1219 7TH AVE S.PDFIIIIIIIIIIII6951
12197THAVE S
/,�c. 1890
May 19, 2010
CITY OF EDMONDS
121 5TH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-771-0221
Website: www.d.edmonds.wa.us
PUBLIC WORKS DEPARTMENT
Engineering Division
Mr. Leif Neilsen
1219 7th Av. S
Edmonds, WA 98020
RE: Sign Obstruction alone 7th Av. S
Dear Mr. Neilsen:
STREET FILE
GARY HAAKENSON
MAYOR
Our records indicate that you are the owner of the property at 1219 7th Av. S. We have noticed
that the vegetation on your property is obstructing the "Speed bump" sign on 7th Av. S. This is in
violation of City code, from which the following is excerpted:
9.25.010 Violations.
A. It is unlawful for any person who either owns or has the right to possession, or both, of abutting real
property to permit the erection or maintenance of any sign, device, structure or vegetation in the following
circumstances herein set forth, and in the event of circumstances presently existing which by reason of
this section are now in violation of the Edmonds City Code, said person shall immediately remove the
same:
1. In such manner that it obscures or conceals any traffic control sign, signals or other device as
to interfere with the full and effective use and visibility of the same to the motoring or pedestrian public;
In. order to reduce the hazard and enhance public safety, the City of Edmonds directs you to cut
back your trees to allow full visibility of the sign.
Please complete the modification and trimming by June 4, 2010. Your cooperation in bringing
your vegetation into compliance is appreciated. Please feel free to call me with any questions at
425-771-0220.
Sincerely,
BERTRAND HAUSS, PE
Transportation Engineer
Incorporated August 11, 1890
Sister City - Hekinan, Japan
APPLICATION
The City of Edmonds for EASEMENT NO . ......................... ..................
SIDE SEWER PERMIT
NEW CONSTRUCTION REPAIRS ❑ LID NO___________________ ASMT. NO. __.__._.--______-_
OWNER ------ LM - E L.-=__----.--"9=1N► S CONTRACTOR ---g•- -M CONTF L�G"C'dF�SPERMIT NO. .1
JOB ADDRESS __121___- _? �v�-- �-................. LEGAL DESCRIPTION: LOT NO. _____-_-_..�4
-•---•--•---•------•................•----- ------.....--------- BLOCK NO. ----------•--••---------------...__.
•
NAME OF ADDITION .... ....__-�bo�Tlp1�► *
--•-•--------------- -------•---------------
Approved:
DATE . - --lr BY '4 -.. 5
d
rn
CITY OF EDMON,O,S SIDE 4 `MERE PERMIT y
WATER -SEWER DEPARTMENT
PEsRi1VII'r '
D - . /Call-775-2525`.�for `side sewer;dnspecciona ISKP'ORF covering any'.:portion,;of the :construction
\Inspection-willbe provldedleKittifn 24tioura attar requst '.NO Sal., ,_Sun or,.holiday;•inspeclionsJ ..{
WIADDRESS LUCATION`,OF-CONSTRUCTION..... _...!.."2�'� l : ��T AVt'IlLiir 7;J1i �1T
�. - ..... .. ..
PROPERTY' L,:EGAL- ,DESCRIPTION ............... ot.__ 14 . Fli Viftl Add_L 101j.-.. ..................................................
OWNER AND/OR BUILDER
BEi.T15
M COn�iFiGi7r5
m
CUNTRACTOIi'S I NA11IE S ADDRESS ............................. .......................................................................7.:.
Perinission�is granted , :: '1!F' x Y�..AS ....... :..: .:..19.., for repair'.and/or .eonnectiom .of a side .sewer to: •the city: sanitary .sewer
-sy�ordinances. I
AT'1FNTION IS'CALLED TO;THE-FOLLOWING:
'1'• NOTE NoThe owners of';the +property may obtalh a -permit -to, construct, sewer inslde property line. 'A licensed' -Side Sewer Contractor must be: employed: •to construct.
-- • .. t¢ siddFiewer- in ;street area. ,Do not, cover any' portion -of *sewer before it':•hea-:been'inspected'.-
k ]NOTE No. 2 Allj-work`�performed•in.city•right-of-way-requires Am•Invaslon of Right -of -Way Permit obtalnable`from the City Engineers office
fG NOTE No.3 Obtt�iris`fulla iiiformalion''regarding Ordinance 11 16:,030' and: Regulati0na�-governing. side,.aewers_whew.you<geV permit. -
NOTF No;; 9 Top of side sewer. mus[.have.at Ieast,:30 inches coverage,at' property line, and .12 inch ea 'Inside property lino;' minimum .grade,lof 2 % No ,bendsi in, fkrade
sharperlthsn'A.willbe.permitted..-
- `140_ TE.'No!' 5---Tren6hes-iri•,street must be water settled and' surfaceof-:street •restored to, original' condition'. Contractors shall be responsible for. failure !due''to• improper -
woci•'which, may develop; within one year of.—completion.
yNOTE'No. B-It ie,;unlawfulbto-elted:_or do:-anyrothe'r.,work than Is provided;for'in', the':permit, or, to do any�-work on the'mafnsewer or ylts'(appurtenances+except fo tin- ,
Bert the: pipe Into' the wye.
DISAPPROVED: Date.......................
:• ............. By Date By' Date By
APPROVED Date ....... B ..... _-....
c f
.ti.
Romarks + ...... .............:............. ...............
C .. .. - ...
fe- .......... _............_ +a
— BOTH P,ermit'Copies,MUS Be Signed;By. wner'of Firm''.Performing Construction�,PRIOR.To Request For Inspection.
,I. '�f.: y, certif that the'slde sewer installation constructed under this. ermlt
} yyoo•'vne of .Contracting,Flrm Performing USs fiction).,- y• - -
way fnstallecr1n accordance With.all governing;ordinances{of the City4.of Edmonds ; .
Dated.ahis day -of. .......-.... ............ ....
I '
S� y.
Check; BEFORE you dig for: -'Water ;E], ° Gas �, ,; Telephone, p,. Power :E3,. Sewer:- E), Other 0
l
The City of Edmonds
APPLICATION
for
SIDE SEWER PERMIT
NEW CONSTRUCTION 0 REPAIRS ❑
.......... . .... OWNER ...... 9. .7 --------------- -- --- -----
n ................. ...........
ADDRESS -4-4t-lbe ............ ....... ---
No.......... •--•.............................
CONTRACTOR ........... I
................ ......... ---------------- PERMIT No:.' ------- -------- --
LEGAL DESCRIPTION: LOT No- - ------- ----- # -------•.................. BLOCK No . ............................................
NAME OF ADDITION .0 --- L -------- 2, ....... ......
F 1 F ritivitrID
Aw 25 lvm
Pw* WON No
Approved:
DATE----------------------------------------- ....-- By ------------ ----------------------- ........ -- .....................
1
CITY OF EDMONDS
7110 - 210TH ST. SW • EDMONDS, WA 98026 • (206) 771-0235 • FAX (206) 744-6047
COMMUNITY SERVICES DEPARTMENT - PUBLIC WORKS DIVISION
I -1-400/,-
90 199
June 16, 1995
Mr. Harold C. Fosso
1219 - 7th Ave. S.
Edmonds, WA 98020
RE:. Complaint Regarding Trees at Elm Place
Dear Fosso:
'This letter is in response to your letter dated April 18, 1995 to Ms. Ann Bullis.
LAURA M. HALL
MAYOR
'The trees you refer to in your letter and photographs, I believe were a requirement
of the development of Elm Place Planned Residential Development.
IIn the City of Edmonds, trees have been and always will be a very sensitive issue.
IIn regards with these trees, the City of Edmonds' policy is that trees will not be cut
down or topped for the purposes of a view. The City will remove trees only if the
tree or trees are in the public right-of-way and are diseased or a physical hazard
to public or private property.
II regret that this policy does not allow the City to top or remove the trees you
mentioned in your letter. Attached is a copy of the City's Development Code
section for your referral.
If you have any questions, please feel free to call me at 771-0235 or you may
discuss this issue further with Paul Mar, Community Services Director at
'771-0220.
Sincerely,
-. T h,LQ —
Noel F. Miller, P.E.
:Superintendent of Public Works
Cc: Paul Mar
%vordata\street\elmtrees
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
18.45
CHAPTER 18.45
LAND CLEARING AND TREE CUTTING CODE
18.45.000 PURPOSES
This chapter provides regulations for the clearing of and
the protection and preservation of trees and associated
significant vegetation for the following purposes:
A. To promote the public health, safety, and general
welfare of the citizens of Edmonds by preserving the
physical and aesthetic character of the City through the
prevention of indiscriminate removal or destruction of
trees and ground cover on undeveloped or partially
developed property;
B. To implement the policies of the State Environmental
Policy Act of 1971 as revised in 1984;
C. To implement and further the goals and policies of the
City's Comprehensive Plan in regard to the environment,
open space, wildlife habitat, vegetation, resources,
surface drainage, watershed, and economics;
1�. To ensure prompt development, restoration and
replanting, and effective erosion control of property
during and after land clearing;
E. To promote land development practices that result in a
minimal adverse disturbance to existing vegetation and
soils within the City;
F. To minimize surface water and groundwater runoff and
diversion;
G�. To.aid in the stabilization of soil, and to minimize
erosion and sedimentation;
H. To minimize the need for additional storm drainage
facilities caused by the destabilization of soils;
I. To retain clusters of trees for the abatement of noise
and for wind protection;
J. To acknowledge that trees and ground cover .reduce air
Pollution by producing pure oxygen from carbon dioxide;
K. To preserve and enhance wildlife and habitat including
streams, riparian corridors, wetlands and groves of
trees;
(12/31/90)
167-1
18.45.010
L. To promote building and site planning practices that are
consistent with the City's natural topographic and
vegetation features while recognizing that certain
factors.such as condition (e.g. disease, danger of
falling, etc.), proximity to existing and proposed
structures and improvements, interference with utility
services, and the realization of a reasonable enjoyment
of property may require the removal of certain trees and
ground cover;
M. To promote the reasonable development of land in the
City of Edmonds.
18.45,010 ADMINISTERING AUTHORITY
The CityIs Planning Division Manager or his/her duly
authorized representative, is hereby authorized and directed
to enforce all the provisions of this chapter.
18.45.020 PERMITS
No person shall engage in or cause any land to be cleared
without first.obtaining a land clearing permit from the
Planning Division Manager or his/her designee.
18.45.030 EXEMPTIONS
The following shall be exempt from the provisions of this
chapter:
A. Clearing on a developed single family lot or clearing on
a partially developed single family lot, which is
capable of being divided into one.additional lot, except
for:
1. That portion of the lot that is located in a
designated environmentally sensitive area.
2. That portion of the lot that is located within
twenty-five feet of any stream or wetland.
3. That portion of the lot that has slopes exceeding
25 percent.
B. Undeveloped lots which are not capable of being further
subdivided, except for:
1. That portion of the lot that is located in a
designated environmentally sensitive area.
2. That portion of the lot that is located within
twenty-five feet of any stream or wetland.
167-2
(12/31/90)
18.45.040
3. That portion of the lot that has slopes exceeding
25 percent.
C. Projects requiringapproval of the Edmonds Architectural
Design Board (ADB) under the provisions of Chapter 20.10
of the Edmonds Community Development Code; provided that
clearing on such I projects shall take place only after
ADB approval and shall be in accordance with such
approval, as determined by the Planning Division staff;
the ADB shall review and approve projects by applyin
the standards contained in this chapter; g
D. Routine landscape maintenance and gardening;
E. Removal of trees and/or ground cover by the Public Works
Department, Parks Department, Fire Department and/or
Public or private utility in situations involving danger
to life or property, substantial fire hazards, or
interruption of services provided by a utility;
F. Installation and maintenance of public utilities, after
approval of route by the Planning Division Manager or
his or her designee, except in parks or environmentally
sensitive areas;.
G,. Emergency situations on private property involving
danger to life or property or substantial fire hazards.
18.45.040 DEFINITIONS
A. CALIPER shall mean the diameter of any tree trunk as
measured at a height of four (4) feet above the ground
on the upslope side of the tree. .
B. CREEK means those areas where surface waters flow
sufficiently to'produce a defined channel or bed. A
defined channel or bed is indicated by hydraulically
sorted sediments or the removal of vegetative litter or
loosely rooted vegetation by the action of moving
water. The channel or bed need not contain water year
around. This definition is not meant to include
stormwater runoff devices or other entirely artificial
watercourses unless they are used to store and/or convey
pass -through stream flows naturally occurring prior to
construction.
C. CLE_NG means the act of cutting and/or removing
vegetation. This definition shall include grubbing
vegetation.
(12/31/90)
167-3
18.45.040
D. CLEARING PERMIT means the written approval of the City
of Edmonds Planning Division Manager or his or her
designee to proceed with -the act of clearing property
within the city limits of Edmonds.
E. DEVELOPED Ln'i` shall mean a lot or parcel of land upon
which a structure(s) is located, which cannot be more
intensively developed pursuant to the City Zoning Code,
and which cannot be further subdivided pursuant to City
subdivision regulations.
F. DRIP LINE of a tree shall be described bya line
projected to the ground delineating the outermost extent
of foliage in all directions.
G. GRUBBING means the act of removing vegetation by the
roots.
H. -GROUND COVER shall mean a dense covering of small plants
such as salal, ivy, ferns, mosses, grasses, or other
types of vegetation which normally cover the ground.'
I. LAND'DEVELOPMENT PERMIT 'mean s a preliminary or final
plat for a single'.faiaily residential development; a
building permit; site plan; preliminary or final planned
unit development plan.
J. LADS are natural or artificial bodies of.water of.two
or more acres and/or where the deepest part of the basin
at low water exceeds two meters (6.6 feet). Artificial
bodies of water with a recirculation system approved.by
the Public Works Department are not included in this
definition.
K. MECHANICAL EQUIPMENT shall include all motorized
equipment used for earth moving,.trenching, excavation,
gardening, landscaping, and general property maintenance
exceeding twelve (12) horsepower in size.
L. NATIVE'GROWTH PROTECTION EASEMENT is a restrictive area
where all native, pre -development vegetation shall not
be disturbed or removed EXCEPT for removal pursuant to
an enhancement program approved pursuant to this chapter
or to remove dead or diseased vegetation. The purpose
of an Easement is to protect steep slopes, slopes with
erosion potential, landslide and seismic hazards,
creeks, wetlands and/or riparian corridors, wildlife,
and areas shown.on the environmentally sensitive areas
map. This Easement shall be defined during the
development review process and shown on the recorded
plat or short plat or approved site plan.
167-4
(12/31/90)
18.45.045
M. PARTIALLY DEVELOPED LOT shall mean a lot or parcel of
land upon which a structure (refer to Section 21.90.150)
is located and which is of sufficient area so as to be
capable of accommodating additional development pursuant
to the Edmonds Zoning Code; or which may be subdivided
in accordance with the chapter. City of Edmonds Subdivision
N. PE--05-0-H shall mean an
private corporation,
Person, individual, public or
rporation, firm, association, joint venture,
partnership, owner, lessee, tenant, or any other entity
whatsoever or any combination of such, jointly or
severally.
0. OVAL is the actual destruction or causing the
effective destruction through damaging, poisoning or
other direct or indirect actions resulting in the death
of a tree or ground cover.
P. ROUTINE LANDSCAPE MAINTENANCE shall mean tree trimming
and ground cover management which is undertaken. by a
person in, Connection with the normal maintenance and
repair of -'property.
Q. TREE shall mean any living woody plant characterized by
one main stem or trunk and many branches and having a
caliper of six inches or greater, or a multi -stemmed
trunk. system with a definitely formed crown.
F;. UNDEVELOPEDIAT shall mean a platted lot or parcel of
land upon which no structure (refer to Section
21.90.150) exists.-
S. WETLANDS are those areas that are inundated or saturated
by surface or ground water at a frequency and duration
sufficient to support and that under normal circum-
stances do support, a prevalence of vegetation typically
adapted to life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar
area.
18.45.045 APPLICATION REQUIREMENTS
A• An application for a land clearing permit shall be
submitted on a form provided by the city, together with
a plot plan and other information as described
hereafter:
1- Name, address and telephone number of the
applicant.
2. Legal status of applicant with respect to the land.
(12/31/90)
167-5
C
18.45.045
3. Written consent of owner(s) of the land, if the
applicant is not the sole owner.
4. Name of person preparing the map, drawing or
diagram submitted with the application, along with
credentials if applicable.
5. Location of the property, including street number
and addresses, together with the names and
addresses of all the adjacent property owners
within 80 feet of the subject property as listed in
the records of the Snohomish County Assessor.
6. A plot plan, drawn to scale, of the property
depicting the following items: (Scale 1 inch = 30
feet or as approved by the Planning Division
Manager)
a. Topographic information.
b. Location of all existing and/or proposed
structures, driveways, and utilities.
C. Areas proposed for clearing and the proposed
use for such area.
d. Designation of all diseased or damaged trees.
e. Any proposed grade changes that might
adversely affect or endanger trees on the
property and specifications to.maintain them.
f. Designation of trees to be removed and trees
to be maintained.
g. Designation of all wetlands, streams and
environmentally sensitive areas.
7. A statement outlining the purpose of the tree
removal (e.g. building construction, street or
roadway,driveway, recreation area, patio, or
parking lot), together with a proposed timetable
for when the work will occur.
8. The manner in which the cleared areas on the
property will be reclaimed with vegetation and the
timetable for replanting.
9. Any other information deemed necessary by the City
to allow adequate_ review and implementation in
conformance with the purposes of this chapter.
167-6
(12/31/90)
18.45.050
.B. Upon receipt of the application for a clearing permit,
the staff shall inspect the site and contiguous
properties. If the staff determines that the plan is in
compliance with the provisions of this section and will
result in the removal of no more trees or vegetation
than is necessary to achieve the proposed development,
the permit shall be approved under the provisions of
Chapter 20.95.050 (Staff Decision - Optional Hearing).
The City may require a modification of the clearing plan
or the associated land development plan to ensure the
retention of the maximum number of trees.
If the staff determines that the plan will result in the
destruction of more trees and vegetation than is
reasonably necessary to achieve the proposed
development, the permit shall be denied.
C. Any permit granted under the provisions of this section
shall expire one year from the date of issuance. No
work may commence on the permit until the appeal time
limit has expired. Upon receipt of a written request, a
permit may be extended for six months.
D. Approved plans shall not be amended without written
authorization from the City. The permit may be revoked
or suspended by the City upon discovery that incorrect
information was supplied or upon any violation of the
provisions of this chapter.
E. Applications for land clearing shall be referred to
other City departments or agencies for review and
approval as deemed necessary by the Planning Division
Manager. Applications for clearing in parks shall,
always be referred to the Edmonds Planning Board for
review and approval.
18 I-50 PERFO
PERMITSTSRMANCE STANDARDS FOR LAND DEVELOPMENT
A. There shall be no clearing on a site for the sake of
preparing that site for sale or future development.
Trees may only be removed pursuant to a clearing permit
which has been approved by the City.
B.. Trees shall be retained to the maximum extent feasible.
1• Clearing should not occur outside of the areas
designated on the clearing plan.
(12/ 31/90)
167-7
18.45.050
2. No tree(s) or ground cover shall be removed from a
Native Growth Protection Easement or
environmentally sensitive site unless that plot
plan and other submitted materials can demonstrate
that the removal will enhance the easement area.
An exception for the installation of roads and
utilities may be approved if it can be demonstrated
that alternative access is not practical or would
be more damaging and is developed pursuant to an
approved development plan.
Enhancement may include non -mechanical removal of
noxious or intrusive species or dead or diseased
plants and replanting of appropriate native
species.
C. The City may restrict the timing of the land clearing
and tree cutting activities to specific dates, times,
and/or seasons when such restrictions are necessary for
the -public health, safety and welfare, or for the
protection of the environment.
D. Native Growth Protection Easements may be established
through the subdivision process in the following areas:
1. A 25 foot buffer area from the annual high .water
mark of creeks, streams, lakes and other shoreline
areas or from the top -of the bank of same,
whichever provides good resource protection.
2. Areas in which the average slope is greater than 25
percent.
3. Wetlands.
4. Any other area which is determined through the
environmental review process to include significant
vegetation, wildlife or other similar resources
which should be protected.
E. No ground cover or trees which are within 25 feet of the
annual high water mark of.creeks, streams, lakes, and
other shoreline areas or within 15 feet of the top of
the bank of same -should be removed, nor should any
mechanical equipment operate in such areas except for
the development of public parks and trail systems,
PROVIDED that conditions deemed by the City to
constitute a public nuisance shall be removed, and
provided that a property owner shall not be prohibited
from making landscaping improvements where such
improvements are consistent with the aims of this
chapter_
167-8
(12/31/90)
18.45.050
F. The City may require and/or allow the applicant to
relocate or replace trees, provide interim erosion
control, hydroseed exposed slopes, or use other similar
methods which would comply with the intent of the
chapter.
G. No land clearing and tree cutting shall be conducted in
a wetland, except for the installation of roads and
utilities where no feasible alternative exists and the
work is done pursuant to an approved development plan.
H. When tree cutting or land clearing will occur pursuant
to a building permit, protection measures.:should apply
for all trees which are to be retained in immediately subject to construction. areas
The requirements
listed may be modified individually or severally by the
City if the developer demonstrates them to be
inapplicable to the specific on -site conditions or if
the intent of the regulations will be implemented by
another means with the same result.
Where the dripline of a tree overlaps a construction
line, this shall be indicated on the survey and the
following tree protection.measures shall be employed:
1• The applicant may not fill, excavate, stack or
store any.equipment, or compact the earth in any
way within the area defined by the dripline of any
tree to be retained.
2. The applicant shall erect and maintain rope
barriers on the dripline or place bales of hay to
protect roots. In addition, the applicant shall
provide supervision whenever equipment or trucks
are moving near trees.
3. If the grade level adjoining a retaining tree is to
be raised or lowered, the applicant shall construct
.a dry rock wall or rock well around the tree: The
diameter of this wall or well must be equal to the
tree's drip line.
4• The applicant may not install ground level
impervious surface material within the area defined
by the dripline of any tree to be retained.
5. The grade level around any tree to be retained may
not be lowered within the greater of the following
areas: (1) the area defined by the dripline of the
tree, or (2) an area around the tree equal to one
foot in diameter for each one -inch of tree caliper.
(12/31/90)
167-9
18.45.055
6. The applicant may prune branches and roots,
fertilize, and water as horticulturally appropriate
for any trees and ground cover which are to be
retained.
The Planning Division Manager or his/her designee may
approve the use of alternative tree protection
techniques if those techniques provide an equal or
greater detree of protection than the techniques listed
above.
18.45.055 NOTICE
The City shall mail a notice to the surrounding property
owners,.pursuant to Section 20.90.010, informing them of the
application for a clearing permit.
18.45.060 APPEALS
Any person aggrieved by the decision of the staff regarding
a clearing permit may.appeal such decision of the Hearing
Examiner within ten (10) working days of the date of the
decision. The appeal shall comply with the provisions of
Chapter 20.105.of*the Edmonds Community Development Code.
18.45.065 BONDING
The Applicant shall post a performance bond in the amount
covering the installation -of temporary erosion control measures and the clearing work to be done on the property
and the cost of any proposed revegetation.
18.45.070 VIOLATIONS AND PENALTIES
A. A violation of any of the provisions of this chapter
shall constitute a'misdemeanor. It shall be a separate
offense for each and every day or portion thereof during
which any violation of any of the provisions of this
chapter is committed.
B. Any person found violating the provisions of -this
chapter may be fined by the Planning Division Manager in
an amount not to exceed $1,000 per day and/or $5oo.00
per tree to a maximum of $10,00.0.00. Any fine imposed
by the Planning Division Manager is appealable to the
Hearing Examiner. This civil fine shall be in addition
to any criminal, civil or injunctive remedy available to
the City.
167-10
(12/31/90)
18.45.075
18.45.075 PUBLIC AND PRIVATE REDRESS
A. Any person who violates any provision of this chapter or
of a permit issued pursuant hereto shall be liable for
all damages to public or private property arising from
such violation, including the cost of restoring the
affected area to its original condition prior to such
violation and the payment of any levied fine.
1• Restoration shall include the replacement of all
ground cover with a species similar to those which
were removed or other approved species such that
the biological and habitat'values will be
substantially replaced; --and
2. For each tree removed, replacement planting of up
to three (3) trees of the same species in the
immediate vicinity of the tree(s) which was removed
so long as adequate growing space is provided for
such species. The replacement trees shall be of
sufficient caliper to adequately replace the lost
tree(s). Replacement trees shall be a minimum of
three (3) inches in caliper and shall be replaced
at the direction of the Planning Division Manager.
B.. In order that replanted species shall have an
opportunity to adequately root and establish themselves
prior to disturbance by any future development, no
permit shall be issued nor final.. approval given to any
project until such time as all planting required to
Mitigate illegal activity has been fully implemented in.
accordance with an approved landscaping plan, and an
adequate rooting period has expired. The plan shall
meet the performance standards established in
§18.45.050. The phrase "adequate rooting period" is
defined for the purposes of this section as a period of
one (1) calendar year from the date of planting,
provided, however, that a developer or other impacted
party may apply to the Architectural Design Board for
the establishment of a different rooting period. The'
Architectural Design Board shall establish such period
which may be longer or shorter than one (1) calendar
Year based upon the species of the plants involved, the
particular point in the growing cycle at which the
application is reviewed, and the planting schedule. The
Architectural Design Board shall establish a rooting
period based upon the best scientific and biological
evidence available as necessary to reasonably insure the
establishment of the plantings. In no event shall a
rooting period be established as a penalty_
(12/ 31/90)
167-11
18.45.075
C. Restoration shall also include installation and
maintenance of interim and emergency erosion control
measures until such time as the restored ground cover
and trees reach sufficient maturation to function in
compliance with the performance standards identified in
section 18.45.050.
[Ord. 2804 §1, 1990].
167-12
(12/31/90)
JULIN, FOSSO, SAGE, McBRIDE & MASON
ATTORNEYS AT LAW NOVELLE F. BALLARD
AXEL C. JULIN (1980) 1001 Fourth Avenue Plaza MICHAEL J. GAINER
HAROLD C. FOSSO Suite 3900 ALDO MELCHIORI
EUGENE H. SAGE (1983) Seattle, Washington 98154-1084 BRUCE C. REDMAN
JAMES D. McBRIDE ERIC E. ROY
LAURENC E E. MASON KENT T. VAN DEN BERG
M. KATHRINE JULIN FAX: (206) 622-3761 GREGORY S. WORDEN
GEORGE A. TRICHAK
GEORGE W MCLEAN, JR.• 4eA/�
M. COLLEEN BARRETT "'� I tte��'®
(206) 622-3720 '
• ALSO ADMITTED IN OREGON AND CALIFORNIA
�iy�iy�. 199S
O�pP
April 18, 1995
City of Edmonds _
Community Services Department
250 5th Avenue N
Edmonds, Washington 98020
Attn: Ms. Ann Bullis
Re: Elm Place Association
i
Dear Ms.. Bullis:
Your ..name was livento'`me by the` l ii�indering::Division, as:tlw:,person;:to;consult.
regarding a complaint which I forwarded to y66r oifice'on or".about March, 4„.1995: A copy of
the; compi. int is enclosed for. your reference. ,� l so e.riclosed is a photograph with the offending
trees circled in red. The trees to'& are- trees and, obviously, are p.irt of the natural
landscape about which we do not and co.:?cl -:not compfi in..-
During the last. few years, the planted trees have grown by at least several feet, and it
is obvious they will continue to grow.
1 do not xvisi?--io hiact Can -indut ;iirdt;n on any'or:i. a'boat. 1lll u':. m2y Seem to t'-?P.ny as 1n
infinitesimal problem. The city appears to have the policy of permitting adjacent land owners
to utilize the undeveloped portions of public rights -of -way, and I certainly have no quarrel with
this as it does.tend to foster the aesthetic appearancc ,)f many areas in the city. I think it is
worthy of note, however, that the city does !lave heis`",t restrictic.r(s in its building code which
arf;,base , at least in part, on :atsthetic vain.. A hind owner is not permitted to use property
in such away as to violate- dit, cede.
It seems to di,-,1'IwheT-- lti"! ciJts land. _owners to use the public right,cf-Way,
it should likewise be' us!�d. 'in sip ,hl a va �' as :not ity irit(:if+�r�: un� asonably: with the aesthetic
values of .other adjacent properties. We have a.ttemptxd to resolve this problem amicably, as
Bellingham Office: 114 W. I'Aagnolia, fourth Floor, Bellingham, Washington 98225
Telephone: i'", 0)671-35-40 Fax: (360)671-3546
0
Ms. Ann Bullis
April 18, 1995
Page 2
good neighbors should, to no avail. I have been unable to find any specific code provisions
relative to the private use of public rights -of -way. Perhaps there are none, but if the city has
a policy, written or unwritten, that permits such private use, I believe the law requires that an
environmental impact statement be filed, followed by necessary public hearings.
I would appreciate it very much if you would kindly review this matter and let me know
what the position of the city is.
I might add that the angle shown in the picture does not clearly demonstrate the problem
about which my wife and I complain.. I also wish to mention that I have talked with Dr. Linder
who owns the house shown in the picture. He did not plant the trees and has no personal
interest in their existence. Apparently, the trees are located on common property of the
development.
Your attention to this question will be appreciated, and I will appreciate hearing from
you.
Very truly yours,
Harold C. Fosso
H(-'F:kkd
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VIOLATION REPORT FORM
VIOLATION # (for ohm oae)
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Camnlete to the hest of vmmr ahility
PROPERTY LOCATION OF COMPLAINT:
DATE OF CO AINT:
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PROP RTY OWNER NAME:
PROPERTY OFNER ADDRESS:
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TENANT NAME:
TENANT ADDRESS:
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NATURIE OF COMPLAINT (INFORMATION PROVMF.D RV rC1MPi.ATNANT1
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The name of the person filing th1;1�"�f3int In provided. The'3me'bi�fi e p n fn '� t cannot be
revealed unless subpoenaed by court according to Washi ton State Law.
COMPLAINANT NAME: COMPLAINANT ADDRESS: Ph.
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THE FOLLOWING IS FOR OFFICE USE ONLY
CODE SECTIONS VIOLATED: I VIOLATION:
LAND USE: I APPLICABLE PERMITS AND FILES:
ZONE DISTRICT: I ATN:
REPORT: FOR STAFF USE ONLY)
CONCLUSION:
ACTION:
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NOTES;..
�. EASEMENTS. AFFECTING THIS P.RD' ARE AS DEPICTLt D IN .THE
DECLARATION -OF COVENANTS, CONDITIONS AND RESTRICTIONS
..AS FILEDUNDER A.F N0.--
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SETBACKS .HAVE BEEN SPECIFICALLY DETERMINED AS 10 FEET
FRONTYARD AND ZERO FEET SIDE AND REAR YARDS WITH THE
APPROVAL OF P.R.D-. N0. 1-83 BY THE CITY OF EDMONDS.
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890 1911
May 4, 1995
CITY OF EDMONDS
250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221
COMMUNITY SERVICES DEPARTMENT
Public Works • Planning . Parks and Recreation . Engineering
Harold Fosso
1219 7th Avenue South
Edmonds, WA 98020
RE: Complaint regarding trees at Elm Place
Dear Mr. Fosso:
LAURA M. HALL
MAYOR
This letter is in response to your letter of April 18, 1995 regarding trees located in the public right-of-way
abutting the Elm Place Plat. I apologize if you were misinformed by the Engineering Department that I
may be of assistance in resolving this matter, as I am able to only enforce codes on private property. Since.
the trees are located within the public right-of-way, I am forwarding your complaint on to the Street
Supervisor, Bill Stroud, in the Public Works Department. He will be able to determine if there are
ordinances or policies regarding trees within the public right-of-way which apply to your situation.
However, I will inform you of the regulations for trees on private property in a single-family residential
zone should the information be of use to you in the future.
The properties surrounding you, including Elm Place, are located within the RS-6 zone (single-family
residential-0,000 sq.ft. min. lot size). With regards to all single-family zones in the City, the Edmonds
Community Development Code (ECDC) does not regulate the planting of trees on private property. It
does, however, regulate the removal of trees (ECDC 18.45) by restricting tree removal in areas which are
environmentally sensitive. If the subject trees were located on private property, they could be removed
without a permit.
With regards to view protection, the ECDC does not restrict tree height. Height restrictions addressed in
the code are specifically for structures, with no mention of natural features such as trees. Private
covenants and restrictions are often placed on subdivisions by the developer which address this matter,
however, the City does not enforce such covenants.
Should you have questions in the future regarding tree regulation on private property, please contact me at
771-0220.
Sincerely,
�L"_
Ann Bullis
Planning Division
• Incorporated August 11, 1890 •
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