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ZoningCompliance_1254-8thAveS.pdf September 12, 2006 Michelle Broderson PO Box 55907 Seattle WA 98155 th RE: 1254 8 Avenue South – Edmonds, WA. Dear Ms. Broderson: This Zoning Confirmation Letter is in response to your inquiry for the above-mentioned property. I hope you find this information helpful. General: Our records indicate that there are three th addresses for this site: 1250/1254/1256 8 Avenue South. Our records also indicate that this structure is site a triplex. Snohomish County Assessor records indicate that this structure was built in 1954. This site was annexed into the City of Edmonds on 10/4/1955. City of Edmonds adopted its first zoning code in 1956. Zoning: The current zoning designation is “Single- Family Residential” (RS-6). I have attached Edmonds Community Development Code (ECDC) chapter 16.20 for your convenience, which outlines the permitted uses for this zone. The current use is multi-family, which is a nonconforming use – please see the attached “Exhibit 4A” regarding the nonconforming use at this site and also see the attached ECDC 17.40.010 regarding nonconforming uses. Setbacks: ECDC 16.20.030 lists setbacks for the RS-6 zone. For this site, the following setbacks apply. The minimum street setback (east) is 20 feet, the minimum side setback (north and south) is 5 feet, and the minimum rear setback (west) is 15 feet. Setbacks are measured from the edge of the property line or vehicular access easement to the nearest structure or building. Height: ECDC 16.20.030 states that the maximum height in residential zones is 25 feet. Note that height is measured from average original grade. Short Subdivision S-18-88 (AKA PLN198800018): This site was part of a 3-lot short subdivision that was recorded in 1989 under the above file number. For your convenience, I have attached some of the short subdivision documents, which recorded under Auditor’s File Number 8905100084. Nonconforming Use: If the multi-family use was established prior to adoption of the zoning code (1956), then it is considered a nonconforming use. ECDC 17.40.010 (attached) deals with nonconforming uses. Here is the portion you are likely interested in, however the rest of this section is attached for your convenience. ECDC 17.40.010.G. Lapse of Time. 1. If a nonconforming use ceases for a continuous period of six months, any later use of the property occupied by the former nonconforming use shall conform to this zoning ordinance. 2. If a nonconforming residential use ceases because its building is damaged in excess of 50 percent of its value, the use may be reestablished if construction of a new or repaired building begins within one year of the date the damage occurred. If you have any questions, please don’t hesitate to contact me at 425.771.0220 extension 1778 or via email at coccia@ci.edmonds.wa.us. Sincerely, Gina Coccia, Planner Development Services Department CE ITY OF DMONDS Attachments: ECDC 16.20 – Single-Family Residential. ECDC 17.40.010 – Nonconforming Uses. Short Subdivision File #S-18-88 (AKA PLN198800018). th Exhibit 4A (nonconforming use at 1250 8 Ave S). Chapter 16.20 RS – SINGLE-FAMILY RESIDENTIAL Sections: 16.20.000 Purposes. 16.20.010 Uses. 16.20.020 Subdistricts. 16.20.030 Table of site development standards. 16.20.040 Site development exceptions. 16.20.045 Site development standards – Single-family master plan. 16.20.050 Site development standards – Accessory buildings. 16.20.000 Purposes. The RS zone has the following specific purposes in addition to the general purposes for residential zones of ECDC16.00.010 and 16.10.000: A. To reserve and regulate areas primarily for family living in single-family dwellings; B. To provide for additional nonresidential uses which complement and are compatible with single-family dwelling use. \[Ord. 3547 § 1, 2005\]. 16.20.010 Uses. A. Permitted Primary Uses. 1. Single-family dwelling units; 2. Churches, subject to the requirements of ECDC 17.100.020; 3. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R); 4. Local public facilities that are planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 5. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Foster homes; 2. Home occupation, subject to the requirements of Chapter 20.20 ECDC; 3. The renting of rooms without separate kitchens to one or more persons; 4. The keeping of three or fewer domestic animals; 5. The keeping of horses, subject to the requirements of Chapter 5.05 ECC; 6. The following accessory buildings: a. Fallout shelters, b. Private greenhouses covering no more than five percent of the site, c. Private stables, d. Private parking for no more than five cars, e. Private swimming pools and other private recreational facilities; 7. Private residential docks or piers; 8. Family day-care in a residential home; 9. Commuter parking lots that contain less than 10 designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsection (D)(5) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075. C. Primary Uses Requiring a Conditional Use Permit. 1. High schools, subject to the requirements of ECDC 17.100.050(G) through (R); 2. Local public facilities that are not planned, designated, and sited in the capital improvement plan, subject to ECDC 17.100.050; 3. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 1. Preschools; 2. Guest house; 3. Amateur radio transmitting antennas; 4. Accessory dwelling units; and 5. Commuter parking lots with 10 or more designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone. \[Ord. 3547 § 1, 2005\]. 16.20.020 Subdistricts. There are established seven subdistricts of the RS zone in order to provide site development standards for areas which differ in topography, location, existing development and other factors. These subdistricts shall be known as the RS-6 zone, the RS-8 zone, the RS-10 zone, the RS-12 zone, the RSW-12 zone, the RS-20 zone, and the RS-MP zone. \[Ord. 3547 § 1, 2005\]. 16.20.030 Table of site development standards. Minimum MinimumMinimumMinimumMaximum Minimum SubLot Area Maximum MinimumStreetSideRearMaximum Coverage Parking 12 District(Sq. Ft.) DensityLot WidthSetback Setback Setback Height (%) Spaces 3 RS-20 20,000 2.2 100' 25' 35' & 10'25' 25' 35% 2 RS-12 12,000 3.7 80' 25' 10' 25' 25' 35% 2 4 RSW-1212,000 3.7 —15' 10' 35' 25' 35% 2 RS-10 10,000 4.4 75' 25' 10' 20' 25' 35% 2 RS-8 8,000 5.5 70' 25' 7-1/2' 15' 25' 35% 2 RS-6 6,000 7.3 60' 20' 5' 15' 25' 35% 2 5555555 RS-MP12,0003.780'25'10'25'25' 35% 2 1 Density means “dwelling units per acre” determined by dividing the total lot area by the density allowed by the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole number. 2 See Chapter 17.50 ECDC for specific parking requirements. 3 Thirty-five feet total of both sides, 10 feet minimum on either side. 4 Lots must have frontage on the ordinary high water line and a public street or access easement approved by the hearing examiner. 5 “MP” signifies “master plan.” The standards in this section show the standards applicable to development without an approved master plan. Properties in this zone may be developed at a higher urban density lot pattern equivalent to RS-8 but this shall only be permitted in accordance with a duly adopted master plan adopted under the provisions of 16.20.045. ECDC \[Ord. 3547 § 1, 2005\]. 16.20.040 Site development exceptions. A. Average Front Setback. If a block has residential buildings on more than one-half of the lots on the same side of the block, the owner of a lot on that block may use the average of all the setbacks of the existing residential buildings on the same side of the street as the minimum required front setback for the lot. Detached structures such as garages; carports; and uncovered porches, decks, steps and patios less than 30 inches in height, and other uncovered structures less than 30 inches in height shall not be included in the “average front setback” determination. An applicant for such a determination shall provide a drawing which locates the street property line for the entire block, as well as the existing street setbacks of all buildings required to be used for the purpose of calculating the “average front setback.” The drawing shall be prepared and stamped by a land surveyor registered in the state of Washington. B. Eaves and Chimneys. Eaves and chimneys may project into a required setback not more than 30 inches. C. Porches and Decks. Uncovered and unenclosed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no more than 30 inches above ground level at any point. D. Setback Adjustments. Chapter 20.50 ECDC contains a procedure for adjusting distances and locations in special situations. E. Corner Lots. Corner lots have no rear setback; all setbacks other than the street setbacks shall be side setbacks. F. Docks, Piers, Floats. 1. Height. The height of a residential dock or pier shall not exceed five feet above the ordinary high water mark. The height of attendant pilings shall not exceed five feet above the ordinary high water mark or that height necessary to provide for temporary emergency protection of floating docks. 2. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet or the average length of existing docks or piers within 300 feet of the subject dock or pier. 3. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot width when measured parallel to the shoreline. 4. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard setback from a property line or a storm drainage outfall. Joint use docks or piers may be located on the side property line; provided, that the abutting waterfront property owners shall file a joint use maintenance agreement with the Snohomish County auditor in conjunction with, and as a condition of, the issuance of a building permit. Joint use docks or piers shall observe all other regulations of this subsection. 5. Number. No lot shall have more than one dock or pier or portion thereof located on the lot. 6. Size. No residential dock or pier shall exceed 400 square feet. 7. Floats. Offshore recreational floats are prohibited. 8. Covered Buildings. No covered building shall be allowed on any residential dock or pier. \[Ord. 3547 § 1, 2005\]. 16.20.045 Site development standards – Single-family master plan. A. General. The “single-family – master plan” zone is intended to apply to the area lying along the south side of SR-104 north of 228th Street SW, where there are development constraints related to access and traffic on SR-104. Development in this zone may be approved at RS-12 standards without an approved master plan. An approved master plan is required before any development can occur at RS-8 densities. B. Criteria for Approving a Master Plan. Properties seeking to develop at RS-6 or RS-8 densities shall be developed according to a master plan (such as through a PRD) that clearly demonstrates the following: 1. That access and lot configurations shall not result in additional curb cuts or unmitigated traffic impacts on SR-104; at a minimum, a traffic study prepared by a traffic engineer approved by the city shall clearly demonstrate this requirement. 2. That the configuration and arrangement of lots within the master plan area provide for setbacks on the perimeter of the proposed development that are compatible with the zoning standards applied to adjoining developed properties. For example, a master plan adjoining developed lots in an RS-MP zone that were developed under RS-12 standards shall have RS-12 setbacks along common property lines, although the lot sizes, widths, and other bulk standards may conform to the higher density lot configuration approved through the master plan. \[Ord. 3547 § 1, 2005\]. 16.20.050 Site development standards – Accessory buildings. A. General. Accessory buildings and structures shall meet all of the standards of ECDC 16.20.030 except as specifically provided in this section. B. Height. Height shall be limited to 15 feet, except for amateur radio transmitting antennas and their supporting structures. C. Rear Setbacks. The normally required rear setback may be reduced to a minimum of five feet for accessory buildings covering less than 600 square feet of the site. D. Satellite Television Antenna. A satellite television antenna which measures greater than one meter or 1.1 yards in diameter shall comply with the following regulations: 1. General. Satellite television antennas must be installed and maintained in compliance with the Uniform Building and Electrical Codes as the same exist or are hereafter amended. A building permit shall be required in order to install any such device. 2. Setbacks. In all zones subject to the provisions contained herein, a satellite television antenna shall be located only in the rear yard of any lot. In the event that no usable satellite signal can be obtained in the rear lot location or in the event that no rear lot exists as in the case of a corner lot, satellite television antennas shall then be located in the side yard. In the event that a usable satellite signal cannot be obtained in either the rear or side yard, then a roof-mounted location may be approved by the staff; provided, however, that any roof- mounted satellite antenna shall be in a color calculated to blend in with existing roof materials and, in the case of a parabolic, spherical or dish antenna, shall not exceed nine feet in diameter unless otherwise provided for by this section. In no event shall any roof-mounted satellite television antenna exceed the maximum height limitations established by this section. 3. Aesthetic. Satellite television antennas shall be finished in a nongarish, nonreflective color and surface which shall blend into their surroundings. In the case of a parabolic, spherical or dish antenna, said antenna shall be of a mesh construction. No commercial advertising of any kind shall be displayed on the satellite television antenna. 4. Size and Height. Maximum size for a ground-mounted parabolic, spherical or dish antenna shall be 12 feet in diameter. No ground-mounted antenna shall be greater than 15 feet in height unless otherwise approved for waiver as herein provided. The height of roof-mounted satellite television antennas shall not exceed the lesser of the height of the antenna when mounted on a standard base provided by the manufacturer or installer for ordinary operation of the antenna or the height limitation provided by the zoning code. 5. Number. Only one satellite television antenna shall be permitted on any residential lot or parcel of land. In no case shall a satellite television antenna be permitted to be placed on wheels or attached to a portable device for the purpose of relocating the entire antenna on the property in order to circumvent the intentions of this section. E. Amateur Radio Antennas. 1. The following applications for the following approvals shall be processed in accordance with ECDC 20.95.050, Staff decision – Notice required: a. Requests to utilize an amateur radio antenna dish which measures greater than one meter or 1.1 yards in diameter; b. Requests to utilize an antenna which: i. Would be greater than 12 feet in height above the principal building on a site. The height of the antenna shall be determined by reference to the highest point of the roof of the principal building, exclusive of the chimney or other roof-mounted equipment. The request to locate a 12- foot antenna on a building is limited to buildings whose height conforms to the highest limit of the zone in which the building is located. ii. Would exceed the height limit of the zone when mounted on the ground or on any accessory structure (see subsection (E)(2)(d) of this section). 2. The application shall comply with the following regulations: a. Definition. “Amateur radio antenna” means an antenna, or any combination of a mast or tower plus an attached or mounted antenna, which transmits noncommercial communication signals and is utilized by an operator licensed by the Federal Communications Commission. Guy wires for amateur radio antennas are considered part of the structure for the purpose of meeting development standards. b. General. Amateur radio antennas must be installed and maintained in compliance with the Uniform Building and Electrical Codes, as the same exist or are hereafter amended. A building permit shall be required to install an amateur radio antenna. c. Location. Amateur radio antennas may be ground- or roof-mounted, however, these devices shall: i. Be located and constructed in such a manner as to reasonably ensure that, in its fully extended position, it will not fall in or onto adjoining properties; ii. Not be located within any required setback area; and iii. Be retracted in inclement weather posing a hazard to the antenna. d. Height. The height of a ground-mounted tower or roof-top antenna may not exceed the greater of the height limit applicable to the zone or 65 feet when extended by a telescoping or crank-up mechanism unless an applicant obtains a waiver (see subsection (F) of this section). i. Only telescoping towers may exceed the height limits established by subsection (E)(1)(b) of this section. Such towers shall comply with the height limit within the applicable zone and may only exceed the height limit of the applicable zone and/or 65-foot height limit when extended and operating and if a waiver has been granted. ii. An antenna located on a nonconforming building or structure which exceeds the height limit of the zone in which it is located shall be limited to height limit of the zone plus 12 feet. e. Aesthetic. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting. F. Technological Impracticality – Request for Waiver. 1. The owner, licensee or adjacent property owner may apply for a waiver if: a. Strict application of the provisions of this zoning code would make it impossible for the owner of a satellite television antenna to receive a usable satellite signal; b. Strict application of the provisions of this zoning code would make it impossible for the holder of any amateur radio license to enjoy the full benefits of an FCC license or FCC protected right; or c. An adjacent property owner or holder of an FCC license or right believes that alternatives exist which are less burdensome to adjacent property owners. 2. The request for waiver shall be reviewed by the hearing examiner and may be granted upon a finding that one of the following sets of criteria have been met. a. Technological Impracticality. i. Actual compliance with the existing provisions of the city’s zoning ordinance would prevent the satellite television antenna from receiving a usable satellite signal or prevent an individual from exercising the rights granted to him or her by the Federal Communications Commission (FCC) by license, law or FCC regulation; or ii. The alternatives proposed by the property owner or licensee constitute the minimum necessary to permit acquisition of a usable satellite signal by a satellite television antenna or to exercise the rights granted pursuant to a valid FCC license, law or FCC regulation. b. Less Burdensome Alternatives. The hearing examiner is also authorized to consider the application of adjacent property owners for a waiver consistent with the provisions of subsection (F)(1)(c) of this section without the requirement of a finding that a usable satellite signal cannot be acquired when the applicant or adjacent property owner(s) establish that the alternatives proposed by the applicant are less burdensome to the adjacent property owners than the requirements which would otherwise be imposed under this section. For example, adjacent property owners may request alternative or additional screening or the relocation of the antenna on the licensee’s property. In the interactive process described in subsection (F)(3) of this section, the hearing examiner shall attempt to balance the impact of the tower on the views of adjacent properties, as well as the impacts of alternative screening and relocation in order to equitably distribute any negative impacts among the neighbors while imposing reasonable conditions on the antenna, its location and screening that do not impair the rights granted by the FCC to the licensee. 3. The process shall be an interactive one in which the hearing examiner works with the licensee to craft conditions which place the minimum possible burden on adjacent property owners while permitting the owner of the satellite antenna or holder of an amateur radio license to fully exercise the rights which he or she has been granted by federal law. For example, the number of antennas and size of the array shall be no greater than that necessary to enjoy full use of the FCC license. Conditions may include but are not limited to requirements for screening and landscaping, review of the color, reflectivity and mass of the proposed satellite television antenna or amateur radio facilities, and other reasonable restrictions. Any restriction shall be consistent with the intent of the city council that a waiver to the antenna owner be granted only when necessary to permit the satellite television antenna to acquire usable satellite signal or to allow the licensee to exercise the rights granted by Federal Communications Commission license after consideration of aesthetic harmony of the community. The process employed should involve the interaction of the licensee or owner and the neighborhood. Certain issues have been preempted by federal law and shall not be considered by the hearing examiner. Such issues include, but are not limited to, the impacts of electromagnetic radiation, the potential interference of the amateur radio facility with electronic devices in the neighborhood and any other matter preempted by federal law or regulation. Impact on view and on the values of neighboring properties may be considered in imposing reasonable conditions but shall not be a basis for denial of a permit to construct the antenna. 4. The application fee and notification for consideration of the waiver by an owner of a satellite television antenna shall be the same as that provided for processing a variance. No fee shall be charged to the holder of a valid FCC amateur radio license. 5. In the event that an applicant for waiver is also obligated to undergo architectural design review, the architectural design board shall defer any issues relating to the antenna and/or other amateur radio equipment to the hearing examiner. The hearing examiner may, at his or her discretion, request the architectural design board review and comment regarding required screening and landscaping and its integration into sight and landscaping plans. No additional fee shall be required of the applicant upon such referral. G. The provisions of subsections (D), (E) and (F) of this section shall be interpreted in accordance with the regulations of the Federal Communications Commission including but not limited to PRB-1. In the event of ambiguity or conflict with any of the apparent provisions of this section, the provisions of federal regulations shall control. \[Ord. 3547 § 1, 2005\]. Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Sections: 17.40.000 Purpose. 17.40.010 Nonconforming uses. 17.40.020 Nonconforming buildings. 17.40.025 Nonconforming accessory dwelling units. 17.40.030 Nonconforming lots. 17.40.040 Nonconforming signs. 17.40.050 Nonconforming community facilities. 17.40.000 Purpose. The purpose of this chapter is to allow certain nonconforming uses, buildings and lots to continue while prohibiting further nonconformity. Other nonconforming uses, buildings, signs and lots, which are declared to be nuisances, are required to be eliminated. 17.40.010 Nonconforming uses. A. Definition. A nonconforming use is one which was once allowed by applicable land use regulations, but is no longer allowed, due to the passage or later change of this zoning ordinance and where applicable its predecessor. B. Continuation. A nonconforming use may continue, unless required to be abated by subsection C of this section, but it may not be expanded in any way, including additional lot area, floor area, height, number of employees, equipment, or hours of operation except as otherwise provided in ECDC 17.40.050. C. Abatement. Any commercial, business or industrial use located in a residential zoned district or in the OS zoned district shall be discontinued within 15 years after the use first became nonconforming. If the affected use is not operated in a building, it shall be discontinued within three years of the notice. These time periods may be extended under subsections D and E of this section. The time shall commence from the time the use first became nonconforming under this code, and where applicable, its predecessor. D. Notice to Owner. The community development director shall notify each property owner affected by subsection C of this section. The notice shall state the provisions of subsection C, and that the owner may apply within one year of the date of the notice for an extended amortization period. The notice shall be filed for record with the county auditor. Failure to provide notice, or to record the same, shall not extend the mandatory time of conformance or discontinuance. E. Extended Amortization Application. The owner shall, with his application, deposit $500.00 with the city to cover the cost of the city hiring an economic consultant to provide an analysis of what amortization period would be reasonable in terms of the particular use and the owner’s investment. The application shall be processed in the same manner as a conditional use permit (Chapter 20.05 ECDC). The hearing examiner shall base his decision on the data contained in the economic analysis, plus other information introduced at the hearing, including information on the significance of the use’s incompatibility with nearby residents or property. The city shall refund any portion of the $500.00 deposit not used in processing the application. F. Recorded Notice. After the one-year period has passed, or an extended amortization application has been processed, the community development director shall file for record with the county auditor, a notice of the date by which the nonconforming use must be discontinued. G. Lapse of Time. 1. If a nonconforming use ceases for a continuous period of six months, any later use of the property occupied by the former nonconforming use shall conform to this zoning ordinance. 2. If a nonconforming residential use ceases because its building is damaged in excess of 50 percent of its value, the use may be reestablished if construction of a new or repaired building begins within one year of the date the damage occurred. H. Conditional Uses. A legal use does not become nonconforming because the zone in which it is located is changed to a zone district which requires a conditional use permit for the use. However, the use may not be altered, as stated in subsection B of this section, without obtaining a conditional use permit. \[Ord. 3353 § 9, 2001; Ord. 3283 § 1, 1999; Ord. 3247 § 1, 1999\].