10517 240TH PL SW.PDF111111111111
4296
10517 240TH PL SW
CITY OF EDMONDS
DAVE EARLING
MAYOR
121 5TH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-771-0221
www.edmondswa.gov
jnc 1$9Q PUBLIC WORKS DEPARTMENT
Engineering Division
July 24, 2012
Eric K. Montgomery
10517 — 240"' Place, SW
EDMONDS, WA 98020
RE: Right -of -Way Encroachment at 10517 — 240"' Place, SW
in Edmonds
The City of Edmonds has become aware that you have constructed an encroachment on public right-of-way --
specifically, the washed aggregate walkway together with concrete curbing extending adjacent to your parcel
frontage encroaches into the City Right -of -Way by approximately 1.3 feet. The current construction constitutes a
violation of Section 18.70 of the Edmonds Community Development Code (ECDC), which reads in part:
No person shall use or encroach upon any public place without obtaining a permit from the development services
director or city engineer.
A. Encroachment Permit. An encroachment permit is required to encroach upon any portion of city public space,
right-of-way or easement area with permanent structures. To encroach means to construct, erect or maintain in,
over or under any public place, right-of-way, easement, roadway, parking strip and/or sidewalk, including the
airspace above them, any structures permanent in nature, including but not limited to, building extension, marquee,
fence, retaining wall or any other building or structure.
Any improvements placed in the public right-of-way must have written approval from the City and will require that
an Encroachment Permit be obtained. A handout describing the permitting procedure is enclosed for your study. If
you choose not to apply for an Encroachment Permit, or a permit is denied, the City will require the encroaching
structures to be immediately removed.
Please note that Planning setback regulations also affect the east side yard patio as follows:
16.20.040 Site development exceptions.
C. Porches and Decks. Uncovered and unenclosed porches, steps, patios, and decks may project into a required
setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no
more than 30 inches above ground level at any point.
This property is located in the RS-8 zone which has a 7 '/z foot setback. The patio can only project into the required
setback by 30 inches and can not be located within 5 feet of the east side property line. The patio will need to be
revised to meet the code above.
We understand that you may not have been aware of these ordinances. However, to comply with the code, you will
need to begin corrective action by August 7, 2012. If you have any questions, please contact me at 425-771-0220.
The Plamiing Division can answer questions regarding the required setbacks at the same phone number. Thank you
for your cooperation in this matter:
Sincerely,
EDWARD SIBREL
Senior Engineering Technician
c: Mike Thies, Code Enforcement Officer
Joanne Zulauf, Engineering Technician.
Street File
enclosure
• Incorporated August 11, 1890
S:\ENGR\ED\Letters\Misc_Letters\?40P1 SW-10517_EncroadmSitter City - Hekinan, Japan
• .0-
CITY OF EDMONDS
121 5TH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425=771-0221
www.edmondswa.gov
j�� 189Q PUBLIC WORKS DEPARTMENT
Engineering Division
July 24, 2012 w
Eric K. Montgomery
10517 — 240"' Place, SW
EDMONDS, WA 98020
RE: Right -of -Way Encroachment at 10517 — 2401h Place, SW
in Edmonds
DAVE EARLING
MAYOR
The City of Edmonds has become aware that you have constructed an encroachment on public right -of -way. --
specifically, the washed aggregate walkway together with concrete curbing extending adjacent to your parcel
frontage encroaches into the City Right -of -Way by approximately 1.3 feet. The current construction constitutes a
violation of Section 18.70 of the Edmonds Community Development Code (ECDC), which reads in part:
No person shall use or encroach upon any public place without obtaining a permit from the development services
director or city engineer.
A. Encroachment Permit. An encroachment permit is required to encroach upon any portion of city public space,
right-of-way or easement area with permanent structures. To encroach means to construct, erect or maintain in,
over or under any public place, right-of-way, easement, -roadway, parking strip and/or sidewalk, including the
airspace above them, any structures permanent in nature, including but not limited to, building extension, marquee,
fence, retaining wall or any other building or structure.
Any improvements placed in the public right-of-way must have written approval from the City and will require that
an Encroachment Permit be obtained. A handout describing the permitting procedure is enclosed for your study. If
you choose not to apply for an Encroachment Permit, or a permit is denied, the City will require the encroaching
structures to be immediately removed.
Please note that Planning setback regulations also affect the east side yard patio as follows: ,
16.20.040 Site development exceptions.
C. Porches and Decks. Uncovered and unenclosed porches, steps, patios, and decks may project into a required
setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no
more than 30 inches above ground level at any point.
This property is located in the RS-8 zone which has a 7 '/z foot setback. The patio can only project into the required
setback by 30 inches and can not be located within 5 feet of the east side property line. The patio will need to be
revised to meet the code above.
We understand that you may not have been aware of these ordinances. However, to comply with the code, you will
need to begin corrective action by August 7, 2012. If you have any questions, please contact me at 425-771-0220.
The Planning Division can answer questions regarding the required setbacks at the same phone number. Thank you
for your cooperation in this matter.
Sincere y,
EDW6ARD SIBREL
Senior Engineering Technician
c: Mike Thies, Code Enforcement Officer / �e
Joanne Zulauf, Engineering Technician.
Street File,
enclosure
• Incorporated August 11, 1890 •
SAENGMED\LettersWisc_Letters\240P1SW-10517_EncroachmrQet pfer City - Hekinan, Japan
McConnell, Jeanie
'From: erik montgomery <gummer71@hotmail.com>
Sent: Monday, August 06, 2012 1:57 PM
To: McConnell, Jeanie -
-Subject: Encroachment, walkway,curb,and side path.
Attachments: 005.JPG; 011.JPG; 008.JPG; 010.JPG; 005 (2).JPG; CCE08062012_000OO.jpg; Image.jpg;
Image (2).jpg
Erik Montgomery
10517 240yh pi sw STREET FILE
Edmonds .wa
98020
This is a explanation of the improvements that have been made on my property.
I removed an existion front walkway that went from my front porch towards south and turned west to my driveway.
and replaced it with one that is 5' wide going in the same locatoin.
At the same time I installed a 6" wide curb to separate the gravel parking strip from the grass yard that will be replaced
with new grass.
On the East side of my house I replaced the concrete path with new concrete and built a new fence,with a gate in the
center large enough for yard tools , and material to get from front yard to my detatched shop.
I have a site plan and some photos that you requested hopefully they will help.
Please let me know if there is anything more that you might need.
Thank you Erik.
9
'T "Hf!!n-
A,e- P--,U I LT AAjr--"N4TP-ua;,-Idyl rop-
lorEpil -
"wi'rf'
(
�.�:
� J ..t r"
.., y..�
f
s t� . CAI •91� x S1- w Id, .
4
'*
it r �6. fiQ �i> pd' iy'L"•^�J �.
�Jj �V •� • n � �L. 7,���R� �p ��YTJ
'
[. q7 t. a,;'•-r, �,�n iKh'•t4���j t�.�' ;.� �,•f' y. •?,,1�?�t-i r �5r���C
K ,y 3c tf3cY,`Lla. o�.u: Y'Li•f
'-
7.1
d
i y
a�f r ,rOSs lY�+•- _;. n,- x iyi7r a4 ice. ..�,,
h €
J
::��,. �'•'
r: ' :, ,ems r7� `���'''i
N K�
Y`( 1 . •ti
^L 2.
M
.So c�r4t
So v,4 L,
110 1- - - s-? --> 11 .1
k.
'�f n E x}
gakk
Sc),-;-T4d
IC)
J-3
f
•
ft
McConnell, Jeanie
From: McConnell, Jeanie
Sent: Wednesday, August 29, 2012 4:05 PM
To: 'erik montgomery'
Cc: Thies, Mike
Subject: RE: Encroachment, walkway, curb, and side path.
Erik,
Staff has further discussed the installation of landscaping curb at the perimeter of your property and determined that an
encroachment permit will not be required for this curb. I understand you have submitted permits for the patio, etc. and
those will be reviewed separately from the encroachment issue.
Thank you,
Jeanie
Jeanie McConnell Engineering Program Manager
City of Edmonds I Public Works Department
1215th Avenue North, Edmonds WA 98020
425.771.0220 x1338 I www.edmondswa.eov
"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."
- Margaret Mead
From: erik montgomery [mailto:gummer7l@hotmail.com]
Sent: Monday, August 06, 2012 1:57'PM
To: McConnell, Jeanie
Subject: Encroachment, walkway,curb,and side path.
Erik Montgomery
10517 240yh pl sw
Edmonds wa
98020
This is a explanation of the improvements that have been made on my property.
I removed an existion front walkway that went from my front porch towards south and turned west to my driveway.
and replaced it with one that is 5' wide going in the same locatoin.
At the same time I installed a 6" wide curb to separate the gravel parking strip from the grass yard that will be replaced
with new grass.
On the East side of my house I replaced the concrete path with new concrete and built a new fence,with a gate in the
center large enough for yard tools , and material to get from front yard to my detatched shop.
I have a site plan and some photos that you requested hopefully they will help.
Please let me know if there is anything more that you might need.
Thank you Erik.