Ordinance 31530006.900000
WSS /gjz
07/08/97
ORDINANCE NO. 3153
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF SECTION
17.40.030 NONCONFORMING LOTS (D)(5) RELATING TO
THE USE OF LAWFULLY ESTABLISHED
NONCONFORMING LOTS IN SNOHOMISH COUNTY
ANNEXED TO THE CITY IN ORDER TO CORRECT A
SCRIVENER'S ERROR, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, by Ordinance No. 3024, the City Council created a window of
opportunity in order that lots annexed to the City following a specific annexation would have a
two year window of opportunity in order to file a completed building permit application, and
WHEREAS, the City Council believed that the annexation in question was
effective on or about January 1, 1960 and therefore utilized that date in the amendment of
Section 17.40.030 of the Edmonds Community Development Code, and
WHEREAS, the annexation effectuated by Ordinance No. 750 was in fact
effective on December 16, 1958, and
WHEREAS, certain lots made eligible for development by Ordinance No. 750
have been granted building permits and the City Council deems it to be in the best interests of
the City and the fair and equitable treatment of its citizens to correct the scrivener's error
contained in Ordinance No. 3024 in order to accept applications for properties annexed by
Ordinance No. 750, which were submitted in good faith and fully complete on or before the
deadline, NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 17.40.030 Nonconforming Lots, paragraph (D)(5) is hereby
reenacted in order to recognize nonconforming lots created in Snohomish County, to read as
follows:
17.40.030 Nonconforming Lots
(D) (5) The owner of a lot which was lawfully created
under the Snohomish County subdivision zoning laws and
which was annexed to the City of Edmonds on or after
December 16, 1958 may file a fully completed building
permit application for a development lot in accordance with
the provisions of the Chapter and develop the lot if a fully
completed building application to develop said lot was filed
with the City on or before the date established by
Ordinance No. 3024. This paragraph (D)(5) shall sunset
and be removed from the Code two years after the effective
date of the passage of Ordinance No. 3024 and is intended
to provide a window of opportunity for those persons
whose property complies with the provisions of sub section
(D) of this Section but who are barred due to the passage
of time an equal opportunity to develop a lot in accordance
with the provisions of the Code.
Section 2. The code codifier is hereby instructed to remove ECDC Section
17.40.030(D)(5) from the City which has sunseted and expired. A copy of this ordinance shall
be maintained with the City Clerk and the Planning Department. The Planning Department is
authorized to accept and process fully competed building applications submitted in good faith in
accordance with the provisions of Ordinance 3024 and within the time period provided for lots
annexed after December 16, 1958. The purpose of this ordinance is to correct a scrivener's
error relating to the effective date of the annexation effectuated by Ordinance No. 750 in order
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to afford property owners who had otherwise fully complied with the purpose and intent of the
ordinance an opportunity to enjoy the privileges granted thereunder. Section 3.
Severability. If any section, sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitu-
tionality shall not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this ordinance.
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR,
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: 07/10/97
PASSED BY THE CITY COUNCIL: 07/22/97
PUBLISHED: 07/27/97
EFFECTIVE DATE: 08/01/97
ORDINANCE NO. 3153
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SUMMARY OF ORDINANCE NO. 3153
of the City of Edmonds, Washington
On the 22nd day of July , 199 7 , the City Council of the City of Edmonds,
passed Ordinance No. 3153 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF SECTION 17.40.030 NONCONFORMING LOTS (D)(5) RELATING TO
THE USE OF LAWFULLY ESTABLISHED NONCONFORMING LOTS IN SNOHOMISH
COUNTY ANNEXED TO THE CITY IN ORDER TO CORRECT A SCRIVENER'S ERROR,
AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 23rd day of Jul y 199 7
CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOH02vISH,
SUMMARY OF
ORDINANCE'0.3153
of th@ CE N of �
Edmonds, Washington
On the 22nd Cday. of July,
1997, the City Council of the
City. of Edmonds passed)
.Ordinance- No. '315 §. -A sum-
mary. of the content of said)
- ordinance, consisting of thel
title provides as follows:
AN_- ORDINANCE_ OF- THE,
ING LOTS IN SNOHOMISHI THE
COUNTY ANNEXED
CITY IN ORDER TOOCOR.
RECT A SCRIVENER'S. ER-1
ROR; AtfD— FIXING— A -T.IME
WHEN THE SAME SHALL
BECOME EFFECTIVE.
. The full text of, this Ordi-
nanoe will be ,malted, ,upon
request.
DATED -this 23rd day of July,
1997.
SANDRA S':.CHASE
' Cityy.Clerk
Published: July 27, 1997..
I
B_2 -1
Affidavit of Publication
RECEIVED
J U L 9 0 1997
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 3153
....................................................................................................... ...............................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
July 27, 1997
....................................................................................................... ...............................
............................................ ............................... ............................ ........... ............... . ....
and that said newspaper was regularly distributed to its subscribers
during all of said period.
..............a.......:�.. ii /if ................ `..:._..._......_...... ... .... ..r................
Principal Clerk
Subscribed and sworn to before me this .......... 28th
,f� t
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Jul day"o ......1 19 ..97
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Noc in and for th State of Washington,
resverett, Snoho ish C�unty.
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