PLN20180068_StaffReport_withAttachments.pdfIoc. 1 g` \'
CITY OF EDMONDS
12151h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
CONDITIONAL USE PERMIT
ACCESSORY DWELLING UNIT (ADU)
Owner/Applicant: Jacob Imbery
18121-70`h PL W
I �.dn nds WA 980 6
Reviewed By:
Amber Groll
Planner
File Number: PLN20180068
Date of Report: January 14, 2019
I. SUMMARY OF PROPOSED ACTION
The applicant is proposing to establish an Accessory Dwelling Unit (ADU) within a
proposed addition to the existing single-family home (Attachments 1-2). Approval of an
ADU requires compliance with Edmonds Community Development Code (ECDC)
Chapters 16.20 and 20.21. Pursuant to ECDC 20.01, an ADU is a Type II decision requiring
public notice.
II. COMPLIANCE WITH ECDC CHAPTER 16.20
The subject site is located within the RS-8 Single -Family Residential zone (Attachment 4).
The purpose of the RS - single-family residential zone is to reserve and regulate areas
primarily for family living in single-family dwellings and to provide for additional non-
residential uses which complement and are compatible with single-family dwelling use.
Pursuant to section ECDC 16.20.010.D, an Accessory Dwelling Unit is an allowed
secondary use with a conditional use permit. The proposal is required to comply with the
purposes of the single-family residential zone and criteria outlined in chapter 20.21 ECDC.
Based on staffs review of the specific ADU criterion (as described in Section III of this
report), staff fords that the proposal is in compliance with the purposes of the single-family
zone.
III. COMPLIANCE WITH ECDC CHAPTER 20.21
Section 20.21.030 of the Edmonds Community Development Code provides the criteria by
which Accessory Dwelling Units are to be reviewed. The ADU criteria was crafted to ensure
that ADUs would comply with Chapter 16.20 of the Edmonds Community Development
Code. In order for the permit to be approved, all of the criteria must be met. Detailed
findings of staff's review of each criterion follows:
Land Use Permit Required: Any person who occupies or permits anotberperson to occupy an attached
accessory dwelling unit as a place of residence shall first obtain a permit. The permit shall be reviewed and
processed as a Type II decision (Staff decision - Notice required).
The application was determined to be procedurally complete on December 12, 2018. In
accordance with ECDC 20.03, a Notice of Application dated December 21, 2018 with a
comment period ending on January 4, 2019 was mailed to property owners within 300-feet
of the subject site based on the Adjacent Property Owners' List submitted by the applicant,
posted at the subject site, the Public Safety Complex, Development Services Department,
and Library. The notice of application was also published in the Herald Newspaper on
December 21, 2018. Attachment 5 documents compliance with the public notice
requirements of ECDC 20.03.
Number of Units: A singlefamiydwelling may have no more than one accessory dwelling unit -Per lot.
The proposal will result in only one ADU and therefore is in compliance with the number of
units allowed per ECDC 20.21.030(B).
Size: In no case shall an accessory dwelling unit be (1) larger than 40 percent of the livable floor area of the
prineipal dwelling (2) nor more than 800 square feet, (3) nor have more than two bedrooms; provided, if the
accessory dwelling unit is completely located on a single floor, the planning manager may allow increased side
up to 50 �percent of the floor area of the principal dwelling in order to fidently use all floor area, so long as
all other standards set forth in this chapter are met.
The existing primary residence has 1,448 square -feet of livable floor area and the ADU is
proposed to consist of 597.72 square -feet and comprise 29-percent of the total livable floor
area of the primary dwelling. Staff has determined that the application meets the size criteria.
The following table describes both the maximum size that Accessory Dwelling Units are
allowed to be as well as the proposed size for this application:
MAXIMUM ALLOWED PROPOSED
40-percent of livable floor area of the 29-percent of livable floor area of the
primary dwelling primary dwelling
Two bedrooms Two bedrooms
800-SF� 597.72-SF
Imbery Accessory Dwelling Unit
File No. PLN20180068
Page 2of6
Location and Appearance: The single family appearance and character of the residence shall be
maintained when vieaved from the surrounding neighborhood. The design of the accessory dwelling unit shall be
incorporated into the design of the principal dwelling unit and shall be designed to maintain the architectural
design, style, appearance and character of the main building as a single-family residence using matching
materials, colors, window style, and roof design. The primary entrance to the accessory dwelling unit shall be
located in such a manner as to be unobtrusive when viewed from the street. Wheneverpossible, new entrances
should be placed at the side or rear of the building. Only one electric and one water meter shall be allowed for
the entire building, serving both the primary residence and the accessory dwelling unit. Accessory dwelling
units must be located within or attached to single-family dwelling units.
The ADU will be located in a renovated detached garage. The exterior design currently
matches the design of the principal dwelling. Due to the design of the ADU, the entrance
will face west towards Olympic View Drive and 181" PI SW, but is screened by shrubbery
and a fence. The ADU will be attached to the house via a breezeway. Staff finds that the
proposed ADU maintains the architectural design, style, appearance, and character of the
main building and would not compromise the single-family appearance of the residence;
therefore, the subject application complies with the location and appearance criteria.
Parkin: One off street parking space in addition to the parking spaces normally required for the principal
dwelling shall be required to be provided for the accessory dwelling unit, but in no event less than three spaces
per lot.
The existing residence has an attached two -car garage and space for tandem parking in front
of the renovated detached garage. There is sufficient space for three off-street parking
spaces, therefore, the application complies with ECDC 20.21.030.8.
OccupancX: Either the primary dwelling or the accessory dwelling unit shall be owner -occupied. "Owner -
occupied" shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter
registration, vehicle registration, or similar means, and actually resides at the site more than six months out of
any given year, and at no time receives rent for the owner -occupied unit. The owner(s) shall not rent the
designated owner -occupied unit at any time during the pendency of the AD U permit; any such rental shall
void the permit. The owner(s) shall not rent any portion of the owner -occupied residence either during the
owner(s)' occupancy or while the owner is absent from the owner -occupied unit for any period. In no event shall
the total number of occupants exceed one family as defined in this code; provided, however, that if the accessory
dwelling unit is occupied by a nurse or other caregiver assisting a disabledperson who is an occupant of the
principal residence, or the principal residence is occupied by a nursel care and the accessory dwelling unit
is occupied by a disabledperson under the nurse's care, the occupancy limit of one family may be increased by
one additional unrelatedperson to a total of one family related by genetics, adoption or marriage plus one
unrelated person, or a total of six unrelated persons. In no event shall the total number of occupants exceed
one family as defined in this code.
The applicant has submitted a notarized affidavit to the City that meets this requirement
(Attachment 3). The applicant must also file an ADU covenant as required by ECDC
20.21.025.A.2 with the County Auditor following approval of the ADU.
Imbery Accessory Dwelling Unit
File No. PLN20180068
Page 3 of 6
Safety, Light, Ventilation, Floor Area, and Similar Factors: Accessory dwelling units shall
comply with all applicable requirements of the Uniform Housing Code and the Uniform Building Code
adopted by ECDC Title 19 and shall covyin all respects with the provisions of the Edmonds Community
Development Code. No permit for an accessory dwelling unit shall be issued to a nonconforming structure
unless that structure is brought into conformance with the then current provisions of this code.
A condition of approval for this ADU has been added that requires compliance with the
Building Division's inspection and compliance requirements. A building permit has been
submitted as is being reviewed under permit number 20181595.
IV. PUBLIC COMMENTS
No public comments were received in response to this proposal.
V. TECHNICAL REVIEW
The application was reviewed by Snohomish County Fire District #1 and the City of
Edmonds' Building and Engineering divisions.
Snohomish County Fire District #1 and the Building Division had no comments
(Attachments 6-7).
The Engineering Division provided a Memo of Compliance (Attachment 8).
VI. DECISION
Based on statements of fact, conclusions, and attachments in this report, the application for
a Conditional Use Permit for an Accessory Dwelling Unit at 18121-70``' PI W is
APPROVED, subject to the following conditions:
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
Imbery Accessory Dwelling Unit
File No. PLN20180068
Page 4 of 6
(or future) owner fails to file the ADU affidavit as required pursuant to
ECDC 20.21.025(A)(1).
2. A building permit and/or compliance permit must be obtained from the Building
Division and final inspection must be made and occupancy approval granted by the
City Building Inspector prior to the area being used as an ADU. Specific comments
from the Building Division will be addressed during review of the applicable building
permit application.
3. The Accessory Dwelling Unit Covenant required under ECDC 20.21.025.A.2 must
be filed with the Snohomish County Auditor. This covenant may be obtained from
the Planning Division. Prior to occupancy of the Accessory Dwelling Unit, the
applicant must either:
a. Provide the City processing fee of $100 plus the County recording fee of $99
for one page, for a total of $199, and the City will record the covenant for
you; OR
b. Take the covenant to the County and record it for the County's recording fee
of $99 for one page, and return a copy of the recorded covenant to the
Edmonds Planning Division with the Auditor's recording sticker on the
copy.
4. The Accessory Dwelling Unit permit shall not be transferable to any site other than
the subject site described in the application. The Accessory Dwelling Unit permit is
transferable to new owners of the subject property unless there is a violation of any
conditions of approval listed above. New owners must file a notarized Accessory
Dwelling Unit Affidavit with the City of Edmonds Planning Division.
VII. ATTACHMENTS
1. Land Use Application
2. Site and Architectural Plans
3. Owner's Occupancy Affadavit
4. Zoning and Vicinity Map
5. Public Notice Documentation
6. Fire District #1 Comments
7. Building Division Comments
8. Engineering Memorandum of Compliance
Imbery Accessory Dwelling Unit
File No. PLN20180068
Page 5 of 6
VIII
IX.
PARTIES OF RECORD
City of Edmonds
121 — 5' Ave. N
Edmonds, WA 98020
APPEALS
Jacob Imbery
18121-70"' Pl. W
Edmonds, WA 98026
A party of record may submit a written appeal of a Type II decision within 14 days of the
date of issuance of the decision. The appeal shall be made in writing and shall include all
required information stated in ECDC 20.07.004.D as well as the applicable fee. The appeal
will be heard at an open record public hearing before the Hearing Examiner according to the
requirements of ECDC Chapter 20.06 and Section 20.07.004.
Imbery Accessory Dwelling Unit
File No. PLN20180068
Page 6 of 6
City of Edmonds
Land Use Application
- ARCHITECTURAL DESIGN REVIEW
11 COMPREHENSIVE PLAN AMENDMENT
A CONDITIONAL USE PERMIT
❑ HOME OCCUPATION
❑ FORMAL SUBDIVISION
❑ SHORT SUBDIVISION
❑ LOT LINE ADJUSTMENT
_1 PLANNED RESIDENTIAL DEVELOPMENT
❑ OFFICIAL STREET MAP AMENDMENT
1-1 STREET VACATION
❑ REZONE
J SHORELINE PERMIT
Li VARIANCE / REASONABLE USE EXCEPTION
❑ OTHER:
..."vam■ V CLJ
NOV 2 i 2018
DEVELOCo�EF�RVtCES -
• PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD a
PROPERTY ADDRESS OR LOCATION 154 I Z) -1 A 0% P
PROJECT NAME (IF APPLICABLE)
PROPERTY OWNER �Yac. Q b /A b 2y PHONE VZO 61
ADDRESS NIZI 'Wl, P1 V`)
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TAX ACCOUNT # Q Q4;'-Q L1(,!) OOQC3 /'3a0 SEC. _ TWP. 2 RNG. —�
DESCRIPTION OF PROJECT OR PROPOSED USE (AT' ACH COVER LETTER AS NECESSARY)
1 a tip �Y!} K i[ IC�1n-� 1��a4 �Gtotygj= P, .+a A Q
DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY)
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ADDRESS P%I z.) 70to 0 0
E-MAIL FAX
CONTACT PERSON/AGENT `N ALO 1a PHONE # 'Le (- -33Y "2"541�
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The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to
release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's
fees, arising fi-om any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information
furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and exhibits herewith s bmitted are true and correct to the best of my knowledge
and that I am authorized to file this application tli behalf of the ner as listed below.
SIGNATURE OF APPLICANT/AGENT DATE
Property Owner's Authorization
I, J pro V> f m 6K-4--y , certify under the penalty of perjury under the laws of the State of
Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the
subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the
subject property for the purposes of ip4ction and postigg attendant to this application.
SIGNATURE OF OWNER DATE J /- S'- Z01 T
Questions? Call (425) 771-0220.
Revised on. 8122112 B - Land Use Application Page I of I
SHEET INDEX
1. SITE PLAN
2. EXISTING FLOOR PLAN & ELEVATIONS
3. PROPOSED FLOOR PLAN, FOUNDATION &
CROSS SECTION
4. ROOF FRAMING &
PROPOSED ELEVATIONS
PROJECT DATA
OWNER: JACOB R. IMBERY
PROPERTY ADDRESS: 18121 70TH PL W , EDMONDS, WA 98026.5607
LOT SIZE: LOT: 30,579 SQFT./0.70 ACRES
PARCEL NUMBER: 00504600001300
ZONING: RS-8
LEGAL DESCRIPTION: MADRONA HILL BLK 000 DAO - LOT 13
CONSTRUCTION TYPE: SINGLE FAMILY
PROJECT TYPE: ADDITION (248.04 SQFT.)/
DETACHED GARAGE CONVERSION
TOTAL SQUARE FOOTAGE -EXISTING:
HOUSE (1,448 SQFT.)
DETACHED GARAGE (349.68 SQFT.)
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DOUGLAS CROWELL DESIGN
544 ESTATE PLACE
FIRMEST, WA 98466
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SHEET NO:
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SHEET INDEX
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SHEET NO:
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SHEET INDEX
I. SITE PLAN
2. EXISTING FLOOR PLAN & ELEVATIONS
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CROSS SECTION
4. ROOF FRAMING &
PROPOSED ELEVATIONS
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1544 ESTATE PLACE
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SHEET NO:
44
SHEET INDEX
1. SITE PLAN
2. EXISTING FLOOR PLAN & ELEVATIONS
3. PROPOSED FLOOR PLAN, FOUNDATION &
CROSS SECTION
4. ROOF FRAMING &
PROPOSED ELEVATIONS
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ACCESSORY DWELLING UNIT AFFIDAVIT
On my oath, I certify that I reside at Ni11 -70-fiti PI W , Edmonds, Washington, in
the primary or accessory dwelling unit for more than six months of every year.
Assessor's Parcel Number: 00-504ro 0CW 13UO
STATE OF WASHINGTON )
COUNTY OF SNOHOMISH )
Subscribed and sworn to before me this d7 day of
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FILE NOs.: PLN20180068
Applicant: Imbery
DECLARATION OF POSTING
On the 21th day of December, 2018, the attached Amended Notice of Application was posted
at the subject property, Civic Hall, Library and Public Safety buildings.
I, Amber Groll, hereby declare under penalty of perjury under the laws of the State of
Washington that the foregoing is true and correct this 21th day of December, 2018, at
Edmonds, Washington.
Signed:
!�
FILE NO.: PLN20180068
Applicant: Imbery
DECLARATION OF MAILING
On the 20th day of December, 2018, the attached Notice of Public Hearing was mailed by the City
to property owners within 300 feet of the property that is the subject of the above -referenced
application.
I, Debbie Rothfus, hereby declare under penalty of perjury under the laws of the State of
Washington that the foregoing is true and correct this 20th day of December, 2018, at Edmonds,
Washington.
Signed:
{BFP747887.DOC;1\00006.900000\ }
CITY OF EDMONDS
NOTICE OF DEVELOPMENT APPLICATION AND
COMMENT PERIOD
NAME OF APPLICANT:
Jacob Imbery
DATE OF APPLICATION:
11/27/2oi8
DATE OF COMPLETENESS:
12/13/2o18
DATE OF NOTICE:
12/21/2o18
FILE NO.:
PLN2o180068
PROJECT LOCATION:
18121-7oth PI W, Edmonds, WA
PROJECT DESCRIPTION:
Application for an Accessory Dwelling Unit (ADU). The
site is zoned Single -Family Residential (RS-8).
REQUESTED PERMIT:
Conditional Use Permit - ADU. Information on this
application can be viewed at the City of Edmonds
Development Services Dept., 121 St" Ave. N, Edmonds,
WA 98020, or on the City's website at
www.edmonds,Na.gov through the Online Permits link.
Search for PLN2o180068.
OTHER REQUIRED PERMITS:
Building Permit (file no. BLD2o181595
REQUIRED STUDIES:
Unknown
EXISTING ENVIRONMENTAL
DOCUMENTS:
None
COMMENT PERIOD:
Comments due by January 4, 203.9. Any person has the
right to comment on this application during the public
comment period, receive notice and participate in any
hearings, and request a copy of the decision on the
application. The City may accept public comments at
any time prior to the closing of the record of an open
record pre -decision hearing, if any, or, if no open record
pre -decision hearing is provided, prior to the decision on
the project permit. Only parties of record as defined in
ECDC 20.07.003 have standing to initiate an
administrative appeal.
CITY CONTACT: Amber Groll, Planner
(425) 771-022o, amber.groll Redmondswa.gov
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH838730 PLN20180068 as it
was published in the regular and entire issue of
said paper and not as a supplement form thereof
for a period of 1 issue(s), such publication
commencing on 12/21/2018 and ending on
12/21/2018 and that said newspaper was
regularly distributed to its subscribers during all
of said period.
The t of the fee for such publication i
$56.76.
Subscribed and sworn before me on this
day of 1—
Notary Public in and for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
DIANE CUNNINGHAM
AUBREYKNAPP
Notary Public
State of Washington
My Commission Expires
July 30, 2022
Classified Proof
CITY OF EDMONDS
NOTICE OF DEVELOPMENT APPUCATION
AND COMMENT PERIOD
NAME OF APPLICANT: Jacob I"Wy
DATE OF APPLICATION. 111271201111
DATE OF COMPLETENESS 121132DIO
DATE OF NOTICE: 1221,2018
FILE NO.: PLN20180068
PROJECT LOCATION 18121 - 700t PI W, Edmonds. WA
PROJECT DESCRIPTION Application for an Accessary Dwelling
Unit (ADU) The site Is zoned Single -Family Residential (RS-8)
REQUESTED PERMIT. Conditional Use Permit - ADU. Infonnation
on tnis application can be viewcd at the City of Edmonds
Development Serrces Dept. 121 5th Ave. N. Edmonds. WA
98020. or on the City-s webedo at wwwrecimon�d_ .00vov through
the Online Permits link. Search for PLN201 BMW
OTHER REQUIRED PERMITS: Building Permd
(rde no. BLD20181595
REQUIRED STUDIES. Unknown
EXISTING ENVIRONMENTAL DOCUMENTS: None
COMMENT PERIOD. Commentf, due by January a. 2019. Any
person has the right to comment on this application during the
pubic comment period. receive notice and participate in arty
hearings, and request a copy of the oecisidn on the application
The City may accept public comments at any time prior to the
toeing of the record of an open record pre -decision hearing it
arty, or, if no open record pre-Waion hearing Is provided. Prior
to the decision on the project permll Only parties of record as
defined in ECDC 20.07.003 have standing to initiate an
administrative appeal
CITY CONTACT Amber Groll. Planner
(425) 771.0220, amber oiolt0edmondswa go_v
Published. December21.2018. E H838 30
Proofed by Sheppard, Dicy, 12/21/2018 09:35:32 am Page: 2
CITY OF EDMONDS — PLANNING DIVISION
STAFF COMMENT FORM
PW-Engineering @ Fire ❑ PW - Maintenance 8 Building
Project Number:
Applicant's Name:
Property Location:
PLN20180068
JACOB IMBERY
18121 70TH PLACE WEST
Date Application Received: 11.27.18 Date Application Routed: 11.29.18
Zoning: SINGLE FAMILY RESIDENTIAL (RS-8)
Project Description: ACCESSORY DWELLING UNIT
If you have any questions or need clarification on this project, please contact:
Responsible Staff: AMBER GROLL
Name of Individual Submitting Comments: Karl Fitterer
Title: Assistant Fire Marshal
8 I have reviewed this land use proposal for
my department and I do not have any
comments. My department may also
review this project during the building
permit process (if applicable) and reserves
the right to provide additional comments at
that time.
Ext. 1372
Date: 12/11/2018
❑ I have reviewed this land use proposal for
my department and have the following
comments or conditions:
CITY OF EDMONDS — PLANNING DIVISION
STAFF COMMENT FORM
❑ PW-Engineering ❑ Fire ❑ PW - Maintenance 8 Building
Project Number:
Applicant's Name:
Property Location:
PLN20180068
JACOB IMBERY
18121 70TH PLACE WEST
Date Application Received: 11.27.18 Date Application Routed: 11.29.18
Zoning: SINGLE FAMILY RESIDENTIAL (RS-8)
Project Description: ACCESSORY DWELLING UNIT
If you have any questions or need clarification on this project, please contact:
Responsible Staff: AMBER GROLL
Name of Individual Submitting Comments: LEIF BJORBACK
Ext. 1372
Title: BUILDING OFFICIAL Date: 12/17/18
8 I have reviewed this land use proposal for
my department and I do not have any
comments. My department may also
review this project during the building
permit process (if applicable) and reserves
the right to provide additional comments at
that time.
❑ I have reviewed this land use proposal for
my department and have the following
comments or conditions:
Date:
To:
From:
Subject:
MEMORANDUM
December 14, 2018
Amber Groll, Planner
Natalie Griggs, Engineering Technician
PLN20180068— Accessory Dwelling Unit
Imbery Residence —18121 701h Pl W
Engineering has reviewed the subject application and found the information provided is
consistent with Title 18 Edmonds Community Development Code & Engineering standards.
It is requested that the following be included as a condition of project approval.
A mimimum 3 parking spaces shall be provided to serve an ADU and single-family residence.
Please revise the site plan to clearly show where the 3 parking spaces will be provided on the
site.
a) If parking stalls are provide within a garage, please indicate as such on the site
plan.
b) If parking is provided outside the garage, please show minimum parking stall
dimensions of 8 1/2 ft x 16 1/2 ft can be met.
c) Only two parking spaces can be tandem.
d) Parking spaces that require backing out onto the street will not be permitted.
Thank you.
City of Edmonds