STF20100022 Approval Letter with Covenant.pdf11y c 1-11,12,911
October 19, 2011
121 5th AVENUE NORTH ® EDMONDS, WA 98020 • (425) 771-0220 m FAX (425) 771-0221
Website: www.d.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
Dan and Jackie Dean
8511-218 th St. SW
Edmonds, WA 98026
RE: Reasonable Accommodation Request for Jackie Dean
8511 — 218th St. SW (RS -8 zone) I File Nos. STF20100022 and BLD20100561
Dear Mr. and Mrs. Dean:
MIKE COOPER
MAYOR
You submitted a building permit application (BLD20100561) requesting a reasonable accommodation for the
property located at 8511 — 218th Street Southwest for construction of a garage. 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 construct a garage in order to
provide Mrs. Dean with a covered place to get in and out of the car.
The subject site is zoned Single -Family Residential (RS -8). The garage is proposed to comply with the
minimum required setbacks and maximum allowed height applicable to the RS -8 zone; however, construction
of the garage will cause the lot coverage for the site to be 39.8%, which exceeds the maximum allowed
coverage of 35% applicable to the RS -8 zone. Currently, the lot coverage for the site is only 75 square feet
below the maximum allowed lot coverage, so construction of even a single -car garage would cause the lot
coverage of the site to exceed 35%. The proposed 570 square foot garage will provide sufficient space for a
car and an accessible van if necessary.
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 garage is to allow Mrs. Dean with a covered place to get in and out of her vehicle.
You submitted a letter from Mrs. Dean's doctor, James Bowen, MD, dated January 18, 2011 addressing Mrs.
Dean's need for a covered parking area. Staff has determined that the garage, as proposed, is a reasonable
accommodation of the access needs of Mrs. Dean.
Pursuant to Chapter 17.05, the City is willing to grant proportionate reasonable accommodation for the
proposed garage 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 17.65.040 to allow the construction of a
garage as depicted in Exhibit A for the benefit of Mrs. Jackie Dean.
2. The Owner must inform all successors and assigns that the presence of the garage causes the site
to exceed the maximum allowed lot coverage of 35 percent 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. Jackie Dean no longer resides at the residence.
4. The Owner must inform all successors and assigns that the reasonable accommodation for the
garage as depicted in Exhibit A is personal to Mrs. Jackie Dean and does not run with the land.
Incorporated ArAa j ur>t :i d , 1890
Sister City - Hekinan, Japan
5. The Owner must remove the garage and/or a combination of other existing structures to the point
that the lot coverage for the site is below 35 percent within six months of when the garage is no
longer required for the benefit of Mrs. Jackie Dean. In the event that the garage is no longer
required, the Owner must obtain all required demolition permits for its removal (or removal of
other structures) prior to commencing that work.
6. The Owner must obtain a complete building permit for the garage in accordance with all
construction codes and ordinances in effect on the date of the application for the building permit.
Any and all deficiencies noted during inspection of the garage must be corrected within 60 days
of notification.
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 is to be recorded with the covenant as Exhibit A). This
covenant must be agreed to and signed by the property owner. The Snohomish County Assessor's website has
Dustin Ruffner listed as the owner of this property. If that is incorrect, please provide sufficient documentation
of the ownership of the property. If Mr. Ruffner is the sole owner, he will need to agree to the conditions of
the covenant, sign the covenant 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.
After we receive an endorsed copy of the covenant, the Planning Division will be able to complete our portion
of the review of your building permit application for the garage (BLD20100561). Please note, however, that
although the Planning Division has approved the requested reasonable accommodation, this does not address
any additional requirements of the Engineering or Building Divisions. All applicable Engineering Division
and Building Division requirements must be met before the building permit for the garage can be issued.
Please refer to the enclosed comments from Jennifer Lambert, Engineering Technician, dated October 18,
2011. These comments must be addressed before the building permit for the garage can be issued. As such,
you may wish to address these comments and make sure that your proposal will comply with all applicable
engineering requirements prior to getting the enclosed covenant recorded with Snohomish County.
If you would prefer for the City to record the covenant on your behalf for a $20 processing fee, you may
submit the completed covenant to the Development Services Department as part of the building permit
application (BLD20100561). The City will add the $20 processing fee as well as the County's $63 recording
fee ($62 for the first page and $1 for the second page) to the fees due for the building permit.
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.
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,
01,
Jeri Machuga
Associate Planner
Cc: File No. STF20100022
Dustin Ruffner
8511 — 218, St. SW
Edmonds, WA 98026
Enclosures: Comments from Jennifer Lambert, dated 10/18/11
Reasonable Accommodation Covenant and Exhibit A
Page 2 of 2
City of Edmonds
121 5TH AVENUE NORTH EDMONDS,
PUBLIC WORK DEPARTMENT
wool, Plannine, - Building ® Engineering
WA 98020 - (425) 771-0220 FAX(425) 771-0221
Website: www.ci.edawnds,wa,us
Permit Application #: BLD20100561 Date: October 18. 2011
Project Name/Address: Dean — 8511-218t' St SW
Contact Person/Address, Fax or E-mail: Shannon
Reviewer: JENNIFER LAMBERT Division: ENGINEERING
During review of the subject submittal, it was found that the following information, corrections, or
clarifications would need to be addressed. All Handouts referred to in these comments can be accessed at
our website: www.. ci.ledrnonds.waais' under City Government / Development Services Department
Engineering Division then scroll down to Handouts:
I't Review — 8/24/10
2nd Review — 10/14/11
1) There must be access to the detention system (cleanout is too small).
a. Please show a type 11 catch basin at each end of the detention pipe.
b. If the installation of the cacth basins change how the surface water runoff is being collected,
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please revise the plans to show how all runoff will be collected.
2) The storm system outfall pipe (from the detention system to the city system) cannot be approved as
shown on the plans.
a. Any run of the storm pipe within the city ROW shall be 12".
b. 12" storm pipe shall run from a catch basin on the north side of 218th and connect to a catch
basin on the south side of 218th. Revise plans to show installation of additional catch basins as
needed.
c. Show connection of private storm system outfall to the catch basin on the north side of 218th St
Sw.
3) Please show the existing water service line from the house to the meter.
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4) Please show the existing side sewer from the house to the main.
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5) Please add a note that all disturbed soils will be compost amended (see attached handout E72Q.
DATE E-MAILED 10/18/2011 PAGE(l)
City ®f Edmonds
121 5TH AVENUE NORTH EDMONDS,
PUBLIC WORK DEPARTMENT
Planning - Building - Engineering
WA 98020 - (425) 771-0220 FAX(425) 771-0221
Website:
Please resubmit 3 copies of the revised traffic control plans and associated documents with a written
response to each item to an Engineering Technician. Please contact me at 425-771-0220 ext 1321 or by e-
mail at jljnniferjaniL)e�r if you have specific questions regarding these plan
corrections.
DATE E-MAILED 10/18/2011 PAGE(l)
Return Recorded Instrument To:
City of Edmonds Development Services Department - Planning Division
1215"' Avenue North. Edmonds WA 98020
Property Address: 8511-218`s St. SW, Edmonds Washington
Assessor's Parcel Number: 00408800000502 and 00408800000503
CHERRY LANE BLK 000 D-02. LAND & ALLOWD BLDGS FOR SIC EX ON FDP - ELY
70FT OF LOTS 5 & 6. REFER TO 004088-000-005-03 FOR REMAINDER.
Legal Description: Section 30 Township 27 Range 04 Quarter NW Plat CHERRY LANE BLK 000 D-03. BLDG
ONLY ACCT. ELY 70FT LOTS 5 & 6 LESS LAND & ALLOWD BLDGS FOR S/C EX ON
004088-000-005-02.
Owners/Grantors: Dustin Ruffner
Grantee: City of Edmonds
Reference Numbers: STF20100022 and BLD20100561
WHF,REAS, the undersigned owner ofproperty located at 8511 —218`h St. SW, 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 of Edmonds 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:
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 the construction of a garage as depicted in Exhibit A for the
benefit of Mrs. Jackie Dean.
2. The Owner must inform all successors and assigns that presence of the garage causes the site to exceed the
maximum allowed 35% lot coverage 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. Jackie Dean no longer resides at the residence.
4. The Owner must inform all successors and assigns that the reasonable accommodation for the garage as
depicted in Exhibit A is personal to Mrs. Jackie Dean and does not run with the land.
5. The Owner must remove the garage and/or a combination of other existing structures to the point that the lot
coverage for the site does not exceed 35% within six months of when the garage is no longer required for the
benefit of Mrs. Jackie Dean. In the event that the garage is no longer required, the Owner must obtain all
required demolition permits for its removal (or removal of other structures) prior to commencing that work.
6. The Owner must obtain a complete building permit for the garage in accordance with all construction codes and
ordinances in effect on the date of the application for the building permit. Any and all deficiencies noted
during inspection of the garage must be corrected within 60 days of notification.
OWNER/GRANTOR: DUSTIN RUFFNER
SIGNATURE:
DATED this day of , 2011
On this day personally appeared before me DUSTIN RUFFNER, to me known to be the individual 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 --
Exhibit A
PROJECT DATA:
PROPERTY LINE
o
OWNER: DAN DEAN
S'REAR SET
K—
ADDRESS: 8511 218TH ST SW EDMONDS,
EXISTING BUILDING m
WA 98026
7'-6"
PHONE: 425-775-2308
SIDE
SITE ADDRESS & PHONE ARE THE SAME
24'
19'-I I"
SETBACK
PARCEL ID No. 004408800000502
GARAGE
2'
PARCEL LEGAL DESCRIPTION:
D-02. LAND &
ADDITION
PAVED
CHERRY LANE BILK 000
ALLOWD BLDGS FOR S/C EX ON FDP -
4'DRIVEWAY
YRI970
ELY 70FT OF LOTS 5 & 6. REFER TO
�yv
I
004088-000-005-03 FOR REMAINDER.
cr
15'-9"
29'
(
ZONING: RS -8
Qoo �y
//
24'X24'
CRITICAL AREAS DETERMINATION
��(
5
I
PAVED AREA
COMPLETED 1995
c
`SST.
YR1995
PROJECT DESCRIPTION: CONSTRUCT
11OP
PART
L
570 SF GARAGE ADDITION
HOUSE
Z
6'
I
EXIST. PORCH
>-CONSTRUCTION
AREAS:
I.-
EXISTING LIVING AREA = 2358 SF IST FL.,
TEXIST.
2ND
EL
600 SF 2ND FL.
19'-
FLOOR DECK
I I
(�
�.
EXISTING DECK AREA = 117 SQ. FT.
CARPORT ADDITION = 570 SQ. FT.
o
4'6'-10"
EXISTING
2ND F OOR
43'
3°
LOT COVERAGE:
7'-&1
LOT AREA = 10,500 SQ. FT.
SIDE
2652 SF EXISTING HOME + 852 SF
23'_
SETBACK EXISTING IST FLOOR
OUTBUILDING =3CCC SF TOTAL
IEXISTING
EXISTING STRUCTURES 4-?Gs.P. sl.ec(
NAT. GAS
PROPOSED 570 SF GARAGE ADDITION MAKES
METER
C +100.8' D +100.3'
Y170 SF COVERAGE. PROPOSED PERCENT
—
COVERAGE = WS% (MAX ALLOW. = 35%)
55'-9"
PR SED S Y9$ SF OVER ALLOWABLE:
ED
PAVED
PAVED DRIVEW Y YR1960
10�-3"
25'
HEIGHT CALCULATIONS:
32'
YR2
FRONT
A= +101.2'
SANIT Ry
SETBAC
B= +101.0'
SE ER
C= +100.8'
D= +100.3'
AVG. GRADE _ +,100.8'
70' PROPERTY LINE MANHOLE COVER =
MAX. ELEV. ALLOWED = +125.8'
218TH ST SW DATUM PT. +100'
ACTUAL MAX. = +122.4.' (AT EXIST. 2ND
I7LQ� P_�
FLOOR HOUSE ROOF --ADDITION IS LOWER)
LOT SLOPE = 0%
GRADING: GRADING/EXCAVATION DOES NOT
EXCEED 50 YARDS.
Edmonds Planning Division
Notice of Decisioll
`4c. 199"
October 19, 2011
The City has approved a "reasonable accommodation" request from Dan and Jackie Dean for the property
where they reside located at 20 103 ) — 80t" Ave. W in Edmonds, which is owned by Dustin Ruffner (File
No. STF20100022). The Deans have requested an exception from the maximum allowed 35 percent lot
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coverage requirement applicable to the Single -Family Residential, RS -8, zone in order to construct a
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garage, as depleted in the site plan printed on the back of this notice. In order to allow the garage to cause
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the lot coverage for the site to exceed the maximum allowed coverage of 35 percent, the Deans 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 na garage is to provide a parking area that can
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be accessed from a mobility scooter while being protected from weather. As part of the approval process,
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the applicant is required to file a covenant with the Snohomish County Auditor's Office that contains
specific Cr
peel ic conditions; for example, the accommodation is personal to the individual needing the
accommodation and does not run with the land, so when the individual needing the accommodation no
Ion-er resides at the residence or is no longer in need of the covered parking area, the owner must remove
the garage and/or a combination of other existing structures to the point that the lot coverage for the site is
reduced to meet the underlying g zoning code requirements.
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Section 17.05.020(0) of the ECDC requires public notice of a decision on a reasonable accommodation
request to be sent to all property owners within 300 00 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
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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 (STF20100022) is available for review in the Planning Division, located on the second floor of
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City Hall. If you have any questions, please contact me at your convenience.
Sincerely,
Jeri Machuga
Associate Planner
Development Services Department
121 5"' Avenue North, Edmonds WA 98020
machuga@ci.edmonds.wa.us 1425.771.0220
CC: STF20100022
City of Edmonds Street File
Dan and Jackie Dean
Dustin Ruffner
Property owners within 300' of the subject site
City of Edmonds Planning Division
»s' 70' PROPERTY LINE
. �z4EXISTING BUILDING
GARAGEK 2'
�
EXIST. 2ND "
)
FLOOR DECK � K
|
awm
52'
PROJECT DATA:
SANITARY
SEWER
25'
FRONT
SETBAC
NOTE: OWNER HAS APPLIED FOR REASONABLE ACCOMOD4T|ON PER
ECO[ 17.05 IN ORDER TO OBTAIN RELIEF FROM LOT COVERAGE
RESTRICTION, IMPERVIOUS SURFACE LIMITATIONS, AMD8TO
MANAGEMENT REQUIREMENTS. In 5�
PROJECT DESCRIPTION: CONSTRUCT
570SFGARAGE ADDITION
CONSTRUCTION AREAS:
EXISTING LIVING AREA = 2558 SF IST FL..
600 SF 2ND FL.
EXISTING DECK AREA = 117 3Q. FT.
CARPORT ADDITION = 570 SQ. FT.
LOT COVERAGE:
LOT AREA = 10,500 SO. FT.
2652 SF EXISTING HOME+ 852 3F
EXISTING OUTBUILDING =3GCo SF TOTAL
EXISTING STRUCTURES.`f9�s��~��
PROPOSED 570 3F GARAGE ADDITION MAKES
Y 1'705F COVERAGE. PROPOSED PERCENT
COVERAGE = (MAX ALLOW. = 3596)
PR_Q.E�SED IS q?_55F OVER ALLOWABLE.
HEIGHT CALCULATIONS:
/\='+0|.2'
B= +0iO'
C= +0O.8'
O= +100.5' �
AVG. GRADE =+|DO.8'
MAX. ELEV. ALLOWED =+|25.8. '
ACTUAL MAX. = f122.4' (4T EXIST. 2ND
FLOOR HOUSE ROOF --ADDITION IS LOWER)
LOT SLOPE =O% ,
GRADING: GRADING/EXCAVATION DOES NOT
EXCEED 50 YARDS.
DRAINAGE:
IMPERVIOUS AREAS — NO NEW IMPERVIOUS
SURFACE (CARPORT COVERS EXISTING
PAVEMENT). DOWNSPOUTS TO EMPTY ONTO
SPLASH -BLOCKS OR PAVEMENT.
�MER� DAN DEAN
OWNER:P4RCEL
ADDRESS: 8511 2|8TH5TSVV EDMONDS. �
R
WA 98026
PHONE: �25-775-25O8
SIDE SITE ADDRESS 0 PHONE ARE THE SAME
SETBACK |D NO. 00408800000502
PARCEL LEGAL DESCRIPTION:
PAVED CHERRY LANE BILK 080 O-02. LAND4' DRIVEWAy �
4LLOVVDBLDGS FOR S/CEX ON FDP -
ELY 70FT OF LOTS 5 & 6. REFER TO
/
004088-000-005-03 FOR REMAINDER.
t
ZONING: RS -8
CRITICAL AREAS DETERMINATION
24'X2� '
COMPLETEO1995
AREA
� -,",.-PAVED
mm
vn|gu�
SANITARY
SEWER
25'
FRONT
SETBAC
NOTE: OWNER HAS APPLIED FOR REASONABLE ACCOMOD4T|ON PER
ECO[ 17.05 IN ORDER TO OBTAIN RELIEF FROM LOT COVERAGE
RESTRICTION, IMPERVIOUS SURFACE LIMITATIONS, AMD8TO
MANAGEMENT REQUIREMENTS. In 5�
PROJECT DESCRIPTION: CONSTRUCT
570SFGARAGE ADDITION
CONSTRUCTION AREAS:
EXISTING LIVING AREA = 2558 SF IST FL..
600 SF 2ND FL.
EXISTING DECK AREA = 117 3Q. FT.
CARPORT ADDITION = 570 SQ. FT.
LOT COVERAGE:
LOT AREA = 10,500 SO. FT.
2652 SF EXISTING HOME+ 852 3F
EXISTING OUTBUILDING =3GCo SF TOTAL
EXISTING STRUCTURES.`f9�s��~��
PROPOSED 570 3F GARAGE ADDITION MAKES
Y 1'705F COVERAGE. PROPOSED PERCENT
COVERAGE = (MAX ALLOW. = 3596)
PR_Q.E�SED IS q?_55F OVER ALLOWABLE.
HEIGHT CALCULATIONS:
/\='+0|.2'
B= +0iO'
C= +0O.8'
O= +100.5' �
AVG. GRADE =+|DO.8'
MAX. ELEV. ALLOWED =+|25.8. '
ACTUAL MAX. = f122.4' (4T EXIST. 2ND
FLOOR HOUSE ROOF --ADDITION IS LOWER)
LOT SLOPE =O% ,
GRADING: GRADING/EXCAVATION DOES NOT
EXCEED 50 YARDS.
DRAINAGE:
IMPERVIOUS AREAS — NO NEW IMPERVIOUS
SURFACE (CARPORT COVERS EXISTING
PAVEMENT). DOWNSPOUTS TO EMPTY ONTO
SPLASH -BLOCKS OR PAVEMENT.