STF-2007-8 (Canlas - I Care AFH).pdf
May 9, 2007
Mr. Cornell Burt, P.E.
Burt Engineering PLLC
nd
2300 192 Place SW
Lynnwood, WA 98036
RE: Reasonable Accommodation Request for I Care Adult Family Home
st
23719 – 91 Place West, Edmonds
File No. STF-2007-0008
In a letter dated April 8, 2007, you requested a reasonable accommodation on behalf of your
st
client, Mr. Ophello Canlas, for the property located at 23719 – 91 Place West. Chapter 17.50 of
the Edmonds Community Development Code (ECDC) was enacted to authorize staff, when
necessary, to reasonably accommodate the statutory rights of the disabled under the Americans
with Disabilities Act, the Fair Housing Act or the Washington Law Against Discrimination. The
subject request was to allow the existing access ramp on the northern side of the I Care Adult
Family Home to remain despite the fact that it does not meet the minimum required 25-foot
street setback and that it causes the total lot coverage for the site to go above the maximum
required 35 percent. The building permit application for the ramp and the deck that it connects
to is currently being reviewed under File No. BLD-2006-1074.
According to ECDC 17.05, the Director may vary, modify, or waive the provisions of the
Edmonds Community Development Code in order to provide a reasonable accommodation as
necessary to provide to a disabled person’s or care provider to the disabled’s full enjoyment of a
residence. In this case, staff has confirmed that the applicant is licensed as an adult family home,
and staff has determined that the remedy of the ramp is a reasonable accommodation of the
access needs of elderly and disabled clients.
Pursuant to Chapter 17.05 of the ECDC, the City is willing to grant proportionate reasonable
accommodation subject to the preparation and recording of a covenant which includes the
following items:
1)Property address and legal description.
2)Description of the ramp (location, size).
3)A plot plan showing property lines, the existing residence, and location and dimension
of the ramp shall be attached as Exhibit A.
4)The granting of this reasonable accommodation is personal to the applicant, I Acre
Adult Family Home, pursuant to Edmonds Community Development Code Chapter
17.05.040 and shall not run with the land.
5)I Care Adult Family Home, or its legal representative, is required to notify the City
Building Official in writing within 30 days of any change in property ownership.
6)Future potential owners shall be notified of the granted accommodation.
7)A similar residential care provider may take over the facility; however, the new
provider must reapply to the City for reasonable accommodation of the ramp within
three months after the change in ownership.
8)If I Care Adult Family Home no longer requires this reasonable accommodation, the
ramp shall be removed in its entirety within three months.
9)The property owner performing the ramp demolition must obtain a City demolition
permit prior to the start of work.
10)I Care Adult Family Home is required to obtain a complete building permit for the
ramp.
11)Provisions that any noted structural building code deficiency found during inspection of
the ramp shall be corrected within 60 days of notification.
The draft covenant shall be submitted to the City by no later than May 30, 2007. Review of the
document by the City shall be performed in a timely manner. The City expects the final
approved version no later than June 15, 2007 with the appropriate recording fees. The covenant
shall then be recorded with the Snohomish County Auditor.
If you have any questions, please feel free to contact me at (425) 771-0220, extension 1224.
Sincerely,
Development Services Department – Planning Division
Jen Machuga
Planner
Cc: File No. STF-2007-0008
File No. BLD-2006-1074
Mr. Ophello Canlas
st
23719 – 91 Place West
Edmonds, WA 98026