Zoning Confirmation Letter for 180 2nd Ave S - Edmonds Lan….pdf
October 3, 2007
Clayton Graham
Davis Wright Tremaine LLP
1201 Third Avenue, Suite 2200
Seattle, WA 98101
ND
RE: ZCLF1802AS,EWA98020
ONING ONFIRMATION ETTER OR VENUE OUTH DMONDS
Dear Mr. Graham:
This letter is in response to your inquiry received by email September 26, 2007 regarding the
nd
parcel located at 180 2 Avenue South in Edmonds (also known as Edmonds Landing). Please
note that the address of this property is 141 Dayton Street according to the Snohomish County
Assessors records (ID# 27032300409000).
1.What is the current zoning of the property?
The current zoning of the site is BD4 (Downtown Mixed Residential) pursuant to Edmonds
Community Development Code (ECDC) Chapter 16.43. Please refer to the attached copy of
ECDC Chapter 16.43 for information on the allowable uses and applicable development
regulations for the BD4 zone.
2.Is the property in any special, restrictive, or overlay district?
The property is located within the Downtown Mixed Residential Comprehensive Plan
designation, and is also included in the Downtown/Waterfront Activity Center overlay.
Please refer to the goals for the Downtown Waterfront Activity Center in the attached section
of the Comprehensive Plan.
3.Was this facility part of a Planned Residential Development?
This facility was not part of a Planned Residential Development.
4.Was this property granted any variances, special exceptions, or conditional use permits or
zoning relief of any kind? If so, please provide a copy.
The subject property was granted a conditional use permit in 1999 (City File No. CU-1997-
115). At the time of the conditional use permit application, the subject property was located
within the BC (Community Business) zone, which requires a conditional use permit for
convalescent homes as a primary use. Therefore, a conditional use permit for the assisted
living facility was required. A copy of the conditional use permit is attached. Now that the
property is located within the BD4 (Downtown Mixed Residential) zone, convalescent
homes are a permitted primary use without the need for a conditional use permit.
5.Are there any development obligations outstanding for the facility or the property such as
roadway work, storm sewers, or any other construction that the developer/owner of the
property is obligated to complete?
There do not appear to be any outstanding development obligations for the facility. The City
has construction and engineering as-built drawings that can be obtained through the Building
Division for a fee of $5 per copy (large format).
6.Are there any legal nonconforming issues?
No nonconforming issues have been identified at this time. The structure on the subject
property was constructed consistent with the requirements of the BC (Community
Business) zone. Since the zone has since changed to the new BD4 (Downtown Mixed
Residential) zone, it is possible that there are now nonconforming issues on the site because
the BD4 zone has different site development standards (i.e. required setbacks, maximum
height, ground floor requirements, etc.) than the BC zone.
7.Do your records show any unresolved Zoning or Building Code violations at the present
time?
The Citys Building Official has indicated that she is not aware of any current building code
violations on the subject property. The Citys Code Enforcement Officer has indicated that
he is not aware of any current zoning violations on the subject property.
8.Was this site developed with Site Plan Approval? If so, could we obtain a copy of the
approved plan and/or conditions?
Yes, the site was developed with site plan approval. The City has approved site plans and
building permits for Edmonds Landing on file. There is a $5 large copy fee for a copy of the
site plan, which can be obtained through the Citys Building Division.
9.Is this site in compliance with the current Zoning Code?
As discussed above, no known nonconforming issues have been identified at this time, but it
is possible that there are nonconforming issues due to the fact that the zoning of the property
has recently changed. Any nonconforming issues on the site would be subject to the
requirements of ECDC Chapter 17.40.
10.Does the City Code allow for reconstruction of nonconforming structures in the event of a
casualty?
Nonconformance is regulated in ECDC Chapter 17.40. Section 17.40.020.F addresses
restoration of nonconforming buildings:
If a nonconforming building is destroyed or is damaged in an amount equal to 50
percent or more of its replacement cost at the time of destruction, said building
shall not be reconstructed except in the conformance with the provisions of the
Edmonds Community Development Code. Determination of replacement costs
and the level of destruction shall be made by the building official and shall be
appealable as a staff decision under the provisions of ECDC 20.105.030. Damage
less than 50 percent of replacement costs may be repaired, and the building
returned to its former size, shape and lot location as existed before the damage
occurred, if, but only if, such repair is initiated by the filing of an application for a
building permit within one year of the date such damage occurred.
11.Were Certificate of Occupancies issued? If so, please provide copies.
Yes, a certificate of occupancy was issued for the subject property. A copy of the certificate
is included for your reference.
12.Does the parking provided at the facility comply with the zoning code requirements (i.e. the
number, location and design of parking spaces on-site)?
Off-street parking is regulated in ECDC Chapter 17.50. In order to obtain a building permit,
the facility had to comply with the parking requirements for number, design and accessibility
that were applicable at the time. Current standards require one space per three beds. The
approved building permit plans indicate that there are 83 units in the facility and 62
underground parking spaces, two of which are handicap-accessible.
If you have any further questions, please contact me at your convenience at (425) 771-0220,
extension 1330.
Sincerely,
Mike Clugston, Planner
Development Services Department
Attachments
:
1.Address Book Map
2.ECDC Chapter 16.43 (BD-Downtown Business)
3.Comprehensive Plan (Downtown Waterfront Activity Center section)
4.Zoning and Vicinity Map
5.Conditional Use Permit File No. CU-1997-115
6.Certificate of Occupancy