STF20100018 Approval Letter with Covenant.pdf/12c.
July 21, 2011
121 5th AVENUE NORTH m EDMONDS, WA 98020 ® (425) 771-0220 ® FAX (425) 771-0221
Website: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
Bryan and Heather York
20103 — 80'h Ave. W
Edmonds, WA 98026
RE: Reasonable Accommodation Request for Heather York
20103 — 80'b Ave. W (RS -8 zone) I File No. STF20100018
Dear Mr. and Mrs. York:
MIKE COOPER
MAYOR
You submitted a request for a reasonable accommodation for a temporary, self -standing car canopy on
your property located at 20103 — 80t" Ave. W, Edmonds. Chapter 17.05 of the Edmonds Community
Development Code (ECDC) was enacted to authorize staff, when necessary, to reasonably accommodate
the statutory rights of the disabled under the Americans with Disabilities Act, the Fair Housing Act or the
Washington Law Against Discrimination. The subject request was to retain an approximate 7.5 -foot by
18.25 -foot car canopy that has been placed between your home and your northern property line.
The subject site is zoned Single -Family Residential (RS -8). Your site plan indicates that the carport is
located 12 inches from your northern property line, while the RS -8 zone requires a side setback of 7.5 feet
in this location.
According to ECDC 17.05, the Development Services Director may vary, modify, or waive the provisions
of the Edmonds Community Development Code in order to enable reasonable accommodation as
necessary to provide for a disabled person's (or care provider to the disabled person's) full enjoyment of a
residence. In this case, the purpose of the car canopy is to allow Mrs. York to get into and out of the car
from her mobility scooter while being protected from the rain and weather. You have submitted a copy of
Mrs. York's disabilities parking card issued by Washington State. Staff has determined that retention of
the car canopy within the minimum required setback area, as proposed, is a reasonable accommodation of
the needs of Mrs. York for getting in and out of the car from her scooter.
Pursuant to Chapter 17.05, the City is willing to grant proportionate reasonable accommodation for the
car canopy subject to the acceptance of the following conditions which will be described in a covenant
recorded with the Snohomish County Auditor. These conditions include:
1. The Owner must inform all successors and assigns of the property that a reasonable
accommodation has been granted pursuant to ECDC 17.05.040 to allow for an approximate
140 square foot car canopy as depicted in Exhibits A and B for the benefit of Mrs. York.
2. The Owner must inform all successors and assigns that the car canopy is located within the
minimum required 7.5 -foot side setback from the north property line applicable to the RS -8
zone.
3. The Owner must inform the City Building Official in writing within 30 days of any change in
property ownership or when Mrs. York no longer resides at the residence.
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4. The Owner must inform all successors and assigns that the reasonable accommodation for the
car canopy as depicted in Exhibits A and B is personal to Mrs. York and does not run with
the land. If a subsequent owner is in need of such accommodation, the Owner must reapply
to the City for reasonable accommodation of the car canopy within six months after Mrs.
York is no longer in need of the accommodation or no longer resides at the residence.
5. The Owner must remove the car canopy within six months of when the structure is no longer
required for covered, accessible parking for Mrs. York. In the event that the structure is no
longer required, the Owner must obtain all required demolition permits for its removal prior
to commencing that work.
A proposed covenant is enclosed (note that the covenant is set for legal sized paper with a 3 -inch top
margin and 1 -inch side and bottom margins, and the site plan and elevation view are to be recorded with
the covenant as Exhibits A and B). If both of you agree with the conditions, you may sign it before a
notary and then record the document with the Snohomish County Auditor. Once the document is
recorded with the Auditor, please provide an endorsed copy to the City. If you would prefer for the City
to record the covenant for you for a $20 processing fee, you may submit the completed covenant to me
together with a total fee due of $84 (comprised of the city's $20 processing fee plus the County's
recording fee of $62 for the first page and $1 each for the second and third pages). Please note that Code
Enforcement cannot consider the request for code enforcement against your property closed until this
covenant is recorded with Snohomish County.
Pursuant to ECDC 17.05.050, persons within 300 feet of the site may appeal this reasonable
accommodation by filing a petition for review with Snohomish County Superior Court within 10 days of
the date of mailing of the written notice of decision. A written notice of decision will be mailed to these
parties today. Please be advised that if an appeal is timely filed and granted, there is the possibility that
the car canopy would need to be removed.
If you have any questions, please feel free to contact me at (425) 771-0220, or via email at
machuga@ci.edmonds.wa.us.
Sincerely,
Jen Machuga
Associate Planner
Enclosures: Covenant and Exhibits A and B
Neighborhood Notice of Decision
Z:1
Page 2 of 2
Return Recorded Instrument To:
City of Edmonds Development Services Department - Planning Division
121 5`h Avenue North, Edmonds WA 98020
Property Address: 20103-80"' Ave. W, Edmonds, Washington
Assessor's Parcel Number: 27041900109800
Legal Description: SEC 19 TWP 27 RGE 04 RT -103) W 15OFT OF S 75FT OF N 381FT OF SE114 NEl14
Owners/Grantors: Bryan and Heather York
Grantee:
Reference Number:
WHEREAS, the undersigned owner of property located at 20103 — 80`h Ave. W. Edmonds, Washington legally described
herein, has applied for a reasonable accommodation from the strict requirements of the Edmonds Community
Development Code (ECDC) pursuant to Chapter 17.05; and
WHEREAS, the City ofEdmonds requires as a condition of the issuance of land use and construction permits that this
covenant be signed, acknowledged, and recorded in the records of Snohomish County;
NOW, THEREFORE, the owner agrees as follows:
I. The Owner must inform all successors and assigns of the property that a reasonable accommodation has
been granted pursuant to ECDC 17.05.040 to allow for an approximate 140 square foot car canopy as
depicted in Exhibits A and B for the benefit of Mrs. York.
2. The Owner must inform all successors and assigns that the car canopy is located within the minimum
required 7.5 -foot side setback from the north property line applicable to the RS -8 zone.
3. The Owner must inform the City Building Official in writing within 30 days of any change in property
ownership or when Mrs. York no longer resides at the residence.
4. The Owner must inform all successors and assigns that the reasonable accommodation for the car canopy
as depicted in Exhibits A and B is personal to Mrs. York and does not run with the land. If a subsequent
owner is in need of such accommodation, the Owner must reapply to the City for reasonable
accommodation of the car canopy within six months after Mrs. York is no longer in need of the
accommodation or no longer resides at the residence.
5. The Owner must remove the car canopy within six months of when the structure is no longer required for
covered, accessible parking for Mrs. York. In the event that the structure is no longer required, the Owner
must obtain all required demolition permits for its removal prior to commencing that work.
OWNERS/GRANTORS: BRYAN YORK - and - HEATHER YORK
SIGNATURES:
DATED this day of , 2011
On this day personally appeared before me BRYAN AND HEATHER YORK, to me known to be the individuals
described therein and who executed the within and foregoing instrument, and acknowledged that they signed the same as
their free voluntary act and deed, for the use and purposes therein mentioned.
Dated:
Signature of Notary Public:
My Commission Expires:
— THIS DOCUMENT MUST BE RECORDED WITH THE SNOHOMISH COUNTY AUDITOR --
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July 21, 2011
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Edmonds Planning Division
Notice of Decision
The City has approved a "reasonable accommodation" request on behalf of Bryan and Heather York for
their property at 20103 — 80til Ave. W in Edmonds (File STF20100018). The York's have requested an
exception from the minimum required 7.5 -foot side setback applicable to the Single -Family Residential,
RS -8, zone in order to retain an approximate 140 square foot car canopy located between the residence
and the northern property line, as depicted in the site plan printed on the back of this notice. In order to
allow the car canopy to be in the minimum required setback area, the York's are seeking reasonable
accommodation from the strict application of the Edmonds Community Development Code (ECDC).
ECDC Chapter 17.05 was enacted to authorize staff, when necessary, to reasonably accommodate the
statutory rights of the disabled under the Americans with Disabilities Act, the Fair Housing Act or the
Washington Law Against Discrimination. The purpose of the car canopy is to provide a parking space
that can be accessed from a mobility scooter while being protected from weather. As part of the approval
process, the applicant is required to file a covenant with the Snohomish County Auditor's Office that
contains specific conditions; for example, the accommodation is personal to the owner and does not run
with the land, so when the owner no longer resides at the residence or is no longer in need of the car
canopy, the car canopy shall be removed to meet the underlying zoning code requirements.
Section 17.05.020(C) of the ECDC requires public notice of a decision on a reasonable accommodation
request to be sent to all property owners within 300 feet of the subject site. Pursuant to ECDC 17.05.050,
a reasonable accommodation is not an administratively appealable decision. Interested persons — that is,
persons located within 300 feet of the building site — may appeal the reasonable accommodation by filing
a petition for review with Snohomish County Superior Court within 10 days of the date of mailing of the
written notice of decision. This letter serves as the written notice of decision.
The file (STF20100018) is available for review in the Planning Division, located on the second floor of
City Hall. If you have any questions, please contact me at your convenience.
Sincerely,
Jen Machuga
Associate Planner
Development Services Department
121 5th Avenue North, Edmonds WA 98020
machuga@ci.edmonds.wa.us 1425.771.0220
CC: STF20100018
City of Edmonds Street File
Property owners and residents within 300' of the subject site
Bryan and Heather York
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