use must not be detrimental. Staff Report for STF-2008-15 Temporary Project Sales Office at Arbor Villa Page 3 of 3 ECDC 20.95.040 – Staff Decision (No Notice Required) 10. Staff decisions allow staff to approve, conditionally approve, or deny the application based on the 1 staff report. The decision shall be in writing and is appealable to the Hearing Examiner. 11. No notice was required, and no notice was provided; no public comments have been received. B.Conclusions: 1. The proposal is consistent with the intent of the Multiple Residential chapter (ECDC 16.30). 2. The proposal, as stated and conditioned, is consistent with the requirements of the Temporary Use chapter for project sales offices (ECDC 17.70.005). 3. The requirements of ECDC 20.95.040 (Staff Decision – No Notice Required) have been satisfied. Staff finds that the request should be approved, with conditions, based on the contents of the staff report and its attachment. Decision: Decision Based on the facts, conclusions, and attachment to this report, staff finds that the application for a Temporary Use Permit for a project sales office at Arbor Villa Condominiums (file number STF-2008-15) APPROVED with the following condition: is 1. The sales office shall be discontinued and removed prior to occupancy of the last unit available for sale on the property. Attachment: Attachment: 1. Land Use Application I have reviewed the application for compliance with the Edmonds Community Development Code. ______________________________________________________________________________ Gina Coccia, Associate Planner – Planning Division Date 1 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 Division for further procedural information. Request for Reconsideration – Section 20.95.040.C allows staff to reconsider their decision if a written request is filed within fourteen (14) working days of the date of the posting of the decision. Appeals – Section 20.95.040.C describes that appeals of a staff decision are reviewed by the Hearing Examiner. Appeals 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 Community Development Director within fourteen (14) calendar days after the date of the decision being appealed, pursuant to ECDC 20.105.030 (appeal of a staff decision).