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1430 OLYMPIC AVE.PDF11111111111111 14288 1430 OLYMPIC AVE 160.00' PL.4 ------ 00: DRIVEWAY EASEMENT c --- --------140.00' I 4 o, IV PIAP 3 ; NEW ADDITION ELEVATION CALCI.A-ATION�Y• SPOT A 100.0a SPOT D r 100.047 SPOT C 1_IL 00 SPOT D 107."' AVERAGE 416•9& - 1044W GRADE 4 lnll-SIG HEIGHT 25.00, MAX FBGHT ALLOWW 129:6W NEVI ADDITION ELEVATIONg SFIOP LEVEL EL 109.0& STUDIO LEVEL. M. 1 14.57' TOP Of- RDGE M. 123.ia LOT NPORMATIONt zONN& RS-12 LOT AREA: 25,200 9f Al LOWADLE LOT GOVERAGIM "It 23,200 SF x 35% - 640 4W GROUND COVERAGE EXISTNG F- O 1,716.23 SP NEW ADDITIONt gA.oO SP TOTAL AREA: 2,635.29 SP IEXISTNG DRIVEWAY d b: OI SITE PLAN SCALE : r - 2a SITE DRANA6e APPROVED BY PLANNI��G LEGAL DESGRPT1 EASTERLY 16a or SOUTMERL.Y 12a Or' TRAGT 64 EDMON1015 SEA - VIEW TRAGT15 ACGO. TO PLAT TFEROF RECORDED IN VOL. 5 PAGE 76 -A401-� COUNTY. REDUCTION DO NOT. SCALE Y AIR - ,� // �p- �I�L L�J.J_I.J HILILI C�rTV COPY CONSULTING ENGINEERS Project Number 2019 15 April, 1995 page 1 of 2 pages z c� N w N w o Z J ~ N o ir Q CLIENT Leksen Construction Y a ADDRESS 18214 Larch Way RC�1V� Lynnwood, Washington 98037 APR ... p9 �995 U) ATTENTION Stan Leksen o ° o REFERENCE Musland house addition �aL N 'SUBJECT Slope stability >w z <WZ fA w N in g INTRODUCTION W The purpose of this report is to present the results of a slope stability investigation 0 N W �, conducted at the proposed addition to the existing house located at 1430 Olympic W ° Avenue, Edmonds. QUQ o W The- investigation and report were authorized b Stan Leksen of Leksen Construction 9 p Y during a conversation with Dale C. Hemphill of HEMPHILL CONSULTING ENGINEERS (HEMPHILL®). 0 Z Z O F U) w p w w W w a o F� rn, z INVESTIGATION K U =) ~ 0 < Z W Q The investigation was conducted on 8 April 1995, and included geologic research, a W visual classification of the slope soils, probing, and penetration tests. Z Z Q W The observed conditions are similar to conditions revealed by the geologic research. w Z � ° w 0° M HEMPHILL observed glacial till overlain by gravely sand (glacial outwash). Probing W a W g revealed that the, outwash was a thin layer over the glacial till, and penetration tests revealed that the glacial till is extremely hard. Because of the great strength of the till, it 'o M UJ o can stand vertically for great heights. The gravely sand loutwash can stand at slopes of U-U) " 451, but under unusual conditions would slump to approximately 350. 4041 WEST LAKE SAMMAMISH PARKWAY SOUTHEAST • BELLEVUE . WASHINGTON . 98008 • 206 6441080 Project Number 2019 15 April, 1995 page 2 of 2 pages Because of the great strength of the glacial till, any instability of the slopes would be the result of minor sloughing of the thin layer of outwash. CONCLUSIONS & RECOMMENDATIONS HEMPHILL concludes that any excavations can stand vertically within the glacial till, and at 450 within the gravely sand. Any lateral pressures against foundation and/or retaining walls will be from backfill and/or outwash. Dale C. Hemphill P.E. -I)a C W-1� Registered Engineer No. 14777 State of Washington G, HE of WA -ii., �1 ;� � 14777 C� o Fcrsr��° �SjGNAL�yG EXPIRES 17 FEBRUARY 1996 HrE�1IrIHrIrL L t U CITY t1NN o c NAME rS7A9W AA Q ADDRESS O 0.1 CITY OF EDMONDS CONSTRUCTION PERMIT APPLICATION USE ZONE PERMIT (� 5� 2 4 S 12 NUMBER ` ,-P::• jog $UITErAPT ADDRESS �'% 3 O 0A / c 1 F V II OWNER NAME/NAME OF BUSINESS �r � /FF F - D LEGAL DESCRIPTION CHECK ✓ SUBDIVISION [[O� 5 — !..F1 LIDNO r.._ MAILING ADDRESS / 6t� Q 0✓-Y `TOK.' f PUBLIC RIGHT OF WAY PER OFFICIAL STREET MAP, � EXISTING REQUIRED DEDICATION PROPOSED TESCP Approved RW Pe—il Requued Street Use Permlt Retj d Inspection Required Sidewalk Required D D D D CITY ZIP O O �av s 9 2 TELEPHONE NUMBER %76 — 90� 9 NAME J�,. �K K _ r G L CIE S / h/V METER SIZE LINE SIZE NO. OF FIXTURES PRV REOVIRED YES D NO ADDRESS �%30 - 00- Y� �U /T-f I REMARKS =_ U CITY ZIP NUMBER ??(TFEREPHXONIn 8 l q �J7 2- .3 Z MEMOT V STATE LICENSE NUMBER EXPIRATION DATE E SEZDGO -8-95 SIGN AREA SEPA REVIEW Al)61N Legal Description of Property - include all easements ALLOWED PROPOSED COMPLETE EXEMPT /,V/ SHOR LINEI _ - EXP a GVARIANCE R CU P NIbft REVIEW 8Y ATE SETBACKS— FEET HEIGHT LOT COVE �G (! O FRONT SIDE REAR V = Property 93yG-I�o-0q o 8=1o8 Tez AecOunt EMA KS Parcel No. ElNEW LO RESIDENTIAL PLUMBING ® ADDITION COMMERCIAL MECHANICAL 7j eemAL ARR AR-4 w-4,62- OREMODEL O APT. SLOG. SIGN a GRADING ❑ FENCE CHECwKEED� BY TYPE OF CONSTRUCTION CODE GRCUPANT REPAIR 7 DEMOLISH ❑ WOODSTOVE ❑ SWIM POOL INSERT HOT TUB/SPA SPECIAL INSPECTOR AREA _ �. OCCUPANT REQUIRED D YES �(' s- 87- LOAD CGARAGE 177 ARPORT RETAINING WALL/ O RENEWAL MARKS ROCKERY z 0 (TYPE FUSE. BUSINESS OR ACTIVITY) EXPLAIN: PROGRESS INSPECTIONS PER UBC 305 = -rr to u �1 3rzr3-rz N oke SHoto (a y NUMBE NUMBER'OF CRITICAL /3Y 0 OF� m0 STORIES �^ DWELLING / EAS 9C,, [_ NUM ER �J J w .S�iIIT4516V UNITS / �/ f� Ac 0I /S DESCRIBE WORK TO BE DONE (ATTACH PLOT PLAN) NL / IST/nf (� Kk 2ffC FINAL INSPECTION REQUIRED CLrfv /lttL J �V/C.��..7 VALUATION FEE li PLAN CHECK FEE Z j BUILDING 4 136 HEAT SOURCE: C�.9Zr E AK 0 .. PLUMBING Plan Check No. `�— MECHANICAL i This Permit covers work to be done on private property ONLY. GRADING/FILL Any construction on the public domain (curbs, sidewPlks, driveways, marquees, etc.) will require Separate permission. STATE SURCHARGE Permit Application: 180 Days Permit Limit:1 Year - Provided Work Is Started Within 180 Days STORM DRAINAGE FEE "Applicant, on behalf Of his or her Spouse, heirs, assigns and ENO. INSPECTION FEE in interest, agrees to indemnify, defend and hold WSuccessors harmless/the City of Edmonds, Washington, Its officials, s employees, and agents from any and all claims for damages of a whatever nature, arising directly or Indirectly from the Issuance I of this permit. Issuance of this permit shall not be deemed to PLAN CHECK DEPOSIT 9 modify, waive or reduce any requirement of any city ordinance i nor limit in any way the City's ability to enforce any ordinance TOTAL AMOUNT DUE provision." by acknowledge that 1 have read this application; that the ATTENTION APPLICATION APPROVAL ion given is correct; and that I am the owner, or the duly ed agent of the owner. I agree to comply with city and s regulating construction; and in doing the work authoriz. THIS PERMIT AUTHORIZES This application is not a permit until by, no person will be employed in violation of the Labor ONLY THE signed by the Building Official or his/her Lhd the State of Washington relating to Workmen's Compensa• WORK NOTED Deputy; and fees are paid, and receipt isrance and RCW 18.27. INSPECTIONE acknowledged in space provided. IOWNER OR A E TI DATE SIGNED DEPARTMENT CITY OF OFf AL'S S16 ATURE ATE EDMONDS ATTENTION CALL FOR INSPECTION �E DATE 1 IT IS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE SPCTION HAS BEN MDE AD APPROVL OR NOFE ABEENN 771- 0220 ORIGINAL — File YELLOW = Inspector AN CE TIFICATE OCCU ANCVE HAS GRANTED.A UBC LJ CHAPTER 3. PINK — Owner GOLD — Assessor - N 160.00' PL. ----------------------------------------------- b O DRIVEWAY EASEMENT ' O O P 140.00' PL. i • i EXISTNG DRIVEWAY b D. � (100.00' I � Y S EL. I 100.0 Z L. 107.90' I ' EXISTNG EX House Dec L. LEVCL. NEW ADDITIOEL. 1003Y N: I ELEVATION GALGUI.ATION'3. 00' M.LEVEL IOCL06* �I ; SPOT A 100.0a , SPOT D 100.00' 7.00 SPOT G 1 1 L 00107.56* SPOT D 107.9D' I EL - gPOT D ; A V ERA6E 4b.SC" 104.GS' ' 100.00 GRADE 4 I SPOT DULONG HE16HT 25.00 ;` `>:` TO PL MAX HE16HT ALLOWED 124.65' I ✓'POR DItiB�I 1.00 . ........ •.:: • :::•:•.'�'' SPOT G ' NEW ADDITION CLCVATION°S SO 4 •/- ' SETDAGK • ' SFIOP LEVEL EL. 103.06, _ _ ta_. 100.oa STUDID L.EVCL EL. 1 14.37' --- OO PL 'SPOT D TOP Or RD6E EL. 125.30' LOT INFORAAATIOrt ZONN& R3-M )I T E PLAN LEGAL DESGRPTIOt* LOT AREA: 115,200 45P SCALE : r - %a CA5TERLY 160' OF SOUTHCRLY ALLOWADLE LOT GOVERA6C 3599 120' O4• TRAGT 64 EDMOND9 5CA- VleI TRAGT-5 AC -GO. TO PLAT 25,200 d1pF X 35X - D,120 9f SITC DRANA6E THEROP RECORDED N VOL. 9 PAGE 74& -A40HOM'.�H COUNTY. GROUND GOVERAGE: EXISTN6 HOUSE 1,716.25 Sf REDUCTION NEW AD"TIOM 4W.00 sr`F'Lf1i'di��i«u TOTAL AREA: 2,635.25 Cie , DO NOT: SCALE EH�1 CONSULTING ENGINEERS DQ� Project Number 2019 15 April, 1995 page 1 of 2 pages Z O W N Z H o Q CLIENT Leksen Construction LU a ADDRESS 18214 Larch Way Lynnwood, Washington 98037 RRCEIyIED • • • APR 19 1M ATTENTION : Stan Leksen o ° o REFERENCE Musland house addition�'couilR WF _ SUBJECT Slope stability J i Z W Q W Z 0 W V) s INTRODUCTION W The purpose of this report is to present the results of a slope stability investigation 0 N W N conducted at the proposed addition to the existing house located at 1430 Olympic W = Z ° Avenue, Edmonds. UJ a ZZ 0 LU The investigation and -report were authorized by Stan Leksen of Leksen Construction during a conversation with Dale C. Hemphill of HEMPHILL CONSULTING ENGINEERS Z (HEMPHILLO). c� o v, W U W W W a D F (n z Z Z ° INVESTIGATION O Y K U W Lu LU Q The investigation was conducted on 8 April 1995, and included geologic research, a O W " visual classification of the slope soils, tests. probing, and penetration cn FEW The observed conditions are similar to conditions revealed by the geologic research. W � Z ° � °° m HEMPHILL observed glacial till overlain by gravely sand (glacial outwash). Probing W W 3 revealed that the outwash was a thin layer over the glacial till, and penetration tests revealed that the glacial till is extremely hard. Because of the great strength of the till, it 'o c o can stand vertically for great heights. The gravely sand outwash can stand at slopes of LL U) N 450, but under unusual conditions would slump to approximately 350. 4041 WEST LAKE SAMMAMISH PARKWAY SOUTHEAST • BELLEVUE • WASHINGTON • 98008 • 206 644 1080 Project Number 2019 15 April, 1995 page 2 of 2 pages Because of the great strength of the glacial till, any instability of the slopes would be the result of minor sloughing of the thin layer of outwash. CONCLUSIONS & RECOMMENDATIONS HEMPHILL concludes that any excavations can stand vertically within the glacial till, and at 450 within the gravely sand. Any lateral pressures against foundation and/or retaining walls will be from backfill and/or outwash. Dale C. Hemphill P.E. Registered Engineer No. 14777 State of Washington G. HE �� aF WASy�Ak q y� x 14777 C� O FGISi�R� �SfONAL �G EXPIRES 17 FEBRUARY 1996 H rEM1Ir1�HrIrL L Steep: CA FILE NO.. Critical Areas' 'Checklist Site Information (soils/topography/hydrology/vegetation) 1. Site AddressALocation: OLa/mq ,�j/� , &WO AtQ s 2. Property Tax Account Number: _ X1_9,1A0 —0rV —© q —O /Off,' 3. Approximate Site Size (acres or square feet): =X. 9G o SP. t t 4. Is this site currently developed? yes; no. If yes; how is site developed? S/N�i-G Aes i6&1 7kag t DfI-� c-e, 5. Describe the general site topography. Check all that apply. RAIR 3 Flat: less than 5-feet elevation change over entire site. Rolling: ' 'slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal distance of 66-feet). Hilly: slopes present on site of more than 15% and less than 30% (a vertical rise of 10-feet over a horizontal distance of 33 to 66-feet). grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal distance of less than 33-feet). Other (please describe): 6. Site contains areas of year-round standing water: 4�2 ; Approx. Depth: 7. Site contains areas of seasonal standing water: IVO ; Approx. Depth: _ What season(s) of the year? 8. Site is in the floodway/l b floodplain kc of a water course. 9. Site contains a creek or an area where water flows across the grounds surface? Flows are year- round? t/ Flows are seasonal? (What time of year? ). 10. Site is primarily: forested ; meadow ; shrubs ; mixed urban landscaped pawn,shrubs etc) 11. Obvious wetland is present on site: /VO Rev 0l/M4 a90 199- City of Edmonds Critical Areas Checklist The Critical. Areas Checklist contained on this form is to be filled out by any person preparing a Development Permit Application for the City of Edmonds prior to his/her submittal of a development permit to the City. The purpose of the Checklist is to enable City staff to determine whether any potential Critical Areas are or may be present on the subject property. The information needed to complete the Checklist should be easily available from observations of the site or data available at City Hall (Critical Areas inventories, maps, or soil surveys). An applicant, or his/her representative, must fill out the checklist, sign and date it, and submit it to the City. The City will . review the checklist, make a precursory site visit, and make a determination of the subsequent steps necessary to complete a development permit application. With a signed copy of this form, the applicant should also submit a vicinity map or p of plan for individual lots of the parcel with enough detail that City staff can find and identify the subject parcel(s).. In addition, the applicant shall include other pertinent information (e.g. site plan, topography map, etc.) or studies in cogiunction with this Checklist to assist staff in completing their preliminary assessment of the site. I have completed the attached Critical Area Checklist and attest that the answers provided are factual, to the best of my knowledge (fill out the appropriate column below). Owner / Applicant: Di-�� %usc..'tJ 0 Name ly3o dLv6pl C u Street Address tomoNas. JAhg-sN-. 9 ono City, State, ZIP Phone Signature Date Applicant Representative: Smvv �El« Name /6�2 Jy 4W14 WR-Y Street Address L1111A WOOD1 WAS'W -q6 0 3� City, State, ZIP Phone Signature Date PLANNING DATA SITE ADDRESS: 1y30 nLvddj& A&,Ar,-,r DATE: :/// Is, - ZONING: 8-12 PLAN CHK#: 6?S-'�� SETBACKS: Required Setbacks: Front:;�5- Left Side:/0 Right Side: 10 Rear: Actual S tba k . Front: r Left Side: Right Side: Rear: 7 1 26 t o CORNER LOT N V LEGAL NONCONFORMING LAND USE DETERMINATION ISSUED X)/R>- LOT COVERAGE: Maximum Allowed BUILDING HEIGHT: Aiv,,Opfw 10Y��e2 (a Maximum Allowed: e � � Actual Height: SUBDIVISION: CRITICAL AREAS #: /,`�2 — SEPA DETERMINATION: LOT AREA: �� q aya.199" City of Edmonds Critical Areas Checklist The Critical . Areas Checklist contained on this form is to be filled out by any person preparing a Development Permit Application for the City of Edmonds prior to his/her submittal of a development permit to the City. The purpose of the Checklist is to enable City staff to determine whether any potential Critical Areas are or may be present on the subject property. The information needed to complete the Checklist should be easily available from observations of the site or data available at City Hall (Critical Areas inventories, maps, or soil surveys). An applicant, or his/her representative, must fill out the checklist, sign and date it, and submit it to the City. The City will . review the checklist, make a precursory site visit, and make a determination of the subsequent steps necessary to complete a development permit application. With a signed copy of this form, the applicant should also submit a vicinity map or pot plan for individual lots of the parcel with enough detail that City staff can find and identify the subject parcel(s). In addition, the applicant shall include other pertinent information (e.g. site plan, topography map, etc.) or studies in cogjunction with this Checklist to assist staff in completing their preliminary assessment of the site. I have completed the attached Critical Area Checklist and attest that the answers provided are factual, to the best of my knowledge (fill out the appropriate column below). Owner / Applicant: Name l y3o 0LvAfpIC %ur_' Street Address Applicant Representative: Name /6,52 )y 4Wf4 JV4-y Street Address zip Phone City, State, ZIP Phone Date signature Date CA FILE NO. Critical Areas Checklist Site Information (soils/topography/hydrology/vegetation) 1. Site Address/Location: 1,q 0z-v1wqA1& &uyo mtp S I Property Tax Account Number: 3. Approximate Site Size (acres or square feet): . 676 o 4. Is this site currently developed? des; no. If yes; how is site developed? S'/iyc��G r�it.0 f DIUM c..e, 5. Describe the general site topography. Check all that apply. Flat: less than 5-feet elevation change over entire site. Rolling: slopes on site generally less than 15% (a vertical rise of 10-feet over a / horizontal distance of 66-feet). y - Hilly:-- --slopes-present on site of more than 1596 and less than 30% (a vertical -"rise y of 10-feet over a horizontal distance of 33 to 66-feet). Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal distance of less than 33-feet). Other (please describe): 6. Site contains areas of year-round standing water: ; Approx. Depth: 7. Site, contains areas of seasonal standing water: IVO ; Approx. Depth: What season(s) of the year? 8. Site is in the floodway_ /ISO floodplain No of a water course. 9. Site contains a creek or an area where water flows across the grounds surface? Flows are year- round? Flows are seasonal? (What time of year? ). 10. Site is primarily. forested ;meadow _;shrubs ; mixed ; urban landscaped (lawn,shrubs etc) 11. Obvious wetland is present on site: NO RcvOIM"4 PLAT OF EDUOQDS SEA VIEW TRACTS " LEGAL DESCRIPTION THE SOUTH 2 FEET OF TRACT SS, LESS THE EAST 140 FEET; ALSO THE NORTH 12 FEET OF TRACT Sq, LESS THE EAST 140 FEET; ALSO THE EAST IroO FEET OF THE SOUTH 120 FEET OF TRACT Sq ; ALSO TRACT qO, LESS THE WEST 140 FEET; ALL IQ EDUOJJDS SEA VIEW TRACTS, ACCORDIIJG TO THE PLAT THEREOF REGORDED IQ VOLLIUE 3 OF PLATS, OIJ PAGE 7G, RECORDS OF St`JOH01. IGH COUNTY, WASHIMGTOIJ. NOTE SEE CITY OF EOUOtiJDS LOT LIIJE A0JUSTI P_WT IJO. S - q - S7. LEGEND 0 = SET 11'ZOIJ PIIJ WITH PLASTIC GAP IJO'C). g891 RECORDING CERTIFICATE EX. CAGED Q W G0kQER OF SE'/4, SE'/4, SEGTIOW 13,T. 271J., R. 3 E.,W.t..i. r T r 0 C G• SEGTIOIJ LIIJE PUGET 0% EX. CASED 52 bi 0 :D 0 Z W N Q N 1 Q 890 IS' 23" W -- 140.00' Q Scl° IS' 23" W 88 N 100.00, T - KJ Sq o I S' 23 " W )40.00' NI PARCEL I ( 1430 OLYKARIC AVPuup br a 89 o o N 23, Iqq SQ. FT, m 0 0 N Q N m N PLATTED TRACT LINE EX. Ifzou PIQ W - _ - Iro0.00' 'W ` ` - LJ Sq 0 1 S' 23" W N N Q- T 0 O 0 Z Z o r- o PARCEL 2 0 (1 )Oq EXCELSIOR PLACE) Q IG)9(oO SQ. FT. FILED FOR RECORD BY U.J. LOVELL ..��7 THIS�_�AY OF//'' SAY 19 e2 A.D.. AT�a MINUTES PAST—O'CLOCKA-M: AND RECORDED IN VOLUME-, ;Z_�OF SURVEYS ON PAGE_ RECORDS OF SQOHOW ISH COUNTY. WASHINGTON. DEAN V. WILLIAMS AUDITOR DEPUTY AUD17OR 170.00' EXCELSIOR PLACE grI DRIVE SURVEYORS CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT. ATTHE REQUESTOF PETER K. I.,/IUSLA%JD THIS 3"4 DAY OF OCTOe>EIZ 19 eG " ` L.S. NO. 9g39 GERALD W. LOVELL � 0 - tJ 8q ° I S' 2 3" W Q (PLAT OF SURVEY FOR PETER K. MUSLAINJO IN SE%4,SE%4,SECTION 13,T.27N.,R.3E.,W.M. CITY OF EDMONDS SNOHOMISH COUNTY, WASHINGTON PLAT OF " EDUOKJOS SEA VIEW TRACTS " LEGAL DESCRIPTION THE SOUTH 2 FEET OF TRACT S8, LESS THE EAST 140 FEET; ALSO THE MORTH 12 FEET OF TRACT Sri, LESS THE EAST 140 FEET; ALSO THE EAST IroO FEET OF THE SOUTH 120 FEET OF TRACT e9 ; ALSO TRACT 110, LESS THE WEST 140 FEET; ALL ItJ EDU0Q0G SEA VIEW TRACTS, AGCORDIIJG TO THE PLAT THEREOF RECORDED IiJ VOLLIKAE 3 OF PLATS, OfJ PAGE 7G, RECORDS OF GQOHOU IGH GOUIJTY, WASHIMGTOKJ. NOTE SEE CITY OF EOkAOtJDS LOT LIIJE ADJUST1.AGWT fJO. S - c1 - 257. LEGEND = SET II201J P11J WITH PLASTIC CAP IJO'D. gi&91 o S �� RECORDING CERTIFICATE EX. CASED ;�1JW GOPWER OF SEGTIOIJ 13,T271J.,12.3E.,W.I.�i. �N r 0 T 4�r Q 690 IS' 23" W 140.00' fJ '3q o I S' 23" W I <00.00' uj uj W W N , T 0 N 0 T --KJ B390 IS' 23" W -- N 140.00' PARCEL I p (1430 OLYkAPIC AVEUUE) 0 a 9 o o r J� N 23,Iciq SQ. FT. m 0 0 0 m o N t� N PLATTED TRACT LINE EX. IROU PIQ W J — - I ro0.00' .- W IJ e9°IS'23" W � N N 6- � 0 o 0 0 :2 00 PARCEL 2 �- o 0 0 (1109 EXCELSIOR PLACE) � 0 I<o)9GO SQ. FT. 170.00' SECTIOW LI1JE� PUGET_ DRIVE EX. CASED I.AOI.J U 1.�1 EIJT 0 2750 4 3 FILED FOR RECORD BY KA.J. LOVELL THIS %T-bAY OF/' "AY "19 S7 A.D.. AT/d MINUTES PAST�L1._O'CLOCK/-'/� M: AND RECORDED IN VOLUME ') -�/ OF SURVEYS ON PAGE�2_zz RECORDS OF GQOHOKA ISH COUNTY, WASHINGTON. DEAN V, WILLIAMS C2.e . n9Nr*C1scsh AUDITOR DEPUTY AUDITOR EXCELSIOR SURVEYORS CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT, AT THE REQUEST OF PETER K. 1✓I1_ISLAi JD THIS 3"d DAY OF OCTObEK2 19 8S L.S. NO. GIBS I GERALD W. LOVELL � 0 1(2?0.00' _ N iBq o I S' 2 3" W 0 PLACE iPLAT OF SURVEY FOR PETER K. MUSLAND IN SE%4,SE%4,SECTION 13,T.27 N.,R.3E.-,W.M. CITY OF EDMONDS SNOHOMISH COUNTY, WASHINGTON CA FILE NO. Critical Areas Checklist Site Information (soils/topography/hydrology/vegetation) I. Site Address/Location: `f3c7 &�Ax %z,/.yoN/> S 2. Property Tax Account Number: � ( —0 —Oig —0 / OR I Approximate Site Size (acres or square feet): Qa�,) 9l0o 4. Is this site currently developed? des; no. If yes; how is site developed? S//V c sr, S. Describe the general site topography. Check all that apply. Flat: less than 5-feet elevation change over entire site. Rolling: slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal distance of 66-feet). Hilly: slopes present on site of more than 15% and less than 30% ( a vertical rise of 10-feet over a horizontal distance of 33 to 66-feet). Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal distance of less than 33-feet). Other (please describe): 6. Site contains areas of year-round standing water: A� ; Approx. Depth: 7. Site contains areas of seasonal standing water: /VO ; Approx. Depth: What seasons) of the year? 8. Site is in the floodway_ Vo floodplain _ j/ o of a water course. 9. Site contains a creek or an area where water flows across the grounds surface? Flows are year- round? Flows are seasonal? (What time of year? ). 10. Site is primarily: forested ; meadow ;shrubs ;mixed ; urban landscaped (lawn,shrubs etc) 11. Obvious wetland is present on site: /VO Rc„mmaro, e90-19q- City of Edmonds Critical Areas. Checklist The Critical . Areas Checklist contained on this form is to be filled out by any person preparing a Development Permit Application for the City of Edmonds prior to his/her submittal of a development permit to the City. The purpose of the Checklist is to enable City staff to determine whether any potential Critical Auras are or may be present on the subject property. The information needed to complete the Checklist should be easily available from observations of the site or data available at City Hall (Critical Auras inventories, maps, or soil surveys). An applicant, or his/her representative, must fill out the checklist, sign and date it, and submit it to the City. The City will review the checklist, make a precursory site visit, and make a determination of the subsequent steps necessary to complete a development permit application. With a signed copy of this form, the applicant should also submit a vicinity map or pot plan for individual lots of the parcel with enough detail that City staff can find and identify the subject parcel(s). In addition, the applicant shall include other pertinent information (e.g. site phi topography map, etc-) or studies in conjunction with this Checklist to assist stab in completing their preliminary assessmput of the site. I have completed the attached Critical Area Checklist and attest that the answers provided are factual, to the best of my knowledge (fill out the appropriate column below). Owner / Applies _Iucc�o Name N30 OLYMPI )4rwvu J street Address Applicant Representative: ,37Nn/ 1,6/l56.n/ Name 1&2 )y k4I1JcN RAY Street Address Z� Phone City, State, ZIP Phone Date Signature Date CITY OF EDMONDS CONSTRUCTION PERMIT APPLICATION OWNER NAME/NAME OF BUSINESS TL' IC -C 1�, /V1os Fin%t MAILING ADDRESS I l� 3C C�LX IVf71C Pr U C CITY IZIP TELEPHONE NUMBER bMo 14 -.' , Lull I 7-le, .- k4tG /, NAME ADDRESS CITY ZIP ITELEPHONE NUMBER NAME 1� ADDRESS ,,-,( CITY ZIP TELEPHONE NUMBER STATE LICENSE NUMBER G MEyA A l 87 0✓ Legal Description of Property -.include all easements (sh below or attach two copies) bmnK).a,, 5cwUi' kJ 1 Rt'CTS Tax Account Parcel No. 7 t,� •� 1 4-El NEW 1� RESIDENTIAL PLUMBING ADD/ALTER 1:1COMMERCIAL ' MECHANICAL REPAIR 1:1APT. BLDG. LJ SIGN DEMOLISH OR GRADE FILL El FENCE FT) CARPORTCARPORT SWIM REMODEL GARAGE POOL WOOD STOVE/ RETAINING WALL/ ❑ INSERT ROCKERY RENEWAL (TYPE OF USE, BUSINESS OR ACTIVITY) EXPLAIN: ?E-5 r 41G)5- NUMBER OF STORIES NUMBER OF / DWELLING / UNITS NATURE OF WORK TO BE DONE (ATTACH PLOT PLAN) -8 o l IJ 3c,+ u- ' R t Ph Oq UJ A I-- L T USE PERMIT ZONE M - NUMBER. JOB / SUITE/APT # ADDRESS .EGAL DESCRIPTION CHECK SUBDIVISION NO. LID NO. PUBLIC RIGHT OF WAY PER OFFICIAL STREET MAP. TESCP APPROVED BY EXISTING REQUIRED DEDICATION ~� PROPOSED RIGHT OF WAY CONSTRUCTION PERMIT REQUIRED O w STREET USE PERMIT REQUIRED ❑ Z 0 SEE ENGINEERING MEMO DATED REVIEW BY W EMARKS 0 METER SIZE BUILDING SUPPLY SIZE FIXTURE UNITS cc REMARKS a 3 SIGN AREA ENV. REVIEW ADS NO. ALLOWED PROPOSED COMPLETE EXEMPT / SHORELINE# VARIANCE OR CU IPLPANNINa REVIEW BY SETBACKS — FEET HEIGHT LOT COVERAGE Z FRONT ?-C,' 'SIDE l REAR 'h� 3�a eei REMARKS J a t CHECKED By TYPE OF CONSTRUCTION CODE g i�v� HEIGHT SPECIAL INSPECTOR AREA OCCUPANCY OCCUPANT REQUIRED GROUP yj LOAD O YES C NO REMARKS PROGRESS INSPECTIONS PER UBC 305 Z Z 0 J s m FINAL INSPECTION REQUIRED VALUATION PLAN CHECK FEE BUILDING PLUMBING Plan Check No. MECHANICAL This Permit covers work to be done on private property ONLY. GRADINGIFILL Any construction on the public domain (curbs, sidewalks, STATE SURCHARGE driveways, marquees, etc.) will require Separate permission. Permit Application: 180 Days Permit Limit: 1 Year. Provided Work is Started Within 180 Days "Applicant, on behalf of his or her spouse, heirs, assigns and y J successors in interest, agrees to indemnify, defend and hold harmless the City of Edmonds, Washington, its officials, i swhatever omodify,, x employees, and agents from any and all claims for damages of nature, arising directly or indirectly from the Issuance of this permit. Issuance of this permit shall not be deemed to waive or reduce any requirement of any city ordinance nor limit in any way the City's ability to enforce any ordinance provision." PLAN CHECK DEPOSIT TOTAL AMOUNT DUE I hereby acknowledge that I have read this application; that the information given is correct; and that I am the owner, or the duly ATTENTION authorized agent of the owner. I agree to comply with city and THIS PERMIT state laws regulating construction; and in doing the work authoriz- AUTHORIZES ed thereby, no person will be employed in violation of the Labor ONLY THE Code of the State of Washington relating to Workmen's Compensa• WORK NOTED tion Insurance. INSPECTION SIGNATURE (OWNER OR AGENT) LOATE SIGNED / DEPARTMENT /19lt / �'G) CITYOF 111EDMONDS% ` CALL FOR ATTENTION INSPECTION W FEE �.!'I/�� IAr.= APPLICATION APPROVAL This application is not a permit u t I I signed by the Building Official Vl s .hepuU; and fgeS'areova0vand re t is DA 6SEq Wt. Olt 719 IGINAL —File YEL OW —Inspector PINK — Owner GOLD — Assessor IT IS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE %%1-.3202 UNTIL A FINAL INSPECTION HAS BEEN MADE AND APPROVAL OR A CERTIFICATE OF OCCUPANCY HAS BEEN GRANTED. UBC CHAPTER 3. CIY CLERK �:. KCENWATER "I . MU ,"AN EDMONDS, 98020 TRACTS SS,Sq. AQD 90 STREET FILE tit O Q D S E 4 V I L W. T R A_ �, TS NOTE: Approval of this .0-AOQDs) WAS IQ(3TOf, J lot line adjustment is subject to the conditions �ry found in City of Edmonds 1 file #S-9-87. FOREST DELL. DRIVE tw ARCH 10ALD DP E IJ IJI TT r -3. LU D LU 10.1 30, ' 14 i �hf TER K. UUSLAWC) P VbE�2 23,1994 JACK E. DIZ 1 w 2Lu (UEW) N DODD �� V (n NO (n y /+1Z'D W z EXISTIUG EX. SKIED 60UfJDARY N ROGER A. OECAkAP 140' �0 �= T ,ii A/ PETER K. 1AUSLAIJD- JO LPROP05ED (Nv _ 1301J J DA R Y lu I j DAVIp W, 0 1(0,q(204' W1 O TUTTLE (NEW) — PETER K. UUSLAWD I G 0' M EXCELSIOR PLACE CJ KEWWETH A. AW&P-1-11- , AUTHORIZED FOR RECORDING CITY OF EDMONDS By �_9 Page -3 Of CITY OF EDMO�IDS P. W. DE;'T. ENGINEER NG DIV. EXAM11;:.D DY Alm ,DA�rc G/ 1 REMARKS4 j, 4 � ? JAMES R. G A13LEY 8 A`0714023T L O I S KA VIWYARD J� kAARGAR.ET E. H UTTO 1J VOL. 2071.PAGt1468 L—Ab,Lovoll-Sauerland & Associatos, Inc. 7 Et SURVEYORS • DEVELOPMENT CONSULTANTS • PLANNERS 23106 100TH AVE. W. EDAAONDS WA. P0020 • PHONE 775.1593 VIIAWN C'MM) UAIE F.G. SCALE FILE W. KU GWL110.IG.640043s III=6o' 85 -1417 FRACTS )�,AOQDG kA O Q D G- Ci 88,Sq AI J D clU SEA VILVJ & RATS vVAS II.JGN NOTE- Approval of this lot adjustment is subject to the conditions found in city of Edmonds file #S-9-87. o FOREST DELL DRIVE nI i ARGHIBALD IJ. P R 0 w Q I i� WW 0 J I D� E I I —�N I �---- Imo'---- J LV its-.1., �� PETER K. TER K. 1„{USLAWD },,IUSLAI.ID L 2 J A G K E. G7'ZIW�; �N C}JEW) _ r o r DODD� J m p _ N 1�3 m YA tz� w pc,Y view jpa. �Sl 0 �tsr 4C EXIST1QG f F-X. SHED C"a0LJW 7ARY.�_ �• 16 O' ill PROPOSED— BOUMOARY �u ROGER A. 1=N r DEGAkAP r� O I��O� wp DAVIp W. TUTTLE — (1JEW) PETER K. ►„1USLAI.I0 140' �'� . IGO' %� N `f O m EXCELSIOR PLACE I i I LOIS U. VIWYARD I i , C KEQWSTH I JAMES R. I kAARGARET A. AIJC�ELL I GOM15LEY E. HUTi"OQ I AUTHORIZED FOR RECORDING CITY OF EDIVIONDS LJ LU Q V C) 30' _. 14,y---2 gL03 IO2 5z-bb 1- - — 4,V OL '6/ O 1 e- i�� C�� - -752 Goy-j9 / 01 7 C I 03 01. 04 1 OI o L 153 - Q - g3 04 I I - — - 6 03 J 8 — --I C I B4 — — I 2 5 oz I oa 1 0-7ALT M 7 9 /O Inn 4 O I i 85 C Z 60 6 03 I OI �. 3 5-109 2 5 73) 4 5 , , \ 54 , 7 ` 607+6- .7-V1 \ �0 �jj6 0�0 i5- -7q)5 oZ 5 3� (�b J\ 4 55 5 - 21; b't / ti G)� \� 5 60\ / FOREST 0 1'h 9 01 s- z3 . � _ / �a 46 \ G4 - - DELL _ �� 57 A B9A O �� 0 56 NI 0 o� -59 22 01_ — — — i 02 \1 \6 O3 I — 45 \h EXCELSIOR PL. OI 04 / 0Z o> .3 pl v p3 - 6-58-70 5- 9-89 5B � S 3 0-66 ° L P 5 fj2 et \ o e 9 02 92 �S AF 8408290222 014 13 0 18 MONDS NOTE: : This is not a survey, it is a parcel map PA.M., July, '73 used for location of property only 24 I 19 �� - - -- ---- ----'----'--'--'-----' — T.|R MUNICIPAL COURl 94/06/1093 309 PM D U C K E r . --- I ...... .... ....... -... ' '—' ........... 1 DEFENDANT ( � KUSLANP, pF7ER K 9510 FOREST DELL URTVE EDMONDS WA 98020 CHARGES «io]ation Date; 89/27/1990 Plea 1 19.00.010 SRADTNG W/OUT A PERMlT Not Guilty �TEXT CAW 46318 `l/P Criminal Non -Traffic Agency No STREET �=K FILE ' Finding Dismissed � S 12/05/1990 Case Filed on 12/05/1990 12/17/1990 Defendant Arraigned on Charge 1 Plea/Response of Not Guilty Entered on Charge 1 U 4/1991 11ANSFERRSD TO UlSClS S ATY 1 CULLFN, TFRRENCF .| Added as Pa'ticipynt JTR Set for 07/24/1991 08:30 AM � in Room 1 with lodge SLC � � 06/17/1991 Notice Issued for .|TR on 0?/24/1991 08:30 AM 07/16/1991 JTR on 07/24/1991 0800 AM in Room 1 with Judge S|'C Cance]pd ` � i| ATTY TERRY CUi'LEN CONTACTED CURT AND REQUPSTEP JTK SET WE � CANCFU'Fn. PA STEINFk & Al)Y HAVF AGRF6]/ TO GUT THIS OVER FORnRG FOR ]][SyOSITI0N OR POSSlDLE JTR RESEr S PTR Spt for OY/16/1991 10,30 AM � in Room 1 with .1vdop SiC Noticp Issvnd for P?H on 09/16/1991 10:30 AM ` 89/16/1991 pTR: Held Proceedings Recorded on 7nv, No. 91-138 11/21/1991 2� JTR Set fu, 01/14/1990800 AM. _ � � in Room 1 wjth..|vd9e S|C Notice Issued for JAR on O)/14/1992 8030 Ai,*.! |! 12/20/1991 HEARlNO SET FOR P022IT]iE DlSPOST7lON S OTH Set for 01/13/1992 10,30 AM in Room 1 with Axdgp ShC 12/23/1991 01/0/199? Notiro TssoeH fof OTH on 01/13/1992 O[H: Held 1000 �M ' ProrPedings Recorm+d :,. Tope No. \| 2737/2151 dUORE CONWY, PA STEIN[K / NU HO'!]UOS WNI7NUE FOR JURY TR]AL, N0T(CE OF CASE SFr[[NR RIVEN TO llEF SUIpUWNA ISSUF11 All !FHAN'B]SSFi! ' Dl[K MUMMA, WHN SA7FR( TF FROM PiANNTNA 0&PT S 01/16/1992 .RR NN Spt for =12/1097 88'30 AM ' in Room 1 with judge SLC U 02/11/1903 PA SlFINFR C0N7ACTFI/ []ERKS OFFICF... JURY ARIA! HAS CANCELLED, AND SET FOR UTSPnS[TlON HRB IN ApRl|'/9� PICK MUMMA, JUHN BlSSEi i, & .|OHu SAlVR! lF Aii CN iFl/ nFF. N8TTCE OF CASE SFTTlNG MAILED TO 00F S JTR'NN on 02/13/199? OR00 AM in Rove 1 with judge SLC Canceled ` STl Set fop CA/30/1992 1000 AM in Room 1 with Judye'SLC 03/18/1992 Notice Issund for SAT onOA/2O/19Y2 1W3O AM � |0ockpt cootinue0 on next pagp um KM6 Di . SEH UJP u DD?020SX T.|R EDMONJ/S MUNICTPAi CUURT PAGF !4.�0/1193 2:29 PM U U C K E T DEFENDANT MUSLANl/, PCTEK K CASE; 46310 ETIP Criminal Non—Traffit:- Agency No. TEXT - Continued U 03/17/1992 SUBSTITUTION OF AlTORNEYS FliFD S 04/20/1992 SrI' Held procpedings Recorded on Tape No, 92073 U (99O — 1051) JUDGE CONXOY PA STEINER ' � DFF AND ATTY PRESENT � DFF SIGNS WAIVER OF SPEEDY TRIAL AND KEQUFS7S JTR BE RESFT .[[R SET. NOTlCE GIVEN rO PEE ANJ]ATTY S 05/86/1992'JTR NN Set for 87/29/1993 08/30 AM in Room 1 with Judge SLC UTP 1 KUMMA, DICK Added as Participant WrP 2 8ISSELL' JOHN Added as participant ' WTP 3 SAIERLlE, .|OHN Added an Participant U SUIPOENA ISSUED TO WI7NESSES MUMMA, BISS[iL ANRSAlFR! IF S 07/29/1992 .)TR NN; Held Proceedings Recorded on 4ope No, 92147= U (416-967) JUDGE C0NROY PA S7ElNER PFF PnESFNT U/ AlTY (404) CITY RBQUESTS TO O87A[W UTSCOVE8Y FROM DEFENSE /483> ClTY RFQ|lFS73 CONTINUANCE AND F[/RMAi RFQU[ST FOR, D[SC0VFRY (493) DEFENSF 0pPO05 C0@lINUAN0E (651) 0FENSE REQUESTS h{CMISSAL IF CTTY NnT READY FOR 7RIAL , <690> C17Y OD.|EC7S; ARSUMEN7A1IVE AND VERIUSE (691-959) COURT RESPONSE, FENDS NO GOOD CAUSE FOR CONTINUANCE (961) DFFENSE MOVES 70 DTSMIGS . (965) MOTION GRANTED DivmAsed; unkno",' ' Accounts Receivable Created 350.0O Champ 1 Djsn'issed: Court's Motion 4ccounLs keceivahle Changed to OOO Autho,iveJ by SEI . Case Disvosivioi of CL Fntered ADDITIONAL CASE DATA Case Disposition , I/ispociti^`'' C]ospd Parties Witness for Prosecut CULLFN, TFKRFNCF J. MUHMA, DICK B]SSELi, 0HN 3ATERLIP, J01*1 0ocket continued on next page =020SX lJR FbMONDS MUNTCIPAi COURT pABF; 3 34�A6/1493 2:29 PM D U C K E T CASO 46310 EDP DEFENDANT Criminal Non!Traffic MUSLAND, PFTER K. Agency No. ADDITIONAL CASE DATA- Continued Personal Description , Sex: M BOB: ' Dr, Lic.NoState: Fxpires: � Employer' � Height; Weight: Eyes: Hairi Knce: U � Identifying Information; � Hearing Summary ' Hel6 PRETRIAL HEAkINS ON 09/16/1991 AT 1008 AM IN ROOM 1 WITH SLC Held HEARINS ON 01/13/1992 AT 10:30 AM AN ROOM 1 UlTH SLC � Schedule JURY TRIAL ON 01/14/1992 AT 0030 AM IN ROOM 1 UITK SLC Held ST1P|)LATlON HEAR[NG ON 04/20/1992 AT 10:30 AM IN ROOM 1 WITH SLC Held JURY lRIA| ON 07/29/1992 AT 08:30 AM IN ROOM 1 UITH&LC �nd of docket report for this casp DD7820SX lJ� 04106/1093 2:29 PM Fl|HONl/S MUNICIPAL C0URl l] 0 C K E [ DEFENDANT MUSLANJ!, PF7[R K 9510 FOREST DB'L DRIVE EDMONDS WA 98O20 CASE' 46311 EDP Criminal Non—Traffi- A9ency No CHARGES Violation Date: 10/10/199O Plea Finding 1 19.00.000 V[OL STOP WORK ORDER Dismissed TEXT S 12/05/1990 Case Filed on 12/05/1Y90 � 06/14/1991 ATY 1 CULLEN, 7ERKENCE J Added as Pa'ticQant uTP 1 BlSSELL, JOHN Added as Pavticipant W[P 2 MUMMA, DICK Added as Participant WTP 3 SATFRLIF, JERRY Added as Ppr+iripant J[R Set for 07/24/1991 08:30 AM in Room 1 with Judge SLC || [RANSFERRED TO DISCTS S 06/17/1991 Notice Issued for .|TK on 07/24/1991 0%30.AM U 97/16/1991 ATTY TERRY CULLEN CONTACTED COURT AND REQUESTFD JTR SET RE C4NCELLFD. PA STFINER & AlTY HAVE AGREED TO SEI THIS OVV!�� FOR nlSPGSITION OR POSSIELE JTR RESET. S .|TR on 07/24/1991 08/30 A— in Room 1 with judge SLC Canceled pTR Set for 09/16/1991 10'30 AM ' in Room 1 with Judge SLC Notice issued for PAR on 09/16/1991 1O`3O AM 09/16/1991 PTQ Held p'^ceedings Recorded on 74pe No 91-13A U (1400-1437) JUDGE CGNROY; PA STE[NFR DFF PRESENT W/ AlTY CUiiEk ClTY FN7ERS MUT[ON TO )]TSMlSS CHAoGE KOTTON SRANTED S Charge 1 Dismissed; Coo't'sMotiv� Case Disposition of CL |] FINDING AND SENTENCE GIVEN TO DEF S 10/10/1991 Acc^unt� Recyivyb]e C'eaiod OO ADDITIONAL CASE DATA Case Disposition Dispo4itio/.' Closed Parties Attorney TERRENCE J Witness for Prosecut BlSSCLL' .)OHN MUMMA, DICK SA7ERLlV .1EKRY DocQnt corLinueo on next page UD7O3OSX TJk E��ON�/S MUNlClp�/Ci/U8T P��E� 2 04�O6/1��93 CASE� 463�1 E[/P DEFENDANT Cri'oinal Non-7,af�ic MUSLAN�, PElER K' A�excy No. ADDITIONAL CASE DATA — Cootinueci Personal Description Sex� M I08� , Dr.Lic.No.� Statp' Expir�� E�ployer� Height� Wei�ht� Eyes� Hair� ' Race' n ( ldentifing lnformation� � Hearing Summary He]d PKFTRlAi HEARlN�� O� O9/16/1991 AT 1O�3O AH IN RUU� 1 �nd of docket report �or this c�se ` W]TH SLC DAVID A. STEINER August 4, 1992 Mr. Dick Mumma City of Edmonds 250 5th Avenue N. Edmonds, WA 98020 DAVID A. STEINER ATTORNEY AT LAW 800 BELLEVUE WAY NORTHEAST SUITE 300 BELLEVUE PLACE BELLEVUE, WASHINGTON 98004-4229 Re: Violation Procedures/Musland Case Dear Dick: BUICDIN�tnTREE7. i�IL�.,,, AUG 0 5 1992 TELEPHONE (206)637-3006 FACSIMILE (206)646-2851 The violation procedures you have outlined appear to adequately handle the steps which must;be taken within your Department. They do not, however, address coordination efforts with the City Attorney, the Prosecuting Attorney and the Municipal Court. Complete violation procedures should address the time period within which you will communicate with the City Attorney regard- ing a violation; the paperwork and information necessary to allow the City Attorneyto"make a-` filing decision and the coordination required with the Municipal Court. I suggest that the City Attorney should be notified immediately upon the determination of a Code Enforcement Officer that a violation of the City Code has occurred. Provided, however, the Code EnforcementtOfficer should use his or her discretion in determining whether charges should be filed in particular cases. In any cases where significant delays may occur between the citizen action giving rise to a possible violation and the charging of that violation, the City Attorney should be consulted regarding the Statute of Limitations. The City Attorney must be given complete information regarding the violation. This means that an adequate record must be kept of all contacts with witnesses and with the property owner. Because these arP potentially all criminal matters, a log of all contacts similar to a Police Report should be maintained. Finally, after'a code violation is filed as a criminal charge, all of the rules of criminal proceedings apply. This means that adequate discovery must be provided to the defendant or the defendant's attorney. Your office must, therefore, coordinate with the City Attorney and the Municipal Court to insure that the Municipal Court has the complete file. Mr. Dick Mumma Page 2 August 4, 1992 STREET FILE If you .have not passed the proposed violation procedures through Scott Snyder, I request that you do so. I have enclosed a copy of Peter Musland's file. It is possible that you already have all of these materials. If so, use only what you need..,As you know, Mr. Musland's case was dismissed on July 27, 1992._ The lessons that we can all learn from this dismissal are as follows. The normal discovery procedures were not followed. Normally, the Municipal Court provides discovery and also provides a request for discovery from the prosecution at the time this occurs. Discovery in this case, however, was provided by the City Attor- ney's office. No request for discovery for the prosecution, therefore, was forwarded. There is certainly no blame to be affixed here. Setting up a normal discovery procedure, however, and following the same, will insure the alleviation of this problem in the future. Only the evening before trial did I learn that the defense plan- ned to call several unnamed witnesses. The attorney for Mr. Musland refused to reveal the names or expected testimony of these witnesses. Based upon this refusal, I requested a continu- ance of the trial and stated that the City would not request that the jurors be present for this motion. For obvious reasons, I did not wish to have all of the jurors present because of the disruption it causes as it appeared unlikely the City would be able to proceed to trial. Unfortunately, the Court determined that a continuance was not justified because the City had not provided a written request for discovery to the defense. In conclusion, it is certainly my hope that the City may still proceed against Mr. Musland civilly to insure compliance with the City's Code. If I can.be of any assistance in Mr. Musland's case in the future, please contact me. Very truly yours, David A. Steiner DAS/blg Enclosure cc: w/ enclosure Scott Snyder, Esq. 89p_19'1 • CITY OF EDMONDS 250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-3202 COMMUNITY SERVICES: Public Works • Planning • Parks, and Recreation • Engineering • STREET FILE LARRY S. NAUGHTEN MAYOR LETTER OF TRANSMITTAL Date: To: %?;11' eW4E J� 614W Project: Address: Transmitting: Plans & Calcs Plan review number: Soils Report Other PETER E. HAHN DIRECTOR .q For your information: Comments: As requested by your office: For structural plan review: �. E/INI��Y/JL CM�Cxt.�ts? For. non-structural plan review: s: /rjsje_ f#IT «reeKe�sr For Washington State Energy Code review: g gy fi/iO�IT For Northwest Energy Code review: 70VPV6 ^o,0oZ11/4!>sYt! For Fire Code review: Note attached comments: For Corrections and resubmittal: Building Division Respond to letter in writing: Resubmit 2 revised plans: City Official Send directly to City Building Division: • Incorporated August'11, 1890 Sister.Cities International — Hekinan, Japan. • STREETILL JULIN, FOSSO, SAGE, McBRIDE & MASON ATTORNEYS AT LAW 1001 Fourth Avenue Plaza M. COLLEEN BARRETT AXEL C. JULIN 118801 Suite 3900 •• TEBRENCE J. HAROLD C. FOSSO EUGENE H. SAGE (1983) Seattle, Washington 98154-1084 BRHONUCE C.. EDMACULLEN JAMES D. McBRIDE VIDLA • ANTHONY J. VIDLAK LAURENCE E. MASON •• ALSO ADMITTED IN IllIN015 M. KATHRINE JULIN FAX: 12061 622-3781 GEORGE A. TRICHAK GEORGE W. McLEAN, JR.• (206) 622-3720 1 • ALSO ADMITTED INOREGON AND CALIMRNIA BUILDING February 13, 1992 FEB 18 1992 Mr. Richard Mumma City of Edmonds Building Department 250 5th Avenue, North Edmonds, Washington 98020 Re: City of Edmonds v. Peter Musland Dear Mr. Mumma: Since this matter has now been continued to April 20, 1992, we would appreciate receiving from your office a complete set of the application forms which you feel would have been necessary to obtain a grading permit. Also, please provide us with any explanatory materials which your department has regarding the application forms. Thank you for your cooperation and prompt attention to this matter. Very truly yours, Terrence J. Cullen TJC:hms cc: Peter Musland NorsolDev • 11 DATE: February 6, 1992 FROM: Dick Mumma TO: Musland File MEMORANDUM MSTREET FILE SUBJECT: CONVERSATIONS WITH STEINER, SNYDER, CULLEN & WILSON After conversations with Mr. Steiner, Mr. Snyder, City Attorney, Mr. Cullen, the defendant's attorney, and Jeff Wilson of the City Planning Department, I have come to the following resolution regarding this matter: Mr. Cullen is requesting a resolution to the case before it goes to trial on February 12, 1992. Our position is that the violation occurred and that nothing Mr. Musland or Mr. Cullen can do at this time will change that event. It should be tested in court on its own merit. Regarding the condition of the site, Mr. Musland should apply for a grading permit and go through the normal review process. If that permit is approved, then we have to ensure that the conditions in the permit are adhered to on the site. If not, the site should be re -constructed to its pre -developed state. RRM/sfn cc: File 0 STREET FILE JUi�1 ;1991 IN THE EDMO-IDS;-LHMCIpAi COURT OF THE STATE OF WASHINGTON IN AND FOR SNOHO"1ISH COUNT' CITY OF EDMONDS, ) Piainti_`_`, ) vs b_ 46311/46310 MUSLAND, PETER K Defendant, 1- STATE OF WASHINGTON, City of Edmonds To: DICK MUMMA 250 5TH AVE N ADDRESS: EDMONDS, WA 98020 %PLANNING DEPT YOU PRE CO __%ANDZD TO : PPFA.R: ON: JULY 242 1991 � at 8:30AM at E(5nonds Munic_oal Court, located at 650 ma: p. St:==z . (D.�=za-tee .flc== o= ihr , Edmonds, ez =ncto. 98020 to testi_v in th.e trial of the above encaptioned :aatzer o: the pE - 'rt c_ the olaiztifT, the City o= Edmonds, ar_d to rerein -in att_aeance until you '_wave given your testimony or have been dismissed or excL=ed by the Court. DATED this 17TH day o= JUNE 1091 CL= ?:< 0= COii T STREET BILE IN THE ID !qDUWCIPAL COURT OF IHE STATE OF NkSE0CM ON -)21 I,'M FOR SNOHO�QSU COM.. CITY OF ED-jotIDS, - Plzinti_`_`, ) _ vs ) !:0- 46310 MUSLAND, PETER K Defendant, STATE OF City o= Edmonds . ro' JOHN SATERLIE Y 250 5th AVE N DDRZrSS: EDMONDS, WA 98020 ' -PLANNING DEPT YOii --RZ- CO ==_UNDID TO :»FzLp 0X:-.FEBRUARY 12, 1992 8:30AM at at=enoacs :-"unic_:)zl Court. ?ocztee at 650 ter_ 5 ==- - �D._Zza-to? -tic=- of -Edsmonds, to, 98029 to testify in th-e trizi of t' - ` olai iltif= - _ �ae a::'ove encant�oard `L=er o; the- -rt o_ t-r the C ty o_ id�ones, and to 117es"2 rtestimonyre a1[1 -gin aa`.i�ZG�r1Ce' LL1t° � You ='..ai�e 5 your or have �.1 dismissed or exct_ed by the Court_ this 15 th <;-ay o= JANUARY 1092 DEN 0TT"PHY STREET FILE ,AI T.ACj�, ATTORNEYS AT LAW MEMORANDUM OF TRANSMITTAL DATE: November 30, 1990 TO: Sherrie Gursley Edmonds Municipal Court 250 5th Avenue N. Edmonds, WA 98020 RE: City of Edmonds v. Peter K. Musland Citation Nos. 0046311, 0046310 ENCLOSED: Original Complaint and two Citations. cc: David Steiner (w/enclosures) U&M Katie and Jessica have done some research on this case. Feel free to call them for more information. Kathy OGDEN MURPHY WALLACE aV L = —Lglielelee-) Kathy tj Trickle Legal Secretary to Kathleen C. Healy 0006.168.066 n c .,•.i nrf;.. oinn ly—i� i,. r..o— T.,..,— irnr Vint, A.•,...- c—fl WA nai nt., 9-A wAM r...annn C \'.--n n— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1JIa 1.t►KA I IUN l)1• )YIA1IAoi(, ON THIS DAY I CAUSED TO BE DEPOSITED IN THE UNITED STATES MAIL A PROPERLY STAMPED AND yy ADDRESSED ENVELOP: TO.� CONTAINING A ; :;�;:; �>vT ON WHICH THIS DECLAF,^,"` •%: DECu',::°. L.. n_ ^Y UNDER THE LAWS C"' AND THE UNITED ST; : ':.:'.. )i(JG� i:� 'mUE AND CORRECT EX::C�ii:.:::=.i._.`—�' THIS _.+J DAY OF _ 19 SIGNATURE IN THE MUNICIPAL COURT OF THE CITY OF EDMONDS COUNTY OF SNOHOMISH, STATE OF WASHINGTON CITY OF EDMONDS, Plaintiff, ) NO. 46310, 46311 VS. ) COMPLAINT PETER K. MUSLAND, ) Defendant. ) The above -named defendant is hereby accused of grading without a permit and violating two stop work orders issued by the Edmonds Department of Buildings, committed as follows: That the defendant, in the City of Edmonds, Washington, on or about September 27, 1990, and continuing on from that time, - graded the premises at 9510 Forest Dell._ Drive without first obtaining a permit from the Department of Buildings; - violated the first Stop Work Order posted on the above premises on September 271 1990 by continuing to work on the premises without a permit; and violated the second Stop Work Order posted on the above premises on October 10, 1990 by continuing to work on the premises without a permit. Complaint - 1 KCH00956P/0006.168.066 LAW OFFICES OF DEN Center Tower 2100160, Fifth 1601 Fifth Avenue . T Tj�j�T 7X U 1Hl lY Seattle, WeehingtonAX: _I"(l NmILACE (206) 447.7000/ FAX: (206) 447.02I5 (206) 447-0 1 2 3 4 5 6 7 8 9 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Contrary to Edmonds Community Development Code § 19.00.000 and 19.00.010 and against the peace and dignity of the City of Edmonds and the State of Washington. DATED this 30 day of November, 1990. Edmonds City Attorney's Office By: ,8. R;Ck 419 7 89 Kathleen C. Healy WSBA No. 18058 Attorneys for Plaintiff The above -signed prosecutor does certify, under penalty of perjury, that she has reasonable grounds to believe, and does believe, that the defendant committed the offense, contrary to law. Complaint - 2 KCH00956P/0006.168.066 LAW OFFICES OF DEN 2100 Westlake Center Tower 1601 Fifth Avenue \ ,_Seattle, Washington 98101iI686 U rH[ `T ACF 104 MICRO DATA 6LYMPIA(206)459-3300 0 INFRACTION IR CRIMINAL' 0 TRAFFIC., ZNON-TRAFFIC': 0046310 • STATE OF WASHINGTON • COUNTY OF SNOHOMISH PLAINTIFF VS. NAMED DEFENDANT XCITY/TOWN OF EDMONDS IN THE C1 DISTRICT XXMUNICIPAL COURT OF EDMONDS WASHINGTON STATE OF L.E.A. COURT WASHINGTON SNOHOMISH NCIC 1-31-133 COUNTY OF NO. NCIC WA 031021J NO THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON DRIVER'S LICENSE NO. STATE EXPIRES SECURITY NUMBER NAME: LAST.... . .. 'FIRST, INITIAL OINTERPRETER Musland, Peter K NEEDED ADDRESS 0 IF NEW ADDRESS 9510 Forest Dell Drive 0 PASSENGER * CITY STATE I ZIP CODE !EMPLOYER Edmonds WA.,_._98020 I RACE DATE6FEI1RTH__ HEIGHT �HAIR SEX !WEIGHT RE§1_6ENTIAL PHONE NO. M VIOLATION DATE on CPt5NTH DAY YEAR TIME ana ongoi ON OR ABOUT 24 HOUR about_....0 9, _2 T__ 9 0.. _ - - At LOCATION 1 P. CITY/COUNTY OF 9510 Forest IM11 Drive DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND LICENSE NO. STATE :EXPIRES VEH.YR. MAKE MODEL STYLE COLOR #1 LICENSE NO. STATE EXPIRES :TR'.YR..' ;TRAILER .. # - 2 LICENSE N - O.`STATE EXPIRES TR.YR. COMPANY IF OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE ACCIDENT BAC COMMERCIAL DYES HAZARD 0 YES EXEMPT 0 FARM 0 FIRE NO PD I F READING VEHICLE ONO PLACARD ONO VEHICLE 0 R.V. 0 OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES/INFRACTIONS 1. w6CATION/STATUTE CODE DESCRIPTION VEHICLE SPEED IN ZONE ORADAR PA ECDC 19.00.000: O PAIRCRCE AFT an.d19.00.010. Grading without, -"a permit. ------- ... .. ...... VIOLATION/STATUTE CODE ;DESCRIPTION ECDC 19.00.000,Violation of Stop_WqK.k...0rder PENALTY/BAIL 0 r U.S. FUNDS tiandatory ,PPEARANCE MO. DY. YR. A.M. BOOKING DATE NOTICE )ATE I I ITIME DATE I I ISSUED LAWSOF THE WITHOUT ADMITTING HAVING COMMITTED EACH OF I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE '.L'- CAUSE THE ABOVE INFRACTIONS/OFFENSES, I PROMISE TO STATE OF WASHINGTON THAT I HAVE REASONABLE GAOUNDSIPROBABLE CAUSE COMMITTEDTHE RESPOND AS DIRECTED ON THIS NOTICE. TO BELIEVE AND DO BELIEVE THE ABOVE NAMED PERSON COMMITTED THE ABOVE INFRACTIOWS) AND/OR OFFENSE(S) CONTRARY TO LAW OFFICER NUMBER �K. Healy, Asst. City Att tt y Investigation jItoo�aftl kin K*_14e&&t,, . I . . . - DEFENDANT'S SIGNATURE EDMONDS WA INFRACTION COMPLAINT/CITATION PENALTY z w INF 1 RESPONSE DISPOSITION, CRG' PLEA 'CNGFINDING FINE SUSPENDED SUB -TOTAL CD cf : 1 1 C NC ;C NC D P. 1 G NG !G NG D BF:$ :$ $ CD -- --- ------ 2 I C NC 'C NC D P� 2 G NG IG NG DBFf$ 0 CD I I U, s I$ $ CA) ;FINDII`4(3/ -:TO -;WITH DAYS CREDIT FOR ;OTHER :JUDGMENT DATE i SERVE SUSPENDED TIME SERVED COSTS S 'ABSTRACT MAILED NONEXTENSION * LICENSE TOTAL TO OLYMPIA ;OF SUSPENSION SURRENDER DATE CDST WASHINGTON UNIFORM COURT DOCKET -COURT COPY WASHINGTON UNIFORM ABSTRACT OF COURT RECORD - DOL COPY WASHINGTON UNIFORM NOTICE OF INFRACTION -DEFENDANTS COPY WASHINGTON UNIFORM CITATION -DEFENDANTS COPY WASHINGTON UNIFORM OFFICERS REPORT -LEA COPY IU4 MICRO DATA OLYMPIA 1206) 4593300 ❑ INFRACTION (N CRIMINAL; ❑ TRAFFIC .NON -TRAFFIC; 0046311 ❑ STATE OF WASHINGTON ❑ COUNTY OF SNOHOMISH PLAINTIFF VS. NAMED DEFENDANT )3 CITY/TOWN OF EDMONDS IN THE ❑ DISTRICT (2 MUNICIPAL COURT OF EDMONDS WASHINGTON STATE OF L.E.A. COURT WASHINGTON NCIC NC IC co,.TV OF: SNOHOMISH AI0 1-31-133 un WA 031021J THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON DRIVER'S LICENSE NO. :STATE EXPIRES . SOCIAL SECURITY NUMBER i NAME: LAST FIRST_ - INITIAL - _ Musland, Peter �NEEDEDETER K. ADDRESS O IF NEW ADDRESS 9510 Forest Dell Drive 0PASSENGER CITY STATE ZIP CODE :EMPLOYER Edmonds WA 9802.0....s.....-... SEX RACE DATE OF BIRTH HEIGHT WEIGHT EYES HAIR 'RESIDENTIAL PHONE NO. VIOLATION DATEOn OrMONTH DAY YEAR TIME and On Ol 24 HOUR g ON OR ABOUT about 0 AT LOCATION M.P. ITY/COUNTY OF 9510 Forest Dell Drive DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE LICENSE NO. STATE EXPIRES VEH.YR. MAKE MODEL STYLE ,COLOR TRAILER n1 LICENSE NO. STATE EXPIRES 'TR.YR. TRAILER n2 LICENSE NO.'STATE .EXPIRES TR.YR. OWNER/COMPANY IF OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE ACCIDENT SAC COMMERCIAL YES'. HAZARD D YES EXEMPT D FARM O FIRE NO PD I F READING VEHICLE ❑ NO ' PLACARD D NO VEHICLE ❑ R.V. ❑ OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES/INFRACTIONS 1. VIOLATION/STATUTE CODE DESCRIPTION VEHICLE SPEED IN A ZONE ❑RADAR OPAECDC 19.0 0.0 0 0 0AIRCRAFT Violation of Stop.Work Order. 2.VIOLATION/STATUTE CODE DESCRIPTION PENALTY/BAIL U.S. FUNDS andator APPEARANCE MO. DY. YR. TIME A.M. BOOKING DATE NOTICE DATE P.M. DATE ISSUED WITHOUT ADMITTING HAVING COMMITTED EACH OF ; ICERTIFY (OF DECLARE) UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE THE ABOVE INFRACTION$/OFFENSE$, I PROMISE TO STATE OF WASHINGTON THAT I HAVE REASONABLEGROUNDS/PROBABLE CAUSE RESPOND A$ DIRECTED ON THIS NOTICE. TO BELIEVE AND DO BELIEVE THE ABOVE NAMED PERSON COMMITTED THE „ ABOVE INFRACTION(S) AND/OR OFFENSEIS) CONTRARY TO LAW. OFFICER NUMBER K. Healy, Asst..City Atto y X Investigation G•pi(kickAhk ATE PLACE DEFENDANT'S SIGNATURE EDMONDS VK INFRACTION COMPLAINT/CITATION PENALTY rWINF RESPONSE DISPOSITION CRGPLEA ;CNG; FINDING ? FINE `SUSPENDED: SUB -TOTAL O C NC `C NC D P 1 G NG G NG OBF $ :$ $4 C NC 'C NC D Pi 2 G NG 1 !G NG D BFI$ $ E O...... :. _....._....... ..... ..: ........ .... f....._.. ......... _._....._.. .._ _....____........._ _._.__._. ...._ ..._....._. .__.. .. $ W ........ ........ ...... .: __... ......_.. _......Z -.. 04 `FINDING%� � � � �� - �� TO � :WITH DAYS CREDIT FOR ";OTHER� ) �- JUDGMENT DATE '.SERVE SUSPENDEDTIME SERVED :COSTS S F a ABSTRACT MAILED RECOMMENDED NONEXTENSION TO OLYMPIA OF SUSPENSION :SURRENDER DATE COST. E WASHINGTON UNIFORM COURT DOCKET -COURT COPY WASHINGTON UNIFORM ABSTRACT OF COURT RECORD - DOL COPY WASHINGTON UNIFORM NOT -ICE QF INFRACTION-DJEFENDANTS COPY WASHINGTON UNIFORM CITATION -DEFENDANTS COPY WASHINGTON UNIFORM OFFICERS REPORT -LEA COPY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE MUNICIPAL COURT OF THE CITY OF EDMONDS COUNTY SNOHOMISH, STATE OF WASHINGTON CITY OF EDMONDS, ) Plaintiff, ) VS. ) NOTICE OF APPEARANCE PETER K. MUSLAND, ) ) Defendant. ) TO: CITY OF EDMONDS, Plaintiff AND TO: KATHLEEN C. HEALY, its Attorney YOU, AND EACH OF YOU, will please take notice that the appearance of TERRENCE J. CULLEN as counsel for Defendant PETER K, MUSLAND is hereby entered in the above entitled action through the undersigned attorney. You are hereby directed to serve all future pleadings or papers, except process upon said attorneys at their office below stated. DATED this day of December, 1990. JULIN, FOSSO, SAGE, McBRIDE & MASON NOTICE OF APPEARANCE - 1 ERRENCE J. WSBA 12554 Attorney for Defendant JULIN. FOSSO, SAGE. McBRIDE a MASON 1001 FOURTH AVENUE PLAZA SUITE 3900 SEATTLE, WASHINGTON 98184.1084 FAX: (206) 622.3761 TELE: (206) 622.3720 9AU DEN - HY DACE A T January 16, 1991 TORNEYS AT L A W Seattle Office: 2100 Westlake Center Tower 1601 Fifth Avenue Seattle, WA 98101-1686 (206)447-7000 FAX: (206) 447-0215 Mr. David A. Steiner Attorney at Law 800 Bellevue Way N.E. Suite 300 Bellevue Place Bellevue, WA 98004 Re: City of Edmonds v. Musland Dear David: John D. Wallace R. Miller Adams Douglas E. Albright Carol D. Bernasconi Lee Corkrum Rosemary P. Bordlemay Wayne D. Tanaka Robert T. Dollinger Larry C. Martin David A. Ellenhorn Robert G. Andre Kathleen C. Healy Michael G. Wickstead William F. Joyce Robert A Kiesz Deanne C. Kopkas Steven A. Reisler Kent C. Meyer W. Scott Snyder Chun Yuri Peng Christopher A. Washington Theresa A. Rozzano James E. Haney Thomas W. Sexton Q1 Phillip C. Raymond Gil Sparks Karen Sutherland Counsel to the Firm Cletus M. Weber John J. O'Donnell Karen M. Wiggum Charles D. Zimmerman Of Counsel James A. Murphy Raymond D. Ogden, Jr. *Admitted D.C. & Kansas Bars Only Terry Cullen represents Mr. Musland in this matter. Mr. Cullen and I have been attempting to reach a disposition of this case, and I believe we are near_ to reaching an agreement. Mr. Musland's pretrial hearing is scheduled for January 281 1991. Mr. Cullen will be in federal court on that date. I told Mr. Cullen that the City would agree to continue the pretrial to the scheduled trial date, and Mr. Musland will send a speedy trial waiver to the court. I believe that we will have an agreed disposition to present to the court at that time. Please call me if you have any questions or concerns regarding this matter. Very truly yours, OGDEN MZRPHyrWALLACE thleen C. Healy KCH:imm cc: Terry Cullen KCH00983L/0006.050.130 Wenatchee Office: 1 South Chelan Street, P. 0. Box 1606. Wenatchee. W'.4 98807. (509) 662-1954. FAX: (509) 663-1553 JULIN, FOSSO, SAGE, McBRIDE & MASON ATTORNEYS AT LAW AXEL C.JULIN (1980) HAROLD C.FOSSO EUGENE H. SAGE (1983) JAMES D. McBRIDE LAURENCE E.MASON M. KATHRINE JULIN GEORGE A.TRICHAK GEORGE W. McLEAN, JR.- -ALSO ADMITTED IN OREGON AND CALIFORNIA 1001 FOURTH AVENUE PLAZA SUITE 3900 SEATTLE, WASHINGTON 98154-1084 FAX: (206) 622-3761 (206) 622-3720 January 18, 1991 Mr. David A. Steiner Attorney at Law 800 Bellevue Way Northeast Suite 300 Bellevue Place Bellevue, Washington 98004 RE: City of Edmonds v. Peter Musland Dear Mr. Steiner: KARIEN L.BALLUFF.i• M.COLLEEN BARRETT CARMEN DELGADO BRIGGS**** TERRENCE J. CULLEN •+ BRIAN J. DORSEY WILLIAM F. KNOWLES DANIEL B. POPE ANTHONY J. VIOLAK*• **ALSO ADMITTED IN ILLINOIS -*ALSO ADMITTED IN CALIFORNIA -ALSO ADMITTED IN NEW YORN I am the attorney representing Peter Musland in this matter. I have had numerous discussions with Katie Healey regarding an appropriate disposition of this case. Ms. Healey has proposed a plea agreement in this case which would obviate the necessity of a trial. We need to discuss this matter further with Edmonds' Building Department officials before we respond. hopeful of resolving this matter as expeditiously as possible. Due to a scheduled pretrial conference in U.S. District Court for the Eastern District of Washington, I will be unable to attend the January 28, 1991 pretrial conference in this case, and Ms. Healey has agreed to continue that pretrial hearing. It is my understanding that the pretrial conference will now take place on the previously scheduled trial date, February 27, 1991, and that we will receive a new trial date at some point in the future. My client is in the process of executing the speedy trial waiver and we will immediately file that waiver with the court. Thank you for your cooperation and understanding. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, ours,- Terrence J. Cullen TJC:dm cc: Mr. Peter Musland JULIN, FOSSO, SAGE, McBRIDE & MASON ATTORNEYS AT LAW AXEL C.JUUN (1980) HAROLD C.FOSSO EUGENE H. SAGE (1983) JAMES D. MCBRIDE LAURENCE E.MASON M. KATHRINE JULIN GEORGE A.TRICHAK GEORGE W. MCLEAN, JR.- .ALSO ADMITTED IN OREGON AND CAUFORNIA 1001 FOURTH AVENUE PLAZA SUITE 3900 SEATTLE,WASHINGTON 98154-1084 FAX: (206) 622-3761 (206) 622-3720 March 21, 1991 EDMONDS MUNICIPAL COURT Library Plaza 650 Main Edmonds, Washington 98020 Attention: Diane, Clerk of Court RE: City of Edmonds v. Peter K. Musland Case No. 46310 46311 Dear Diane: Enclosed please find the originals and two the following: 1. Note for Motion Calendar; 2. Motion for Bill of Particulars; 3. Declaration of.Terrence J. Cullen; 4. Defendant's Demand for Disclosure; 5. Proposed Order Granting Motion for Bill of Particulars. KARIEN L.BALLUFF--• M.COLLEEN BARRETT CARMEN DELGADO BRIGGS---- TERRENCE J.CULLEN-• BRIAN J. DORSEY WILLIAM F. KNOWLES DANIEL B. POPE ANTHONY J. VIOLAK-- "ALSO ADMITTED IN ILUNOIS "-ALSO ADMITTED IN CAUFORNIA ""ALSO ADMITTED IN NEW YORK (2) copies of Please file the original documents. Please copy receive one (1) set of the documents and return them to?this office. A stamped self-addressed envelope has been provided for your convenience. A courtesy copy has been provided for the Court. Thank you for your continued cooperation and assistance in this matter. Very truly yours, TJC:dm Enclosures cc: Mr. David A. Steiner (with enclosures) IN THE MUNICIPAL COURT OF THE CITY OF EDMONDS SNOHOMISH COUNTY, STATE OF WASHINGTON CITY OF EDMONDS, Plaintiff, ) VS. ) PETER K. MUSLAND, ) ) Defendant. )� NO. 46310; 46311 NOTE FOR MOTION CALENDAR (Clerk's Action Required) TO: THE CLERK OF THE COURT; and to all other parties per list on Page 2: PLEASE TAKE NOTE that an issue of law in this case will be heard on the date below and the clerk is directed to note this issue on the appropriate calendar. CALENDAR DATE: April 8, 1991 DAY OF WEEK: Monday NATURE OF MOTION: Motion for Bill of Particulars DESIGNATED CALENDAR [ ] Civil Motion (LR 0.7) (9:00) [ ] Summary Judgment (LR 56) [ ] Supplemental Proceeding (LR 69) [ ] Presiding Judge (Trial Date Motions Only) Time of Hearing: 10:30 a.m. JULIN, FOSSO, SAGE, McBRIDE & MASON Dated: ERRENC WSBA 12554 Attorney for Defen ant Musland MR. DAVID STEINER Attorney at Law 800 Bellevue Way Northeast Suite 300 Bellevue Place Bellevue, Washington 98004 Edmonds City Prosecutor NOTE FOR MOTION CALENDAR - 1 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE MUNICIPAL COURT OF THE CITY OF EDMONDS SNOHOMISH COUNTY, STATE OF WASHINGTON CITY OF EDMONDS, Plaintiff, VS. PETER K. MUSLAND, Defendant. NO. 46310; 46311 MOTION FOR BILL OF PARTICULARS COMES NOW the Defendant, PETER K. MUSLAND, by and through his attorneys of record, Julin, Fosso, Sage, McBride & Mason, and hereby moves this Honorable Court for an order requiring the Plaintiff to make the charges against the Defendant more definite and certain by indicating the specific date and time of each of the alleged offenses, the name of the complainant, or other witnesses, and the means and manner in which the Defendant allegedly committed each offense, and in support of said motion, attaches the Declaration of Terrence J. Cullen. DATED this _2&1- day of , 1991. JULIN, FOSSO, SAGE, McBRIDE & MASON By. •TERRENCE J. WSBN 12554 Attorney for Defendant Musland MOTION FOR BILL OF PARTICULARS - 1 JULIN. FOSSO. SAGE. McBRIDE a MASON 1001 FOURTH AVENUE PLAZA SUITE 3900 SEATTLE, WASHINGTON 98184.1084 FAX: (206) 622.3761 TELE: (206) 622-3720 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 IN THE MUNICIPAL COURT OF THE CITY OF EDMONDS SNOHOMISH COUNTY, STATE OF WASHINGTON CITY OF EDMONDS, ) Plaintiff, ) NO. 46310; 46311 VS. ) DECLARATION OF TERRENCE J. CULLEN PETER K. MUSLAND, ) IN SUPPORT OF MOTION FOR BILL OF PARTICULARS Defendant. ) TERRENCE J. CULLEN declares and states as follows: 1. I am the attorney of record for the Defendant, Peter K. Musland, and I make this declaration on personal knowledge. 2. The written complaint in this case does not allege the nature and extent of the crime of which the Defendant is accused. The written complaint fails to contain sufficient information to enable the Defendant to properly prepare his defense. Specifically, the complaint in this case does not contain a specific date as to when the alleged crimes were committed, nor does the complaint allege the means and manner in which the Defendant allegedly committed the crimes. In particular, the complaint alleges that the Defendant violated stop work orders by "continuing to work". There is no further description of the nature of the allegedly criminal work DECLARATION OF TERRENCE J. CULLEN - 1 JULIN. FOSSO. SAGE. McBRIDE a MASON 1001 FOURTH AVENUE PLAZA SUITE 9900 SEATTLE, WASHINGTON 98154.1084 FAX: (206) 622.3761 TELE: (206) 622.3720 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 performed by the Defendant. 3. The above information is necessary for the Defendant to prepare and present his defense at trial. 4. I declare under penalty of perjury under the laws of the State of Washington that the above statements are true and correct. DATED this aL±r- day of , 1991, at Seattle, Washington. " DECLARATION OF TERRENCE J. CULLEN - 2 JULIN. FOSSO. SAGE. McBRIDE a MASON 1001 FOURTH AVENUE PLAZA SUITE 5800 SEATTLE, WASHINGTON 98154.1084 FAX: (206) 622.3761 TELE:(206) 622.3720 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE MUNICIPAL COURT OF THE CITY OF EDMONDS COUNTY SNOHOMISH, STATE OF WASHINGTON CITY OF EDMONDS, ), Plaintiff, ) NO. 46310; 46311 VS. ) DEFENDANT'S DEMAND FOR DISCLOSURE PETER K. MUSLAND, ) ) Defendant. ) COMES NOW the Defendant, by and through his attorneys of record, Julin, Fosso, Sage, McBride & Mason, and hereby demands that the prosecution disclose the following information to the Defendant: 1. The names and addresses of persons whom the Prosecutor intends to calls as witnesses at trial, together with any written or recorded statements, and the substance of any oral statements of such witnesses; 2. Any written or recorded statements and the substance of any oral statements made by the Defendant; 3. Any reports or statements of experts made in connection with this case; 4. Any books, papers, documents, photographs, or tangible objects which the prosecutor intends to use in the trial of this case; DEFENDANT'S DEMAND FOR DISCLOSURE — 1 ULIN. FOSSO, SAGE. McBRIDE a MASON 1001 FOURTH AVENUE PLAZA SUITE 9900 SEATTLE. WASHINGTON 98154.1084 i (/ � � %�•', � ' _, �,:��;�.�` � FAX: (208) 822.9781 TELE: (206) 622.3720 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18i 19 20 21 22 23 24 25 26 5. The identity of any experts witnesses whom the Prosecutor will call at the trial of this case, their professional background and work history, the subject of their testimony, and any reports relating to the subject of their testimony, and that they have submitted to the Prosecutor; 6. The identity of the complaining witness(es) in this case; 7. The relationship, if any, of the following specified persons to the prosecution of this case: a. Mary Lou Block; w �� G-e- b. Roger Hertrich; 44 c. John Bissell. DATED this 2irday of , 1991. JULIN, FOSSO, SAGE, MCBRIDE & MASON By: TERRENCE J. WSBN 12554 Attorney for Defen ant DEFENDANT'S DEMAND FOR DISCLOSURE - 2ULIN. FOSSO. SAGE. MCBRIDE & MASON 1001 FOURTH AVENUE PLAZA SUITE 3900 SEATTLE, WASHINGTON 98184-1084 FAX: (206)822-9761 TELE: (206) 622.3720 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE MUNICIPAL COURT OF THE CITY OF EDMONDS SNOHOMISH COUNTY, STATE OF WASHINGTON CITY OF EDMONDS, ) ) Plaintiff, ) NO. 46310; 46311 vs. PETER K. MUSLAND, Defendant. ORDER GRANTING DEFENDANT'S MOTION FOR BILL OF PARTICULARS THIS MATTER having come on duly and regularly before the undersigned Judge of the above -entitled Court upon Defendant PETER K. MUSLAND's Motion for Bill of Particulars, the Court having reviewed said motion and Declaration of Terrence J. Cullen, the Court further having reviewed the matters submitted in opposition to said motion, and being otherwise fully advised of the premises, it is hereby ORDERED, ADJUDGED, AND DECREED that the Defendant's Motion for Bill of .Particulars is hereby granted and the Plaintiff shall provide the Defendant with the requested bill of particulars within twenty-one (21) days. DONE IN OPEN COURT this i day of , 1991. JUDGE/COURT COMMISSIONER ORDER GRANTING DEFENDANT'S MOTION FOR BILL OF PARTICULARS - 1 JULIN, FOSSO, SAGE, McBRIDE a MASON 1001 FOURTH AVENUE PLAZA SUITE 9900 SEATTLE, WASHINGTON 98184.1084 FAX:(206) 622.3761 .... ,,, TELE: (206) 622-9720 E JULIN, FOSSO, SAGE, McBRIDE & MASON ATTORNEYS AT LAW AXEL C.JUUN (1980) HAROLD C.FOSSO EUGENE H. SAGE (1983) JAMES D. McBRIDE LAURENCE E.MASON M.KATHRINE JULIN GEORGE A.TRICHAK GEORGE W.McLEAN,JR.- -ALSO ADMITTED IN OREDON AND CAUFORNIA 1001 FOURTH AVENUE PLAZA SUITE 3900 SEATTLE, WASHINGTON 98154-1084 FAX: (206) 622-3761 (206) 622-3720 April 24, 1991 Ms. Kathleen C. Healey OGDEN MURPHY WALI,A.CE 1601 Fifth Avenue Suite 2100 Seattle, Washington 98101 RE: City of Edmonds v. Peter Musland Dear Ms. Healey: KARIEN L.BALLUFF--. M.COLLEEN BARRETT TERRENCE J. CULLEN** BRIAN J.DORSEY ANTHONY J. VIOLAK-- «ALSO ADMITTED IN ILUNOIS *"ALSO ADMITTED IN CAUFORNIA On April 8, 1991, a pretrial conference was held in this case. At that Pretrial Conference, I represented to Mr. Steiner and the Judge that you had promised to provide me with the requested Bill of Particulars. I did not have the Court enter a specific deadline for that discovery, because I assumed that' it would be forthcoming in the near future, as you had advised me weeks before the Pretrial Conference. To date, I have received no response regarding that Bill of Particulars. Please advise me as soon as possible regarding the status of the City's response to my request for a Bill of Particulars. I assume it will not be necessary for me to return to Court to pursue this matter further. Very truly yours, Terrence J. TJC:dm cc: Mr. David Steiner CITY OF EDMONDS OFFICE OF THE CITY ATTORNEY 447-7000 FAX: 447-2015 890.199_ May 1, 1991 Terrence J. Cullen Julin, Fosso, Sage McBride & Mason 1001 Fourth Avenue Plaza, Suite 3900 Seattle, WA 98154-1084 Dear Mr. Cullen: LARRY S. NAUGHTEN MAYOR Enclosed please find the requested Bill of Particulars. Below I have listed the identity of the witnesses that will be called by the City as well as a summary of their testimony. 1. Mary Lou Block - former Planning Manager, now with the City of Everett. She has no personal knowledge of the facts of this case and was copied with correspondence merely for information purposes. 2. Roger Hertrich - Council member. He has no personal knowledge of the facts of this case and was copied with correspondence merely for information purposes. 3. John Bissell - Code Enforcement Technician, will be a witness. He will testify to inspection and conditions of the property after the incidents. He will also testify to the violation of the stop work order. He will testify to the environmental sensitivity of the area, the status of the issuance or lack thereof of permits, and to correspondence with the individuals. 4. Dick Mumma - Building Official, will be a witness. He will also testify to inspections and conditions of the property after the incidents, as well as to topographical maps, etc. depicting the area before the incidents. He will also testify to the environmental sensitivity of the area, the status of the issuance or lack thereof of permits, and to the issuance of the stop work orders. 5. Jerry Saterlie - Building Inspector, will be a witness. He will testify to the delivery of stop work orders, the 2100 Westlake Center Tower, 1601 Fifth Avenue, Seattle, WA 98101-1686 • Incorporated August 11. 1890 • Terrence J. Cullen May 1, 1991 Page 2 conditions of the property, and any other correspondence with the defendants in this case. 6. Jim Walker - Hydraulics Engineer, P.E., is a potential witness. He will testify as to the potential violations and runoff of debris, etc., absence of fabric fence, failure to maintain hay bale wall, etc. as to the contamination of the stream. Please let me know if I can assist you in any .further discovery requests. Very truly yours, OGDEN HY WAL CE Kathleen C. HealyG�� KCH/klt Enclosure i/ cc: David Steiner KCH01176L/0006.168.066 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1R 19 20 21 22 23 24 25 26 IN THE MUNICIPAL COURT OF THE CITY OF EDMONDS SNOHOMISH COUNTY, STATE OF WASHINGTON CITY OF EDMONDS, VS. PETER K. MUSLAND, Plaintiff, Defendant. NO. 46310, 46311 BILL OF PARTICULARS COMES NOW the plaintiff, the City of Edmonds, and in response to defendant's request for a bill of particulars, states as follows: 1. Violations Charged: 1 count of grading without a permit and two counts of violation of a stop work order. 2. Dates of Violations: The violation of the grading without a permit occurred on or before September 27, 1990. The first violation of a stop work order occurred on or about September-27, 1990; the second violation of the stop work order occurred on or about October 10, 1990. 3. Statute/ordinance: Edmonds Community Development Code 19.00.000 and 19.00.080, adopting the Uniform Building Code, 1988 edition. See specifically U.B.C. Section 202 and Chapter 70 of the Appendix (1988). Bill of Particulars - 1 KCH01176P/0006.168.066 LAW OFFICES OF 21001601 lakeFift Center Tower?DEN Fifth Avenuea-(\LFSeattle,Washington98101.1686,T 7'�T1601 f2061 4d7F000 / FeY ronc� ee 7.nn�q .A(�F. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. Place of Violation: 9510 Forest Bell Drive, Edmonds, Washington. 5. Acts Alleged to Constitute Violations: On or before September 27, 1990, at the place listed above, defendant graded the property indicated above without first obtaining a grading permit from the building official. The first stop work order was issued on September 27, 1990, and provided in writing an order that the work on the property be stopped. The defendant continued to work on the property in violation of a stop work order and without authorization by the building official to proceed with the work. On October 10, 1990, a second stop work order was issued and posted and again provided in writing an order that the work on the property be stopped. Again, the defendant continued to work on the property in violation of the second stop work order and without authorization by the building official to proceed with the work. "-- DATED this day of May, 1991. OGDEN MURPHY WALLAC By: athleen C. Hdlaly WSBA No. 18058 Attorneys for Plaintiff Bill of Particulars - 2 KCH01176P/0006.168.066 LAW OFFICES OF EN 2100 Westlake Center Tower 1601 Fifth Avenue j'�T n 1Y tT Seattle, Seattle, Washington98101-1686AC�F r2nfl1 bd7-7nnn 1 PAV. ronal id^-n'1�5 JULIN, FOSSO, SAGE, McBRIDE & MASON ATTORNEYS AT LAW AXEL C.JUUN (1980) HAROLD C.FOSSO EUGENE H. SAGE (1983) JAMES D. McBRIDE LAURENCE E.MASON M. KATHRINE JULIN GEORGE A.TRICHAK GEORGE W. MCLEAN, JR.- •ALSO ADMITTED IN OREGON AND CALIFORNIA 1001 FOURTH AVENUE PLAZA SUITE 3900 SEATTLE, WASHINGTON 98154-1084 FAX: (206) 622-3761 (206) 622-3720 May 6, 1991 Ms. Kathleen C. Healey OGDEEI MURPHY WTIA LLACE 1601 Fifth Avenue Suite 2100 Seattle, Washington 98101 RE: City of Edmonds v. Peter K. Musland Dear Ms. Healey: KARIEN L.BALLUFF... M.COLLEEN BARRETT TERRENCE J. CULLEN �• BRIAN J.DORSEY ANTHONY J. VIDLAK** ..ALSO ADMITTED IN ILLINOIS •..ALSO ADMITTED IN CALIFORNIA I am in receipt of your May 1, 1991 letter outlining the identity of the witnesses, as well as a summary of their testimony. Thank you for providing me with that list. One omission appears to be the name of any complaining witness, and I would appreciate receiving the identity of that individual, if there is such a person. I am also in receipt of your Bill of Particulars dated May 1, 1991. Unfortunately, your Bill of Particulars does nothing more than restate the allegations of the complaint which you filed initiating this case. We asked you for a Bill of Particulars because the complaint was vague as to when the criminal conduct allegedly occurred and in what manner the criminal conduct allegedly occurred. Your Bill of Particulars does not-hing to shed L ight on those issues. For example, you allege that we violated the first stop work order "on or about" September 27, 1990. Since this first stop work order was only issued on September 27, 1990, we would like to know whether you are claiming that we violated the stop work order on that day, or on September 28, 1990 or September 29, 1990, or on any other day. The same applies for the second stop work order and the' allegations pertaining to that alleged violation. We would further like to know exactly what work you are Ms. Kathleen Healey City of Edmonds v. Musland May 6, 1991 Page 2 claiming we did to violate the stop work orders. Your Bill of Particulars merely states that, "the defendant continued to work on the property". We believe we are entitled to know what you are claiming we did in terms of "work". We believe we are entitled to all of the above requests, as well as a statement of a particular date on which we allegedly committed these crimes. Please advise us if you are willing to provide us with an amender? Fill of � T P Particulars. �f not., we will seek appropriate relief from the Court. Thank you for your cooperation and attention in this matter. If you should have any questions, please do not hesitate to contact me. Very truly yours, TJC:dm CITY OF EDMONDS 250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-3202 COMMUNITY SERVICES: Public Works • Planning • Parks and Recreation • Engineering 89p 19" LETTER OF TRANSMITTAL DATE: 0113119/ TO. SUBJECT: TRANSMITTING: G �slD r�r1f all FOR YOUR INFORMATION: AS YOU REQUESTED: REVIEW AND COMMENT: FOR STRUCTURAL PLAN CHECK: FOR NON-STRUCTURAL PLAN CHECK: FOR CORRECTION AND RESUBMITTAL: RESPOND TO LETTER IN WRITING: RESUBMIT 2 REVISED DRAWINGS: SEND COMMENTS DIRECTLY TO BUILDING DIVISION: COMMENTS: BUILDING DIVISION J ��r�✓E 64q,.- CITY OFFICIAL LARRY S. NAUGHTEN MAYOR PETER E. HAHN DIRECTOR • Incorporated August 11, 1890 • M E M O R A N D U M DATE: June 13, 1991 TO: Dick Mumma, Building Official FROM: Jeannine L. Graf, Building Inspector SUBJECT: Musland Chronology City site inspection on 9/27/90 at 1430 Olympic View Drive revealed partial construction of a retaining wall, the inspector posted a correction of violation. The inspector also noted extensive grading being done on a large parcel of undeveloped property directly to the east, (City issues the address of 9510 Forest Dell Drive on this site.) The inspector posts a stop work order dated 9/27/90 for the grading work. The owner has 10 days to respond to the City by filing for all applicable permits for both sites. Research of County records reveals that Peter Musland owns both properties. On 10/02/90 Daryl of Retaining Wall Systems, acting as a representative of Mr. Musland applies for a retaining wall permit for 1430 Olympic View Drive. On 10/05/90 the City Building Official makes a site inspection on the site to determine the scope of the work for the retaining wall and the grading work done on the adjacent property. On 10/9/90 the Building Official sends a certified letter to Mr. Musland, (received by him on 10/15/90) outlining what steps must be taken to resolve the violation by 10/19/90. On or about 10/10/90 the City is notified that the original stop work sign has been removed, a new Stop Work Order is posted 10/11/90. On 10/11/90 the City Building Inspector receives a phone call from Mr. Musland accusing the City of harassment. The building inspector approximately two weeks prior had given Mr. Musland permit applications. Mr. Musland told the inspector that he did not want any other City officials on his property. On 10/12/90 the Building Division issues the permit for the retaining wall at 1430 Olympic View Drive. The deadline of 10/19/90 passes with no permit application being filed for the grading work done at 9510 Forest Dell Drive. On 12/17/90 the Building Offical receives a phone call from Terry Collins identifying himself as the attorney for Mr. Musland. He wanted information on what was needed to bring Mr. Musland into compliance. An Earth Subsidence Packet was mailed to his law office. JULIN, FOSSO, SAGE, McBRIDE & MASON ATTORNEYS AT LAW AXEL C.JULIN (1980) HAROLD C.FOSSO EUGENE H. SAGE (1983) JAMES D. MCBRIDE LAURENCE E.MASON M.KATHRINE JULIN GEORGE A.TRICHAK GEORGE W. MCLEAN, JR.* *ALSO ADMITTED IN OREGON AND CALIFORNIA 1001 FOURTH AVENUE PLAZA SUITE 3900 SEATTLE, WASHINGTON 98154-1084 FAX: (206) 622-3761 (206) 622-3720 June 17, 1991 Mr. David A. Steiner Attorney at Law 800 Bellevue Way Northeast Suite 300 Bellevue Place Bellevue, Washington 98004 RE: City of Edmonds v. Peter Musland Dear Mr. Steiner: KARIEN L.BALLUFF*** M.COLLEEN BARRETT TERRENCE J. CULLEN** BRIAN J.DORSEY ANTHONY J.VIDLAK** **ALSO ADMITTED IN ILLINOIS ***ALSO ADMITTED IN CALIFORNIA This will confirm our telephone conversation of June 12, 1991, in which we discussed whether the City would be providing a further response to the Defendant's request for Bill of Particulars. It is my understanding you have agreed to write a letter to the appropriate City employee, requesting them to outline the facts of their investigation, including the dates of their visits to the Musland property. You will then provide me with a copy of their written response or provide me with a further response to our request for a Bill of Particulars. Please advise me as soon as possible if the above does not accurately describe our agreement. Thank you for your cooperation and attention to this matter. Very truly yours, Terrence J. Cul TJC:dm �ULIN, FOSSO, SAGE, McBRIDE & MASON ATTORNEYS AT LAW AXEL C.JULIN(198C: 1001 FOURTH AVENUE PLAZA M..CCLLEEN BARRETT H.AROLD C. FOSSO SUITE 3900 TERRENCE .;. CULLEN. EUGENE H. SAGE 11983) 6RUCE C. REDMAN jAMESD MCCR;CE SEATTLE,WASHINGTON 98154-1084 AN714ONYi-VIDLAf.•1 LAURENCE E MASON ' M. KATHRINE JULIN FAX: (20 e) 622-3761 3ECRGE A TR!CHAt( GEO= GE W. MCLEAN. JR.• (206) 622- 3720 .ALSO ADMITTED N OREGVY AND CAUFCRNIA . August 28, 1991 Mr. Richard Mumma City of Edmonds Community Services Department Building Division 250 Fifth Avenue North Edmonds, Washington 93020 RE: Edmonds v. Peter Musland Grading Violation Permit at 9510 Forest Dell Drive Lot East of,1430 Olympic Dear Mr. Mumma: The Edmonds City Prosecutor, David Steiner, has authorized me to speak directly with you and your staff regarding an appropriate resolution of this matter. The sole remaining charge in this case is the Grading Permit Violation. In reviewing the circumstances of this matter, I have concluded that it might be beneficial for you and your staff to personally visit Mr. Musland's property and review the condition of that property. I would be happy to arrange such a visit and meet with you at Mr. Musland's property. If you and your staff would like to visit Mr. Musland's property, and if you feel that such a visit might help us resolve L • enient time this case, please advise me aiid i Wili schedule a CO,^:J for all parties. I will attempt to contact you in the next few days to discuss this matter with you. In the meantime, if you have any questions, please do not hesitate to contact me. Very truly yours, Terrence J��n TJC:dm cc: . Mr. David Steiner JULIN, FOSSO, SAGE, McBRIDE & MASON ATTORNEYS AT LAW AXEL C.JULIN (1980) 1001 FOURTH AVENUE PLAZA HAROLD C. FOSSO SUITE 3900 EUGENE H. SAGE(1983) JAMES D.McBRIDE SEATTLE, WASHINGTON 98154-1084 LAURENCE E.MASON M. KATHRINE JULIN FAX: (206) 622-3761 GEORGE A.TRICHAK GEORGE W. McLEAN,JR.• (206) 622-3720 -ALSO ADMITTED IN OREGON AND CALIFORNIA December 31, 1991 Mr. David A. Steiner Attorney at Law 800 Bellevue Way Northeast Suite 300 Bellevue Place Bellevue, Washington 98004 RE: City of Edmonds v. Peter Musland Dear Mr. Steiner: M.COLLEEN BARRETT TERRENCE J.CULLEN** BRUCE C. REDMAN ANTHONY J. VIDLAK*s **ALSO ADMITTED IN ILLINOIS This will confirm our telephone conversation last week in which we reached an agreement regarding disposition of this case. We have agreed to a stipulated continuance of this case for one (1) year, on the conditions that Mr. Musland make application for a grading permit and that he comply with the Edmonds City code provisions prohibiting grading without a permit. An additional condition of this stipulated continuance is that Mr. Musland pay the court costs as set by the judge. The Edmonds Court Clerk has set Mr. Musland's case for a disposition hearing on Monday, January 13, 1992, at 10:00 a.m. We will enter the stipulated continuance at that time. Thank you for your continued cooperation and assistance in resolving this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, Terrence ullen TJC:dm JULIN, FOSSO, SAGE, McBRIDE & MASON ATTORNEYS AT LAW AXEL C.JULIN(1980) 1001 FOURTH AVENUE PLAZA M.COLLEEN BARRETT HAROLD C.FOSSO SUITE 3900 TERRENCE J.CULLEN*$ EUGENE H. SAGE (1983) BRUCE C. REDMAN JAMES D. MCBRIDE SEATTLE, WASHINGTON 981S4-1084 ANTHONY J. VIOLAK �• LAURENCE E.MASON M.KATH RINE JU LIN FAX:(206) 622-3761 ..ALSO ADMITTED IN ILLINOIS GEORGE A.TRICHAK GEORGE W.MCLEAN,JR.• (206) 622-3720 -ALSO ADMITTED IN OREGON AND CAUFORNIA January 16, 1992 Mr. Richard Mumma CITY OF EDMONDS Community Services Department Building Division 250 Fifth Avenue North Edmonds, Washington 98020 RE: Edmonds v. Peter Musland Grading Violation Permit at 9510 Forest Dell Drive Lot East of 1430 Olympic Dear Mr. Mumma: The Edmonds City Prosecutor, David Steiner, has previously authorized me to speak directly with you and your staff regarding this matter. The sole remaining charge in this case is the Grading Permit Violation. In August, 1991, I wrote to you and asked you to consider a personal visit by you and your staff to Mr. Musland's property to review the condition of that property. I am at this time again asking you to consider meeting with us at Mr. Musland's property. We have attempted to resolve this matter with the Prosecutor by way of a plea agreement. The parties had initially agreed to have the trial of this case continued for one (1) year on the conditions that Mr. Musland apply for the grading permit, have no violations of the Edmonds Building Code, and pay the court costs. Since the Prosecutor demanded that we, in effect, plead guilty to the grading permit violation if we were to fail to comply with all the above conditions, we were unable to complete that plea agreement. Mr. Musland is still willing to apply for a grading permit, and we are still hopeful that this matter can be resolved short of a trial. If you and your staff would like to visit Mr. Musland's property and if you feel that such a visit might help us resolve Mr. David Mumma January 16, 1992 Page 2 this case, please advise me and I will schedule a convenient time for all the parties to meet at Mr. Musland's property. I will be contacting you in the next few days to determine your willingness to address this matter in this manner. In the meantime, if you have any questions, please do not hesitate to contact me. Very truly yours, Terrence J. Cullen TJC:dm cc: Mr. David Steiner bcc: Mr. Peter Musland 1 2 3 4 5 6 7 8 9" 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 CERTIFlC•^,TE OF c�_r.1!!CF BY MAIL The undersiVzd „•rtir;es un!er ne ` State o1 wz:shinCton that I ma. J by laws of the class postage pre;�aid, a ca of this "- .• trd es moil. first "/ coc_:n•_n; tO 0 counsel of retard an IN THE MUNICIPAL COURT OF THE CITY OF EDMONDS SNOHOMISH COUNTY, WASHINGTON THE CITY OF EDMONDS, Plaintiff, VS. PETER MUSLAND, Defendant. TO: THE ABOVE NAMES PARTIES; AND TO: THEIR COUNSEL OF RECORD; AND TO: THE CLERK OF THE COURT NO. 46310 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF ATTORNEYS (Clerk's Action Reauired: Substitute Attorneys of Record for Defendant Musland) YOU ARE HEREBY NOTIFIED of a substitution of attorneys for Defendant Peter Musland in the above entitled action. Effective immediately, JULIN, FOSSO, SAGE, McBRIDE & MASON will withdraw as attorneys for defendant Musland and BRADBURY, BLISS & RIORDAN, by Terrence J. Cullen, will substitute as attorneys of record. NOTICE OF WITHDRAWAL AND SUBSTITUTION OF ATTORNEYS - 1 BRADBURY, BLISS & RIORDAN 5150 COLUMBIA CENTER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 All future service of documents except original process, may be made upon BRADBURY, BLISS & RIORDAN at the address below. DATED this '� day of March, 1992. WITHDRAWING ATTORNEYS SUBSTITUTING ATTORNEYS JULIN, FOSSO, SAGE, McBRIDE BRADBURY, BLISS & RIORDAN & MASON by M. Colleen Barrett WSBA #12578 VC63ss.ple NOTICE OF WITHDRAWAL AND SUBSTITUTION OF ATTORNEYS - 2 !J7 Terrence J.� WSBA #12554 5150 Columbia Center 701 5th Avenue . Seattle, WA 98104-7010 (206) 622-3790 0 BRADBURY, BLISS & RIORDAN 5150 COLUMBIA CENTER 07/22/92 09:23 FAX 206 343 9529 TERRENCE1 CULLEN via 'Fahsimile BLISS RIORDAN 1 . BLISS RIORDAN j LAWYERS 5150 COLLii 3A CENT" 701 FIFTH AVENUE ' SEATTLE. r/,ogH1NGTON gg10a.7010 (Z0) 622.3790 - TELEX 15.2193 FACSu��Il�Iy'a3-9329; I F I { July 21�, ;1992 i i I Mx. David A. Steiner j Edmonds City'Frosecutor Q002/002 800 Bellevue. Way., N.E. Suite 300�Bellevue Place Bellevue, -WA -98004 Re: City of Edmonds v� Pester Musland Dear'Mr- Steiner: have not et.My review. of my file inclica�teslijo at provide me withythecwrptted with your agreement in June; 19 P employees- As you will. factual outlines by the various city eed to recall' in a telephone convgrsition.on June'12, 1991 you agx .provide those statements in lieu of a ,further response to our request fbr a bill of particulars-' I confirmed this agreement by: letter to . y ou dated June If we are to proceed with. a trial this month, we will need those statements immediately. rein any problem with providing those' Please contact me if the statements-by Friday,.July 24►.1992. ` very truly yours, BUILDING II.ISION TELEPHONE/VISIT RECORD ph,;EET FILE DATE JO • /Z • %d TIME % /.� woo PERSON4CALLED .�G�SLffj�j�COMPANY TELEPHONE PROJECTr y,, F LE 'COMM NTS: ALL TAKEN BY: VISIT DATE PROJECT SUBJECT FILE COMMENTS: CITY REPRESENTATIVE: �-,-pl?,s��.---4/----=-e-- .sd•-�-� -�• I--,'` s lam•-�-� , CO TIME LOCATION WHOM/COMPANY � 5�� vvari% DYq,I_�.�- � ��w�-:-e--d , v�--L-- ��.� �ovv�-�✓�� .�-� ,3 a� � � � ✓G� ,_._:. w� is _ 5;.., � s..,` ,.._�- --� 93�" °s� y CITY OF EDMONDS 250 - 5TH AVE. N. • EDMONDS. WA 98020 • (206) 771-3202 STREET FILE COMMUNITY SERVICES: Public Works • Planning • Parks and Recreation • Engineering 890.1gy October 9, 1990 Peter K. Musland 1430 Olympic Avenue Edmonds WA 98020 RE: 9510 Forest Dell Drive Lot East of 1430 Olympic Avenue Dear Mr. Musland, LARRY S. NAUGHTEN MAYOR PETER E. HAHN DIRECTOR My department has received complaints from citizens that illegal tree cutting and grading has been taking place on your property at 9510 Forest Dell Drive. An investigation was conducted by my office to determine if the allegation of the complaints had any basis. I visited the property on October 5, 1990, and observed extensive reshaping of the site, the preparation of building pads and the installation of access roads. A review of the 1986 aerial photograph and topographic maps reveals extensive changes have been made to the site. The following determinations were made as a result of my departments investigation of the complaint: 1. Your property has been identified as an environmentally sensitive area because of the proximately of the stream because of the old growth timber and the slope of the topography. 2. Environmentally sensitive areas are regulated by Ordinance 2661. All work conducted on a property identified as environmentally sensitive must be done under the guidelines of that ordinance. 3. Work has commenced on your property without obtaining the permits required by Ordinance 2661. • Incorporated August 11, 1890 e Sister Cities International — Hekinan, Japan Page 2 1430 Olympic Avenue For the reasons listed above, I take the following action to resolve this matter: a. I order all work to stop on the site immediately. The site will be posted identifying that a stop work order has been issued and no work shall take place. b. You must contact the City of Edmonds, Building., and Planning Division, by October 19, 1990, to begin the permit process needed to obtain the necessary permits to conduct the development on your property. Feel free to contact members of my staff or the Planning staff to assist you in acquisition of the necessary permit applications to bring your project in compliance with the Edmonds Community Development Code. I may be contacted at regular business hours at 771-3202. ere ,Dick Mumma Building Official DM:ds cc: Mary Lou Block Roger Hertrich John Bissell City Attorney Muslan.dls CITY C l RK ' CM" R GERALO W. LOVELL. P.L.S. COMOND •�A JURGENP.SAUEALANO,P.L.S 98620 AOSEAT S. JONES, P.E. L Lovell-Sauerland & Associates, Inc. S Engineers • Surveyors • Ueyelopmenl COnlullanls • Planners September 18, 1985 LSA File No, 85-1417 LECAL DESCRIPTIONS FOR PETER K. MUSLAND EXISTING PARCEL 1 (MUSLAND) The south 2 feet of Tract 88, Less the cast 140 feet; Also the north 12 feet of Tract 89, Less the east 140 feet; Also the east 160 feet of the south 120 feet of Tract 89; all in Edmonds Sea View Tracts, according to the plat thereof recorded in Volume 3 of Plats, on page 76, records of Snohomish County,'Washington. EXISTING PARCEL 2 (MUSLAND) Tract 90, Edmonds Sea View Tracts, according to the plat thereof recorded in Volume 3 of Plats, on page 76, records of Snohomish County, Washington; EXCEPT the west 140 feet thereof, PROPOSED PARCEL 1 (MUSLAND) The south 2 feet of Tract 88, Less the east 140 feet; Also the north 12 .feet of Tract 89, Less the east 140 feet; Also the east 160 fect of the south 120 feet of Tract 89; Also the north 11 feet of Tract 90, Less the west 140 feet; all in Edmonds Sea View Tracts, according to the plat thereof recorded in Volume 3 of Plats, on page 76, records of Snohomish] County, Washington. PROPOSED PARCEL 2 (MUSLAND) Tract 90, Edmonds Sea View Tracts, according to the plat thereof recorded in Volume 3 of Plats, on page 76, records of Snohomish County, Washington; EXCEPT the west 140 feet; and, EXCEPT the north 11 feet thereof. AUTHORIZED FOR RECORDING CITY OF EDMONDS By _LZ,zZ Pare Of W �% Wash' : l :y 7: • .'•.*.,.*lele6.•• ��R tw gal La n d Sv� CITY OF EDMONDS "�. DEPT. ENGIM:_E,;ING DIVA . rnlP4D By 8707140237 23106 • 100TH W. EDMONDS, WA 98020 PHONE 775.1591 VOL. 2071PAGE1469 EDMONDS WA R 4346-000-059-0203 TUTTLE DAVID W 19516 94TH PL W �T EDMONDS WA 4346-000-059-0302 TUTTLE D W ET UX 19516 94TH PL W EDMONDS WA mb r l 1 �' T AS3308RI _1 105425-77 98020 2.31580-87 98020 DIST OF 166*16- OF IOFT TH So TO AN INT WN S00*19 27W ALG IST OF 165.27FT �'SO TR 59 TH GIST OF 21.6CFT TPB EDMONDS SEA VIEN TRACTS BLK 000 D-02 - BEG SE CCR TR 59 So PT BEING ON NLY R/W LN CF CO RD TH NOO*19 27E 90FT TH S83*54 57W 155*86FT TH S00*19 27W 90FT TO NLY R/W LN CO RD TH N 83*54 57E 155.86FT TO POB EDMONDS SEA VIEW TRACTS BLK 000 0-03 — BEG SW CGR TR 59 TH N ALG W LN 8OFT TH N83*54 57E PLL TO S LN 166.16 FT TH S PLL TO W LN 8OFT TO S LN TH S83*54 57W 166*16FT TO POB A S S E S S O R R E A L S N C H 0 M I S H C P R O P E R T Y R C OWNERSHIP ----------------------------------------- - NAME_- ST19T LEGAL DESCRIPTION "--"" AUDIT-PTY e!►=------------------_---- — — — — — ------------------------- 4346-000-059-0401 6-27-78 EDMONDS SEA VIEW TRACTS 5U TR MUSLAND PETER K j LOT 59 EXC FDT BEG AT SE CDR OF PT BEING ON NLY R/W OF CO RD TH �1430 OLYl�PIC AVENUE EDMONOS WA"-= 98020- N00*19 27E 90FT TH S83*54 57W 155.86E CC �' ;14? TH S00* 19 2 7 W 90FT TO NLY R/W OF TH N83*54 57E 155.86FT TO POB ALSO E) COM AT SW CDR OF SO TR 59 TH N ALG k 80FT TH N83*54 57E PLT S LN 166.16FT n POB TH S PLT W LN 8OFT TO S LN TH S83*54 57W 166.16FT TO SW CDR OF SO TH N00*1927E ALG W LN OF SO TR 101.1 I.o TH N97*54 56W 165.27FT TAP N00*19 27+ ---"� LOFT FR POB TH S00*19 27W LOFT TO PC. 500*19 27W LOFT TO PUB E 1,624,000 E 1,625,000 1,626,000 - N 0T!'� E • TO PERMITTEE AND/OR OWNER ❑ PARTIAL APPR -_- 2VIOLATION FILE ❑ CORRECTIONS REQUIRED PERMIT NUMBER 9 JOB ADDRESS _ NO PERMIT - STOP WORK - REMOVE CONSTRUCTION OR OBTAIN PERMIT AND MAKE WORK COMPLY WITH BUILDING LAWS. CONSTRUCTION IS NOT IN ACCORDANCE WITH APPROVED PLANS ❑ AND PERMIT - STOP WORK. MAKE EXISTING WORK COMPLY WITH APPROVED PLANS AND PERMIT OR REMOVE IT. ❑ STOP WORK - UNTIL AUTHORIZED TO CONTINUE BY INSPECTOR. ❑CORRECTIONS LISTED BELOW MUST BE MADE BEFORE WORK CAN BE APPROVED. ❑ WORK DESCRIBED BELOW HAS BEEN INSPECTED AND IS APPROVED. ❑CONTACT INSPECTOR AND RECALL FOR INSPECTION. ARRANGE FOR APPOINTMENT. ❑ 4; THE ACTIONS OR CORRECTIONS INDICATED ABOVE ARE REQUIRED WITHIN l DAYS OR PENALTIES IMPOSED BY LAW MAY BE APPLIED. FOR INSPECTIONS CALL: 771-3202. 0 BUILDING DIV. sP�iry EC'TOR �- ❑ PUBLIC WORKS CITY OF ❑ FIRE DEPT. EDMONDS STATE OF WASHINGTON All., Persons . Are ,l �ierebOrdered At Oncey Pertaining to Construction, Alterations or Repairs On These Premises at 0/s/V /D�iPfST%�LL 4XIME THIS ORDER IS ISSUED BECAUSE 61WOl!I!* X1AUT BUILDING OF POSTED19 ' 1 The failure to stop work, or the resuming of work W,A► R N I N G without permission from the Department of Build- ings, or the removal, mutilation, or concealment of this notice is punishable by fine and imprisonment. _ APPLICATION for The City of Edmonds SIDE SEWER PERMIT NEW CONSTRUCTION REPAIRS � EASEMENT No . .......................................... � - - v OWNER .....PET_Et�.----:MvUSL�IO-------------------------------- CONTRACTOR 40P�----.�1L�IV BI.�.GI��E SER�ERMIT No. 4.=S. 5A ADDRESS .._� 30---__ �••..3--MPIC..... W-M. UM....._. LEGAL DESCRIPTION: LOT No. .-i----------------------•----...- '- B _ K No....---__-•_ TRL�r�C�i`�+_�� NAME OFADDITION vS r'�E� EW„-, 1 F. MM-1 S/a -.s CS•oeE" Xa�mp \41,yam.40 �N Approved: I �.,/� DATE ...'fi��ar-v�.._�..-��----• E M CITY OF EDMONDS — SIDE SEWER PERMIT WATER -SEWER DEPARTMENT PERMIT Yi /Call 7.76-1107 for side sewer inspections BEFORE covering any portion of the construction.` . Inspection will be provided within 24 hoursafter request. NO Sat., Sun., or holiday inspections., 1430 Olympic Avenue ADDRESS LOCATION OF CONSTRUCTION..............................................................................................................-...........................---------....----*.......... E. 160' of So 120' of Tract 89 Edmonds Seaview Tracts PROPERTYLEGAL DESCRIPTION....................................................................................................................................................................................... .................................................................. .........•.............---------------....----....---•------....................----.....----•..................................---........................................................ Peter Musland ..................................................:.............OWNER AND/OR BUILDER ............................................................................ _....................................................... CONTRACTOR'S NAME & ADDRESS ........Bob Akl in Backhoe Svc., 24006-92nd Ave. W. , Edmonds, Wash. 98020 . . . .--•..............................-....................---......._..-...........----•-----.....................•---•-....... ay Permission is granted..............i ........................_..-..-.. 19.. , for repair and/or connection of a side sewer to the city sanitary sewer system in accordance with City of Edmonds ordinances. A ION IS CALLED TO THE FOLLOWING: N o. 1—The owners of the property may obtain a permit to construct sewer inside property line. A licensed Side Sewer Contractor must be employed to construct side sewer in street area. Do not cover any portion of sewer before it has been inspected. NOTE No. 2—All work performed in city right-of-way requires an Invasion of Rlght-of-Way Permit obtainable from the City Engineer's office. , NOTE No. 3—Obtain full information regarding Ordinance 11.16.030 and Regulations governing side sewers when you get permit. NOTE No. 4—Top of side sewer must have at least 30 inches coverage at property line and 12 inches inside property line; minimum grade of 2 / . No bends in grade sharper than % will be permitted. NOTE No. 5—Trenches in street must be water settled and surface of street restored to original condition. Contractors shall be responsible for failure due to improper work which may develop within one year of completion. NOTE No. 6—It is unlawful to alter or do any other work than is provided for in the permit, or to do any work on the main sewer or its appurtenances except to in- sert the pipe into the wye. i DISAPPROVED E] Date ... _................................... By-••--------.... Date ................. ----. .... By ----------_---- Date ............... -................... . By Via_ Date ......... ...... I.%rye �f...��.-BY-.._.,..�..`._...... _.....�. �..-�z............................................ lnRearks:_.......---•--....--•..............................•--............................40 . ....................................................................._....------..........................---------------------------------------------------•..........................-•----...-.............................................I......... — BOTH Permit Copies MUST Be Signed By Owner of Firm Performing Construction PRIOR To Request For Inspection I,...................��................................................. hereby certify that the side sewer installation constructed under this permit (Owner of Contracting Firm Performing Construction) w talled in accordance with all governing ordinances of the City of Edmonds. Dated this ........ gQ-3 ...... day of................��^..... ................... 1973 �l Check BEFORE you dig for: Water Gas p, Telephone E), Power E], Sewer C], Oder V V s APPLICATION The Cityof Edmonds for SIDE SEWER PERMIT NEW CONSTRUCTION REPAIRS EASEMENT No........................................... �� OWNER................................................ lS........�......................................... CONTRACTOR . �L .............................................. l ................ PERMIT No. )� ADpRESS .......�.��..t. .............G 1�..�q.Y.�. t c 9� ................... LEGAL DESCRIPTION: LOT No. -- •---•---••- BLOCK No............................................. '..... ........ ............... ©F ®• IiL®� NAME OF ADDITION ..-...... ........ f.,,g,y.........T A . ............................................ • G.O d- DATE................................................ BY--...........-•-----•----.......----•--•----...........---............