Ordinance 37810006.90000
WSS /gjz
10/9/09
ORDINANCE NO. 3781
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECDC
17.40.020(D)(3) NONCONFORMING BUILDINGS AND /OR
STRUCTURES TO CORRECT A SCRIVENER'S ERROR, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City Council approved Ordinance 3696 which provides for
intrusions such as bay windows in the non - conforming setback, and
WHEREAS, this ordinance was originally brought forward to address
architectural detail added in both side yard and street setbacks, and
WHEREAS, the staff's presentation to the Council Committee, to the Planning
Board, and to the full Council intended to permit features such as bay windows to "encroach into
a non - conforming setback not more than thirty (30) inches," and
WHEREAS, on the recommendation of the City Attorney, the language was
amended to include another qualifier "... or one -half the distance from the property line" in order
to avoid impacts to adjacent properties from such intrusion in side yard setbacks, and
WHEREAS, the original purpose of the amendment has been subverted by
including a limitation to protect adjacent properties in a provision that is applicable only to
nonconforming setbacks adjacent to access easements and public rights of way, and
WHEREAS, the City Council deems it to be appropriate to correct this error as
within the range of alternatives considered by the Council and at public hearing, NOW,
THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECDC 17.40.020(D)(3) is hereby amended to read as follows:
17.40.020 Nonconforming buildings and /or structures.
D. Maintenance and alterations.
3. In an effort to provide modular relief, minor architectural
improvements in commercial and multi - family zones may
encroach into the nonconforming setback adjacent to an access
easement or public right of way not more than 30 inches. Minor
architectural improvements may also be permitted in
nonconforming side or rear yard setbacks only if they intrude not
more than 30 inches nor one -half of the distance to the property
line, whichever is less." "Minor architectural improvements" are
defined as and limited to bay windows, eaves, chimneys and
architectural detail such as cornices, medallions and decorative
trim. Such improvements shall be required to obtain architectural
design review. Nothing herein shall be interpreted to exempt such
improvements in compliance with the State Building and Fire
Codes.
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.
APPRO D:
A.
MA OR RY HAAKENSON
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ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF H Y AT RNEY:
BY U)
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01 -29 -2010
PASSED BY THE CITY COUNCIL: 02 -02 -2010
PUBLISHED: 02 -07 -2010
EFFECTIVE DATE: 02 -12 -2010
ORDINANCE NO. 3781
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SUMMARY OF ORDINANCE NO. 3781
of the City of Edmonds, Washington
On the 2nd day of February, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3781. 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 ECDC 17.40.020(D)(3) NONCONFORMING BUILDINGS AND /OR
STRUCTURES 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 3rd day of February, 2010.
CITY CLERK, SANDRA S. CHASE
{WSS745120.DOC;1 \00006.900000\ 1- 4 -
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
and that said newspaper was regularly distributed to its subscribers during all of said period_
Subscribed and sworn to before 1ne this 8th
,.
day of February, 2 0
FEB 2010.
vr3 M Notary Public in a fort e Staler -- tias}tlt%wiin,<rest at erett, Snohomish
j.
Account Name: City f Edmonds 6� 4416 er ~_ "' �� N`� �- rder Number: 0001684512
ty Account Number:
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
x ' _
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
o
circulation in said County and State; that said newspaper has been approved as a legal
°c. 189
newspaper by order of the Superior Court of Snohomish County and that the notice
SUMMARY OF ORDINANCE NO: 3781
o the rty of dmonds, ashington
On the 2nd day of February, 2010, the City Council of the City of
Edmonds, passed Ordinance No. 3781. A
summary of the content
of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
Summary of Ordinance No. 3781
AMENDING THE PROVISIONS OF ECDC 17.40.020(D ((3 NOW
CONFORMING BUILDINGS AND /OR STRUCTURES IT8 GOR=
,amending the Provisions of ECDC 17.40.020(D)(3)
R A R E E R R, AND FIX N IME WHEN
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of February, 2010.
CITY CLERK, SANDRA
j Published: February 7.2010 S. gJASE
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:
February 07, 2010
and that said newspaper was regularly distributed to its subscribers during all of said period_
Subscribed and sworn to before 1ne this 8th
,.
day of February, 2 0
FEB 2010.
vr3 M Notary Public in a fort e Staler -- tias}tlt%wiin,<rest at erett, Snohomish
j.
Account Name: City f Edmonds 6� 4416 er ~_ "' �� N`� �- rder Number: 0001684512
ty Account Number: