City Code Violations Regarding ADUs - Sedro Woolley Washington
Hello,
My name is Matt and I am a BRRRR investor in Sedro-Woolley, a small town located in Skagit County Washington. I am disputing the city right now and am being unfairly pressured regarding their perceived usage of a property of mine and they are threatening me with hefty fines if I don't dismantle a second kitchen and other components of my home. My story, even if summarized, is quite long so I will just provide some quick notes. I would be happy to provide greater detail and the actual documents if anyone is interested in looking into this further with me. I am feeling like I am in a tough spot and am getting stressed out by all of this. I am grateful for any recommendations or references you may be able to provide to help me minimize the impact to my home and family.
What I Could Use Help With:
- Any general recommendation you may have
- Any referrals you may have for an attorney or other professionals who could help me regarding code law.
The Property:
-A 2200 square foot 3 bed, 3 bath single family residence located in the city limits of Sedro Woolley
- A complete remodel was just finalized this month under permit which was obtained in 2019
- The house was remodeled by the previous owners in 2007 where they added a second story where there is bedroom, living room, bathroom with washer and dryer, and a kitchenette with a 4 burner cook top, an over the range microwave, sink and refrigerator
- To this date, I have not rented out the property and we currently owner occupy.
- Originally, we had planned to House Hack this property living in the lower 1600 sqft while renting the upstairs out to a tenant. We have done this successfully before and the process was positively lifechanging.
- We are now looking to relocate to Anacortes Washington in less than a year's time and will not be able to rent both units if we don't owner occupy
Key Points From The Notice of Violation Received from the City
- Violation 1: "Unpermitted second unit in a portion of a single family home." "The building has two separate dwelling units; one main unit; and a second unit upstairs that has a separate electrical meter, bathroom, cook surface, mounted (above the range type) microwave and an entrance that allows the unit to be accessed independently from the main residential unit."
- Violation 2: "Unpermitted existence of second dwelling unit on a parcel zoned Resididential-7, one single family residence per lot, one duplex per lot 9,000 sqft or greater"
- Required Actions: 1. By 4/26/22 propose a plan to remove elements of the second dwelling unit that will eliminate the existence of the second dwelling unit. 2. By 5/12/22 remove the unpermitted improvements that constitute a second dwelling unit and remove the second electrical meter
- Alternative Action: By 4/26/22 Apply for an Accessory Dwelling Unit (ADU) permit
Consequences
- Maximum monetary penalty for each separate violation: $1000 for the first week and $500 / Day thereafter
My Objections
- The kitchen was existing in the house when we bought it.
- The sellers on their disclosure form marked that permits were obtained and that final inspections were completed.
- The electrical previously completed for the upstairs addition was inspected and the state's stickers are intact on the electrical panels
- When I asked the city to provide me with the permits for the remodel done by the previous owners the city told me "they were having trouble locating them"
- To the best of my research, the city's code and International Residential Code do not limit the number of cooking provisions, entryways, bathrooms, or electrical meters, on a single family house.
- I do not have an ADU. By the city's definition and ADU is auxiliary and separate from the main dwelling by "detachment or a solid dividing wall." What they are calling an ADU is simply the upstairs of my house. Their argument is that I could build a wall or block off that space. This is just silly...Until I have broken any rule or law...I haven't broken any rule or law...
- If we permit the house as having an ADU we will only be able to rent the ADU if we live in the house. We are hoping to move to another town in less than a year.
- If we permit an ADU we have to go on record agreeing to never use the house as a short term rental. This forever eliminates the possibility of us renting out all or a portion of the house on Airbnb, vrbo, etc.
- To permit an ADU will cost $10,000.00 in fees and an additional $98.00 per month for garbage and sewer.
- If we were to permit an ADU, we would not breakeven for 12+ months given our current market rates for rentals
- If we permit an ADU we will be on record saying we will always owner occupy the house and if code or law changes in our favor, I fear that I may not be able to rent both units.
Desired Outcome
- I want the city to remove their code violation and any fees assed from the records
- I originally wanted to rent out the upstairs of my house. With how the city is reacting to all of this I don't think I want to now even if it is within my rights. I am more interested in moving then renting the entire house out as a whole.
- Permit my home as a duplex if I could. This is wishful thinking and with how much resistance I am getting from the city already, I don't think I will even try. Code does allow for a duplex in the zoning where my house is located. The minimum lot size is 9000 sqft and my lot is 8712 according to the county's website. It is possible that a professional survey might find that my lot is actually bigger. It might also be possible to purchase the difference from one of my neighbors on paper but leave the fences in place.
Actions Taken So far
- Tried to work with the city Planner / Building Official who is bringing these charges against me to no avail.
- Explained myself to the city Administrator and asked for help in this situation
- Met with the city Planner / Building Official and the City Administrator together to find that they were going to take the same side.
- Emailed the Mayor of the city who explained to me that she is aware of my case and that she and the city's attorney are siding with the city Planner / Building Official
- Asked the city Commissioner for my ward if they could help me. I am awaiting his response.
- Responded to the Mayor asking for the Planner and city Attorney to justify their code violation the issued based upon the fact that I cannot have an ADU since it isn't separated from the rest of my living space. I also asked them to support the claims that a single family house cannot have more than one electrical meter, cooking location, etc. I am still waiting for their reply.
- I have started looking for local real estate attorneys but I have not found one yet. I do have a meeting setup to discuss my issues with one this Thursday.
Thank you again for reading this and for any recommendations you can offer. I have found this whole issue offensive and draining. My family and I were excited to live in this home when we bought it. We have taken an eyesore of a home and turned it into a beautiful place to raise our family. We have fixed and lived in three other homes in the city of Sedro Woolley all but 1 of which were housed by people with criminal and drug issues. All of our neighbors have appreciated our presence and the workmanship of our projects. Unfortunately the stigma our city has, is still there for a reason and we are tired of being the family that raises the average in each neighborhood we have resided. The frustrating thing about this is we exceeded all of our inspections and the house is up to current code and is now safer than it was before. This is not an issue of loss of property, human safety, or the protection of the quality of life in Sedro Woolley. It is an issue of ego, power, and compliance.
Sincerely,
Matt
First, you need to realize that the state of Washington (and lots of cities/counties) are cracking down on unpermitted additions and ADUs. Mainly because the STR issues and that the rising home prices are to be blamed on STRs. So you have a lot stacked against you to begin with. Regardless if you are in the right or not.
A couple things that need to be cleared up for you. Your "kitchenette" is a full blown second kitchen. Don't even both trying to call it a kitchenette to try and get around codes. Now the IRC doesnt put a restriction on second kitchens but it does put a restriction on number of units in a house. When you have a bedroom, bathroom & kitchen in a separate part of the house then you are effectively creating a second living unit. Now, is it truely separate? More on that later.
Next, by state law, ADUs can be attached or detached. This trumps the city code. You can try arguing this but I'll get to that later.
Next, just because it was existing when you bought it, does not mean it is legal or that it will get grandfathered in. If it wasn't properly permitted it is now your responsibility to fix it to meet code.
Next, state law currently requires that an ADU and main home be owner occupied to be able to be rented out to a full time tenant. That means you can only rent one of the units. If you dont live there you can only rent out the main house and not the ADU. It is also currently illegal to rent an ADU as a STR without being owner-occupied (this varies by city/county so check yours first). There are some proposed laws that would change the owner-occ requirement for LTR but dont bet on the STR restriction changing.
I see you have already tried to dialog with the city and they are basically all against you. So odds are that if you try to keep going in yourself you wont get anywhere. To be frank, you are not a professional that has experience with building or building codes/zoning (the vast majority of people arent) so even if you present codes correctly they arent going to take you seriously. You are going to need to get a professional to help you with you case. I would actually go to an architect first, over a lawyer. Not only are they going to have expert opinions on the local codes, they can help navigate with the city and help this get worked out. If you go in with a lawyer they will get defensive right off the bat. Save the lawyer for when you actually have to take them to court. As I see it here are your options (with an architect first):
1 - You can try to present your case that the upstairs second unit (what they are calling a second unit) is not separated from the rest of the house and is just an extension of the main. That there is no intentions of and no current way to separate the second unit. BUT the fact that you have already rented this out (or were wanting to) proves that this is, and was your intention to, treat this as a second unit. This will be hard pressed to pass muster.
2 - You can try to make your home a duplex. I dont know the layout of your home but 'usually' converting to a duplex is not that difficult. Your hurdle is the lot size requirement. This would require a variant though. It is possible but would take time and effort and could still be rejected. I think your best bet here is to prove that the addition/remodel was permitted. This would stop them from requiring you to remove the kitchen but there would still be restrictions on renting it (either STR or LT). But as soon as they cant make you remove it, I would think, they would work with you to make it compliant.
3 - Making it a legal ADU. First, this would not require much work. You do not have to have separate utility connections and meters for an ADU, unless the city specifically requires it by code...most dont. Duplexes aren't required to have separate connections and meters...and traditionally they havent. Again, the city could require it but that doesnt make much sense to me. This does come with the rent restrictions that I mentioned above. But it does give it extra resale value. I would at least do this so if you cant do what you wanted to you can at least sell it and not have any issues coming back to you later.
4 - Remove the second kitchen and turn it into a true kitchenette or wet bar. Now, removing it all would be the easiest route with the city. Labeling it a kitchenette or wet bar is another route, and legally you could do it, but odds are you will have a hell of a time getting the city to buy off. Even with an architect on board. I've just seen a lot of push back, even to this, even though they have to legal standing. The cities get to do as they please until they get sued. This would at least allow you to rent out the entire house as either a STR or LTR.
5 - Getting a lawyer and suing the city. This is obviously a last resort and a very expensive option. The reason cities have become so authoritarian is because they know the average person doesnt have the money to fight them in court. You will more than likely have to go through an architect first and have your options, that have been considered legal and viable options, that meet the code and presented by a profession still get rejected before a lawyer is going to have the ability to see that you have a reasonable case against the city. There might be other requirements before going to court too....like going through several appeals processes. Which could take a very very very long time to go through.
Thank you so much for taking the time to provide such a wonderfully detailed reply. I had never considered using an architect to help present and defend my case, this might just be the way to go. Unfortunately, the city is already offended and prepared to go to court over the matter. I wonder, at this point, if they would even be willing to consider taking my side without being forced to by a judge. I will call around and see if I can find a local architect who is familiar with our city code. Do you have anyone in your network that you would recommend?
In case it helps you or anyone else who reads your reply here a few additional points in response to your reply.
Our upstairs is separated from our home by a interior door and a set of stairs. The city defines an ADU as follows:
17.04.030 Definitions.
“Accessory” means subordinate and incidental to, typically associated with, and located on the same ownership. Private garages attached to or within the residence shall adhere to the setback requirement of the residence. In all cases, there shall be a minimum off-street parking apron of twenty feet in length directly in front of all garage door entrances when accessing a street either to the front or side of a residence. Where garage doors access an alley, the off-street parking apron shall be at least ten feet; accessory structures shall not contain any habitable space or room.
"Accessory dwelling unit" (ADU) means a smaller, secondary residential unit on the same lot as a primary dwelling. ADUs are independently habitable, clearly subordinate to the primary dwelling, and provide the basic requirements of shelter, heating, cooking, and sanitation. An ADU is separated from the existing house by detachment, or if attached, by solid wall construction. There are two types of ADUs:
1. Garden cottages are detached structures. Examples include converted garages or new construction.
2. Accessory suites are attached to or part of the primary dwelling. Examples include converted living space, attached garages, basements or attics, additions, or a combination thereof.
From <https://www.codepublishing.com/WA/SedroWoolley/#!/SedroWoolley17/SedroWoolley1704.html#17.04.030>
Key points being that an ADU is "separated" and if attached "by solid wall construction". This is what I am anchoring on and the city commissioner told me that that is not what they meant that that he would rewrite it personally. To me it surely seems to be clearly written, it just doesn't support their intentions they have for my house.
I have told the city that I would love to make my property into a duplex if I could. The building official is unwilling to consider this though. I have already asked him about it and when I did, he responded to my question with "I forgot about the impact fees for the ADU permit" These impact fees are $7500. Originally they were only going to charge me $250 for the application fee. Maybe I have consider myself lucky and perhaps I shouldn't have questioned the matter but I left the situation feeling like it was retaliatory. After meeting with the building official's boss with the intension of having him be an unbiased mitigator, the city's building official decided that I couldn't keep my brand new 2 meter electrical service and that is now part of the corrective action they are seeking. This unit was legally installed under permit with the state. Our city's municipality does not govern electrical work. Talking to an architect could help me to understand what is required to create a code compliant duplex other then a 9000 sqft lot. Again, thank you for encouraging me to talk to one.
I'd consider removing the kitchen cooking surfaces and this might help me later to keep my future tenants from subletting the property and renting out the upstairs. One issue though is I am really not wanting to re-permit, remove, and then replace my electrical work to appease the city. As mentioned above, one of their demands is to remove the two meter electrical service.
Thank you again Nik for your response and suggestions! I truly appreciate it.
Matt
@Matt Joplin What a bummer of a situation, sorry you have to go through this. Like @Nik Moushon said, it must be the thing they are really cracking down on because our town of Anacortes hunted us down regarding our illegal ADU. It's detached and definitely an ADU, so we paid the fees that totaled about $1000 and did another $1000 in drywall work to get it to code. I think most of the fee was because the work was never permitted when the ADU was built in 2010.
Have they said anything more as to finding the permits in their records? Can you push back on that more? I know they are so short staffed over there. I feel like they should work a little hard to look for their permits. Or just sue the previous owner for lying on the disclosure (sarcasm).
1. @Nik Moushon regardless of what and where appliances he has in his home, isn't he allowed to rent out rooms of his house freely on his own accord? What if the door is eliminated, then can it be considered combined space?
2. From my research to turn something into a duplex, I was looking at 20k in costs. All the impact fees get applied Total fees for a new SFR in Sedro are about $30k, so they are trying to get most of that for the new dwelling unit you are creating. Does a duplex require a separate water meter from PUD? I know it's not always required, but the City will hit you will sewer impact, fire, schools, traffic, etc. If you have gas you'll want to have CNG come out and separate that. You already have your electrical, so that's good. Buying a little bit of land from a neighbor is not as easy as it sounds. The City will probably not even approve of the BLA (boundary line adjustment) anyway.
3. Matt - why do you have to get separate garbage and sewer service for an ADU? Could you sign up for this service now? If not, then I say you don't have an ADU now. Do they give separate addresses for ADUs? What are the total fees for the ADU and why is it $10,000? Are you paying for a sewer impact fee? That seems like a lot to compared to my experience. We don't have to pay for separate garbage and sewer because the ADU's sewer is combined with the house. But if you do the ADU route, they are probably going to require a beefier divising wall between the two units. I'd ask them what construction wise they would require. That interior stair is the only entrance to the ADU? That seems odd and not consistent with how ADU's are constructed. Like they would give a separate address to a bedroom on the second level of your house you have to get to from the inside?
4. My first thought was also to just remove the pieces that they don't like. What would you have to remove, the range and range hood? The actual wiring or just the unit? This seems like the simplest part to me. Taking a fridge out is easy. Are you allowed to have a sink and counter?
5. Skagit Law Group does real estate, but maybe an architect like Nik would be a better bet. I don't know any Sedro specific architects. Or just move to Anacortes already.
Electrical - I believe PSE would have to get the City's approval before installing a second meter, so you could talk with PSE for their records.
@Matt Joplin
@Julie Marquez
You are going to have a nearly impossible time trying to convince the city about changing their definition of an ADU. If you really want to go down that route you will have to get a lawyer involved and take them to court. We are dealing with the same thing over hear. The county is adding code and changing definitions base on "office policy"....which is blatantly illegal. I know, and you know, it says solid wall....but good luck getting to accept it. I'm sure they are wanting to change the wording of the code but thats not how it is now. Also, the fact that it is separated by a stairway with a door basically seals this an ADU.
NO ONE, and I mean no one, at any jurisdiction is unbiased. Once someone in there has made a decision they all stick to it. You will be hard pressed to find someone over ride another person. Thats just how governments run.
The city cant prevent you from building something that is legally allowed. If you can make all the needed changes to meet the requirements of a duplex they cant tell you you cant do that. I would definitely hire a lawyer at that point. Again though, you have to have something submitted and rejected before you can bring a law suite. So you'd have to hire an architect to draw up the changes and have it rejected. Getting a variance for the lot size is one option and buying part of your neighbors property and adding an easement to it so they still get to "keep it" is another.
The electrical work is an odd thing. I can understand why they would want you to remove it (bc of the ADU thing) but if it was permitted and inspected then....they cant make you remove it. Plus if you convert it to a duplex you can still use it.
When looking for the permits, dont let the city do the looking for you. Most cities have online records of permits pulled and inspection reports. Odds are they are giving you the run-around. You can also put in a "request for information" form, usually through the city/county auditor and request all files for your address. Specifically on all permits and inspection reports. My county has an online form I fill out and then they email me once its done and theres an online portal where I can download it all. Usually takes a couple weeks. Just dont go to the planning department to get help anymore on anything. Also, make sure to reach out to the sellers and the sellers agent. Ask for information on the permits. Just remember that an owner can think everything was done with permits and the contractor never actually permitting anything. You have no idea how often that happens. With that said though you could go after the seller and the sellers agent for lying on the selling forms...again lawyers though and burning bridges.
Julie is right that you can rent out rooms, but that only works when you share spaces. i.e. a shared kitchen and living space. So if you removed the kitchen you could rent out the upstairs as a "room" but they would be sharing the kitchen. Depending on the layout of the entire house you might be able to argue it better...but again...seems like the city is dead set on only allowing the kitchen to be removed as the only option.
Julie, eliminating the door would technically remove the issue....but the cities dont see it that way. This a huge problem everywhere. Cities are interpreting building codes as they see fit. And until someone with deep pockets takes them to court and wins (not settling as that usually seals the outcome and its not made public).
@Nik Moushon very very helpful response from your architect/code side! We builders / investors play in the game and do the best with what we can with unclear and changing rules and regulators. As unfair as it is, I can see fighting a government is not always the best option. Someone in the state ADU counting land must be really hungry to get their ADU numbers!
Thank you so much for your reply. I always appreciate your feedback! To your points:
2. Isn't it wild what they are trying to charge me for impact fees! Considering it is only one bedroom and that we would likely have just a single person living there I just don't get it. They are wanting to charge a theoretical 61% sewer connection fee for the usage of my existing sewer connection with no changes at all. If I could just pay $20-30K instead of the nearly $10k for an ADU permit, I would happily do so. As @Nik Moushon suggested, I began looking for architects yesterday to see if they could help me to determine what the requirements are for a duplex conversion. I asked several people at the city for these requirements and the best response I have received was "you don't have a duplex".
3. The city requires you use the same house number with A. and B. added to the address. Their is an exterior door at the bottom of the stairs as well as an interior door at the landing. This was how the home was configured when I purchased it.
4. I might result in just removing the cooking appliances it surely would be easier than what I am currently devoting my time to. They are asking me to remove and replace the 2 meter electrical service also. I would consider removing the cooking appliances though, I am resistant to because I just simply don't agree that they should be able to mandate me to do so out of fear that I might break the code. I am and have never rented out the house even though I would have liked to. We all have the opportunity to break any law or code in our own homes. We however, should not be considered guilty or a criminal until we have committed an actual act and therefore, should not be penalized in advance of.
5. Thank you for the recommendation. I contacted Skagit law and they are not taking new clients right now. With most local attorneys I have contacted are not interested because they work or with the city or that is not their area of expertise. I did find David Day out of Burlington who practices land use and zoning law was willing to meet with me tomorrow. I was referred to him by Stiles and Lehr
I really like your points about submitting for a true duplex. I am interested and my just head down this route. I just need someone to tell me what the actual requirements are. The city has been unwilling to work with me because my lot size is just under what is required by code. As both of you mentioned, I will most likely receive a great deal of resistance even if I were to make an agreement with one of my neighbors to purchase land from them.
Yes the electrical work is just another of my odd experiences with the city. They have done a few things that are not just in my opinion. This is one of them. Electrical work is permitted and inspected by the state in our city and it is our of the city's jurisdiction. I think it is unethical to threaten me with fines if I don't remove something that is out of an area of their responsibility. Another is that they held my final inspection captive because of this code compliance issue. This too seems unethical and I don't think they have the power to do this given the work I completed under their permt had nothing to do with the upstairs of the house. The only updates I did to the upstairs were done and finalized under my state electrical permit. The other odd things are that they "cannot find my permit" and that my original registration fee was $250, then $3000, then there was a glitch and it became $7500 including the impact fees but not including the $1500 in drafting work they want of the existing as built. Each of the increases were separate events in reaction to me questioning the city's building official. It doesn't seem quite prescriptive and I wonder how many other ADUs are registered and what other home owners have paid. All this tempts me to talk to an attorney.
Your suggestion to do a formal request for permits is brilliant! I will have to see how this process works with our city. Our county's assessor has a really good online site which includes permits for some areas but Sedro Woolley does not upload their data to any public site.
A big motivation for them is revenue generation and control. They see this second kitchen as a threat / liability and they want an ADU agreement recorded at the county so my house will be in their control. Any future owner, from the point an ADU is registered, will also have to go on county record agreeing to all of the stipulations (owner occupancy, no STRs, commitment to paying additional sewer / garbage, etc.) and pay a registration fee. I am already paying for an unnecessary electrical service and I don't want to forever have to pay additional sewer and garbage fees for a home occupied by a single family. Unless I can officially have my home reconsidered as a duplex then the ADU feature doesn't have any financial benefit given my goal to move in my 1 year or less.
Thank you both for volunteering your time to help me and for all of your wonderful advice. I appreciate it and am using it as encouragement.
Hi Everyone,
I just wanted to post an update. I ended up hiring an attorney to assist me with this issue and we submitted for an appeal on the 27th of April. My attorney's strategy was to submit the appeal two hours before close of business on the last day possible in the appeal period. It was a sunny day and many of the office workers in the building department had left work early. My attorney had made a correct prediction that the bullying tactics the city was using against me were not often challenged because the people at the payments desk had no idea what to do or how to receive a check for a building code appeal. It took the city clerk in the treasurers office, 3 receptionists, and the court clerk before we were able to submit my appeal and the $100.00 fee. I was a bit uncomfortable but my attorney was chuckling at times because of their lack of knowledge regarding the appeals process. Almost 2 months later now, my attorney and I have not heard a word back from the city and he figured as much. I haven't done anything wrong or illegal, they were just trying to force me into corner so they could gain additional revenue and control / restrict the future usage of my home. It is sad that I exercised every option I could meeting several times with (both individually and together) the building inspector, the building official, my city councilman, the city administer, and the mayor to try and prevent an escalation that would involve lawyers.
In my research, I determined that the mother in law apartment the city first accused me of building, then later accused the previous owner of building without a permit was actually permitted. The city was "not able to locate" the permit paperwork or plans, but I was able to uncover a receipt from the building department covering the addition and the second kitchen that was installed by the previous owner. All the work that I performed was permitted, inspected, and signed off complete. It is sickening that people in power would act outside of their authority and jurisdiction to prevent me from simply living in my home. It is also troubling that every single person I could have talked to at the city was unwilling to act as an unbiased intermediary who could help resolve the conflict between the city planner and myself.
All of this has been an eye opening experience for me and I have learned that my voice, even if truthful and right, will often be completely disregarded by those who hold authority. I don't ever wish for conflict and I didn't want to have to bring an attorney into this situation. What I found was that an attorney is a valuable "who" to have in your tool kit and that I would have saved a great deal of stress and time had I gone directly down that route.
Thank you both @Julie Marquez and @Nik Moushon again for your guidance and recommendations. Best of luck to you both.
Matt - thanks for the update and I hope it goes well from here out. I hope that it's the attorney we originally spoke about, because having a good guy like him on your side is invaluable, like you said. I thought he was retired, but I'm glad someone was able to come out and believe in your cause and lead you through a "small town" case. I'm proud of you for sticking up for yourself, and I can only hope it sets the tone for how a government can act in these cases, especially as I start working with this town. But come on over to Anacortes any time now!