StaffReport-Ayers_PLN20110017.pdf
CITY OF EDMONDS
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121 5Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us
DEVELOPMENT SERVICESDEPARTMENT•PLANNING DIVISION
PLANNING DIVISION ADMINISTRATIVE REVIEW
FINDINGS, CONCLUSIONS, & DECISION
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Project: Ayers Accessory Dwelling Unit (ADU) at 1225 7 Avenue South (RS-6 zone)
File Number: PLN-2011-0017
Date of Report: July 14, 2011
I have determined that the application is complete and have reviewed the
Accessory Dwelling Unit application pursuant to Chapters 16.20, 20.21, 20.01,
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20.02, and 20.03 of the Edmonds Community Development Code .
Reviewed By: ____________________________
Gina Coccia, Associate Planner
INTRODUCTION
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 downtown Edmonds. All of the properties in this
neighborhood are also zoned Single-Family Residential (RS-6). The owner is proposing to construct an
ADU basement addition within the existing home. A building permit has been concurrently submitted
for review (BLD20110486). The floor plan indicates that the unit will be 797 square feet which includes
a kitchen and living room, bathroom, and one bedroom. 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 receive building compliance permit approval (BLD20110486).
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All Edmonds Community Development Code (ECDC) citations can be accessed online at www.ci.edmonds.wa.us.
Ayers ADU
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FINDINGS AND CONCLUSIONS
1.GENERAL INFORMATION
a.Request: To create an ADU addition adjoining the basement of the existing single-family home.
b.Review Process: Accessory Dwelling Unit (ADU) administrative review “Type II” decision subject
to ECDC 20.02. Planning staff reviews the project and issues a decision.
c.Owner/Applicant: Gerrit Ayers / Tom Leren.
d.Tax Parcel Number: 00642200001500.
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e.Location: 1225 7 Avenue South, Edmonds WA 98020 (Attachment 1).
f.Zoning: Single-Family Residential (RS-6).
g.Lot Size: 8276 square feet (Attachment 3).
h.Existing Use: One single-family home.
i.Proposed Use: Existing home to remain; ADU addition adjoining the basement.
j.Shoreline Management: The site is not subject to Shorelines of the State regulations.
k.Comprehensive Plan Designation: “Single Family – Urban 1.”
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l.Access / Street: 7 Avenue South is considered a “Local Street” and provides access to the site
via an existing driveway.
2.TECHNICAL COMMITTEE
This application was reviewed by the Fire District, Building Division, Engineering Division, Parks and
Recreation Department, and the Public Works Department for compliance with various codes and
provisions. The Fire District is going to require smoke alarms in and outside of the sleeping area;
hardwired and interconnected with battery backup. The Building Division noted that a building permit
is required for the ADU/addition. The Engineering Division noted many items that will be reviewed with
the building permit. These items will be addressed during the building permit review. There are no
outstanding land use issues with this proposal (Attachment 8).
3.ZONING COMPLIANCE (ECDC 16.20)
The property is located in the single-family residential (RS-6) 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. With approval of the ADU land use permit at hand, the proposed ADU
will be consistent with the zoning ordinance.
4.APPLICATION AND STAFF REVIEW COMPLIANCE (ECDC 20.95)
This ADU application is processed pursuant to ECDC 20.02 (“Type II” staff decision with notice required).
The application was submitted to the City on 05/11/2011 and deemed complete on 06/08/2011, which
satisfies the requirements of ECDC 20.95. (Attachment 6).
5.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 are discussed below.
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a.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 applicant applied for an ADU permit on May 11, 2011 (Attachment 2) and a “complete” application
letter was mailed on June 8, 2011. A condition of approval will be that the owner receives the required
Building Compliance Permit (BLD20110486) in order to meet this criterion.
b.Number of Units: A single-family dwelling may have no more than 1 ADU per lot.
Only one ADU is proposed for this lot, therefore this criterion has been met.
c.Size: 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 ADU is proposed at 797square feetand located in a basement addition onto the existing home.
The overall size of the home (not including the garage or any patios or decks) is 2594 square feet. The
ADU will exist in approximately 30% of the home. It will be located completely on one floor and will not
have more than two bedrooms (Attachment 5). The application meets the size criteria.
d.Location and Appearance: The 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.
The proposed ADU will maintain the single-family appearance and character of the residence. The ADU
is proposed as a basement addition attached to the existing single-family dwelling unit. The design is
intended to blend the new addition with the existing house through use of the same colors and
materials as the existing structure. The entrance for the ADU is taken off the northeast side of the
house, which is the back of the house. A condition of approval will address the requirement of having
only one mail box, water meter, and electric meter.
e.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 driveway scales to 32 feet wide and 21 feet deep and will accommodate three vehicles. Based on
the plans submitted, the Engineering Division has found that the property can accommodate at least
three parking spaces. With room shown for at least three parking spaces, the ADU application meets
the parking criteria (Attachment 3).
f.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
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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 9) stating that he will reside in the
primary or accessory dwelling unit for more than six months of every year. An “ADU Covenant”
(Attachment 10) 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 and will disclose the ADU to
future owners and notify them of the conditions of approval.
g.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 during the building permit process. After the building permit is issued
and the addition is completed, 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. These items
have been addressed as conditions of approval for the ADU permit. Therefore, this criterion has been
met.
The proposal, with conditions, is compliant with the ADU criteria.
6.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 permit approval. Once the applicant obtains a building permit for the
work proposed, the Building Division will review the proposal for compliance with the various building
codes, including ECDC Title 19.
7.PUBLIC COMMENTS
Two public comments were received prior to the close of the public comment period (Attachment 7).
a.Bud Searle – On June 10, Mr. Searle emailed public comments on this application urging staff to
approve this application because ADUs can fulfill the need for unique housing as well as possible
income for property owners.
The ADU chapter (ECDC 20.21) indeed states that one of its purposes is to provide the opportunity for
homeowners to gain the extra income necessary to help meet the rising costs of home ownership as
well as providing increased security and companionship for homeowners.
b.Bill Moran– On June 20, staff received a public comment letter from Mr. Moran. He expressed his
concerns and requested that staff reject the application. He feels that the application is contrary to
the single-family zoning designation and argues that it is equipped as a rental house. He feels that
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the ADU could have been designed to fit within the footprint of the existing home, specifically, that
the garage could have been converted into a bedroom and kitchen.
The City’s zoning code (ECDC 16.20.010.D.4) allows ADUs as secondary uses in all single family zones,
provided that the application meets the ADU criteria and a conditional use permit is applied for and
issued. One purpose in the ADU chapter is for home owners to be able to rent out either the ADU or
the main unit (but not both) in order to earn additional income. If the development standards are being
met, which they are (setbacks, height limit, lot coverage, etc.) then there is nothing in the code to
prevent a home owner from doing an addition to their property.
After careful review of the comments provided above, a decision will be issued.
DECISION
Based on the Findings of Fact, Conclusions, and Attachments to this report, the following decision is
issued by the City of Edmonds Planning Division. The Accessory Dwelling Unit as proposed is
APPROVED with the following conditions:
1.A building permit must first 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, Engineering Division, and Fire Marshal will
be addressed during review of the building permit. See ECDC 20.05.010(C) and finding 5a of this
report for more information.
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 approval 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.A single-family dwelling may have no more than one Accessory Dwelling Unit per lot.
4.An Accessory Dwelling Unit Covenant must be filed with the Snohomish County Auditor. Prior to
occupancy of the ADU, the owner must either:
a.Provide the signed and notarized covenant City processing fee of $20 plus the County recording
fee (currently $62) in order to allow the City to record the covenant for you; -- OR --
b.Take the signed and notarized covenant to the County Auditor’s Office and record it for the
County’s recording fee ($62). Then, return a copy of the recorded covenant to the Edmonds
Planning Division (complete with the Auditor’s recording sticker).
5.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.
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6.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).
7.Per the Fire Marshal, “Smoke alarms indicated and required by IFC 907.2.11.2.”
APPEALS AND RECONSIDERATIONS:
Any person wishing to file or respond to an appeal should immediately contact the Planning Division at
425.771.0220 for procedural information.
LAPSE OF APPROVAL:
ADUs are processed as administrative conditional use permits as staff decisions, and ECDC 20.05.020(C)
states, “Unless the owner obtains a building permit… within one year from the date of approval, the
conditional use permit shall expire and be null and void, unless the owner files an application for an
extension of time before the expiration date.”
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.
PARTIES OF RECORD:
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1.Owner: Gerrit Ayers – 1225 7 Avenue South, Edmonds WA 98020.
2.Applicant: Tom Leren, The Leren Co, Inc. – PO Box 12863, Mill Creek WA 98082.
3.Bud Searle – 642 Elm Street, Edmonds WA 98020.
4.Bill Moran – 712 Elm Place West, Edmonds WA 98020.
ATTACHMENTS:
1.Zoning Map
2.Land Use Application & Project Description
3.Site Plan
4.Elevations
5.Floor Plans
6.Public Notice
7.Public Comments
8.Department Memos
9.ADU Affidavit
10.ADU Covenant
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