Land Use Opinion Letters

What Is It?

An opinion letter describes our analysis of an issue relating to how the standards of the Land Use Code or related codes apply to a particular site, use of land, or development proposal. Our opinion letters provide helpful information about how particular code standards would apply. Please note these letters are preliminary and cannot be appealed. You may request several types of opinion letters. Questions that cannot be handled through our online customer chat can be addressed in writing through an opinion letter. A minimum hourly fee is noted by each type of letter. More complex questions that require additional time will be billed at either the land use hourly rate or the base fee in the Fee Subtitle. The following guidance will help you select the appropriate request type. You can request letters for: 

• Preliminary Land Use Analysis
  (minimum 0.5 hours, billed at the land use hourly rate)
  For written analysis of simple development standard determinations, Reviews are limited to half an hour. Example: Written confirmation of readily available code information.  
  
• Preliminary Land Use Analysis with research
  (minimum 1 hour or more billed at the land use hourly rate) 
  For the analysis of Land Use Code development standards that require more detailed analysis or permit research. Example: Written analysis of site-specific requirements involving a single code standard.
  
• Detailed Land Use Analysis with research
  (minimum 4 hours, billed at the land use hourly rate)
  For the analysis of multiple or complex land use standards up to analysis of specific development scenario. Example: Complex pre-purchase due diligence or analysis of site development potential.

We also issue opinion letters about specific code provisions or the applicability of certain programs.

• Tree or ECA Related Analysis: 
  (minimum 1 hour, billed at the land use hourly rate)
  For the analysis of either Tree or ECA related standards related to future development of a property. Staff can clarify required tree protection areas to assist with site plans, tree removal calculations, and/or confirm ECA-related technical information. Example: Requests for a “Tree Sub” (phone call or on-site meeting with an arborist), or wetland delineation and buffer width determinations.
• Design Review Exemption Eligibility Analysis
  (minimum 4 hours, billed at the land use hourly rate)
  To request a letter of eligibility for exemption from Design Review.
• Legal Building Site Letter
  (minimum 2 hours, billed at the land use hourly rate)
  To address whether a particular parcel qualifies for separate development. To qualify for separate development, the lot must have been legally separated from neighboring properties. It must not be needed to meet code standards for a development on a neighboring lot. 
• Open Space Remainder Letter
  (minimum 4 hours, billed at the land use hourly rate)
  To get an exemption from platting per SMC 23.20.004.6 for transferring land to the City for open space purposes.
• Reasonable Accommodation Request
  (No Cost)
  A request under the Federal Fair Housing Act, as referenced in SMC 23.40.040, for relief from the Land Use Code for improvements such as ramps or other accommodations that would not otherwise meet standards.
• Rebuild Letter (Zoning Verification) with and without research
  (with research: SDCI base fee, without research: see fee subtitle)
  To identify the zoning and the legally established use of a property. You may need to provide this rebuild letter to your lender if you are purchasing or refinancing property. We can provide you with a letter documenting the following:
  • the current zoning of a property
  • any code violations for the property
  • the current legally established use of the property
  • whether the legally established use conforms to current code
  • whether the structure(s) on the property can be rebuilt
• Tow Lot/Salvage Confirmation Letter
  (1 hour billed at SDCI base fee)
  We typically require a permit to establish a tow lot. However, you do not need a change of use permit when an automotive tow/impound lot is created on a property that has an established outdoor storage use. This letter is provided in order to complete the Vehicle Transport/Disposal Certification and Approval form from the Washington State Department of Revenue.
• Transfer of Development Rights (TDR) Letter
  (minimum 4 hours, billed at the land use hourly rate)
  To determine the amount of gross floor area that is available to send from a site. This request can also be made for Transfer Development Potential (TDP) letters.
• Property Use and Development Agreement (PUDA) Letter
  (minimum 2 hours, billed at the land use hourly rate) 
  To review applicability of PUDA conditions and provide direction on modifications to an agreement.

How Much Does It Cost?

Fees for most opinion letters are based on either the land use hourly rate or the SDCI base fee. The list above shows the minimum fee of each type of opinion letter. The minimum fee is due when you apply. In many cases, this minimum fee covers the cost of the review. If staff time exceeds the minimum, we bill additional time in quarter-hour increments. Any fees beyond the minimum must be paid before we issue our opinion letter. See our Fee Subtitle, Table C-1, for current hourly rates.

How Long Does It Take?

You will typically receive your opinion letter within 2-4 weeks. If you need your letter quickly due to an impending closing or contractual deadline, we do our best to meet your needs. Please include any time constraints on your initial request form.

Steps to Get

• You must submit a Land Use Analysis request (under Permits - Trade, Construction & Land Use) through the Seattle Services Portal. Read How to Submit a Land Use Analysis Request for instructions.
• You may need to complete and upload the Statement of Financial Responsibility form as part of your application.
• Complete and upload the Request for Land Use Analysis Letter. Complete this form for all analysis requests except Tow Lot/Salvage Confirmation letters and Rebuild letters. 
• You must submit additional required documents for some request types:
  
  • Surveys: A survey is required for Legal Building Site letters, Surplus State Property Letters, and Open Space Remainder Lot Analysis letters.
  • Site Plan: A site plan is required for a reasonable accommodation request and Tree or
  • ECA Related Analysis request.
  • Floor Area Calculations: An analysis of the transfer of development rights is needed for a TDR letter.
  • Title Report: A title report is needed for a TDR letter.
  • Property Use and Development Agreement (PUDA): The PUDA to be analyzed must be included in a Property Use and Development Agreement request.
• You may upload supporting documents, such as arborist reports, plan sets, or permit research that may help with the analysis. Providing information upfront may reduce staff time and cost of the letter. The cost of letters may not be reduced below the minimum fee due at application.