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 we believe particular code standards would apply. You cannot appeal an opinion letter.

You may request several different opinion letters from us:

• Legal Building Site Letter
  To address whether a particular parcel qualifies for separate development. Please see Tip 255, Legal Building Site Letters for more information.
  
• Open Space Remainder Letter
  To get an exemption from platting per SMC 23.20.004.6.
• Development Potential Letter
  To request a letter of eligibility for exemption to Design Review.
• Transfer of Development Rights (TDR) Letter
  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.
• Tow Lot/Salvage Confirmation Letter
  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.
• Reasonable Accommodation Request
  A request under the Federal Fair Housing Act, as referenced in SMC 23.40.040, for ramps or other accommodations within a setback where they would not typically be allowed.
• Preliminary Zoning Analysis Opinion Letter 
  For the analysis of a single development standard such as a determination of alley versus street access to off‐street parking, or review of Type 1 exceptions from street level development standards in commercial zones. Use this option for covenant release and easement analysis requests. We do not generally recommend this option for projects that are going through the Master Use Permit approval process.
• Detailed Zoning Analysis Opinion Letter
  For the analysis of more than one development standard. We do not generally recommend this option for projects that are going through the Master Use Permit approval process.
• Rebuild Letter (Zoning Verification)
  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 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

How Much Does It Cost?

Our fee for most opinion letters is a minimum of 1 - 4 hours for research and analysis. In many cases the initial fee is sufficient. You may need to pay additional fees for more review if the issue is complex or requires significant additional research. If we do conduct more than 4 hours of review and analysis, you will need to pay the balance before we will issue our opinion letter. See our Fee Subtitle, Table C-1, for current hourly rates.

We don't charge for reasonable accommodation request opinion letters.

How Long Does It Take?

Our opinion letters typically take 2 - 5 weeks to research and write. We may need additional time in cases requiring complex research, analysis, or when we request additional information from you. If you need your letter quickly due to an impending closing or contractual deadline, we do our best to meet your needs. To request expedited service, contact us through our Building or Land Use Question tool.

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 Request for Land Use Analysis Letter form for legal building site, transfer of development rights, reasonable accommodation, or zoning analysis requests. 
• You may need to complete and upload the Statement of Financial Responsibility form as part of your application
• You may need additional documents to complete your request. You must submit the required documents for the following request types:
  • Legal Building Site: analysis of the property, permit history, historic permit records/plans and survey
  • Transfer of Development rights: floor area ratio calculation, plan set including floor plans and title report
  • Preliminary or Detailed Zoning Analysis: plan set
• You will need to pay all fees before we issue our Opinion Letter.