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PLN20020161 staff report.pdfCITY OF EDMONDS PLANNING DIVISION DECISION FOR ACCESSORY DWELLING UNIT PERMIT FILE # ADU-2002-161 APPLICANT Ozegovic, Ahmet PROPERTY LOCATION 23011 76t" Pl. W. PROJECT DESCRIPTION Accessory Dwelling Unit Permit A. INTRODUCTION: The applicant has an existing Accessory Dwelling Unit (ADU) that previously received an Accessory Dwelling Unit permit. The need for the current application was brought about by changes that were made to the ADU in order to determine compliance with the Accessory Dwelling Unit criteria. The location of the ADU is shown on the attached site and floor plans (Attachments 2 and 4). The layout of the ADU (see floor plan — Attachment 4) differs from the layout of the ADU that was reviewed through file # ADU-00-91 (see old floor plan — Attachment 3). The layout of the ADU as it exists was reviewed for compliance with the ADU criteria provided in ECDC Chapter 20.21. The review determined that the ADU meets all the criteria. B. ANALYSIS: Section 20.21.030 of the Edmonds Community Development Code provides the criteria by which the Accessory Dwelling Units are to be reviewed. 1. Number of existing Accessory Dwelling Units on site: A single-family dwelling may have no more than one accessory dwelling unit per lot (ECDC 20.21.030). The proposal will result in only one ADU. 2. Size: Accessory Dwelling Units are limited to 800 square feet and 40% of the floor area of the principal dwelling without special permission from the Planning Manager (ECDC 20.21.030.C). The following table illustrates how the ADU meets these requirements: Maximum Proposed 800 square feet 795 square feet 2 bedrooms 2 bedrooms 40% of floor area of principal The ADU occupies only a portion dwelling of one floor of a three-story residence and is obviously less than 40% of the floor area of the principal dwelling Page 2 Ozegovic ADU File No. ADU-2002-161 3. Location and Appearance: Accessory Dwelling Units must be located within or attached to single-family dwelling units and that the design of the ADU must be incorporated into the design of the primary residence so that single-family character and appearance of the residence is maintained. New entrances are to be placed at the rear or side of the home whenever possible. (ECDC 20.21.030.D) This ADU is located partially within the primary residence and in an addition to the south and west of the residence. The ADU has a separate entrance to the rear of the house (See Floor Plan — Attachment 4 and East Elevation — Attachment 5). The attached elevations (Attachments 5, 6, and 7) and photographs (Attachment 8) show that the house maintains its appearance as a single-family residence. 4. Parking: A single-family residence with an Accessory Dwelling Unit requires 3 parking spaces. The applicant has been able to demonstrate that he can provide 3 parking spaces on the site. The original site plan showed three parking spaces. Two of these were provided by a two -car garage and the other by a tandem (stacked) space behind one of the garage spaces. However, during the public comment period, it was brought to the attention of Staff that the applicant had converted the two -car garage into a one -car garage. The applicant was then required to submit a revised site plan. The applicant confirmed that the garage had been converted to a one -car garage. A new site plan has been submitted that shows three off-street parking spaces. See Attachment 2. The Engineering Division reviewed this site plan and indicated that the parking layout is acceptable. S. Occupancy: The homeowner has signed an affidavit that states that the homeowner will occupy one of the units for a minimum of six months of the year. See Attachment 6. The total number of occupants in the primary residence and in the Accessory Dwelling Unit may not exceed one "family," as defined by the Edmonds Community Development Code (ECDC). This definition has been included as Attachment 10, but briefly, means two or more persons who are related or a group of five or fewer persons who are not related. Therefor, the approval of this ADU permit for the subject property does not mean that more than one "family" may live at the residence. (Also see below section B.7.c. of the Staff Report). 6. Safety, Light, Ventilation: The applicant has a building permit application under review at this time. The granting of this permit and the associated inspection by a City Building Inspector will ensure that the Accessory Dwelling Unit meets the requirements of all life -safety codes and standards. 7. Public Comment: The review of an Accessory Dwelling Unit permit requires public notice of the staff decision. A public comment period for this application was provided from September 17, 2002, to October 1, 2002 during which three parties provided written comment (See Attachment 9). The following concerns were brought up by the written comments: 2 Page 3 Ozegovic ADU File No. ADU-2002-161 a. Concern: Allowing the Accessory Dwelling Unit will change the zoning of the property. Staff Response: The response to this concern is that an Accessory Dwelling Unit is an allowed secondary use in a single-family zone and allowing an Accessory Dwelling Unit does not change the zoning of the property. b. Concern: The off-street parking would not be adequate. Staff Response: A single-family residence with an ADU requires 3 off-street parking spaces. The applicant has provided a site plan that shows that 3 off-street parking spaces can be provided. Also see above Section BA of the Staff Report. c. Concern: Several families live in the residence and more plan on living there. Staff Response: The maximum number of people that are allowed to reside in a single family residence is limited to one "family" as the Edmonds Community Development Code defines family. This definition has been included as Attachment 10, but briefly, means two or more persons who are related or a group of five or fewer persons who are not related. This does not change with a residence that contains an ADU. Any proof that the residence and ADU are occupied by more than one family, would be considered a violation of the Accessory Dwelling Unit permit. C. DECISION: Approved with the following conditions: This preliminary decision shall become final as conditioned below, unless a written appeal is received. 1. This permit shall expire automatically if any of the following issues arise: a. The Accessory Dwelling unit is substantially altered and is thus no longer in conformance with the plans and drawings reviewed and approved by the permitting authority and building official. b. The subject site ceases to maintain the required number of parking spaces. c. The property owner ceases to reside in either the primary residence or the accessory dwelling unit, the owner -occupied unit is rented, or the current (or future) owner fails to file the affidavit required under ECDC 20.21.025.A.1 with the City. 2. A building permit and inspection through the City Building Division is required prior to making any further changes to the Accessory and prior to occupancy of the Accessory Dwelling Unit. Since the Accessory Dwelling Unit is existing, the building permit, including final inspection must be complete within three (3) months from the date that this decision is final. Page 4 Ozegovic ADU File No. ADU-2002-161 3. The property owner(s) must sign and notarize the covenant that will be recorded with the Snohomish County Auditor which provides notice to future owners of the limitations of the Accessory Dwelling unit permit and the restoration of the site to a single-family dwelling in the event that any condition of approval is violated (see Attached). A Recording fee is required. 4. The Accessory Dwelling unit permit is transferable to future owners of the residence unless there is a violation of any conditions of approval listed above. Entered this`14! day of February 2003, pursuant to the authority granted city staff under Chapter 20.95 of the Community Development Code of the City of Edmonds. Y A,i Star Campbell Assistant Planner Request for Reconsideration: Section 20.95.050.13.2. provides for Staff to reconsider his decision or recommendation if a written request for reconsideration is filed by the applicant within ten (10) working days of the date of the initial decision. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. Appeals: Section 20.105.010.A describes how appeals of a Staff decision shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project applicant and the date of the decision, the name and address of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Development Services Director within fourteen (14) calendar days after the date that the decision is issued. Appeals are presented to the Hearing Examiner. Timeframes• The time limits for Reconsiderations and Appeals run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the staff has issued their decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. 4 Page 5 Ozegovic ADU File No. ADU-2002-161 For example, if a reconsideration request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the staff issues their decision on the reconsideration request. E. ATTACHMENTS: 1. Vicinity Map 2. Site Plan 3. Floor Plan Showing layout of the previously permitted ADU 4. Floor Plan showing the current layout of the ADU 5. East Elevation 6. South Elevation 7. West Elevation 8. Photographs of the Residence 9. Public Comment Letters 10. EDCD 21.30.010 - Definition of Family 11. Accessory Dwelling Unit Affidavit F. PARTIES OF RECORD Ahmet Ozegovic 23011 751h Pl. W. Edmonds, WA 98026 Virginia Hartman Presley 7315 229t' St. SW Edmonds, WA 98026-8525 Hazel B. and Delbert Gregory 22912 72°d Pl. W. Mountlake Terrace, WA 98043 Mary Kay McDonald -Shelton 7415 2361h St. SW Edmonds, WA 98026 Engineering Department Planning Department 5 22807 22806 c _ / �� N N N Y O M O 22815 22814 N n P. ^ � n G m n 7327 22828 24-51 OD^ 22821 22822 a n a 7315 r� 22829 22828 n 229TH $T n n SW 22901 22901 N Neq N W N 22903 22902 > 7428 N 22902 22905 921 n Of N N 22911 22910 Q aa�7 n 22908 ,� 22911 7701 m 7717 r � 22917 22916 22915 r 22919 7721 O1 a 22924 7427 a n . n N 22925 22s3o 230TH 293 4 RM-2.4 23003 0 7432 C o n m n 23005 A ti n 7406 CO N 23017 230t}4 23011 23017 23023 r r n 23023 23025 ` L23020 23021 23040 23030 23039 23041 23120 23103 23102 23105 23107 23122 23111 23108 23115 23117 23124 23117 23118 23135 23128 231 6 23129 23128 23201 23205 23206 1203 pppp coN m N 23207 N N N N N 23211 23208 to 23214 r 23215 O Cli N Cq23215 N N 23214 N N 23217 N N 23228 23225 23224 23302 W Salifnger Psrk, 3 n c _ 23307 23304 23303 23342 w 23304 23309 23320 23321 23320 7703 23314 � _— 23311 23322 23319 23322 Zoning i nd Vicinity Map 1 - _ � _ _ .w ;� �= rl wi t-41 191 S' V .uo!jv3!jpods 4PO3 Oj ion Sinai! 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C Em m� L� m �JI LI 7415-236th Street SW Edmonds, Washington 98026 September 30, 2002 Ms Star Campbell Assistant Planner Development Services Department City of Edmonds 121 5th Avenue North Edmonds, Washington 98020 Dear Ms Campbell: ,. ht"' c- � l {,, -^e €2 pp � Thank you for the time you spent explaining to me the project plans for the accessory dwelling unit application for 23011 75th Place W, Edmonds. As we reviewed the plans, I noticed that the floor plan depicts a two car garage. When the house is viewed from the street, there is only one garage door instead of two. The area where the second garage door was has now been bricked over. Thus I believe that the plans that have been submitted with the permit application are not current with the existing house. Again I thank you for your assistance. Sincerely, Mary Kai McDonald -Shelton Edmonds Community Development Code 21.30.010 Chapter 21.25 Sections: 21.25.010 Easement. 21.25.020 Equipment shelter or cabinet. 21.25.100 Expressive dance. 21.25.010 Easement. Land which has specific air, surface, or sub- surface rights conveyed for use by an entity other than the owner of the subject property or to benefit some property other than the subject property. [Ord. 2924 § 1, 1993]. 21.25.020 Equipment shelter or cabinet. Equipment shelter or cabinet is a room, cab- inet or building used to house equipment for utility or service providers (see Title 22, Plates 1— 4). [Ord. 3099 § 6, 1996]. 21.25.100 Expressive dance. Expressive dance means any dance which, when considered in the context of the entire performance, constitutes an expression of art, theme, story or ideas, but excluding any dance such as, but not limited to, common barroom - type topless dancing which, when considered in the context of the entire performance, is pre- sented primarily as a means of displaying nudity as a sales device or for other commer- cial exploitation without substantial expres- sion of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value. [Ord. 3117 § 8, 1996]. Chapter 21.30 'IF" TERMS Sections: 21.30.010 Families. 21.30.020 Fence. 21.30.030 Flag lot. 21.30.035 Float, recreational. 21.30.040 Floor area. 21.30.050 Formal subdivision. 21.30.060 Foster home. 21.30.070 Fraternity. 21.30.080 Repealed. 21.30.010 Families. A. Family means individuals consisting of two or more persons related by genetics, adop- tion, or marriage, or a group of five or fewer persons who are not related by genetics, adop- tion, 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 exclusion C below; 3. Group homes for the disabled required to be accommodated as residential uses pursu- ant to the Fair Housing Act amendments as the same exists or is hereafter amended. C. The term "family" shall exclude individ- uals residing in halfway houses, crisis residen- tial 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 oth- erwise required to reside pursuant to court order under the supervision of paid staff and personnel. [Ord. 3184 § 1, 1998]. ACCESSORY DWELLING UNIT AFFIDAVIT On my oath, I certify that I reside at � , Edmonds, Washington, in the primary or accessory dwelling unit for more than six 'months the of every year. Assessor's Parcel Number: 4 9Xo�p0 0 0— —a0 `1" —/g®,0 Signature of Property Owner(s) STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) Subscribed and sworn to before me this 12 day of O AQ IJA± , 2-nQ 2 Notary Public in and for the State of Washington Residing at hYllrYf��— M F_RLICGTONIRES3