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Ryan 10-1-08.pdf October 1, 2008 John & Lois Ryan 18241 Ballinger Way NE Lake Forest Park, WA 98155 Case: # ZE-08-277, 278,279,280 (Cod20080041) th Subject Property: 17927 75 Pl. W., Edmonds, WA. 98026 Dear Mr. and Mrs. Ryan, The City received a complaint regarding the following: 1)That a massage business is being conducted without a home occupation permit. 2)That two commercial vehicles are parked at the property without a conditional use permit. 3)That more than five domestic animals reside at the property 4)That more unrelated people reside at the property than allowed by the definition of “family” in the Edmonds Community Development Code (ECDC). The City addresses these complaints as follows: 1)ECDC 20.20 - Home occupations are a permitted use in residential zones but do require a business license and home occupation permit. There are seven criteria that must be met to obtain an administrative home occupation permit. If a home occupation proposal doesn’t meet one or more of the criteria the property owner may apply for a conditional use permit. There is no guarantee a conditional use permit will be granted if an application is submitted. A Home Occupation handout is enclosed. 2)ECDC 17.50.100.A Commercial vehicle regulations (in residential zones). No person shall park or store more than one commercial vehicle or any commercial vehicle over 10,000 pounds licensed gross vehicle weight per dwelling unit on any lot in any R zoned district unless he/she has first obtained a conditional use permit. For the purposes of this section, “commercial vehicle” means any motor vehicle, the principal use of which is the transportation of commodities, merchandise, produce, freight, vehicles, animals, passengers for hire, or which is used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes. 3) ECDC 17.35.030 Keeping of domesticated animals in residential zones. For each residential dwelling unit, regardless of the number of occupants residing within such dwelling unit, the following maximum number of domestic animals may be kept or owned within the dwelling unit and upon the lot or premises associated with such dwelling unit: A. Household pets in numbers normally and commonly associated with the primary residential use of the dwelling unit. “Household pets” are animals commonly or normally kept or owned in association with a residential dwelling unit and which are generally kept or housed within the interior of the dwelling unit, including such animals as hamsters, mice, gerbils, guinea pigs, nonvenomous snakes, parakeets, canaries, finches, other songbirds, small nonvenomous reptiles and amphibians, and fish; B. Five or fewer domestic animals; C. One unweaned litter produced by any domestic animal permitted to be kept by this chapter; provided, that the total number of domestic animals kept shall not exceed that number provided in subsection B of this section more than 180 days following the birth of the litter. \[Ord. 3343 § 1, 2001\]. 4) ECDC 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. th 17927 75 Pl. W., ZE-07-277-280, COD20080041, Ryan 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; 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 by October 10, 2008 to respond to the information above. An Order to Correct is · issued if contact is not made. 1)Please make a complete application for a home occupation permit by October 20, 2008. 2)Please park only one commercial vehicle at the subject property. If you prefer to park two commercial vehicles, make a complete application for a conditional use permit by October 20, 2008. 3)Please maintain a maximum of five domestic animals at the subject property at all times. 4)Please confirm that the rental arrangement and residents at the subject property do not exceed the number as defined in ECDC 21.30.010. Please call me at 425-771-0220 ext. 1716 if you have any questions regarding this letter. Please contact the “planner on duty” if you have questions regarding home occupation or conditional use permit processing. Thank you in advance for your cooperation and assistance. Sincerely, Mike Thies Code Enforcement Inspector thies@ci.edmonds.wa.us