Ordinance 28170006.150.052
WSS/klt
10/31/90
ORDINANCE NO. 2817
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING SECTIONS 20.21.000 AND 20.21.015 TO
CLARIFY THE NATURE OF FINANCIAL HARDSHIP AND
DELETE REDUNDANT REFERENCES TO PHYSICAL HARDSHIP
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, a primary purpose for the enactment of
accessory dwelling unit provisions is set forth in section
20.21.000 in order to permit persons ". . . who, due to the onset
of a disability or the infirmities of old age, require the
assistance of friends, relatives or a professional nurse. . ." to
continue to occupy their homes; and
WHEREAS, the existing section 20.21.015 provides a
waiver of the two year residency requirement for physical or
financial hardship;
WHEREAS, the Council, desires to clarify the meaning of
financial hardship while, at the same time, removing the
redundant reference to physical hardship in such section;
WHEREAS, the physical hardship requirement is redundant
because persons with disabilities who cannot live in their homes
without the assistance of others and, who cannot financially
afford to pay for such services, other than through live-in
assistance, will qualify under the financial hardship provisions
if appropriate consideration is given to persons with existing
disabilities; NOW THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code
section 20.21.000 PURPOSE is hereby amended to read as follows:
20.21.00❑ PURPOSE
The purpose ❑f this chapter is to regulate
the establishment of accessory dwelling units
within single family dwellings while
preserving the character of single family
neighborhoods. The primary purpose of this
ordinance shall be to permit establishment of
additional living quarters within single
family residential neighborhoods in order to
permit persons, who due to a disability or
the infirmities of old age, require the
assistance of friends, relatives, or a
professional nurse, to remain in their
home. A secondary purpose is to permit
persons with financial hardships or persons
who have occupied their residence for a two
year waiting period to establish accessory
dwelling units in order to meet the high cost
of home ownership.
Section 2. The Edmonds Community Development Code
section 20.21.015 PHYSICAL OR FINANCIAL HARDSHIP --WAIVER is
hereby amended and in its place is enacted a new section
20.21.015 WAIVER --FINANCIAL HARDSHIP OR OCCUPANCY BY FAMILY
MEMBER to read as follows:
20.21.015 WAIVER --FINANCIAL HARDSHIP OR
OCCUPANCY BY FAMILY MEMBER
The Community Services Director, or his
designee, may grant a waiver of the two year
occupancy requirement if he finds that
either:
1. The main dwelling and/or the proposed
accessory dwelling unit will be occupied
by the applicant and that at least one of
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the occupants of the other dwelling is
related to the applicant by genetics,
adoption or marriage; or
2. The applicant, or member of the
applicant's family residing at the
subject site, has suffered a financial
hardship and that the waiver of the
residency requirement will allow for the
amelioration of the hardship. For the
purposes of this chapter, a financial
hardship shall be defined as any
situation outside of the control of the
applicant, which critically impairs the
applicant's ability to meet the financial
obligations associated with the home,
which was not anticipated at the time of
the acquisition of the subject site or at
the time of the applicant's initial
residence of the subject site, whichever
is first, provided, however, that this
provision regarding the unanticipated
nature of the financial hardship shall
not be utilized to bar a person with a
disability as defined by state or federal
law from obtaining a waiver if a bona
fide financial hardship exists. The
applicant shall have the burden of
establishing the existence of a bona fide
financial hardship by clear and
convincing evidence.
Section 3. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of the ordinance or a summary thereof
consisting of the title.
nvpunvRn•
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ATTEST/AUTHENTICATED:
IT CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: November 1, 1990
PASSED BY THE CITY COUNCIL: January 8, 1991
PUBLISHED: January 13, 1991
EFFECTIVE DATE: January 18, 1991
ORDINANCE NO. 2817
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STATE OF WASHINGTON,
COUNTY OF SNOHOIVZISH,
SUMMARY OF
ORDINANCE NO.2917
.0I ON!City of
_ Edmonds, vq Sh gfwl
On the Wh day of
SJan
atfa
1fmCity Council a9dhnds055ed Ordhionce
NO.7a17,ASlmmpry 01 Ilk,?cnnlenfof
"old ordinance,
e[Sn5i5fh1{y 01 the fi41e, orovlg,
a5 SOIIOws:
AN ORDINANCE DF TO+. CITY
AM DING SE& IONS 20.21.°nDd
AND W21,015 TO CLARIFY
THE FEATURE OF FINANCIAL
HARDSHIP AND DELETE
REDUNDANTREFERENa5TO
PHYSICAL, HARDSHIP AND
Fix*IG A TIME WHEN THE
SAME SHALL BECOME EFFEC•
TIVE.
The tufl fgxf of Ihty Ordlnanre
w111 bn malled uoan "'guest.
DATED this 8th day of
3onuarv. 1991.
JACOUELINE G. PARRETT
Clly Ctfrt,
. Pu611shed: January 13. 199 L
G&
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
.............. Summar....of --Ord.inance...No : 2817
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
January 13, 1991
and that said newspaper was regularly distributed to its subscribers
during all of said period.
...................... .............................................. ............. :...................................................
Principal Clerk
Subscribed and sworn to before me this ........ 1At
day of .............
....
...Januar.. .. .................., 19.........1.
Nfa y ubllc i and far the State of Washington,
r � g at Everett, Snohomish County.
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