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ADU2001-75CITY OF EDMONDS PLANNING DIVISION REVIEW FOR ACCESSORY DWELLING UNIT PERMIT FILE # ADU-2001-75 APPLICANT Groset, Jon PROPERTY LOCATION 8506 Bowdoin Wy. PROJECT DESCRIPTION Accessory Dwelling Unit Permit A. INTRODUCTION: The applicant has filed an application for a new Accessory Dwelling Unit. The application has been submitted to the City on June 18, 2001. B. PHYSICAL DIMENSIONS AND OTHER CHARACTERISTICS: 1) Number of Units: only 1 ADU 2) Size: 768 square feet for ADU, 2,187 square feet for principal dwelling (see Attachment 3, floor plan) 3) No. Bedrooms in ADU: 1 4) Location: Within principal dwelling 5) Design: Integrated as part of single-family home; same materials and external appearance 6) Primary Entrance to ADU: Separate side entry to ADU from staircase at ground floor 7) Electric and Water Meters: One for entire site 8) Mail Box: One for entire site 9) Attached: Yes 10) Parking: Three (3) spaces provided (see Attachment 4, site plan) 11) Occupancy: Owner to live in principal dwelling (see Attachment 5, affidavit) 12) Safety, Light, Ventilation, etc.: A compliance inspection is required C. PUBLIC COMMENTS: Staff has received two letters (both dated July 23, 2001) from Robert and Michelle Bretz (see Attachment 7). The letters state that the house and accessory dwelling unit are out of scale with the neighborhood. Other concerns were raised about whether or not there is adequate parking, size and bulk standards and requirements, the renting of the ADU itself, and "undersize lot modifications" in relation to other lots in the neighborhood. D. STAFF ANALYSIS: The accessory dwelling unit is located within a newly constructed house which meets the bulk and zoning requirements for the neighborhood per the Edmonds Community Development Code (ECDC) Chapter 16.20. Staff has determined that the ADU does maintain the appearance of a single-family residence in accordance with 20.21.030, which specifies the criteria for accessory dwelling units. The design of the ADU has been incorporated into the design of the principal dwelling unit. The primary Page 2 Groset ADU File No. ADU-2001-75 entrance to the ADU is located in such a manner to be unobtrusive when viewed from the street. Only one electric and one water meter is allowed for the entire building. The Engineering Department has also determined that there will be sufficient parking available for both the ADU and the single-family residence. The property is zoned RS-8. The minimum lot size for this zone is 8,000 square feet. The current property at 8506 Bowdoin Way is 40,700 square feet. However, the project site is also designated as "Lot 1" of an approved 4-lot short plat (S-99-220, approved March 4, 2000). No lot modification has been made for the property, and the lot meets the minimum lot area for the zone in which it is located. Although apparently not yet recorded, the house and ADU together would total 32% lot coverage for the proposed Lot 1. The maximum allowed lot coverage is 35%. The proposed new single-family residence and the ADU both meet setback requirements for Lot 1. Staff has determined that the single-family residence and the ADU together meet the minimum development standard requirements as set forth in Chapter 16.20 and Chapter 20.21 of the Edmonds Community Development Code, whether or not the approved short plat is finally recorded. E. DECISION: Approved with the following conditions: 1. This permit shall expire automatically if any of the following issues arise: a. The property owner fails to obtain a building compliance permit and or fails to pass compliance inspection for the Accessory Dwelling Unit. b. The property owner ceases to reside in either the primary residence or the accessory dwelling unit or the current (or future) owner fails to file the affidavit required under ECDC 20.21.025.A.1. (see Attachment 5) 2. The Covenant regarding Accessory Dwelling Units must be completed and recorded against the property in Snohomish County subject to applicable fees. (see Attachment 6). 3. One copy of the recorded covenant must be provided to the Development Services Department within one week of recording. 4. Prior to any remodel/construction, a compliance permit or building permit and inspection through the City Building Division is required. 5. The Accessory Dwelling Unit permit is transferable to new owners of the subject property unless there is a violation of any conditions of approval. All new owner(s) must file the ADU affidavit as required in section 1-b as listed above. F. REQUEST FOR RECONSIDERATION: Section 20.95.050.B.2. provides for Staff to reconsider his decision or recommendation if a written request for reconsideration is filed by the applicant within fourteen (14) 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. G. 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 Page 3 Groset ADU File No. ADU-2001-75 fourteen (14) calendar days after the date of the decision being appealed. Appeals are presented to the Hearing Examiner. H. 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. 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. I. NOTICE OF PERMIT REVIEW: Once registered, an ADU shall enjoy all the protections and privileges afforded to a nonconforming building under the provisions of ECDC 17.40.020, provided, however, that such ADU shall be subject to the permit review requirement of ECDC 20.100.040 to the end that the City Council reserves the right to impose additional conditions on the continued use and occupancy of the formerly illegal ADU if it is found to constitute a nuisance or present a hazardous condition, or to revoke such registration and permit if a nuisance or hazardous condition relating to the ADU is not abated. G. ATTACHMENTS: 1. Vicinity Map 2. Application 3. Floor Plan 4. Site Plan 5. Affidavit 6. Covenant 7. Letters I have reviewed the application for Compliance with Accessory Dwelling Units pursuant to ECDC 20.21.030. This Decision shall become final on date of staff signature. This application for Accessory Dwelling Unit Permit is complete. 3-1.0/ Chanda Earhart, Planning Division Date PARTIES OF RECORD: Robert & Michelle Bretz 21304 84`h West Edmonds, WA 98026 �- 1007 21010 8403 21021 21020 8401 0 0 21109 21030 8430 ^ 21100 RM-Z4 Q 8424 21102 21107 8418 LO 00 - -_ 8425 CO 21106 8503 21120 BN 8505 0 SUBJECT PRDPEIRTY � 6330 ADU-2001-75 121200 28'5'06 Bowdoin W_ - n N W aOd'N 21221 o CO 00V a co ao 00 00o0 0 21224 to ao °p00 21223 212252 8823 21304 d 21224 — rn 0 0 825 ( 21304 21306 21308 21313 0 N 21310 U*j o o RM-2 4 CO 00 21316 rn \ ro Ca � ^ ^ ' 8715 I w o ,O a. o � N � N ^ O r> ^ 8604 8515 N N CnCO 0 8523 00 00 00 CO N 8608 8614 8524 v o 00 21409 o N N v00 8516 00 ro It a 00 N N 21415 O) M ^ O ^ 21417 h � 21423 8523 0 °' o 21420 21429 00 CO LL I8524 21432 OIS 21431 8516 LO N � CO CO v CO v CO N 04 a CO 21425 Ov N-ss Zoning and Vicinity Map 1 Attachment 1 File No. ADB-2001-75 city of edmonds development information RECEIVED JON 18 2001 PERMIT COUNTER ❑ ARCHITECTURAL DESIGN REVIEW FOR OFFICIAL USE ONLY ❑ COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT FILE #���-�� ZONE ❑ HOME OCCUPATION DATE 14I a r REC'D BY ❑ FORMAL SUBDIVISION ( -17 Cl 5 ❑ SHORT SUBDIVISION FEE �� RECEIPT # ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE ❑STAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT JOWL OW S ❑ VARIANCE / REASONABLE USE EXCEPTION OTHER: � !Oyl PROPERTY ADDRESS OR LOCATION .5--t% t, 13 0 "; :? D N" PROJECT NAME (IF AP+PLICABLE) PROPERTY OWNER J b d 67604 �—: PHONE # 7y,j 7 -7` - 1 73J1 ADDRESS ��5 I% & 0 C,) >� f A/r�d� E-MAIL ADDRESS `� FAX # TAX ACCOUNT # 6 13 7 000 Z- G SEC. TWP. RNG. DESCRIPTION OF PROJECT OR PROPOSED USE APPLICANT O ly 6? fe 0 S Cr - PHONE # � -2, - % 71 - 7 ADDRESS J--Z,(- 6 � "J P 0 //V L✓ /`t `% E-MAIL ADDRESS FAX # CONTACT PERSON/AGENT O L- It 62 iey -S C % PHONE # T L E - %2 9 -6Y Z I ADDRESS 6 )� 0C J P v / /,j (� E-MAIL ADDRESS FAX # ! fJ 7— S - 7 76 - 7I 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 from 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 ex hi i ewith submitted are true and correct to the best of my knowledge and that I am authorized to file this a scat on the be alf of the owner as listed below. SIGNATURE OF " °a PP4:-itiHry r/AGENT DATE Property Owner's Authorization By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for th ublic officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspe Zaposting attendant to this application. f� SIGNATURE OF OWNER DATE This application m was revised on 1/27/00. To verify whether it is still current, call (425) 771-0220. LALIBRARYTLANNING\Forms & Handouts\Public Handouts\Land Use Application.doc Attachment 2 - ---, - -.1 --W& a %on ASAUU11 Watiung variance or othei, administrative deviation (hereinafter "variance"' must be specifically called out and identified W J* A— Approval dj of any plat or plan containing provisions which do not comply with city code 4a 011 and for which a variance has not been' specifically identified, requested and ,considered by the appropriate city official in accordance 4 with the appropriate provision of city code or state law does not app ve nyitems not to code 4P H \RE,. HOBB RM. I - specification. li Q, 9� —'._. --� �.• it / I /%� i N� p — --------- 141-- 6 Ir f ------ --------- - - -------- T- (,g / ------ i I fy RIO j'• �. ��,-..,... _ .-r;., \ 7� 'f • Pam, — 1 .. _ �... 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(wic.� 10►1 1"= 2.0' 'PLW (-46C)r- 00-2z JRR ENGINEERING, Inc. job no. LOT 1 - 8506 BOWDOIN GROSET CONSTRUCTION WAY 18609 76th Avenue West, Suite B Lynnwood, WA. 98037-4149 design RKR 325 3RD AVENUE SOUTH Phone: (425) 697-5108 Fax: (425) 697-4506 drawn app'v d' RKR RKR EDMONDS, WA 98020 - 778-4824 dwg. GROSMPLOTPLAN DATE: 8/15/2000 Attachment 4 ACCESSORY DWELLING UNIT AFFIDAVIT On my oath, I certify that I reside at P,,� n <, Q 0 (V , Edmonds, Washington, in the primary or accessory dwelling unit for more than six months of every year. Assessor's Parcel Number: 01 q .- c-, c o --y 6 : , - 0 c 0 q STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) Subscribed and sworn to before me this c Residing at day of ashiRgton so • \OTARY N�••�G UBLIGa.•� °9iF•Z),10 ?0 •�'� • O WASH\�Oe ADUAFFI DAVIT. DOC Attachment 5 R p�ri, inc�( in RECEIVED JUN 18 2001 PERMrr couNTEp ACCESSORY DWELLING UNIT COVENANT Property Address: 8s E C. fl-, 0 w A w Edmonds, Washington Assessor's Parcel Number: G 1 a 0 -- 0 0 Z— oy o` f Legal Description: I, the undersigned, have attained approval for an accessory dwelling unit (ADU) at the property address above, in accordance with the provisions of Chapter 20.21 (Accessory Dwelling Units) of the Edmonds Community Development Code. I agree and understand that it is my responsibility to notify all future property owners or long- term lessors of the existence of the ADU and that its existence is predicated upon the occupancy of either the ADU or primary dwelling unit by the owner of the property. Additionally, I will notify all prospective buyers of the limitations on use and maintenance of the ADU as stipulated in Chapter 20.21 (Accessory Dwelling Units) of the Edmonds Community Development Code. An example of the limitations of the ADU per Chapter 20.21 is the property owner is required to reside in the primary or accessory dwelling unit for 6 months out of every year. Finally, this covenant shall be recorded in order to notify all current and future property owners that if any conditions of the ADU approval are violated, the property owner will be required to remove all improvements which were added to convert the primary dwelling unit into an ADU and restore the site to a sin, - ily dwelji g �. Property Owner Signature: Print Name: Property Owner Signature: Print Name: Date: -- - c'O STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that J C-) �zc) E_ T signed this instrument and acknowledge it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. Notary's pressure seals must be smudged. Dated: _//M� v Signature of 'r .'< Notary Public: Q VA 1� f .� S/�N/� /Ll PLLL�LL(4 ty = Residing at: `" �1.► at My Appointment t �; ' Expires: THIS DOCUMENT MUST BE RECORDED WITH THE SNOHOMISH COUNTY AUDITOR. Attachment 6 RECEIVED Chanda Earhart JUL ? 3 2001 Assistant Planner City of Edmonds PERMIT COUNTER 121 5t" Avenue North Edmonds, WA 98020 RE: Application for approval of an existing ADU File #ADU2001-75 Property Location: 8506 Bowdoin Way Chanda: I have the following concerns on the proposed ADU at 8506 Bowdoin: 1) This property is new construction so why wasn't the permit required prior to construction? The builder on this property is a local builder and is aware of the permit requirements and procedures; therefore, we would have to conclude that he knowingly built an illegal ADU to circumvent the public process. The ADU should not have been allowed to be built without the proper approvals. If the proper procedures had been followed the neighbors would have had the opportunity to review and possibly change the exterior appearance to better fit the character of the neighborhood. We (the neighbors) have now lost this opportunity. I realize the City may have charged him double permit fees etc. but in no way does this compensate the neighbors. We are now stuck with this structure, which does not fit the surrounding neighborhood, nor does it maintain the character of a single-family residence. Now the builder wants forgiveness for what it appears to be an intentional act to deceive the city and the neighboring residents by circumventing the process. 2) From its exterior appearance, the size of the ADU appears to be much larger than the 800 feet maximum. Again, this should not have been built without going through the proper process. As designed and built it does not fit the character of the surrounding single-family neighborhood. 3) Since the driveway and parking areas have not been paved it is difficult to determine if the parking complies with the ADU parking requirements. Before any ADU is approved the parking area should be paved to ensure compliance. Especially since, it would appear based on this experience, that the builder has a difficult time complying with the city's published guidelines and regulations. I feel the ADU permit should be denied due to the reasons mentioned above and the illegal unit removed, with the necessary structural and architectural changes necessary (e.g. removal of the 2"d entrance) to have the structure look and function as a single-family residence. This builder knowingly built an illegal ADU Attachment 7 dwelling. There should be no forgiveness for this action. If you want to build in Edmonds you should comply with the Edmonds city codes and procedures. The dwelling is poorly incorporated into the design of the principal residence and the appearance of the structure does not fit the character of the surrounding neighborhood. If you need any further information, please feel free to contact us. Sincerely, fte Fe eO Notice of Development Application mile # ADU 2001-75 MF,vT Robert J. Bretz sF9�Ices 21304 84"' West Fdmonds, WA 98206 425-776-1193 City of Edmonds Development Services Dept 121 5`h Avenue North Fdmonds, WA 98020 425-771-0220 Chanda Earhart This letter is in regards to Notice of Development Application File H ADU 2001-75. The first point I would like to make is that this residence at 8506 Bowdoin Wav was built from the start to include the ADU and not the way the ADU permit application was intended. In my opinion the ADU Permit was to allow existing residences to modify their house to accommodate extended family to reside with them or to allow households to supplement there income to help offset the rising cost of home ownership. The ADU was enacted to allow established residences to change the use of there homes because homes where not built with the same huge square footage (3,000 sq ft) that the house at 8506 Bowdoin Way was. Allowing the use of an ADU in this size ofa, house „ an open invite to allow unscrupulous homeowners/builders to build an oversize house and rent out the extra space. The second point is that this lot has been subdivided and undersize lot modifications allowed to help accommodate the builder ((jrosset Construction) father of.-Joi; Gresset owner of the residence. In my opinion we have accommodated the city's need for higher density housing by allowing the variances to this property and now a;asked again to allow higher density housing to this neighborhood. In my opinion I do not think an ADU should be allowed at this residcnc-7. rhar-k you for time and effort in this matter. Respeci.fu Robert J. retz Attachment 7