20071017112156.pdfIo C.1801
CITY OF EDMONDS
121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
Website: wwwxi.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
Planning • Building • Engineering
September 8, 2005
William English
21100 Shell Valley Rd.
Edmonds, WA. 98026
Case: 9 ZE-05-69
Subject Property: 21100 Shell Valley Rd., Edmonds, WA. 98026
Dear Mr. English,
Ise
GARY HAAKENSON
MAYOR
Thank you for supplying the letter (enclosed) from Code Enforcement Specialist, Jason Tourtellot
dated March 23, 1999. Mr. Tourtellot did not have the authority to make this decision regarding
the garage apartment nor was he correct in his determination that the garage apartment was "not
illegal". The garage apartment and the lower unit were converted to separate residences without
the required building permits or planning approvals. As you're aware the City had required that
the prior owners remove the lower unit once before. You would be able to apply for an accessory
dwelling unit (ADU) permit which is a secondary use requiring a conditional use permit in a
single family zone.
It is the position of the City that you must do the following in order to bring the property into
compliance.
• Remove the garage apartment and lowerapartmentand maintain a single family
residence at the subject property. Permits and inspections would be required to verify
that the duplex or triplex units no longer exist. Or;
• Submit an application and obtain approval for an ADU for the garage conversion. Please
note that either the primary dwelling or ADU shall be owner occupied per Edmonds
Community Development Code (ECDC) 20.21.030.F.
• Obtain a building compliance permit for the garage ADU conversion and obtain final
building approval for the ADU unit.
• The upper part of the main residence must have unrestricted access to the lower part. To
be specific, the lower part can not be used as a separate dwelling. Anyone occupying the
upper or lower area shall have perpetual unfettered access to the entire dwelling (except
the garage ADU) through the main front door. Also, the range in the lower area shall be
removed. If you want to have a downstairs range, a mechanical permit is required and a
second kitchen covenant is required.
• Incorporated August 11, 1890 •
Sister'City Hekinan, Japan
9/8/2005 English, 21100 Shelf Valley Rd., ZE-05-69
o In either option, the separate electrical meters for the lower half of the main residence and
garage unit must be removed leaving one electrical meter for the one residence or one
residence with an ADU per ECDC 20.21.030.D.
If the above corrective actions are completed, approved and maintained,.no further action would
be required. If the above corrective actions are not completed, approved and maintained it would
be necessary to pursue enforcement remedies in compliance with the Edmonds Community
Development Code. Please contact me by September 30, 2005 to advise your compliance plan
and schedule.
A copy of the "use restrictions" recorded at the Snohomish County Auditor's Office that limits
the expansion of the subject property from having two units (duplex) is enclosed for your records.
Complete recorded documents are available at the Snohomish County Auditor's office.
Please find enclosed the Appeal Procedures handout. An appeal of a staff administrative decision
(no. transcript required) to the Hearing Examiner is $230. Please note that an appeal must be
filed within 14 calendar days of the date of the decision being appealed. Thank you for your
cooperation and assistance.
Sincerely,
Mike Thies
Code Enforcement Inspector
thies@ci.edmonds.wa.us
C. Jeannine Graf, Building Official
Rob Chave, Planning Manager
Duane Bowman, Development Services Director
Scott Snyder, City Attorney
I
a
said PUGET SOUND SERVICE C'ORPOKATION, then the responsibility of the
PUGET SOUND SERVICE CORPORATION, as the ARCHITECTURAL CONTROL COMMITTEE, �
shall cease and the then record owners of a majority of the lots shall,..rr
through a duly recorded instrument, reconstitute the membership of sW �y
committee.
ARTICLE VIII V�
USE RESTRICTIONS
(1) The area covered by these covenants iv the entire area described
above. '
(2) Ho lot shall be used except for residential purposes. No building
shall be erected, altered, placed or permitted to remain on any lot other
than on detached single-family dwelling with a private garage except that
Lot 9, Division No. 1, ^.d Lotg 8, -IO and 34, Division No. 2, may contain
six dwelling units with a maximum of two units per structure. These may be
utilized for either duplex or re -platted for condominium purposes. Also
Lots 17 through 23, inclusive, and 26 through 30, inclusive, of Division 2'
may have common trails on the property line where allowable building areas
abut.
(3) Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat. Within
these easements, no structure, planting or other material shall be placed or
perwitted to remain which may damage or interfere with the maintenance of
etilities, or. which may change the direction of flow of drainage channels
in the Easements. The easement area of each lot and all improvements in it
shall be maintained continuously by the owner of the lot, except for those
improvements for which a public authority or utility company is responsible.
(4) No noxious or offensive activity shall be carried on upon any lot
nor shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood.
(5) No structure of a temporary character, trailer, basement, tent,
shack, garage, barn or any other outbuilding shall be used on any lot at any
tive " a residence, either temporarily or permanently.
(6) No goods, equipment or vehicle (including busses or trailers of
any description) shall be dismantled or repaired outside any building or
residential lot.
(7) The land owners at no time shall keep or permit to be kept on their
prasases or @treat area, any house trailer, truck (excluding pick-up trucks
of ane ton or less), campers, mobile homes, boat or boat trailers, unless
housed within a garage or suitably screened from view from the street or park
area, except with the approval of the AaCHITECTURAL CONTROL COMITTEE.
(t) No visible radio or tel*vision antenna shall be permitted without
the written approval of the ARCHITECTURAL OONTROL COMITTEb. All exposed
fireplaces shall be of brick or quarry atone material or the same as the
exterior and evecifically not cement block. OFFtC AL RECORD
7605030255 979 mmW
JUL-08-2005 16:01 BAYSHORE OFFICE PRODUCTS 13602934460 ,P.01/01
fnc. 15gv
March 23, 1999
CITY OF EDMONDS
121 5TH AVENUE NORTH • EDMONDS, WA 48020 • (425) 771-0220 • FAX (425) 771.0221
DEVELOPMENT SERVICES DEPARTMENT
Planning • Building - Engineering
Mr. Hugh & Betty McKenzie
19723 Highway 99 #126
Lynnwood, WA 98036
Dear. M -r. & Mrs. Mckenzie:
BARBARA FAHEY
MAYOR
This letter is to inform you of the most recent status of the land use. complaint against your
property in Edmonds. The complaint was-concerning'the use of a trailer as a residence and an
illegal apartment in the basement of the home. Your land use complaint had been assigned to
zoning enforcement ease file number ZE-98-35.
During my last inspection, I. concluded that the violations of the Edmonds Community
Development Code no longer exist. I was able to verify that the trailer is no longer being used as
a residence and that both the cable and phone leading from the single-family residence to the
trailer have been removed. Also, I verified that the range from the basement apartment and that
the locking door had been removed. Your tenant has also removed the third mailbox from the
home so that a third unit is no longer identified and/or acknowledged. Because the original
design of PRD -1-75 allows for your lot to be used as a duplex, the apartment in the garage is not
illegal.
As a result, I am considering zoning enforcement case file number ZE-98- 35 closed. However,
if the basement or the trailer are used as separate dwelling wets in the future, then I must reopen
.this zoning violation and pursue further enforcement. If you have any questions then please
contact me at (425) 771-0220. Thank you for your cooperation in this matter.
Sine ,
J n Tourteliot
Code Enforcement Specialist-
• Incorporated August 11, 1890 •
RECEIVED TIME JOL. $. 4:02PM---
TOTAL P.01