H.E. Decision and Exhibits.pdfr 890 19C5v
CITY OF EDMONDS
250 5TH AVE. N • EDMONDS, WA 98020 • (206) 771-3202
HEARING EXAMINER
FINDINGS AND DECISION
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
IN THE MATTER OF THE APPLICATION
OF IAN MILLER FOR APPROVAL OF A
CONDITIONAL USE PERMIT
LARRY S. NAUGHTEN
MAYOR
FILE: CU-50-89
DECISION: The conditional use permit is granted subject to
the conditions listed.
INTRODUCTION
Ian Miller, 711 Driftwood Place, Edmonds, Washington 98020,
(hereinafter referred to as Applicant), requested approval of a
conditional use permit for an accessory dwelling unit at 711
Driftwood Place, in the City of Edmonds, Washington.
A hearing on the request was held before the Hearing Examiner of
the City of Edmonds, Washington, on July 20, 1989.
At the hearing the following presented testimony and evidence:
Duane Bowman
Planning Dept.
City of Edmonds
Edmonds, WA 98020
Ian Miller
711 Driftwood Place
Edmonds, WA 98020
At the hearing the following exhibits were submitted and were
admitted as part of the official record of this proceeding:
Exhibit 1 - Staff Report
" 2 - Application
" 3 - Vicinity Map/Photographs
" 4 - Site Plan
" 5 - Floor Plans
" 6 - Affidavit of Occupancy
After due consideration of the evidence presented by the Appli-
cant, and evidence elicited during the public hearing, the
following Findings of Fact and Conclusions constitute the basis of
the decision of the Hearing Examiner.
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
HEARING EXAMINER DECISION
RE: CU-50-89 7/31/89
Page 2
FTNnTNr.q
1. The Applicant requested approval of a conditional use permit
for an accessory dwelling unit at 711 Driftwood Place, Edmonds,
Washington. The subject property is zoned RS-12, a single family
zone in which accessory dwelling units are allowed subject to
conditional use permits.
2. The subject property is part of a short plat approved by the
City of Edmonds in 1980 (S-27-80). On the short plat map the lot
was designated as lot 3. The residence on site was constructed in
1985 with building permit #85-0618.
3. It is the intent of the Applicant to install an accessory
dwelling unit in the basement of the residence. Admitted as
Exhibit 4 and attached hereto is a site plan showing the proposed
addition.
4. No exterior work will occur with the development of the
accessory dwelling unit. Entry to the unit will be on the west
end of the house under an existing deck. This entryway will be
separate from the remainder of the house.
5. The Applicant proposes to have an additional garage space for
the resident of the proposed apartment.
6. The Edmonds Community Development Code (ECDC) 20.21 sets
forth the regulations for the establishment of accessory dwelling
units within single family dwellings. ECDC 20.21.005 requires
that a conditional use permit be obtained. In addition to the
criteria for the issuance of a conditional use permit as set forth
in ECDC 20.05. 010, the Applicant must satisfy the criteria for
accessory dwelling units as set forth in ECDC 20.21.030.
7. ECDC 20.05.010 sets forth the criteria for review of a
conditional use permit within the City of Edmonds. That criteria
include:
A. The proposed use must be consistent with the
Comprehensive Plan of the City of Edmonds.
B. The proposed use and its location must be consis-
tent with the purposes of the zoning ordinances and the
purposes of the zone district in which the use is to be
located, and the proposed use meet all applicable
requirements of the zoning ordinance.
HEARING EXAMINER DECISION
RE: CU-50-89 '1/31/89
Page 3
C. The proposed use, as conditionally approved, must
not be significantly detrimental to the public health,
safety and welfare, and to nearby private properties or
improvements unless the use is a public necessity.
D. The Hearing Examiner must determine if the proposed
use is transferable.
8. The Comprehensive Policy Plan Map of the City of Edmonds
designates the subject property as low density residential. The
proposed accessory dwelling unit will be consistent with this
Comprehensive Plan designation and the purposes of the Plan as set
forth in ECDC 15.50.010. It is consistent because it will provide
orderly and coordinated development of the existing building.
9. The requested conditional use permit is consistent with the
purposes of the RS-12 zone. The purposes, as set forth in ECDC
16.60.000 are satisfied because the proposal will reserve an area
for family living in a single family dwelling.
10. The requested conditional use permit will not be detrimental
to the public nor to nearby private properties or improvements.
11. No adverse testimony was received in this matter.
12. The permit is not transferable and is personal to the
Applicant.
13. The Applicant has occupied the residence for over three
years. He will continue to occupy the residence on site. An
Affidavit of Proof of Occupancy was filed.
14. The accessory dwelling unit will be attached to the single
family dwelling unit. It will not be part of a detached
structure.
15. No exterior changes are proposed for the building and the
single family appearance of the house will remain.
16. One electric and water meter will service the building.
These meters will serve both the primary residence and the acces-
sory dwelling units.
17. No parking problems will result from the accessory dwelling
unit. Adequate parking exists on site.
HEARING EXAMINER DECISION
RE: CU-50-89 7/31/89
Page 4
18. No other accessory dwelling unit has been approved for this
site.
19. The Planning Department of the City of Edmonds recommended
approval of the conditional use permit subject to the following
conditions:
A. The Applicant shall obtain a building permit for
the accessory dwelling unit and shall comply with all
permit conditions.
B. The permit is not transferable.
20. The Applicant stated that he was in support of the recommen-
dation as submitted by the City.
CONCLUSIONS
1. The Applicant requested approval of a conditional use permit
for an accessory dwelling unit in an RS-12 zone. The permit is
requested for the property at 711 Driftwood Place, Edmonds,
Washington.
2. The Hearing Examiner of the City of Edmonds has jurisdic-
tional authority to hold a hearing and to issue a decision. This
authority is granted pursuant to ECDC 20.100.
3. Accessory dwelling units are allowed in single family resi-
dential zones pursuant to the provisions of ECDC 16.20.020(D)(4).
4. In order for an accessory dwelling unit to be allowed in an
RS-12 zone a conditional use permit must be secured, and the
criteria for review of conditional use permits must be satisfied.
In addition, the criteria as set forth in ECDC 20.21.020 must be
satisfied. The application satisfies all criteria.
5. The requested conditional use permit does not conflict with
the purposes of the zoning code or the provisions of ECDC
16.20.000.
6. The requested conditional use permit does not conflict with
the Comprehensive Policy Plan Map of the City of Edmonds. It is
consistent with the Plan as set forth in ECDC 15.05.010.
7. The requested conditional use permit will not be detrimental
to the public health, safety and welfare, nor to nearby private
properties or improvements.
HEARING EXAMINER DECISION
RE: CU-50-89 7/31/89
Page 5
8. The criteria of ECDC 20.21.030 are satisfied. These criteria
have been reviewed in the Findings of Facts of this document.
DECISION
Based upon the preceding Findings of Facts and Conclusions, the
testimony and evidence submitted at the public hearing, and upon
the impressions of the Hearing Examiner at a site view, it is
hereby ordered that the requested conditional use permit for an
accessory dwelling unit at 711 Driftwood Place, in the city of
Edmonds, Washington, is granted subject to the following condi-
tions:
1. The conditional use permit for the accessory
dwelling unit is personal to the Applicant and is not
transferable.
2. The Applicant shall obtain a building permit and
shall comply with all permit conditions.
3. The Applicant shall secure all other permits
necessary for the development of the site within and for
the accessory dwelling unit.
Entered this 31st day of July, 1989, pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Community
Development Code of the City of Edmonds.
par
4
SM. DRISCOLLing Examiner
NOTICE OF RIGHT TO APPEAL
Written appeals alleging specific error of fact or other grounds
for appeal may be filed with the Planning Department, City of
Edmonds, Civic Center, Edmonds, Washington 98020, within fourteen
(14) days of the date of the Hearing Examiner's final action.
In this matter any appeal must be received by the Department prior
to 5:00 p.m. on August 14, 1989.
THIS PACKET SENT TO THE
HEARING EXAMINER ON 7/14/89 --
EXHIBIT LIST
CU-50-89
EXHIBIT 1 - STAFF REPORT
EXHIBIT 2 - APPLICATION
EXHIBIT 3 - VICINITY MAP/PHOTOGRAPHS
EXHIBIT 4 - SITE PLAN
EXHIBIT 5 - FLOOR PLANS
EXHIBIT 6 - AFFIDAVIT OF OCCUPANCY
EXHIBIT 1
STAFF REPORT TO THE HEARING EXAMINER
FILE: CU-50-89
HEARING DATE: July 20, 1989
I. REQUESTED ACTION:
Conditional use permit for an accessory dwelling unit at 711
Driftwood Place, Edmonds.
II. APPLICANT/OWNER:
Ian Miller
711 Driftwood Place
Edmonds, WA 98020
III. LEGAL DESCRIPTION
Lot 3, Edmonds Short Subdivision #S-27-80, as recorded under
Auditor's File #8305120303
IV. STAFF FINDINGS AND CONCLUSIONS
A. Description of the Subject Property and Surrounding Area
The subject property was created by Edmonds short
subdivision S-27-80 and is designated as Lot 3 on the
recorded plat. The existing residence was constructed by
the Applicant in 1985, under building permit #850618.
The Applicant is now seeking a conditional use permit to
install an accessory dwelling unit in the basement of the
home.
Surrounding development is entirely single family
residential.
B. Official Street Map
Proposed R/W Existing R/W
West - Driftwood Place 21.97' 21.97'
C. Zoning Ordinance
The subject property is zoned RS-12. Surrounding zoning
is also RS-12.
Staff Report Page 2
CU-50-89
As conditioned, the requested conditional use permit does
not appear to conflict with the purposes of the Zoning
Ordinance or the RS-12 zone.
D. Comprehensive Plan
The subject property and surrounding area is designated as
Low Density Residential.
As conditioned, the proposed conditional use does not
appear to conflict with the purposes of the Comprehensive
Plan.
E. Not Detrimental
The proposed use should not be significantly detrimental to
the public nor to nearby private property or improvements.
F. Transferability
The permit is not transferable.
V. STAFF RECOMMENDATION:
The proposal appears to meet all the review criteria. Staff
recommends the following conditions:
1. The Applicant shall obtain a building permit for the accessory
dwelling unit and shall comply with all permit conditions.
2. The permit is not transferable.
Exhibit 2
CITY OF EDMONDS
HEARING EXAMINER
APPLICATION FOR CONDITIONAL USE PERMIT
APPLICANT T-A 0 ( "I 1he Z
FILE # -z�,
DATE -54 _3
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APO'S
HEARING DATE
ADDRESS
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INDICATE TYPE
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LOCATION OR ADDRESS OF PROPERTY AS & E.0 U-d
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LEGAL DESCRIPTION OF PROPERTY 4 0V -r I O Tf- 4- OQ 13
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To be completed by the Planning Division:
Legal description checked and approved by:
Use Zone
CONDITIONAL USE REQUESTED: ' 1l 0-LH 6LI > — LA A P-VVL i
DETAILS OF PROPOSED USAGE:
ate:
Signature of Applicant, Owner or Representative
Release/Hold Harmless Agreement
The undersigned applicant, his heirs and assigns, in consideration for the City
processing the application agrees to release, indemnify, defend and hold the City of
Edmonds harmless from any and all damages and/or claims for damages, including reasonable
attorneys' fees, arising from any action or inaction based in whole or in part upon
false, misleading or incomplete information furnished by the applicant, his agents or
employees.
Permission to Enter Subject Property
The undersigned applicant grants his, her or its permission for public officials and the
staff of the City of Edmonds to enter the subject property for the purpose of inspection
and posting attendant to this application.
gnature of Applicant,
Owner or Representative
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Xxhib it 6
AFFIDAVIT
Re: File: CU-9�89 Address: 711 Dr i f twood Place, Edmonds, WA
This is to certify that I have lived at the above address for 3 years.
Ian K. Miller
M. Donna Miller
STATE OF WASHINGTON,
ss.
County of
Date
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Date
I hereby certify that I know or have satisfactory evidence that -f�/1/ /� 419/L6e-Z /£ 10• n91V41,4
signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned
in this instrument.
Dated:
Notary Public in (.nd for the State q/' Washington,
residing at
My appointment expires 'Y/�'o
n-406) )nniVIDVA). L-139