Edgemoor Neighborhood Plan Update Draft

Chapter 4, Housing

Part 1 Existing Stock

Existing houses in Edgemoor generally conform to the appropriate zoning code regulations and are either relatively new or well maintained. A disturbing change in Zone 2 and elsewhere is the conversion of some single family houses to rentals with the resultant lack of maintenance of the yards, noise, and extra vehicles which park in the right-of-way.

A house at XXX Hawthorn has a lot which is choked with blackberry bushes, in sharp contrast to the lots next door. Aside from the unsightly aspect, this lot is a likely breeding ground for vermin including rats and feral cats and as such warrants attention from the zoning inspector.

The overriding concern is the proliferation of houses which exceed the size requirements in Low Density zones, including zones 4 and 7. The Land Use and Development Code of the City of Bellingham, Section 20.30.030 “Permitted Uses”, A. “Uses Permitted Outright”, includes (1) which reads:

Single Family Dwelling Unit wigh less than 5,500 Square feet of total floor area. (See Conditional Uses. ….)

The focus of concern needs to be how the Conditional Use Permit process is administered since the standard is clear. It is further identified in what appears to be detailed in section 20.16.020, S. (3) entitled “Single Family Residence” containing 5,500 square feet or more:

(a) Explanation – A Conditional Use Permit is required for the construction of a single family residence when the main building contains at least 5,500 square feet of total floor area or for any addition to the main building of a single family residence that will result in a building containing at least 5,500 square feet of floor area. ….

There are two following subsections, one of which is:

(c) Special Requirements:

i. … The Hearing examiner must find that the proposal will not cause significant adverse impacts on views from other properties….

and also:

In all locations, regardless of… views…, the building should minimize the impacts on the surrounding residential area by employing roof styles and building articulation that is comparable to those commonly found in single family residential construction. Adverse impacts should also be minimized by attention to the relationship between the building and the topography of the site.

Clearly, the relationship of the proposal needs to be judged with more than accommodation to lot and setback requirement, including the architectural detail.

Furthermore, the Code specifically identifies that “Conditional Uses” are to be treated as irregular allowances. The definition of the term is in 20.08.020 C. (19):

Conditional Use: A use so listed in the appropriate section, which because of its unusual size, infrequent occurrence, special requirements, possible safety hazards, or other detrimental effects on surrounding properties, may be approved only by the Board after a public hearing.

It is important to note that the Code is overwhelmingly supported by the residents of Edgemoor. The question of house size with respect to square footage was posed in the questionnaire. 65% of the respondents voted for the strict enforcement of the 5,500 sq.ft. limit, 24% for the reduction of the size limit to 4,000 sq.ft. and but 8% voted for “no limit”. In other words, 89% of the respondents indicated a preference for enforcement of the existing limit or for a reduced limit.

A Conditional Use Application follows the procedures of Code section 21.10.040 “ Types of Land Use Decisions” D. “Type IIIA. including 2. “Conditional Use” which says that process is a “quasi –judicial review and decision made by the Hearing Examiner that has no administrative appeal” which may entail legislative or judicial procedures. That seems to imply a degree of finality to the decision on such matters and makes appeal more difficult than it would be otherwise.

It is important to recognize that Code section 20.16.010 “Conditional Use Requirements and Procedures, General Provisions” which precedes the citation above of specifics for review of applications for single family dwelling exceptions. It says:

B. Certain uses may be allowed in certainGeneral Use Types… provided… it is clearly shown that:

(1) the proposed use will promote thehealth, safety, and general welfare of the community…

as well as:

(3) The proposed use will not be detrimental to the surrounding neighborhood.

Unit E. of this title continues and expands on unit B. cited above:

E. In applying the standards set forth is paragraph b above the Hearing Examiner shall consider the following factors as to whether the proposed use will:

(1) Be harmonious with the general policies and specific objectives of the Comprehensive Plan.

and

(3) Be designed so as to be compatible with the essential character of the neighborhood.

as well as

(8) Not result in the destruction, loss or damage to any natural, scenic, or historic feature of major consequence.

It appears that the limitations imposed on the Conditional Use Permit were not intended to be adjusted to a lower standard or any of the factors sited as requirements be lost in the process. Section F. which follows (8) cited above says:

The Hearing Examiner shall not waive or reduce the minimum requirements of this title or any other title of the city code, unless upon proper variance petition.

The current procedures used to obtain a Conditional Use Permit appear to be as follows:

1. Application The property owner submits an application to the hearing examiner. Attached to the application are the architect’s specifications and drawings showing layout, height, floorspace, and orientation of the addition on the lot.

Flaw No. 1

The applicant is not required to give a compelling reason or explain the need to exceed the 5,500 sq. ft. floorspace limit irrespective of the Code requirements which require justification for the impact on adjacent houses, demonstrated compatibility with the character of the neighborhood, etc.

Flaw No. 2

Once over the 5,500 sq. ft. limit, there does not appear to be any upper limit on floorspace as witness the 10,280 sq. ft. house approved to be built at 826 Briar Road.

2. Public Notice and Hearing The immediate neighbors within 500ft. of the lot of the applicants property are notified in writing, the lot is posted and the hearing is held in accordance with Code. In the case of Edgemoor, this will reach no more than three properties in any direction for a total of 12 neighbors who will be notified and asked to submit comments. Posting consists of a 1.5 X 2 ft. sign with the pertinent information placed in view on the property stating the time, date and location of the hearing to be held. The hearing then takes place, the hearing examiner makes judgement and issues an order.

Flaw No. 3 Since the property may be located on a collector or a street of sufficiently long block length, it is likely that many more than the immediate neighbors will be affected by the construction and finished product than those with property within 500 feet of the proposed excessively-sized house. More notice based on conditions (such as full block length on the major approach and successive houses on the same road and block) should be notified.

Flaw No. 4 It does not appear that any finished applications, incomplete as they may be, have denied or modified in any way post the application process. No no-build alternatives have been selected since 1995. Therefore, it does not appear that there is any value to the hearing whatsoever other than to window-dress the Code. In short, the important task of addressing compatibility, neighborhood character and suitability have been systematically overlooked.

As a start in this direction, it should be noted that the questionnaire clearly indicates that 82% of the residents of Edgemoor responding to the questionnaire indicated (Question 11) that changes should be “In Harmony of Scale” with existing development. 80% were either neutral or in disagreement with the statement that the “City adequately protects views”(Question 9) and 53% indicated a preference to strike a balance between protecting views or protecting trees( Question 14). The preponderance of opinion supports the contention that items currently overlooked are of major concern to the residents.

Part 2 Analyis and Objective

Edgemoor desires new housing of changes in the existing stock to be in “Harmony of Scale” with the existing houses in each zone with respect to height, footprint and total square footage. There is a clear implication that the feature of the house, when taken as a whole, should be relevant to the character of the neighborhood. That does not imply design standard requirements but it does imply responsibility to avoid the garish, outlandish and offensive.

New housing should be safe, secure (built to high seismic requirements) and efficient. The later implies that houses should be built with energy efficiency in mind, possibly in excess of the current Uniform Building Code requirements. Ease and simplicity of connection to water and sewer lines is to be expected. Finally, buildings should be so cited as to provide attractive views with a minimal sacrifice of natural features from topographic forms to trees and located to avoid potential topographic problems such as slope instability due to unstable soils or earthquakes.

Clearly, the thrust of concerns is to support owner-occupiers.

Part 3 Goals

v The City needs to take the Code that it operates under more seriously particularly with respect to Conditional Use Permits.

v Zoning guidelines need to be developed to take into account the need for more efficiency in the operation of dwelling units.