1101 PUGET DR.PDF1111111111111114368
1101 PUGET DR
iL CITY OF EDMONDS
121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
Website: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
loc. 1890 Planning • Building • Engineering
September 21, 2005
Kelly L. Shyne
Principal
The Justen Company, LLC
Smith Tower
506 Second Ave., Suite 1020
Seattle, WA 98104
RE: Olympic View Deli,1101 Puget Drive, Parking Lot Re -painting
Dear Kelly:
GARY HAAKENSON
MAYOR
I have reviewed your letter dated September 16, 2005 with the Building Official. We
agree that, as long as the repainting of the existing parking lot(s) is' exactly the same as
the latest approved plans, and no changes are made to the striping or markings (e.g.,
parking spaces, directional arrows, fire lanes, etc.), the repainting is considered
maintenance and no permit is required.
However, if any changes from the latest approved plans are made, a permit will be
required.
Sincerely
DAVID K. GEBERT, PE
City Engineer
Cc: Allen Gray, Lakeshore Investment Corporation
Jeannine Graf, Building Official
• Incorporated August 11, 1890 •
victor r1h, - Holrinan JAnan
THE JUSTEN
Company LLC
September 16, 2005
Mr. David Gebert
City Engineer
City of Edmonds
121 5th Avenue North
Edmonds, WA 98020
SEP 19 2005
ENGINEERING DIVISION
RE: Olympic View Deli - 1011 Puget Drive
Parking Lot re -painting
City of Edmonds letter dated August 9, 2005 & September 14, 2005
Dear David:
We are writing this letter on behalf of our client, Lakeshore Investment
Corporation who is the managing agent for the property owner. The City of
Edmonds forwarded a letter -to SM Petroleum, LLC on August 9, 2004, and a
letter to Lakeshore Investment Corporation on September 14, 2005, regarding
the recent re -painting to the existing parking lot striping. Both letters indicate that
a permit is required for this work. First, please note that SM Petroleum, LLC is
the tenant, not the legal property owner. So therefore, this noticing has not been
done legally to the said property Owner. All future correspondence on behalf of
this property should be sent to Lakeshore Investment Corporation, 6800
Greenlake Way North, Suite 255, Seattle, WA 98115.
Attached to the City of Edmonds letter sent to SM Petroleum, LLC, was a City of
Edmonds Development Information Bulleting No. B56, regarding Parking Lot
Permit Submittal Requirements. Also, attached to SM Petroleum's letter was a
copy of the City of Edmonds Development Code Section 18.95 "Parking Lot
Construction".
We have reviewed this documentation and also the adopted City Council
Ordinance's Nos. 2428 (5/8/84), 2471 (9/19/84), and have the following
comments:
1. Code Section 18.95.00 Permit Required, states "No person shall
construct, modify and/or expand a parking lot without first obtaining
approval from the city engineer and a building permit.
Smith Tower, 506 Second Ave., Suite 1020, Seattle, WA 98104
Telephone 206.624.8870 Fascimile 206.624.8919
`•r
Mr. David Gebert
City of Edmonds
September 16, 2005
Page 2 of 3
The City of Edmonds Community Development Code does not currently
have a definition for the terms "construct", "modify', and "expand". We
have therefore provided definitions for these terms obtained from the
Merriam -Webster New Collegiate Dictionary which is a widely accepted
practice:
"construct' :
1. To make or form by combing or arranging parts or
elements: Build.
2. To increase the extent, number, volume, or scope
of.ENLARGE
"modify":
1. To make minor changes in
2. To make basic or fundamental changes in often to give a
new orientation to or to serve a new end, to undergo change
"expand":
1. To increase the extent, number, volume, or scope of
:ENLARGE
"maintenance":
1. Continuing repair work: work that is done regularly to keep a
machine, building or piece of equipment in good condition
and working order.
If you review the definitions referenced above, it is clear that the property owner
has not constructed, modified or expanded anything. The property owner was
merely maintaining their property and re -painted the existing striping that was
permitted under the 1989 permit documents. No changes have been made to
the property since it was constructed in 1989, over 16 years. Our client has re-
painted this striping ever year for the past 16 years as a part of their maintenance
program on the property. In your letter dated September 14, 2005, you infer that
our client will need to re -stripe their parking lot to meet current codes. The City
of Edmonds cannot inflict current codes on a property that was developed over
16 years ago. The code in place at the time of permitting this property is the
governing code and is the enforceable code. Unless a change, modification
and/or expansion occur, there can be no enforcement of the City of Edmond's
request to bring the property into current code compliance. The City of
Mr. David Gebert
City of Edmonds
September 16, 2005
Page 3 of 3
Edmond's is attempting to enforce their interpretation of the code with no
language in place to do so. In order to change the code in place to meet the
criteria outlined in Bulletin B56, an ordinance would need to be adopted by the
City of Edmonds and approved by City Council is required. At this time, no such
modifications to the existing ordinance exist to enforce your requests.
It is for the reasons stated above that it is our opinion based on the current City
Code Section 18.95, re -painting (maintenance) should not require a permit when
no change, modification, expansion or construction has occurred. The Code is
clear that only the three categories referenced above shall require a building
permit.
Our recommendation to the City of Edmonds in regards to this property, and
others within the City of Edmonds, this bulletin should be corrected as the
interpretation has not been substantiated. Property owners within the City of
Edmonds should not be required to submit for a building permit merely to do
maintenance. It would be very cost prohibitive for establishments that would like
to continue doing business in the City of Edmonds to conform to this request.
We would request that any fees or assessments related to this matter be
promptly removed from this property.
We look forward to hearing from you in regards to this matter. Should you have
any questions, please feel free to contact me at (206) 930-7697.
Sincerely,
C-
Kelly L. Shyne
Principal
cc: Duane Bowman — City of Edmonds
Jeannine L. Graf — City of Edmonds
Allen Gray — Lakeshore Investment Corporation