ADU2001-75CITY OF EDMONDS
PLANNING DIVISION
REVIEW FOR
ACCESSORY DWELLING UNIT PERMIT
FILE # ADU-2001-75
APPLICANT Groset, Jon
PROPERTY LOCATION 8506 Bowdoin Wy.
PROJECT DESCRIPTION Accessory Dwelling Unit Permit
A. INTRODUCTION: The applicant has filed an application for a new Accessory Dwelling Unit. The
application has been submitted to the City on June 18, 2001.
B. PHYSICAL DIMENSIONS AND OTHER CHARACTERISTICS:
1) Number of Units: only 1 ADU
2) Size: 768 square feet for ADU, 2,187 square feet for principal dwelling (see Attachment 3,
floor plan)
3) No. Bedrooms in ADU: 1
4) Location: Within principal dwelling
5) Design: Integrated as part of single-family home; same materials and external appearance
6) Primary Entrance to ADU: Separate side entry to ADU from staircase at ground floor
7) Electric and Water Meters: One for entire site
8) Mail Box: One for entire site
9) Attached: Yes
10) Parking: Three (3) spaces provided (see Attachment 4, site plan)
11) Occupancy: Owner to live in principal dwelling (see Attachment 5, affidavit)
12) Safety, Light, Ventilation, etc.: A compliance inspection is required
C. PUBLIC COMMENTS:
Staff has received two letters (both dated July 23, 2001) from Robert and Michelle Bretz (see
Attachment 7). The letters state that the house and accessory dwelling unit are out of scale with the
neighborhood. Other concerns were raised about whether or not there is adequate parking, size and
bulk standards and requirements, the renting of the ADU itself, and "undersize lot modifications" in
relation to other lots in the neighborhood.
D. STAFF ANALYSIS:
The accessory dwelling unit is located within a newly constructed house which meets the bulk and
zoning requirements for the neighborhood per the Edmonds Community Development Code (ECDC)
Chapter 16.20. Staff has determined that the ADU does maintain the appearance of a single-family
residence in accordance with 20.21.030, which specifies the criteria for accessory dwelling units. The
design of the ADU has been incorporated into the design of the principal dwelling unit. The primary
Page 2
Groset ADU
File No. ADU-2001-75
entrance to the ADU is located in such a manner to be unobtrusive when viewed from the street. Only
one electric and one water meter is allowed for the entire building. The Engineering Department has
also determined that there will be sufficient parking available for both the ADU and the single-family
residence.
The property is zoned RS-8. The minimum lot size for this zone is 8,000 square feet. The current
property at 8506 Bowdoin Way is 40,700 square feet. However, the project site is also designated as
"Lot 1" of an approved 4-lot short plat (S-99-220, approved March 4, 2000). No lot modification has
been made for the property, and the lot meets the minimum lot area for the zone in which it is located.
Although apparently not yet recorded, the house and ADU together would total 32% lot coverage for
the proposed Lot 1. The maximum allowed lot coverage is 35%. The proposed new single-family
residence and the ADU both meet setback requirements for Lot 1. Staff has determined that the
single-family residence and the ADU together meet the minimum development standard requirements
as set forth in Chapter 16.20 and Chapter 20.21 of the Edmonds Community Development Code,
whether or not the approved short plat is finally recorded.
E. DECISION: Approved with the following conditions:
1. This permit shall expire automatically if any of the following issues arise:
a. The property owner fails to obtain a building compliance permit and or fails to pass
compliance inspection for the Accessory Dwelling Unit.
b. The property owner ceases to reside in either the primary residence or the accessory
dwelling unit or the current (or future) owner fails to file the affidavit required under
ECDC 20.21.025.A.1. (see Attachment 5)
2. The Covenant regarding Accessory Dwelling Units must be completed and recorded against
the property in Snohomish County subject to applicable fees. (see Attachment 6).
3. One copy of the recorded covenant must be provided to the Development Services
Department within one week of recording.
4. Prior to any remodel/construction, a compliance permit or building permit and inspection
through the City Building Division is required.
5. The Accessory Dwelling Unit permit is transferable to new owners of the subject property
unless there is a violation of any conditions of approval. All new owner(s) must file the
ADU affidavit as required in section 1-b as listed above.
F. REQUEST FOR RECONSIDERATION:
Section 20.95.050.B.2. provides for Staff to reconsider his decision or recommendation if a written
request for reconsideration is filed by the applicant within fourteen (14) working days of the date
of the initial decision. The reconsideration request must cite specific references to the findings
and/or the criteria contained in the ordinances governing the type of application being reviewed.
G. APPEALS:
Section 20.105.010.A describes how appeals of a Staff decision shall be made. The appeal shall
be made in writing, and shall include the decision being appealed along with the name of the
project applicant and the date of the decision, the name and address of the individual or group
appealing the decision, their interest in the matter, and reasons why the appellant believes the
decision to be wrong. The appeal must be filed with the Development Services Director within
Page 3
Groset ADU
File No. ADU-2001-75
fourteen (14) calendar days after the date of the decision being appealed. Appeals are presented to
the Hearing Examiner.
H. TIMEFRAMES:
The time limits for Reconsiderations and Appeals run concurrently. If a request for
reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for
filing an appeal is stopped until a decision on the reconsideration request is completed. Once the
staff has issued their decision on the reconsideration request, the time clock for filing an appeal
continues from the point it was stopped. For example, if a reconsideration request is filed on day 5
of the appeal period, an individual would have 9 more days in which to file an appeal after the staff
issues their decision on the reconsideration request.
I. NOTICE OF PERMIT REVIEW:
Once registered, an ADU shall enjoy all the protections and privileges afforded to a
nonconforming building under the provisions of ECDC 17.40.020, provided, however, that such
ADU shall be subject to the permit review requirement of ECDC 20.100.040 to the end that the
City Council reserves the right to impose additional conditions on the continued use and
occupancy of the formerly illegal ADU if it is found to constitute a nuisance or present a hazardous
condition, or to revoke such registration and permit if a nuisance or hazardous condition relating to
the ADU is not abated.
G. ATTACHMENTS:
1.
Vicinity Map
2.
Application
3.
Floor Plan
4.
Site Plan
5.
Affidavit
6.
Covenant
7.
Letters
I have reviewed the application for Compliance with Accessory Dwelling Units pursuant to ECDC
20.21.030. This Decision shall become final on date of staff signature.
This application for Accessory Dwelling Unit Permit is complete.
3-1.0/
Chanda Earhart, Planning Division Date
PARTIES OF RECORD:
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1
Attachment 1
File No. ADB-2001-75
city of edmonds
development information
RECEIVED
JON 18 2001
PERMIT COUNTER
❑ ARCHITECTURAL DESIGN REVIEW FOR OFFICIAL USE ONLY
❑ COMPREHENSIVE PLAN AMENDMENT
❑ CONDITIONAL USE PERMIT FILE #���-�� ZONE
❑ HOME OCCUPATION DATE 14I a r REC'D BY
❑ FORMAL SUBDIVISION ( -17 Cl 5
❑ SHORT SUBDIVISION FEE �� RECEIPT #
❑ LOT LINE ADJUSTMENT HEARING DATE
❑ PLANNED RESIDENTIAL DEVELOPMENT
❑ OFFICIAL STREET MAP AMENDMENT ❑ HE ❑STAFF ❑ PB ❑ ADB ❑ CC
❑ STREET VACATION
❑ REZONE
❑ SHORELINE PERMIT JOWL
OW S
❑ VARIANCE / REASONABLE USE EXCEPTION
OTHER: � !Oyl
PROPERTY ADDRESS OR LOCATION .5--t% t, 13 0 "; :? D N"
PROJECT NAME (IF AP+PLICABLE)
PROPERTY OWNER J b d 67604 �—: PHONE # 7y,j 7 -7` - 1 73J1
ADDRESS ��5 I% & 0 C,) >� f A/r�d�
E-MAIL ADDRESS `� FAX #
TAX ACCOUNT # 6 13 7 000 Z- G SEC. TWP. RNG.
DESCRIPTION OF PROJECT OR PROPOSED USE
APPLICANT O ly 6? fe 0 S Cr - PHONE # � -2, - % 71 - 7
ADDRESS J--Z,(- 6 � "J P 0 //V L✓ /`t `%
E-MAIL ADDRESS FAX #
CONTACT PERSON/AGENT O L- It 62 iey -S C % PHONE # T L E - %2 9 -6Y Z I
ADDRESS 6 )� 0C J P v / /,j (�
E-MAIL ADDRESS FAX # ! fJ 7— S - 7 76 - 7I
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on 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 part upon false, misleading,
inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and ex hi i ewith submitted are true and correct to the best of my
knowledge and that I am authorized to file this a scat on the be alf of the owner as listed below.
SIGNATURE OF " °a PP4:-itiHry r/AGENT DATE
Property Owner's Authorization
By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use
application, and grant my permission for th ublic officials and the staff of the City of Edmonds to enter the subject
property for the purposes of inspe Zaposting attendant to this application. f�
SIGNATURE OF OWNER DATE
This application m was revised on 1/27/00. To verify whether it is still current, call (425) 771-0220.
LALIBRARYTLANNING\Forms & Handouts\Public Handouts\Land Use Application.doc Attachment 2
- ---, - -.1 --W& a %on ASAUU11 Watiung variance or othei,
administrative deviation (hereinafter "variance"'
must be specifically called out and identified
W J* A— Approval dj
of any plat or plan containing
provisions which do not comply with city code
4a 011 and for which a variance has not been'
specifically identified, requested and ,considered
by the appropriate city official in accordance
4 with the appropriate provision of city code or
state law does not app ve nyitems not to code
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LOT 1 - 8506 BOWDOIN
GROSET CONSTRUCTION
WAY
18609 76th Avenue West, Suite B
Lynnwood, WA. 98037-4149
design
RKR
325 3RD AVENUE SOUTH
Phone: (425) 697-5108
Fax: (425) 697-4506
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EDMONDS, WA 98020 -
778-4824
dwg. GROSMPLOTPLAN
DATE: 8/15/2000
Attachment 4
ACCESSORY DWELLING UNIT AFFIDAVIT
On my oath, I certify that I reside at P,,� n <, Q 0 (V , Edmonds, Washington, in
the primary or accessory dwelling unit for more than six months of every year.
Assessor's Parcel Number: 01 q .- c-, c o --y 6 : , - 0 c 0 q
STATE OF WASHINGTON )
COUNTY OF SNOHOMISH )
Subscribed and sworn to before me this
c
Residing at
day of
ashiRgton
so
• \OTARY
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ADUAFFI DAVIT. DOC Attachment 5
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RECEIVED
JUN 18 2001
PERMrr couNTEp
ACCESSORY DWELLING UNIT COVENANT
Property Address: 8s E C. fl-, 0 w A w
Edmonds, Washington
Assessor's Parcel Number: G 1 a 0 -- 0 0 Z— oy o` f
Legal Description:
I, the undersigned, have attained approval for an accessory dwelling unit (ADU) at the
property address above, in accordance with the provisions of Chapter 20.21 (Accessory
Dwelling Units) of the Edmonds Community Development Code.
I agree and understand that it is my responsibility to notify all future property owners or long-
term lessors of the existence of the ADU and that its existence is predicated upon the
occupancy of either the ADU or primary dwelling unit by the owner of the property.
Additionally, I will notify all prospective buyers of the limitations on use and maintenance of
the ADU as stipulated in Chapter 20.21 (Accessory Dwelling Units) of the Edmonds
Community Development Code. An example of the limitations of the ADU per Chapter
20.21 is the property owner is required to reside in the primary or accessory dwelling unit for
6 months out of every year.
Finally, this covenant shall be recorded in order to notify all current and future property
owners that if any conditions of the ADU approval are violated, the property owner will be
required to remove all improvements which were added to convert the primary dwelling unit
into an ADU and restore the site to a sin, - ily dwelji g �.
Property Owner Signature:
Print Name:
Property Owner Signature:
Print Name:
Date: -- - c'O
STATE OF WASHINGTON )
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that J C-) �zc) E_ T
signed this instrument and acknowledge it to be his/her free and voluntary act for the uses and
purposes mentioned in this instrument.
Notary's pressure seals must be smudged. Dated: _//M� v
Signature of
'r .'< Notary Public:
Q VA 1� f .� S/�N/� /Ll PLLL�LL(4 ty
= Residing at:
`" �1.► at My Appointment
t
�; ' Expires:
THIS DOCUMENT MUST BE RECORDED WITH THE SNOHOMISH COUNTY AUDITOR.
Attachment 6
RECEIVED
Chanda Earhart JUL ? 3 2001
Assistant Planner
City of Edmonds PERMIT COUNTER
121 5t" Avenue North
Edmonds, WA 98020
RE: Application for approval of an existing ADU File #ADU2001-75
Property Location: 8506 Bowdoin Way
Chanda:
I have the following concerns on the proposed ADU at 8506 Bowdoin:
1) This property is new construction so why wasn't the permit required prior
to construction? The builder on this property is a local builder and is
aware of the permit requirements and procedures; therefore, we would
have to conclude that he knowingly built an illegal ADU to circumvent the
public process. The ADU should not have been allowed to be built
without the proper approvals. If the proper procedures had been followed
the neighbors would have had the opportunity to review and possibly
change the exterior appearance to better fit the character of the
neighborhood. We (the neighbors) have now lost this opportunity. I
realize the City may have charged him double permit fees etc. but in no
way does this compensate the neighbors. We are now stuck with this
structure, which does not fit the surrounding neighborhood, nor does
it maintain the character of a single-family residence. Now the builder
wants forgiveness for what it appears to be an intentional act to deceive
the city and the neighboring residents by circumventing the process.
2) From its exterior appearance, the size of the ADU appears to be much
larger than the 800 feet maximum. Again, this should not have been built
without going through the proper process. As designed and built it does
not fit the character of the surrounding single-family neighborhood.
3) Since the driveway and parking areas have not been paved it is difficult to
determine if the parking complies with the ADU parking requirements.
Before any ADU is approved the parking area should be paved to ensure
compliance. Especially since, it would appear based on this experience,
that the builder has a difficult time complying with the city's published
guidelines and regulations.
I feel the ADU permit should be denied due to the reasons mentioned above and
the illegal unit removed, with the necessary structural and architectural changes
necessary (e.g. removal of the 2"d entrance) to have the structure look and
function as a single-family residence. This builder knowingly built an illegal ADU
Attachment 7
dwelling. There should be no forgiveness for this action. If you want to build in
Edmonds you should comply with the Edmonds city codes and procedures. The
dwelling is poorly incorporated into the design of the principal residence and the
appearance of the structure does not fit the character of the surrounding
neighborhood.
If you need any further information, please feel free to contact us.
Sincerely,
fte
Fe eO
Notice of Development Application mile # ADU 2001-75 MF,vT
Robert J. Bretz sF9�Ices
21304 84"' West
Fdmonds, WA 98206
425-776-1193
City of Edmonds Development Services Dept
121 5`h Avenue North
Fdmonds, WA 98020
425-771-0220
Chanda Earhart
This letter is in regards to Notice of Development Application File H ADU 2001-75.
The first point I would like to make is that this residence at 8506 Bowdoin Wav was built
from the start to include the ADU and not the way the ADU permit application was
intended. In my opinion the ADU Permit was to allow existing residences to modify their
house to accommodate extended family to reside with them or to allow households to
supplement there income to help offset the rising cost of home ownership. The ADU was
enacted to allow established residences to change the use of there homes because homes
where not built with the same huge square footage (3,000 sq ft) that the house at 8506
Bowdoin Way was. Allowing the use of an ADU in this size ofa, house „ an open invite
to allow unscrupulous homeowners/builders to build an oversize house and rent out the
extra space.
The second point is that this lot has been subdivided and undersize lot modifications
allowed to help accommodate the builder ((jrosset Construction) father of.-Joi; Gresset
owner of the residence. In my opinion we have accommodated the city's need for higher
density housing by allowing the variances to this property and now a;asked again
to allow higher density housing to this neighborhood.
In my opinion I do not think an ADU should be allowed at this residcnc-7. rhar-k you
for time and effort in this matter.
Respeci.fu
Robert J. retz
Attachment 7