20100830144607093.pdfAugust 30, 2010
tl. F E 11M N GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH e EDMONDS, WA 98020 ® 425-771-0220 m FAX 425-771-0221
Website: www.d.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
John Straub
Alicia & Sekou Kone
Charlene Ellis
20427 86"' Place West
Edmonds, WA 98026
Subject: Variance application PLN20100063
Mr. Straub et al,
I have reviewed your application for a variance to allow an enclosed lean-to structure that encroaches into
the rear setback of the property at 20427 86"' Place West to remain. In your application materials, you
indicated that this structure has been in place since 1968. The City of Edmonds nonconforming code
located in Edmonds Community Development Code (ECDC) 17.40 has changed since the issue of the
lean-to was first raised with the City and the lean-to may be considered a nonconforming structure.
ECDC 17.40,020.A defines a nonconforming building as:
A nonconforming building is one which once met bulk zoning standards and the site development
standards applicable to its construction, but which no longer conforms to such standards due to the
enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such
ordinance in the case of a structure annexed to the city. Subject to the other provisions of this section,
an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming
if*photographic or other substantial evidence conclusively demonstrates that the accessory building
existed on or before January 1, 1981. In the case of a property that was annexed after January 1,
1981, then the date shall be that of the effective date of the annexation of the city of Edmonds. Such
presumption may be overcome only by clear and convincing evidence.
According to ECDC 17.40.020A and ECDC 17.40.020.H (which contains similar language), if you can
provide "photographic or other substantial evidence" that the lean-to existed on or before January 1, 1981,
the structure will be presumed to be a nonconforming building and a variance application will not be
necessary for the lean-to to remain. If you can provide this evidence, please do so by September 21,
2010, or I will begin to process the variance application.
Please feel free to contact me if you have any questions, 425-771-0220, lien a,ei.edmonds.wa.us.
Sincerely,
C
Kernen Lien
Associate Planner
Cc: Leonard Yardberry, Building Official
Incorporated fit.agus( 1 i , 1(nA'9'i
Sister City - Hekinan, Japan