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Ordinance 35620006.900000 WSS /gjz 9/1/05 ORDINANCE NO. 3562 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 18.70.030 REVIEW (B)(4) RELATING TO CRITERIA FOR STREET USE ENCROACHMENT TO PROVIDE FOR NORMALLY ASSOCIATED RESIDENTIAL USES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City issues encroachment permits to permit certain accessory structures within the public right of way; and WHEREAS, _criteria for approval requires that a proposal benefit the public interest, safety or convenience; and WHEREAS, certain uses of right of way, such as fences, are normally associated with residential property but may not necessarily benefit the public, and and WHEREAS, such uses do not interfere with the public's use of the right of way; WHEREAS, the City Council deems it appropriate to permit adjacent property owners to construct normally attendant residential structures, such as fences, within the public right of way under an encroachment permit when they do not interfere with the public's use, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {WSS613980.DOC;1/00006.900000/} - I - Section 1. The Edmonds Community Development Code, Section 18.70.030 Review (B) Issuance by Development Services Director or City En ineer, relating to criteria for approval is hereby amended to read as follows: 18.70.030 Review. B. Issuance by development services director or city engineer. The development services director, city engineer or their respective designees may administratively, without hearing, approve a street use or encroachment permit if: 4. The proposal (if for an encroachment permit) either benefits the public interest, safety or convenience (e.g., supports or protects the City street, reduces pedestrian hazards) or is an accessory structure such as a fence normally associated with residential use of the property and fully complies with the requirements of paragraphs B.1 through B.3 above. Section 2. 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: MA R A Y H AKENSON ATTEST /AUTHENTICATED : CITY CLERK, SANDRA S. CHASE {WSS613980.DOC;1/00006.900000/} - 2 - APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 3562 09/16/2005 09/19/2005 09/26/2005 10/01/2005 {WSS613980.DOC;1/00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3562 of the City of Edmonds, Washington On the 19th day of September, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3562. 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 18.70.030 REVIEW (B)(4) RELATING TO CRITERIA FOR STREET USE ENCROACHMENT TO PROVIDE FOR NORMALLY ASSOCIATED RESIDENTIAL USES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 201h day of September, 2005 -x coo 3 CITY CLERK, SANDRA S. CHASE { WSS613980.DOC;1/00006.900000/ }- 4 - STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 3562 oTttFe City of monds, Was— on On the 19th day of September, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3562. A summa- ry of the content of said ordinance, consisting of the title, pro- vides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, AMENDING ((T)H)((E)) PROVISIONS OF SECTION STREET. US MENT REVIEW –ENLTi C4HTTO PROVIDE OR NOR- MALLY ASSOCIATED RESIDENTIAL USES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 20th day of September, 2005. CITY CLERK, SANDRA S. CHASE Published: September 26, 2005. Affidavit of Publication S.S. 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. 3562 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: September 26, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. rnnctpai Lteric Subscribed and sworn to before me this 26th < �. Siq �'J day of Septe ber, 2005 V6 9N L.— u, NOTARY a 2005 Notary Public in for he State of Washington, residing at vere t, SnoMMYC OA 9-1 County. 7.2008 EDMONDS CITY CLERK F � Account Name: City of Edmonds Account Number. 101416 Order Number: 0001333467