PLN2021-0036 Code interpretationMEMORANDUM
Date: August 18, 2021
To: Interpretations File No. 2021-1 \
From: Rob Chave, Interim Development Services DirectoV N
Subject: Wheeled trailers and setbacks
Date Issued/Posted: AUGUST 25, 2021
Effective Date: SEPTEMBER 8, 2021 (unless appealed in a timely manner)
ISSUE OUTLINE
A homeowner was recently subject to code enforcement after he placed a storage shed on the
ground within a required setback area. Consistent with the Edmonds Community Development
Code (ECDC), the City required that the detached accessory structure be moved to comply with
the setbacks for a corner lot in the Single Family Residential (RS-12) zone — 25 feet from the two
street property lines and 10 feet from the two opposite side property lines. Rather than
immediately comply, the homeowner has asked whether the shed, if removed from the ground
and then mounted on a chassis with wheels, would still have to meet the required setbacks:
If the non -compliant structure is converted to a travel trailer (as defined by RCW
46.04.623) and is a properly licensed, legally transportable vehicle upon highways and
public rights of way, would said travel trailer, if placed within a side setback (side yard),
and if properly contained within an applicable screening area be in compliance with ECC
1 Z 60. 040(8), (D) ?
APPLICABLE CODES
"'Travel trailer" means a trailer built on a single chassis transportable upon the public streets and
highways that is designed to be used as a temporary dwelling without a permanent foundation
and may be used without being connected to utilities.' [RCW 46.04.6231
"'Motor vehicle" means a vehicle that is self-propelled or a vehicle that is propelled by electric
power obtained from overhead trolley wires but not operated upon rails.' [RCW 46.04.3201
"Setback means the minimum distance that buildings/structures or uses must be set back from a
lot line, excluding up to 30 inches of eaves." [ECDC 21.90.020]
"Structure means a combination of materials constructed and erected permanently on the ground
or attached to something having a permanent location on the ground. Not included are residential
fences less than six feet in height, retaining walls, rockeries, and similar improvements of a minor
character less than three feet in height." [ECDC 21.90.150)
"Building means any structure having a roof, excluding all forms of vehicles even though
immobilized." (See also, Accessory Building and Completely Enclosed Building.) [ECDC 21.10.040]
"Use means the purpose land or building or structures now serve or for which they are occupied,
maintained, arranged, designed, or intended." [ECDC 21.105.0201
"Trailer means a vehicle designed for short-term living, small enough to be towed by a standard
automobile." [ECDC 21.100.060]
"Required front yard" means the entire lot area between the street lot line and the minimum
street setback distance as identified in ECDC 16.20.030." [ECDC 17.60.005]
"No more than four motor vehicles shall be parked outdoors in the front yard of a residential lot.
Each motor vehicle must be currently licensed and operable.
1. Exemptions.
a. This regulation does not apply to:
i. Motor vehicles when parked in a completely enclosed building or carport, or in a rear
yard and screened from adjacent properties and the public right-of-way by a five-foot
opaque fence or by a vegetative barrier that is between five feet and eight feet in height
and provides a visual barrier equivalent to an opaque fence. Corner lots and flag lots which
have no rear yard may establish a screening area which qualifies for this exemption in a
side yard,
ii. Temporary parking for a duration not to exceed 24 hours;
iii. Multifamily building or other complex with an approved building and parking plan;
iv. Permitted construction areas; or
v. Motorcycles or mopeds." [ECDC 17.60.040.A]
"No more than two recreational vehicles of any kind may be parked outside an approved enclosed
structure anywhere on a property. If the recreational vehicle cannot be stored as described in
subsection (D) of this section due to site constraints, the recreational vehicle shall be parked off
site during those extended times when not in use. Only one side yard may be used for storage of
recreational vehicles. For the purposes of this chapter, "recreational vehicle" means a vehicular -
type unit primarily designed for recreational camping or travel use that has its own motive power
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or is mounted on or towed by another vehicle. The units include travel trailers, fifth -wheel trailers,
folding camping trailers, truck campers, and motor homes." [ECDC 17.60.040.61
"An intact, appropriately licensed and operable vehicle may be parked or stored outside a
structure in the manner provided below:
1. In a front yard, up to four motor vehicles, provided that the vehicle is on a driveway or other
improved parking surface. The improved surface in the front yard shall not exceed 50 percent
of the required front yard area and the driveway for a two -car garage shall not be wider than
24 feet and for a three -car garage shall not be wider than 30 feet, unless otherwise approved
by the city engineer for public safety purposes.
2. In a side yard or rear yard, provided all vehicle parts and accessories, including but not
limited to containers of oils and fluids, shall be stored in a completely enclosed building and
in compliance with all health regulations and provisions of state and federal law." [ECDC
17.60.040. D]
"All open storage shall be located in either the side or rear yard and screened by a solid fence or
vegetative barrier at least five feet in height." [ECDC 17.60.030.H]
ANAI vSIC
Buildings, structures and uses cannot be located within a required setback area, unless otherwise
excepted. There are exceptions for eaves, chimneys, and uncovered steps and decks (ECDC
16.20.040.13 and C) but a detached accessory building like a shed is not excepted so it is clear it
cannot be located within a required setback.
Motor and recreational vehicles are not 'buildings' according to ECDC 21.10.040; they are
elements in a separate class whose location is regulated in ECDC 17.60. Motor and recreational
vehicles may be located within required setbacks under certain circumstances identified in ECDC
17.60.040.
A shed attached to a wheeled chassis is not a 'travel trailer', 'trailer', nor 'recreational vehicle'.
Nor is it similar to elements in that class since its primary purpose is not for travel or camping but
for storage. A shed attached to a wheeled chassis cannot be inhabited. A shed attached to a
wheeled chassis is also not a 'motor vehicle' since it is not self-propelled.
If a shed attached to a wheeled chassis does not fit in any of the classes above, where does it fit?
In appearance, it would be unique. In function, it would be similar to a tow -behind toy hauler
that might transport ATVs or snowmobiles, a horse trailer, or a boat on a trailer. Each of those is
associated with single-family residential uses but where can they be kept on a residential lot?
Those elements and similar combinations of materials like wood piles would be considered
subject to the requirements for open storage. As noted in ECDC 17.60.030.H, open storage is
allowed on residential lots but must be located in either a side or rear yard and be screened by a
solid fence or vegetative barrier at least five feet in height.
3
THEREFORE, THE FOLLOWING INTERPRETATION IS HEREBY ISSUED:
A SHED ATTACHED TO A WHEELED CHASSIS IS SUBJECTTOTHE OPEN STORAGE REQUIREMENTS
IN ECDC 17.60.030.H AND MUST BE LOCATED IN EITHER THE SIDE OR REAR YARD AND BE
SCREENED BY A SOLID FENCE OR VEGETATIVE BARRIER AT LEAST FIVE FEET IN HEIGHT.
APPEAL PROCDURE
Pursuant to Edmonds Community Development Code (ECDC) Section 20.01.003(A), formal
interpretations of the text of the ECDC by the director or designated staff are appealable as Type
II decisions.
Should anyone wish to appeal this interpretation, a written appeal, accompanied by the required
appeal fee (see Planning Division fee handout) must be submitted within 14 calendar days of the
date of issuance/posting of this interpretation. M
The deadline for filing an appeal of this interpretation is: 4.3".M. ON SEPTEMBER 8, 2021.
A written appeal must contain the following:
1. The appellant's name, address and phone number;
2. A statement describing the appellant's standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. The appellant's statement of grounds for appeal and the facts upon which the appeal is
based with specific references to the facts in the record;
5. The specific relief sought;
6. A statement that the appellant has read the appeal and believes the contents to be true,
followed by the appellant's signature.
Notice: 1) Published in the Everett Herald
2) Posted at Edmonds City Hall, 2nd Floor — Development Services Department
3) Posted at Public Safety Complex, 121 5th Ave N
4) Posted at Edmonds Library
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CITY OF EDMONDS MyBuildingPermit.com
Land Use Application #991729 - Accessory Structure to Travel Trailer Conversion
Applicant
First Name Last Name Company Name
Patrick Trivett Law Offices of Patrick M. Trivett, PLLC
Number Street Apartment or Suite Number E-mail Address
20507 Maplewood Drive patrick.trivett@gmail.com
City State Zip Phone Number Extension
Edmonds WA 98026-6673 4253271331
Contractor
Company Name
Number Street Apartment or Suite Number
City State Zip Phone Number Extension
State License Number License Expiration Date UBI # E-mail Address
Project Location
Number Street Floor Number Suite or Room Number
20507 MAPLEWOOD DR 1
City Zip Code County Parcel Number
EDMONDS 98026 00900100000501
Associated Building Permit Number Tenant Name
Additional Information (i.e. equipment location or special instructions)_
Work Location
Property Owner
First Name Last Name or Company Name
Patrick Trivett
Number Street Apartment or Suite Number
20507 MAPLEWOOD DR
City State Zip
EDMONDS WA 98026-6673
Certification Statement - The applicant states:
I certify that I am the owner of this property or the owner's authorized agent. If acting as an authorized agent, I further certify that I have full power and
authority to file this application and to perform, on behalf of the owner, all acts required to enable the jurisdiction to process and review such application. I
have furnished true and correct information. I will comply with all provisions of law and ordinance governing this type of application. If the scope of work
requires a licensed contractor to perform the work, the information will be provided prior to permit issuance.
Date Submitted: 7/15/2021 Submitted By: Patrick Trivett
Page 1 of 2
i
CITY OF EDMONDS MyBuildingPermit.com
Land Use Application #991729 - Accessory Structure to Travel Trailer Conversion
Project Contact
Company Name: Law Offices of Patrick M. Trivett,
PLLC
Name: Patrick Trivett Email: patrick.trivett@gmail.com
Address: 20507 Maplewood Drive Phone #: 4253271331
Edmonds WA 98026-6673
Project Type Activity Type
New New Development Activity
Scope of Work
Project Approval
Project Name: Accessory Structure to Travel Trailer Conversion
Formal code interpretation as to whether the conversion of an alleged "accessory structure"
Description of currently located within a side -setback to a travel trailer by placement upon a validly licensed
Work: chassis, to be placed back within said side -setback area is in conformance with applicable
Edmonds City Code.
Project Details
Development Type
Land Use
Page 2 of 2
MyBuildingPermit.com
Jurisdiction: Edmonds
Project Name: Accessory Structure to Travel Trailer Conversion
Application ID: 991729
Supplemental Name: Land Use Application
If this is a new parcel or lot that does not yet have an address or a County tax account number, please describe the property and its location
(otherwise, you may skip this question):
Please describe the project and/or proposed use(s) you are seeking approval for with this application (you can upload a more detailed
file/letter later in the application, as necessary):
Formal code interpretation as to whether the conversion of an alleged "accessory structure" currently located within a side -setback to a travel
trailer by placement upon a validly licensed trailer chassis, to be placed back within said side -setback area is in conformance with applicable
Edmonds City Code.
Check the boxes indicating all of the related approvals you are seeking for this project (including this application). NOTE THAT A SEPARATE APPLICATION IS
REQUIRED FOR EACH APPROVAL.
Other (not listed)
Supplemental Name: Applicant Certification - Planning
The 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. The property affected by the application is in the exclusive ownership of the applicant or that the
application has been submitted with the consent of all owners of the affected property.
I certify, under the penalty of perjury under the laws of the State of Washington, that the information and exhibits herewith submitted
are true and correct to the best of my knowledge and that I am authorized to file this application on behalf of the owner of the subject
property.
I do so certify.
Vn n � '� PATRICK, ANN, GRACE & JACQUELINE
w 20507 MAPLEWOOD DRIVE
EDMONDS, WA 98026
�MD /]425.327.13311206.819.2136
PATRICK.TRIVETT@GMAIL.COM I ANN@FATE.NET
SENT BY ELECTRONIC/FACSIMILE TRANSMISSION TO AVOID DELAY
July 15, 2021
Attm Planning Dept.
City of Edmonds
121 5'h Ave N
Edmonds, WA 98020
RE: Code Violation Complaint No. COD2021-0036
Dan. good ing(o-)-edmondwa.gov
Michael.clugston(a)edmondswa.gov
Formal Interpretation of Applicable City Codes
Conversion of Accessory Structure to Travel Travel to be located within setback
Dear Gentleperson:
For background and informational purposes only: The alleged "accessory structure" which
is the source of the aforementioned code violation, was placed upon the real property
generally known as 20507 Maplewood Drive, Edmonds, Washington on or about March
18, 2021.
At the time of its construction, said structure was placed within the side setback of the
aforementioned address for initial storage purposes only, with the intended goal of
moving said structure back into the driveway of said premises (outside of side and front
setbacks for a corner lot), to be then placed upon a validly licensed travel trailer chassis.
See Exhibit A, Illustrative Overhead Photo of Relocation Area.
Once the structure is placed and attached to said chassis (See Exhibit 8, Photo of Trailer
Chassis), the fully attached trailer and structure would be used as a validly licensed
travel/recreational trailer. At no time herein relevant would said travel trailer be used for
habitation such as lodging, guest housing, or any other type of residential occupancy,
when located within said setback, as prohibited by ECC 17.60.050. The sole purpose of
said travel trailer would be for the storage of tools, equipment and recreational camping
gear. Said trailer would be fully mobile, towable and could be moved to/from the setback
area as necessary/required.
�n n � '� PATRICK, ANN, GRACE & JACQUELINE
w 20507 MAPLEWOOD DRIVE
EDMONDS, WA 98026
MD /](� 425.327.13311206.819.2136
�/ J� PATRICK.TRIVETT@GMAIL.COM I ANN@FATE.NET
Due to a citizen generated complaint made the SAME day as the structure's construction
and initial location placement, we were never afforded the time nor opportunity to place
said structure upon its intended chassis PRIOR to the violation's issuance. Given that no
time was afforded to us to carry forth our intended plan prior to the date of violation, this
issue has arisen. We chose not to go forth with any action to move or install shed upon
chassis until your department has issued a formal code interpretation about our intended
use(s). Such action if deemed improper/unlawful would have caused us to incur
considerable expense and effort without any certainty as to the acceptance of our
proposed future use.
Our property is a corner lot per ECC 16.20.040(E), and thus has no rear setback, but has
applicable street setback of 25' and side setback of 10'.
Based upon my earlier inquiry, our formal code interpretation question is: If the non-
compliant structure is converted to a travel trailer (as defined by RCW 46.04.623)
and is a properly licensed, legally transportable vehicle upon highways and public
rights of way, would said travel trailer, if placed within a side setback (side yard),
and if properly contained within an applicable screening area be in compliance with
ECC 17.60.040(B),(D)? Formally, my inquiry is whether any portion of the side setback
can be used for vehicle storage, irrespective of my alleged violation. Per my own code
review and interpretation, nothing with the ECC appears to prohibit considering a portion
of the property's "side yard" to be EXCLUSIVE of using the side setback area(s) for said
purpose(s). Currently, my property has an existing visual barrier fence, which has suitable
heights in conformance with ECC 17.60.050(A)(1)(a)(i). See photo from Code Violation
letter.
If you have any questions, concerns regarding the foregoing or enclosures, please do not
hesitate to contact us immediately.
Warm Regards,
MAIO'
i �:
Patrick Trivett & Ann Trivett
Owners of 20507 Maplewood Drive
Exhibit A — Overhead Photo of Temporary relocation for chassis installation
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Exhibit B —Travel Trailer Chassis for Installation and Conversion
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