CU-25-90890 - 199-
CITY OF EDMONDS
250 5TH AVE. N • EDMONDS, WA 98020 • (206) 771-3202
ZPUT:11219"I_1M0M,
FINDINGS AND DECISION
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
IN THE MATTER OF THE APPLICATION
OF HENRY & SANDRA KRIST FOR
APPROVAL OF A CONDITIONAL USE PERMIT
LARRY S. NAUGHTEN
MAYOR
FILE: CU-25-90
DECISION: The conditional use permit is granted subject to
the conditions listed.
INTRODUCTION
Henry & Sandra Krist, 3 Park Place, Edmonds, Washington 98020,
(hereinafter referred to as Applicant), requested approval of a
conditional use permit for an accessory dwelling unit at 3 Park
Place, Edmonds, Washington.
A hearing on the request was held before the Hearing Examiner of the
City of Edmonds, Washington, on April 5, 1990.
At the hearing the following presented testimony and evidence:
Duane Bowman
Planning Dept.
City of Edmonds
Edmonds, WA 98020
Bill Murphy
9118 Main Street
Edmonds, WA 98020
Henry Krist
Sandra Krist
3 Park Place
Edmonds, WA 98020
At the hearing the following exhibits were submitted and were
admitted as part of the official record of this proceeding:
Exhibit 1 - Staff Report
" 2 - Application
it 3 - Hearing Examiner Decision CU-49-83
" 4 - Statement of Occupancy
e IrLcorporated August 11, 1890
Sister Cities International — Hekinan, Japan
—= L;U-15-90 4/13/90
Page 2
After due consideration of the evidence and evidence elicited during the and by the Applicant,
lic heing
Findings of Fact and Conclusions constitar� the
following
decision of the Hearing Examiner. utethebof the
FINDINGS
1. The Applicant requested approval of a conditional use permit
for an accessory dwelling unit at 3 Park Place, Edmonds, Washington.
2. The subject property is located on the southern end of a small
private cul-de-sac south of Main Street. The property is near Yost
Park. On site is a residence with an existing accessory dwelling
unit.
3. The accessory dwelling unit was approved in 1983 pursuant to
conditional use permit #CU-49-83.
4. The subject property is zoned RS-8.
5. The Edmonds Community Development Code (ECDC) 20.20.005 re-
quires that any person who occupies, or permits another person to
occupy, an accessory dwelling unit as a place of residence shall
first obtain a conditional use permit.
6. ECDC 20.05.010 sets forth the criteria for review of a condi-
tional use permit within the City of Edmonds. That criteria
include:
A. The proposed use must be consistent with the Compre-
hensive Plan of the City of Edmonds.
B. The proposed use and its location must be consistent with the
Purposes of the zoning ordinances and the purposes of the zone
district in which the use is to be located, and the proposed use
meet all applicable requirements of the zoning ordinance.
C. The proposed use, as conditionally approved, must not be
significantly detrimental to the public health
and to nearby private properties or improvementssafety unlessand thewuse ais,
a
public necessity.
D. The Hearing Examiner must determine if the proposed use is
transferable.
7. In addition to the criteria of ECDC 20.05.010
set forth in ECDC 20.21.030 must be satisfied for conditionalause
HEARING EXAMINER DECISION
RE: CU-25-90 4/13/90
Page 3
permits for accessory dwelling units. That criteria include:
A. Existing Residence. The single family dwelling in
which such unit is to be built must have been occupied for
at least three years since the date construction of that
single family dwelling was completed.
B. Area Used. Accessory dwelling units must be located
within or attached to single family dwelling units. In no
case will an accessory dwelling unit be allowed in a
detached structure such as a guest house or garage.
C. Exterior Changes. The single family appearance and
character of the residence shall be maintained when viewed
from the surrounding neighborhood. Whenever possible, new
entrances should be placed on the side or rear of the
building. Only one electric and water meter will be
allowed for the entire building, serving both the primary
residence and the accessory dwelling unit.
D. Parking. Three off-street parking spaces shall be
provided for a single family residence with an accessory
dwelling unit.
E. Number of Units. Only one accessory dwelling unit
shall be approved for each single family dwelling.
F. Occupancy. The primary dwelling or the accessory
dwelling unit shall be occupied by the owner of such
residence or unit, excluding lessees and renters, so long
as the accessory dwelling unit is used for dwelling
purposes separate and distinct from the primary dwelling.
G. Non -transferability. The permit is not transferable
to any other site than the site described in the appli-
cation.
H. Safety, Light, Ventilation, Floor Area, etc. Acces-
sory dwelling units shall comply, when such are applic-
able, with the requirements of the Uniform Building Code,
Uniform Fire Code, National Life Safety Code, as well as
any other applicable uniform code adopted by the Community
Development Code (Ord. 2353, paragraph 6, 1983).
8. The requested conditional use permit is consistent with the
RS-8 zone as set forth in ECDC 16.20.000. It will reserve and
regulate an area primarily for family living in a single family
dwelling.
HEARING EXAMINER DECISION
RE: CU-25-90 4/1:1/90
Page 4
9. The requested conditional use permit is consistent with the
Comprehensive Policy Plan designation of the subject property as low
density residential. Further, it is consistent with the purposes of
the Comprehensive Plan as set forth in ECDC 15.05.010 because it
promotes convenience and orderly and coordinated development of land
and building use within the City.
10. The requested conditional use permit will not be detrimental to
the public nor to nearby private properties or improvements.
11. The residence has been occupied as a single family dwelling. In
1983 the City granted a conditional use permit for an accessory
dwelling unit. Because that permit was not transferable the Appli-
cants have been required to file for this permit.
12. The area used for an accessory dwelling unit is in the northern
end of the house. There will be no changes in the current use.
13. No exterior changes are planned. One water meter and two
electrical meters will continue to serve the property.
14. Access to the accessory dwelling unit will continue to be
through a door on the northern end of the house.
15. There are more than three (3) off street parking spaces provi-
ded on site. Parking will not present a problem. Parking standards
will be satisfied.
16. Only one accessory dwelling unit is proposed.
17. The Applicant will continue to occupy the main house and rent
the accessory dwelling unit.
18. The permit is not transferable.
19. The original permit was issued after the original applicants
had passed an inspection by the Building Division of the City of
Edmonds with the issuance of the original permit.
20. A property owner in the area (Murphy) said that he supports the
requested conditional use permit.
CONCLUSIONS
1. The Applicant requested approval of a conditional use permit
for the allowance of an accessory dwelling unit at 3 Park Place,
Edmonds, Washington.
HEARING EXAMINER DECISION
RE: CU-25-90 4/11/90
Page 5
2. The Hearing Examiner of the City of Edmonds has jurisdictional
authority to hear this request based on the authority granted to him
in ECDC 20.100.010(B)(1).
3. A conditional use permit is required pursuant to the conditions
of ECDC 20.21.005.
4. The criteria for review of conditional use permits, ECDC
20.05.010, have been reviewed by the Hearing Examiner and, with
conditions, the requested use satisfies those criteria.
5. In addition to the criteria of ECDC20.05.010, the criteria of
ECDC 20.21.030 must be satisfied. Those criteria are satisfied and
have been addressed in the Findings of this document.
DECISION
Based upon the preceding Findings of Facts and Conclusions, the
testimony and evidence submitted at the public hearing, and upon the
impressions of the Hearing Examiner at a site view, it is hereby
ordered that the requested conditional use permit to allow an
accessory dwelling unit at 3 Park Place, Edmonds, Washington, is
granted subject to the following conditions:
1. The permit is not transferable.
2. The Applicant shall file a covenant with the Snohomish County
Auditor. The covenant shall state that the Applicant agrees to
comply with all the required conditions of the conditional use
permit, including those found in ECDC 20.21.030.
3. The conditional use permit must be acted upon within one year,
or it shall expire and be null and void. The Applicant may seek an
extension prior to the expiration date.
Entered this 13th day of April, 1990, pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code of the City of Edmonds.
-S M. D ISCOLL
earing Ex miner
HEARING EXAMINER DECISION
RE: CU-25-90 4/11/90
Page 6
NOTICE OF RIGHT TO APPEAL
Written appeals alleging specific error of fact or other grounds
for appeal may be filed with the Planning Department, City of
Edmonds, Civic Center, Edmonds, Washington 98020, within fourteen
(14) days of the date of the Hearing Examiner's final action.
In this matter any appeal must be received by the Department prior
to 5:00 p.m. on April 27, 1990.
THIS PACKET SENT TO THE _
HEARING EXAMINER ON 3128190
EXHIBIT LIST
CU-25-90
EXHIBIT 1 - STAFF REPORT
EXHIBIT 2 - APPLICATION
EXHIBIT 3 - HEARING EXAMINER DECISION CU-49-83
EXHIBIT 4 - STATEMENT OF OCCUPANCY
EXHIBIT 1
STAFF REPORT TO THE HEARING EXAMINER
FILE: CU-25-90
HEARING DATE: April 5, 1990
I. REQUESTED ACTION:
Conditional use permit for an accessory dwelling unit at 3
Park Place, Edmonds.
II. APPLICANT/OWNER:
Henry & Sandra Krist
15530 Bagley Place N.
Seattle, WA 98133
III. LEGAL DESCRIPTION
Lot 3, Plat of Rob's Addition to the City of Edmonds.
IV. STAFF FINDINGS AND CONCLUSIONS
A. Description of the Subject Property and Surrounding Area
The subject property is located at the southern end of a
small private cul-de-sac on the south side of Main Street,
near Yost Park.
The Applicant is seeking approval for an existing accessory
dwelling unit in the home. The accessory dwelling unit was
originally approved in 1983, under CU-49-83.
Surrounding development in the immediate vicinity is
single family residential.
B. Official Street Map
Proposed R/W Existing R/W
North - Main Street 60' 60'
C. Zoninq Ordinance
The subject property is zoned RS-8. Surrounding zoning is
also RS-8.
As conditioned, the requested conditional use permit does
not appear to conflict with the purposes of the Zoning
Ordinance or the RS-8 zone.
Staff Report Page 2
CU-25-90
D. Comprehensive Plan
The subject property and surrounding area is designated as
Low Density Residential.
As conditioned, the proposed conditional use does not
appear to conflict with the purposes of the Comprehensive
Plan.
E. Not Detrimental
The proposed use should not be significantly detrimental to
the public nor to nearby private property or improvements.
F. Transferability
The permit is not transferable.
G. Review Criteria Chapter 20.21.030
1. Existinq Residence
The residence was previously occupied as a single family
dwelling. In 1983, the City granted a conditional use
permit, #CU-49-83, approving an accessary dwelling unit
in the northern end of the residence. Because that
permit is not transferable, the Applicants have refiled
for a new permit.
2. Area Used
The area proposed for the accessory dwelling unit is in
the northern end of the house.
3. Exterior Chanqes
No exterior changes are planned. One water meter and
two electrical meters serve the property. Access to the
accessory dwelling unit is through a door at the
northern end of the house.
4. Parkin
More than three off street parking spaces are available
on site.
5. Number of Units
Only one accessory dwelling unit is proposed.
6. Occupancy
Staff Report Page 3
CU-25-90
The Applicant intends to occupy the main house and rent
out the accessory dwelling unit.
7. Non-Transferabili
The permit is not transferable.
8. Safety, Light, Ventilation, Floor Area, etc.
An inspection by the Building Division was completed
with the original permit.
V. STAFF RECOMMENDATION:
Should the Hearing Examiner decide to grant approval to CU-25-90, it
should be subject to the following conditions:
1. The permit is non -transferable.
2. The Applicant file a covenant with the Snohomish County
Auditor stating that the Applicant agrees to comply with all
the required conditions of the conditional use permit,
including those found in Chapter 20.21.030 of the Edmonds
Community Development Code.
3. The conditional use permit must be acted upon within one year
or it shall expire and be null and void, unless an extension
is granted prior to the expiration date.
city of ek,--ionds Exhibit .Y
land use application
❑ ARCHITECTURAL DESIGN BOARD ��t1So d baS\�(wlo- i:::•::.'�t
❑ COMP PLAN CHANGE ,l
ATCONDITIONAL USE PERMIT DATE I �J y(/ REC'D BY _�✓B
❑ FORMAL SUBDIVISION FILE # - 2 - OzoNE
❑ HOME OCCUPATION
❑ LOT LINE ADJUSTMENT FEE O as —RECEIPT #
❑ OFFICIAL STREET MAP AMEND HEARING DATE ---�
❑ PLANNED RESIDENTIAL DEVELOP. HE ❑ STAFF ❑ PB ❑ ADB ❑ CC
❑ REZONE
❑ SETBACK ADJUSTMENT
❑ SHORELINE PERMIT ACTION TAKEN: (ENTERED BY )
❑ SHORT SUBDIVISION ❑ APPROVED ❑ DENIED ❑ APPEALED
❑ STREET VACATION
❑ VARIANCE APPEAL #
❑ OTHER
Applicant r 6_.AJR / �+F-SHn/y�/� f // /S 7-Phone 36-7-C/ 9-7
Add a "J_ I5-6-.30 814(,_LEy PL. A). SE/+TiL_'E
Property Owner &LAIR SA-WDRA XR 5 T _Phone 3 (c 7 - C 1a7
CUIeRE'tf l
Address /SS 3G &46/_" A-- 41,
Agent Phone —
Address —
Property Address or Location 3 PLA r_�E
Tax Acc # %ate-00Q--,Q09 —coop Sec. Twp. Rng.
Legal Description 4-oT 3 /rho,R's Ai>y, T-iDAI TL) c pry c F L D/qO/l,�l�5
Details of Project or Proposed Use &19411-9 ua Aoi-1 -F me LC-Sscorci c%elJl?n can f.
The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the application
agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including
reasonable attorney's fees, arising from any action or infraction based in whole or in part upon false, misleading,
inaccurate or incomplete information furnished by the applicant, his/ her/ its agents or employees.
The undersigned applicant grants his/ her/ its permission for public officials and the staff of the City of Edmonds to enter
the subject property for the purpose of inspection and posting attendant to this application.
SIGNATURE OF APPLICANT/ OWNER/ AGENT ti,L,,�L.
e
Exhibit 3
FINDINGS AND DECISION
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
IN THE MATTER OF THE APPLICATION FILE: CU-49-83
OF ROBERT L. BRUBAKER FOR
APPROVAL OF A CONDITIONAL
USE PERMIT
DECISION: The conditional use permit is granted
subject to the conditions listed.
INTRODUCTION
Robert L. Brubaker, 3 Park Place, Edmonds, Washington, 98020, and
hereinafter referred to as Applicant, has requested approval of
a conditional use permit for an accessory dwelling unit at
property located at 3 Park Place, Edmonds, Washington, and
more particularly descibred as:
Lot 3, Plat of Rob's Addition, as recorded
in the records of Snohomish County, Washington.
A hearing on the request was held before the Hearing Examiner of
the City of Edmonds, Washington, on November 17, 1983.
At the public hearing the following presented testimony:
Duane Bowman Robert L. Brubaker
Planning Department 3 Park Place
City of Edmonds Edmonds, WA 98020
Edmonds, WA 98020
The following exhibits were admitted as evidence at the public
hearing:
Exhibit 1 - Staff Report
2 - Application
" 3 - Vicinity Map
4 - Applicant's Statement
5 - Occupancy Covenants
6 - Electrical Statement
After due consideration of the evidence presented by the Applicant;
evidence elicited during the public hearing; and, as a result of
the personal inspection of the subject property and surrounding
areas by the Hearing Examiner, the following findings of fact and
conclusions constitute the basis of the decision of the Hearing
Examiner.
Findings and Deci: _)n of the
Hearing Examiner of the City of Edmonds
Re: CU-49-83
Page 2
FINDINGS OF FACT
1. The application is for the approval of a conditional use permit
for property located at 3 Park Place, Edmonds, Washington, and
more particularly described as set forth above.
2. The specific conditional use permit is for the allowance of
an accessory dwelling unit on the subject property.
3. The City of Edmonds has established ordinances regulating the
establishment of accessory dwelling units within single family
dwellings while preserving the character of single family
neighborhoods. In the instant application there is a house
located on the site. In order
for the accessory unit to be occupied as a place of residence
a conditional use permit must be acquired.
4. Section 20.21.030 of the Edmonds Community Development Code
sets forth the criteria for granting of conditional use permits
for all accessory dwelling units within the City of Edmonds.
The criteria include:
a. Existing Residence. The single family dwelling in which
such unit is to be built must have been occupied for at
least three years from the date construction was completed
for the single family dwelling.
b. The Area Used. The accessory dwelling units must be located
within or attached to the existing dwelling unit. In no
case will an accessory dwelling unit be allowed in a
detached structure such as a guest house or garage.
C. Exterior Changes. The single family appearance and the
character of the residence shall be maintained when viewed
from the surrounding neighborhood. Whenever possible,
new entrances should be placed at the rear or side of the
building. Only one electric and water meter will be
allowed for the entry building, serving both the primary
residence and the accessory dwelling unit.
d. Parking. Three off-street parking spaces shall be pro-
vided for an accessory dwelling unit within a single
family residence.
e. Number of Units. Only one accessory dwelling unit shall
be approved for each single family dwelling.
f. Occupancy. The primary dwelling or the accessory dwelling
unit shall be occupied by the owner of such residence or
unit, excluding leasors or renters, so long as the accessory
dwelling unit is used for d-v7elling purposes separate and
distinct from the primary dwelling.
Findings and Deci�
Hearing Examiner of
Re: CU-49-83
Page 3
z of the
the City of Edmonds
g. Nontransferability. The permit is not transferable to
any other site than the site described in the application.
h. Safety, Light, Ventilation, Floor Area, etc. Accessory
dwelling units shall comply with all applicable City
building codes, Uniform Fire Code, National Life Safety
code as well as any other applicable code adopted by the
Community Development Code.
5. The Applicant has occupied and resided at the family dwelling
located on the subject property for at least three years.
6. The proposed accessory dwelling unit will be located within
the existing residence at the extreme north end of the area.-
7. No exterior changes will be needed for the accessory unit.
One water meter will provide service to the primary residence
in the accessory dwelling unit.
8. At least three off-street parking spaces are available for
the single family residence on the site.
9. Only one accessory unit is proposed.
10. It is the intent of the Applicant to occupy the existing house
or the accessory dwelling unit.
11. The accessory dwelling unit shall be required to conform with
all applicable City building codes.
12. The Snohomish County PUD recommended the addition of a second
electrical service into the north end of the existing structure.
This service was completed in 1978 and designed in a manner that
certain loads within either end of the structure can be served
from either electrical service so as to balance the electrical
loads. Although there are -two services one billing is made on
one single account. The Applicant has requested a variance to
the requirement that one electrical service be required for both
units.
13. The Planning Department of the City of Edmonds recommended approval
of the conditional use permit subject to the Applicant complying
with all applicable building codes regarding health and safety.
14. No adverse testimony was receive in this matter.
CONCLUSIONS
1. The application is for a conditional use permit for an accessory
dwelling unit to be located at 3 Park Place, Edmonds, Washington,
and r:ore particularly described as set forth above.
Findings and Deci of the
Hearing Examiner of Lhe City of Edmonds
Re: CU-49-83
Page 4
2. The criteria as set forth in Section 20.21.030 of the Edmonds
Community Development Code is satisfied by the request.
3. The Applicant has lived at the site for over three years and
intends to maintain his residence in one of the units within
the structure located at the site.
4. Ample parking is available and no exterior changes are proposed
for the accessory unit.
5. Only one water meter will service the house and the accessory
unit. Because of existing electrical services there will be
two electrical services but one billing for the two units.
6. Only one accessory unit is proposed.
7. The permit should not be transferable.
8. The accessory dwelling unit is required to conform with all
applicable City building codes.
9. The Planning Department of the City of Edmonds recommended
approval of the conditional use permit subject to the conditions
listed in Finding n13.
DECISION
Based upon the preceding findings of fact, conclusions, the testi-
mony and evidence submitted at the public hearing, and on a site
view inspection by the Hearing Examiner, it is hereby ordered that
the conditional use permit be granted. The specific request for a
conditional use permit is for an accessory dwelling unit at 3 Park
Place, Edmonds, Washington, and is granted subject to the following
conditions:
1. The Applicant is to comply with all building codes regarding
health and safety.
2. The Applicant shall be allowed two electrical services to the
structure. The electrical services shall be as they exist
on the date of application.
3. The permit is not transferable to any other site other than the
site described in the application.
4. The permit shall expire automatically whenever the accessory
dwelling unit is substantially altered and thus no longer in
conformance with the plans and drawings reviewed and approved
by the Hearing Examiner.
5. The permit shall automatically expire whenever the primary
residence ceases to have three or more off-street parking
spaces.
Findings and Decis i of the
Hearing Examiner of the City of Edmonds
Re: CU-49-83
Page 5
6. The permit shall automatically expire whenever the primary
residence and the accessory dwelling unit are rented, leased
or otherwise conveyed to a person other than the Applicant.
Entered this 30th day of November, 1983, pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code of the City of Edmonds.
tct4� A .
MES M. DRISCOL
aring Examiner
NOTICE OF RIGHT TO APPEAL
Written appeals alleging specific error of fact or other grounds
for appeal may be filed with the Planning Department, City of
Edmonds, Civic Center, Edmonds, Washington, 98020, within
fourteen (14) days of the date of the Hearing Examiner's final
action.
In this matter, any appeal must be received by the Department
prior to 5:00 p.m. on December 14, 1983.
Exhi H 4
To Whom it May Concern, this date of March 14, 1990:
As an owner of the property commonly referred to as
3 Park Place, Edmonds, WA., I hereby certify that I
have resided in and occupied the primary residence
at said location for a period of no less than three
years since construction of that single family'
dwelling unit was completed.
STATE OF WASHINGTON
County of I-V110 -0 ° S s s. SJWEC0
On this day personally before me
rvLfLr" Z.
to me known to be the individual = described in and who executed the within and foregoing instrument and
acknowledged to me that GtR- signed the same as X. S free and voluntary act and deed for
he purposes therein mentioned.
Given under my hand and o/iciasathiday o 19-00
/�
Notary Public in and Jor the State of Washington, residing at
TL-34 R1 8/74 SAFECO Title Insurance Company - ACKNOWLEDGMENT - ORDINARY