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Foster8-8-07.pdf August 8, 2007 Herman Foster 1119 E. John St. Seattle, WA. 98102 Case: # ZE-07-215 (2007-0080) rd Subject property: 419 3 Ave. N., Edmonds, WA. 98020 Dear Mr. Foster, The City has received a complaint regarding a vacation rental property developed at the subject property. The Edmonds Community Development Code (ECDC) addresses this land use as follows: 4.72.023 Registration of transient accommodations. It shall be unlawful for any person, partnership or corporation to operate a bed and breakfast establishment or other form of transient accommodation without first registering such accommodation with the city's fire marshal. “Transient accommodation” shall mean any hotel, motel, condominium, resort or other facility regardless of size which offers rental of one or more lodging units on a daily or weekly basis. It shall not include rooms let on month-to-month leases or longer tenancies. Application for a business license shall satisfy the requirements of this section; any transient accommodation exempt from the provisions of this chapter shall register in writing with the fire marshal on a form designated for use by the fire marshal. Violations of this section shall be punishable by a fine of $20.00; each and every day of violation shall constitute a separate offense. \[Ord. 2566 § 1, 1986\]. The ECDC also defines the family type allowed in residential zones as follows: 21.30.010 Families. A. Family means individuals consisting of two or more persons related by genetics, adoption, or marriage, or a group of five or fewer persons who are not related by genetics, adoption, or marriage and none of whom are wards of the court unless such wards are related by genetics, adoption, or marriage to all of the members of such group living in a dwelling unit. B. The term “family” shall include: 1. State licensed adult family homes required to be recognized as residential use pursuant to RCW 70.128.180; 2. State licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusion of subsection (C) of this section; rd 8/9/2007, Foster, 419 3 Ave. N. , ZE-07-215 (2007-0080) 3. Group homes for the disabled required to be accommodated as residential uses pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended. C. The term “family” shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. D. Calculation of Residents. When calculating the number of unrelated persons residing in a single-family dwelling unit, the following rules shall apply: 1. When one or more unrelated persons reside with a family whose members are related by genetics, adoption or marriage, the total number of residents shall not exceed five persons except as provided in subsection (D)(2) of this section. 2. A family unit consisting entirely of persons related by genetics, adoption or marriage may rent a room to a total of two additional renters, or up to two students as a part of a recognized foreign exchange program or similar educational, nonprofit program, or a combination of a renter and such student to a total of two additional persons. The additional renters and/or foreign exchange students, to a maximum of two, shall not be considered when calculating the number of unrelated persons residing in a dwelling unit under subsection (D)(1) of this section. Three or more renters and/or students shall be considered as unrelated individuals and all persons residing in a dwelling unit, regardless of whether a portion of them are related by genetics, adoption or marriage, shall be considered when determining the total unrelated persons residing at a site. 3. Accessory Dwelling Units (ADUs). When an accessory dwelling unit (ADU) is approved pursuant to Chapter 20.21 ECDC, only one of the dwelling units, either the primary residence or the ADU, shall be used to house renters and/or unrelated persons who are students. Occupancy of the ADU shall not exceed one family as defined in subsection (A) of this section. 4. Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. \[Ord. 3571 § 1, 2005; Ord. 3557, 2005; Ord. 3533 § 1, 2005; Ord. 3511, 2004; Ord. 3184 § 1, 1998\]. Corrective actions required: Please contact me at your earliest convenience by August 20, 2007 to respond to this · letter. Please call for an inspection to the Fire Marshall’s office at 425-771-0215 by August 20, · 2007. Upon receipt of this letter, please substantiate in your advertisements and in practice that · your rental property meets the definition of “family” as noted above. A rental arrangement with a group that is calculated as more than five unrelated people is a violation of the ECDC. Thank you in advance for your cooperation and assistance. Sincerely, Mike Thies Code Enforcement Inspector thies@ci.edmonds.wa.us c. John Westfall, Fire Marshall