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20120615093559295.pdfC' I. o June 14, 2012 T Y () 121 5th AVENUE NORTH ® EDMONDS, WA 98020 ® (425) 771-0220 m FAX (425) 771-0221 www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT Rod Wickham 2812 Colby Ave Everett, WA 98201 RE: Application BLD2012-0160 / Rebuild Existing Deck Site: 802 6th Ave S Owners: Jason & Shelly Waram Dear Mr. Wickham, DAVE EARLINC MAYOR This letter is to inform you that the application for the deck at 802 6th Ave South has been denied. Unfortunately the deck does not meet provisions of the zoning code, preventing the planning department from approving the proposed application. Attached is a memo explaining the findings. If you wish to have your application and plans returned, please inform our offices. We will have them available to you for 10 business days. After 10 business days, the plans will be recycled. Sincerely, Leo'.. �. �a ... Leonard Yarberrym�� � Building Official City of Edmonds Encl: memo Cc: file P�ee.a�r°oa acaCr;u: 1ct k.tst 11, 1890 Sister City - Hekinan, Japan 4 To: From: Date: Subject: CITY OF EDMONDS • 1215th AVENUE NORTH ® EDMONDS, WA 98020 PHONE: 425.771.0220 ® FAX: 425.771.0221 9 WEB: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT: PLANNING -BUILDING Leonard Yarberrry, Building Official Mike Clugston; xCssociate Planner June 14, 2012 Waram Deck Permit Denial (BLD -2012-0160) Rob Wickham applied for a building permit to rebuild an existing deck at a house owned by Jason and Shelly Waram at 802 6th Avenue South. While the Building Division was able to approve the plans based on compliance with current building codes, two zoning code issues preclude approval of the subject permit by the Planning Division. Based on the most recent site plan provided on June 5, 2012, most or all of the deck encroaches into the 20' street setback from the Hemlock Way property line, which is required for the RS -6 zone where the parcel is located. [The parcel is a corner lot which has two 20' street setbacks from the north and east property lines and two 5' side setbacks from the west and south property lines.] Since the existing deck does not meet current zoning requirements, the question then is whether the deck is a nonconforming structure with respect to the setback. If it was found to be nonconforming, it could be maintained in accordance with Chapter 17.40 ECDC. To be considered nonconforming, however, an existing structure must meet the definition in ECDC 17.40.020.A: 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. The deck does not meet the standards of this definition. First, the parcel has been in the City for decades and zoned RS -6 since at least 1966 when the parcel was part of a 4 -lot short plat (PLN19660061). Second, neither the applicant nor the homeowners have provided "photographic or other substantial evidence conclusively demonstrating] that the accessory building existing on or before January 1, 1981." The only evidence offered was a letter submitted on June 5, 2012, by the applicant from an 'Edmonds resident' with purported knowledge that the deck was built prior to 1981; that is neither 'substantial' nor 'conclusive' as required by the nonconforming definition. At the same time, aerial photographs maintained by the City dating from 1974 and 1978 do not show a deck in place at those times (the deck appears by 1990 as seen on a Google Earth aerial). Finally, there are no building permit records in the City's files indicating the deck was permitted by the City.