Loading...
StaffReport-Ayers_PLN20110017.pdf CITY OF EDMONDS th 121 5Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us DEVELOPMENT SERVICESDEPARTMENT•PLANNING DIVISION PLANNING DIVISION ADMINISTRATIVE REVIEW FINDINGS, CONCLUSIONS, & DECISION th Project: Ayers Accessory Dwelling Unit (ADU) at 1225 7 Avenue South (RS-6 zone) File Number: PLN-2011-0017 Date of Report: July 14, 2011 I have determined that the application is complete and have reviewed the Accessory Dwelling Unit application pursuant to Chapters 16.20, 20.21, 20.01, 1 20.02, and 20.03 of the Edmonds Community Development Code . Reviewed By: ____________________________ Gina Coccia, Associate Planner INTRODUCTION The purpose of the Accessory Dwelling Unit (ADU) chapter is to regulate the establishment of ADUs within single-family dwellings while preserving the character of single-family neighborhoods. The request for additional living quarters within single-family neighborhoods is to (1) make it possible for adult children to provide care and support to a parent or other relatives in need of assistance, or (2) provide increased security and companionship for homeowners, or (3) provide the opportunity for homeowners to gain the extra income necessary to meet the rising costs of home ownership, or (4) to provide for the care of disabled persons within their own homes. This site is located in a single-family neighborhood in downtown Edmonds. All of the properties in this neighborhood are also zoned Single-Family Residential (RS-6). The owner is proposing to construct an ADU basement addition within the existing home. A building permit has been concurrently submitted for review (BLD20110486). The floor plan indicates that the unit will be 797 square feet which includes a kitchen and living room, bathroom, and one bedroom. Because the owner is proposing to have separate kitchen, bath, and sleeping facilities within the existing residence, an Accessory Dwelling Unit (ADU) permit is required. Approval of an ADU permit requires compliance with Edmonds Community Development Code (ECDC) Chapters 16.20 and 20.21. After land use approval is obtained for the ADU, the owner will need to receive building compliance permit approval (BLD20110486). 1 All Edmonds Community Development Code (ECDC) citations can be accessed online at www.ci.edmonds.wa.us. Ayers ADU File PLN20110017 FINDINGS AND CONCLUSIONS 1.GENERAL INFORMATION a.Request: To create an ADU addition adjoining the basement of the existing single-family home. b.Review Process: Accessory Dwelling Unit (ADU) administrative review “Type II” decision subject to ECDC 20.02. Planning staff reviews the project and issues a decision. c.Owner/Applicant: Gerrit Ayers / Tom Leren. d.Tax Parcel Number: 00642200001500. th e.Location: 1225 7 Avenue South, Edmonds WA 98020 (Attachment 1). f.Zoning: Single-Family Residential (RS-6). g.Lot Size: 8276 square feet (Attachment 3). h.Existing Use: One single-family home. i.Proposed Use: Existing home to remain; ADU addition adjoining the basement. j.Shoreline Management: The site is not subject to Shorelines of the State regulations. k.Comprehensive Plan Designation: “Single Family – Urban 1.” th l.Access / Street: 7 Avenue South is considered a “Local Street” and provides access to the site via an existing driveway. 2.TECHNICAL COMMITTEE This application was reviewed by the Fire District, Building Division, Engineering Division, Parks and Recreation Department, and the Public Works Department for compliance with various codes and provisions. The Fire District is going to require smoke alarms in and outside of the sleeping area; hardwired and interconnected with battery backup. The Building Division noted that a building permit is required for the ADU/addition. The Engineering Division noted many items that will be reviewed with the building permit. These items will be addressed during the building permit review. There are no outstanding land use issues with this proposal (Attachment 8). 3.ZONING COMPLIANCE (ECDC 16.20) The property is located in the single-family residential (RS-6) zone. Pursuant to ECDC 16.20.010(D)(4), Accessory Dwelling Units are a permitted secondary use requiring a Conditional Use permit. The ADU application is processed as an administrative Conditional Use permit and reviewed against specific ADU criteria listed in ECDC 20.21.030. With approval of the ADU land use permit at hand, the proposed ADU will be consistent with the zoning ordinance. 4.APPLICATION AND STAFF REVIEW COMPLIANCE (ECDC 20.95) This ADU application is processed pursuant to ECDC 20.02 (“Type II” staff decision with notice required). The application was submitted to the City on 05/11/2011 and deemed complete on 06/08/2011, which satisfies the requirements of ECDC 20.95. (Attachment 6). 5.CRITERIA FOR ADU COMPLIANCE (ECDC 20.21.030) The following specific criteria must be met in order for an ADU to be approved. The criteria as applied to this permit are discussed below. Page 2 of 6 Ayers ADU File PLN20110017 a.Permit Required: Any person who occupies or permits another person to occupy an attached ADU as a place of residence shall first obtain a permit. The applicant applied for an ADU permit on May 11, 2011 (Attachment 2) and a “complete” application letter was mailed on June 8, 2011. A condition of approval will be that the owner receives the required Building Compliance Permit (BLD20110486) in order to meet this criterion. b.Number of Units: A single-family dwelling may have no more than 1 ADU per lot. Only one ADU is proposed for this lot, therefore this criterion has been met. c.Size: In no case shall an ADU be (1) larger than 40 percent of the livable floor area of the principal dwelling (2) nor more than 800 square feet, (3) nor have more than two bedrooms; provided, if the ADU is completely located on a single floor, the planning manager may allow increased size up to 50 percent of the floor area of the principal dwelling in order to efficiently use all floor area, so long as all other standards set forth in this chapter are met. The ADU is proposed at 797square feetand located in a basement addition onto the existing home. The overall size of the home (not including the garage or any patios or decks) is 2594 square feet. The ADU will exist in approximately 30% of the home. It will be located completely on one floor and will not have more than two bedrooms (Attachment 5). The application meets the size criteria. d.Location and Appearance: The single-family appearance and character of the residence shall be maintained when viewed from the surrounding neighborhood. The design of the ADU 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 ADU shall be located in such a manner as to be unobtrusive when viewed from the street. Whenever possible, 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 ADU. ADUs must be located within or attached to single-family dwelling units. The proposed ADU will maintain the single-family appearance and character of the residence. The ADU is proposed as a basement addition attached to the existing single-family dwelling unit. The design is intended to blend the new addition with the existing house through use of the same colors and materials as the existing structure. The entrance for the ADU is taken off the northeast side of the house, which is the back of the house. A condition of approval will address the requirement of having only one mail box, water meter, and electric meter. e.Parking: 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 ADU, but in no event less than three spaces per lot. The driveway scales to 32 feet wide and 21 feet deep and will accommodate three vehicles. Based on the plans submitted, the Engineering Division has found that the property can accommodate at least three parking spaces. With room shown for at least three parking spaces, the ADU application meets the parking criteria (Attachment 3). f.Occupancy: Either the primary dwelling or the ADU 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 ADU permit; Any such rental shall void the permit. The owner(s) shall not rent any portion of the Page 3 of 6 Ayers ADU File PLN20110017 owner-occupied unit for any period. In no event shall the total number of occupants exceed one family as defined in the Edmonds Community Development Code; provided, however, that if the ADU is occupied by a nurse or other caregiver assisting a disabled person who is an occupant of the principal residence, or the principal residence is occupied by a nurse/caregiver and the ADU is occupied by a disabled person under the nurse’s care, the occupancy limit of one family may be in creased by one additional unrelated person 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 the Edmonds Community Development Code. The owner has given his oath by signing an affidavit (Attachment 9) stating that he will reside in the primary or accessory dwelling unit for more than six months of every year. An “ADU Covenant” (Attachment 10) will also need to be recorded at the County Auditor’s Office that affirms that the owner will need to reside in the home at least six months out of every year and will disclose the ADU to future owners and notify them of the conditions of approval. g.Safety, Light, Ventilation, Floor Area and Similar Factors: ADUs shall comply with all applicable requirements of the Uniform Housing Code and the Uniform Building Code adopted by ECDC Title 19 and shall comply in all respects with the provisions of the ECDC. No permit for an ADU shall be issued to a nonconforming structure unless that structure is brought into conformance with the then current provisions of this code. These criteria will be reviewed during the building permit process. After the building permit is issued and the addition is completed, an inspection by a City Building Inspector will be completed in order to ensure that the ADU meets the requirements of all life-safety codes and standards. Any conditions or corrections resulting from the inspection must be complied with. Any approval of an ADU should be conditioned to require compliance with the Building Division’s inspection requirements. These items have been addressed as conditions of approval for the ADU permit. Therefore, this criterion has been met. The proposal, with conditions, is compliant with the ADU criteria. 6.BUILDING CODE COMPLIANCE (ECDC TITLE 19) The ADU permit can be described in two phases. Phase one of the ADU permitting process is for land use review and approval – this is the review at hand. The second phase of the ADU permitting process is building compliance review and permit approval. Once the applicant obtains a building permit for the work proposed, the Building Division will review the proposal for compliance with the various building codes, including ECDC Title 19. 7.PUBLIC COMMENTS Two public comments were received prior to the close of the public comment period (Attachment 7). a.Bud Searle – On June 10, Mr. Searle emailed public comments on this application urging staff to approve this application because ADUs can fulfill the need for unique housing as well as possible income for property owners. The ADU chapter (ECDC 20.21) indeed states that one of its purposes is to provide the opportunity for homeowners to gain the extra income necessary to help meet the rising costs of home ownership as well as providing increased security and companionship for homeowners. b.Bill Moran– On June 20, staff received a public comment letter from Mr. Moran. He expressed his concerns and requested that staff reject the application. He feels that the application is contrary to the single-family zoning designation and argues that it is equipped as a rental house. He feels that Page 4 of 6 Ayers ADU File PLN20110017 the ADU could have been designed to fit within the footprint of the existing home, specifically, that the garage could have been converted into a bedroom and kitchen. The City’s zoning code (ECDC 16.20.010.D.4) allows ADUs as secondary uses in all single family zones, provided that the application meets the ADU criteria and a conditional use permit is applied for and issued. One purpose in the ADU chapter is for home owners to be able to rent out either the ADU or the main unit (but not both) in order to earn additional income. If the development standards are being met, which they are (setbacks, height limit, lot coverage, etc.) then there is nothing in the code to prevent a home owner from doing an addition to their property. After careful review of the comments provided above, a decision will be issued. DECISION Based on the Findings of Fact, Conclusions, and Attachments to this report, the following decision is issued by the City of Edmonds Planning Division. The Accessory Dwelling Unit as proposed is APPROVED with the following conditions: 1.A building permit must first 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, Engineering Division, and Fire Marshal will be addressed during review of the building permit. See ECDC 20.05.010(C) and finding 5a of this report for more information. 2.Pursuant to ECDC 20.21.060, this approval shall expire automatically whenever: a.The ADU is substantially altered and is thus no longer in conformance with the approval 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 ADU, the owner- occupied unit is rented, or the current owner fails to file the affidavit required under ECDC 20.21.025(A)(1). 3.A single-family dwelling may have no more than one Accessory Dwelling Unit per lot. 4.An Accessory Dwelling Unit Covenant must be filed with the Snohomish County Auditor. Prior to occupancy of the ADU, the owner must either: a.Provide the signed and notarized covenant City processing fee of $20 plus the County recording fee (currently $62) in order to allow the City to record the covenant for you; -- OR -- b.Take the signed and notarized covenant to the County Auditor’s Office and record it for the County’s recording fee ($62). Then, return a copy of the recorded covenant to the Edmonds Planning Division (complete with the Auditor’s recording sticker). 5.Pursuant to ECDC 20.21.040, 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. Page 5 of 6 Ayers ADU File PLN20110017 6.Only one mail box, one water meter, and one electric meter are permitted for the entire site, in accordance with ECDC 20.21.030(D). 7.Per the Fire Marshal, “Smoke alarms indicated and required by IFC 907.2.11.2.” APPEALS AND RECONSIDERATIONS: Any person wishing to file or respond to an appeal should immediately contact the Planning Division at 425.771.0220 for procedural information. LAPSE OF APPROVAL: ADUs are processed as administrative conditional use permits as staff decisions, and ECDC 20.05.020(C) states, “Unless the owner obtains a building permit… within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of time before the expiration date.” NOTICE TO THE COUNTY ASSESSOR: The property owner may, as a result of the decision rendered by the staff, request a change in the valuation of the property by the Snohomish County Assessor’s Office. PARTIES OF RECORD: th 1.Owner: Gerrit Ayers – 1225 7 Avenue South, Edmonds WA 98020. 2.Applicant: Tom Leren, The Leren Co, Inc. – PO Box 12863, Mill Creek WA 98082. 3.Bud Searle – 642 Elm Street, Edmonds WA 98020. 4.Bill Moran – 712 Elm Place West, Edmonds WA 98020. ATTACHMENTS: 1.Zoning Map 2.Land Use Application & Project Description 3.Site Plan 4.Elevations 5.Floor Plans 6.Public Notice 7.Public Comments 8.Department Memos 9.ADU Affidavit 10.ADU Covenant Page 6 of 6