23329 HIGHWAY 99.PDF14058
23329 HWY 99
ADDRESS:
TAX ACCC
BUILDING PERMIT (NEW STRUCTURE):
COVENANTS (RECORDED) FOR:
CRITICAL AREAS:. am DETERMINATION: E] Conditional Waiver F] Study Requiredxwaiver
DISCRETIONARY PERMIT #'S:
DRAINAGE PLAN DATED:
PARKING AGREEMENTS DATED:
EASEMENT(S) RECORDED FOR:
PERMITS (OTHER):
PLANNING DATA CHECKLIST DATED:
SCALED PLOT PLAN DATED:
SEWER LID FEE $: LID #:
SHORT PLAT FILE: LOT: BLOCK:
SIDE SEWER AS BUILT DATED:
SIDE SEWER PERMIT(S) #:
GEOTECH REPORT DATED:
STREET USE / ENCROACHMENT PERMIT #:
041 R
WATER METER TAP CARD DATED:
LATEMP\DS'Ps\Forms\Street File Checklist.doc
CITY OF EDMONDS - 11215" AVENUE NORTH - EDMONDS, WA 98020
PHONE: 42S.771.0220 - FAX: 42S.771.0221 - WEB: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT: PLANNING - BUILDING
June 7, 2010
Gregory S. Petrie
Krutch, Lindell, Bingham Jones & Petrie, PS
1420 Fifth Avenue, Suite 3150
Seattle, WA 98101
RE: 23329 HIGHWAY 99
Dear Mr. Petrie,
This letter is in response to your letter of May 2 8, 2010 regarding the Tate parcel addressed as
23329 Highway 99. 1 have also read the response provided to you by Ed Sibrel, the Engineering
Technician who worked on the Tate grading permit (BLD-2008-0770) which was required in
response to illegal grading at the site in the summer of 2008 (COD-2008-0040). Mr. Sibrel has
efficiently summarized the City's position on the issues you raised regarding parking, drainage
and access. As it stands, Mr. Tate received approval for a business license for the House of Guns
on December 10, 2009. No other outstanding permits or enforcement actions are currently
pending.
During the compliance process, the City encouraged Mr. Tate to grant an easement for the
Anderson parcel to allow continued access to the rear building at 23311 Highway 99 from the
south. An easement was not required with the building permit, however, because the Anderson
parcel.had existing vehicular access to the rear building from the north. The southern access was
likely provided as part of an informal agreement between the two landowners but was never
memorialized with an easement, We encourage Mr. Cobbett to continue to work with Mr. Tate
on obtaining an access easement to improve access to the rear building on 23 311 Highway 99. If
the easement is obtained, Mr. Tate is required to submit an amended landscaping plan showing
the.location of the access easement as well as any changes to the fencing and landscaping on that
portion of his property.
If you have any questions, please contact me at (425) 771-0220.
Sincerel
Mike Clugston, AICP
Planner
Cc: Ed Sibrel, Engineering Technician
Jerry Shuster, P.E., Stormwater Engineer
Leif Bjorback, Assistant Building Official
Inc. IS913
June 2, 2010
CITY OF EDMONDS GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 * FAX 425-771-0221
Website: www.d.edmondsma.us
PUBLIC WORKS DEPARTMENT
Engineering Division
Gregory S. Petrie
Krutch, Lindell, Bingham, Jones & Petrie, PS
1420 Fifth Avenue, Ste 3150
Seattle, WA 98101
Re: 23329 Hwy 99, Edmonds, WA
Dear Mr. Petrie:
I have received your letter dated May 28, 2010 regarding the Tate property located at 23329
Hwy 99 in Edmonds, WA, and would like to address the concerns you raised on behalf of your
clients. Please note that this is the Engineering Department response only; as such, it can only
touch on matters under our specific purview. Other departments within the City of Edmonds will
have additional perspectives.
The three items of interest to your client were Parking, Drainage, and Easement availability with
regards to the above -noted property. I will address them in order:
Parking.
As you noted in your letter, the Tate property has never had a paved parking area. It had,
however, a loosely -defined gravel area directly to the south of the existing buildings historically
used for parking and access. That was the existing condition at the time of the BLD20080770
permit application, for which I understand was to address unauthorized clearing of the site.
It's important to note that BLD20080770 was a grading pen -nit. As such, many items in a site
plan not specifically required as a condition for the per m-it may be electively removed by the
permittee. The 2,000 square -foot parking lot identified in Mr. Clugston's letter dated September
28, 2008, was a case in point. It specifically referred to an area separate and to the east of the
existing gravel area. That parking area was deleted from subsequent submittals.
Incorporated August 11, 1890
-I-
Sister City - Hekinan, Japan
'"k,
Draina2e.
The City's drainage code is concentrated almost exclusively on addressing runoff issues relating
to the construction of impervious surfaces; other than for occasionally being used to mitigate
impervious surface runoff, it does not regulate landscaping at all. ,
Easement.
The City is aware of your client's desire for an easement so that better access can be enjoyed by
their tenants. You speculated that Dr. Tate still has outstanding matters with the City that he
would like to resolve before attending to the easement request -- to my knowledge, there are no
outstanding permit applications for development of 23329 SR 99, nor am I aware of any ongoing
Code enforcement activities.
In closing, I would recommend filing a formal public records disclosure request. That way, it'll
ensure all interested parties receive due notification, and the quality of the response is likely to
be much better. Enclosed is a blank form for your use.
Sincerely
'Ed Sibrel
Engineering Technician
cc: Jerry Shuster, P.E., Stormwater Engineer
Mike Clugston, Planner
Leif Bjorback, Assistant Building Official
EnIclosure
2-
Legal Description
For
Access Easement
That portion of Tract 20, Skelton's Lake McAleer 5 Acre Tracts, according to the plat thereof
recorded in Volume 6 of Plats, page 21, records of Snohomish County, Washington, described
as follows:
Beginning at a point on the easterly margin of Primary State Highway No. I (SR-99) which is
151.06 feet northeasterly of the irtersection of said highway and south line of Tract 20;
thence North 88001'34" East, a distance of 137.67 feet to the True Point of Beginning;
thence continuing North 88*01'34" East, a distance of 28.28 feet;
thence South 68033'118" West, a distance of 15.00 feet;
thence North 72030'09" West, a distance of 15.00 feet to the True Point of Beginning.
(Courses and distances herein are based upon that certain plat of survey recorded under
Auditor's File Number 200810065103, records of Snohomish County, Washington.)
N 02'31'51" W-561.40'
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REFER TO PLAT OF SURVEY
RECORDED UNDER AUDITOR'S
FILE NUMBER 200810065103,
RECORDS OF SNOHOMISH
COUNTY, WASHINGTON
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EASEMENT SKETCH
FOR
WRGEL R. ANDERSON
IN SE1/4, NE1/4 SEC. 31, T.27N., R.4 E., W.M.
CITY OF EDMONDS
SNOHOMISH COUNTY, WASHINGTON
LoveU—Sauerland & Associates, Inc.
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KRUTCH LINDELL
Krutch, Lindell, Bingham, Jones & Petrie, P.S.
1420 Fifth Avenue Gregory S. Petrie
Suite 3150 A Profess I ional Service Corporation
Seattle, WA�98101 Established 195 7 Direct Teleph.one:
(206) 682-1505 (206) 892-3103
Fax: (206) 467-1823 -Email:
krutchlindell.com 9sp@krut6lindell.com
May ;8,2010
eel
AIAI 01,
Mr. Mike Clugstoh, AICP
.1 . .. I I -
Planner j
City of Edmonds
Q�pr
121 5th.Avenue North
Edmonds, WA 98020-,.,
Re: 23329 Highway 99
Edmonds, WA -
Dear Mr. Clugston:
We represent Don Cobbett -who is the property manager and agent for the property
locatedat,23311 Highway 99, the property',immediatelyadjacent toAhe North of the above
referenced property. The property was owned- by. Virgil Anderson who. died this past Ja iruary,
and is currently owned. by his estate and will stay in the, family. Mr.'Cobbett has been asked by
the estate to resolve some outstanding' issues, related to the neighboring pr6perty.
I am advised that you'have had previous communications with Mr.'Cobbett and, others in
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the past- two yeats.regarding this propert' , and that'Mr. Cobbett. has also discussed the matter
with Jerry'Lutz in your enforcement division. . I have been asked'to communicate withyou"
because it appears that the property owner at 23329 Highway 99, Dr. James, Tate, is planning to -
soon reopen the gun- shop located in thefornief residence'at the southwesterly comer of the..
property. While my client ha's ho objection to,the proposed bu�iness� which had been operating
on the propert' before, we have seVeial,concerns regarding what. Dr. T ate has (and perhaps more
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importantly has no.,,) donewitil the propeay �vhich is under your jurisdiction,
$pecifically, there are three problematic areas. The first involves. parking. - In the past,
.*Dr. Tate's property had no official paved parking area, which resulted in customers, of the gun
shop using my client's linifted parking to'the detriment of my plient�s.tenants. Posting the',
property for the parking of my client'stenants only, did not solve the. problem. Mr. Cobbett was
advised some time ago, and on more than one occasion by -representatives of the City of
Edmonds, that Dr. Tate would be required,to put in a paved parking lot of hisownwith,
approved drainage before the completion of his.proj ect. In reviewing the online documents
associated With Dr. Tate's excavation, grading and landscaping permit (BLD 20080770)�- 1 saw
Member Firms and Representative Offi ce in
Of
Australia Ausb* Belgium Brazil Bulgaria - Canada - Chmnel,lslands - Costa Rica Cypress Denmark Egypt
Estonia - France - Gerrawy Hong Kong - ]lrelan4 - Isle of Man brael - Japan - Malaysia - Malta - Mauritius
England!
iZS ASSOCIATO Netherlands - New Zealand Philippines Poland Port6gal Spain Sweden Switzerland Thailand USA
8027) fe.270302
Mr. Mike Clugston, AICP'
May 28, 2010
Page 2
that you specifically identified this issue in a September 20, 2008 letter relating to a plan check
stating:
Parking Lot: The revised site plan from 9/26/08 indicates a 2,000 sf gravel
parking area. According to ECDC Chapter 18.95, parking lots must be hard
surfaced (18.95.020.C) unless they are temporary parking lots (17.50.090). Ifthe
lot is to be temporary, a conditional use permit is required....
This admonition, however, appears to'have been ignored, as at least the landscape plan online
shows a "Gravel Parking Lot" on the.south side of Dr. Tate's property. The area is- currently an
unapproved area of gravel, with no parking desigriations� or other amenities which might invite,
much less encourage, patrons to park on Dr. Tate's property rather than my ciienVS propeety.
My client is unaware that any conditional use permit has been applied for, and since the
neighboring property owners would expect to receive notice of such a request, assumes that no
application has been made and no conditional use permit granted.to approve a temporary gravel
parking lot. We would appreciate it if you would look into this issue and advise us of the status
within the next ten days. The parking situation must be appropriately, addressed bef6rd the gun
shop reopens.
The second issue relates to drainage. Originally my understanding is that following Dr.
9
Tate's unpermitted excavations on his property, his landscaping involved use of a Geomat which
created a surface impervious to water. At the direction ofthe City of Edmonds, this mat, was
eventually removed. However we are, unaware that any drainage plan was included with the
property's landscaping. The result was evident this past fall and winter when rains resulted in
extensive water pooling a cross my client's lower parking lot and against a portion of his -
building.. Emails including copies of photographs showing the water pooling were forwarded to
you by Mr. Gattegno (one of my client's tenants) last fall.- Prior to Dr. Tate's "landscaping 11 my
client's property,had no water issues whatever. 'It is apparent that the work, the grading and the
presumed lack of any drainage plan has significantly altered the flow of groundwater to the
detriment of my client's property and buildings. We are not sure how this should be addressed,
butare certain that this is not the intended result of the City's grading permit and design review
Finallyj you are aware of the issue relating to the less than ideal access of deliver trucks
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and emergency vehicles ' to my client's lower buildings and parking areas. Your letter to Dr. Tate
this past June indicated your "concern about the northeastern corner of the site where [Dr.
Tate's] northerly neighbor has used a portion of your parcel for access." You suggested. an
easement be issued and reflected on the landscaping plan showing the location and whether it
would be paved or not. My client at some expense hired professionals to prepare a proposed
easement agreement and have a survey prepared of the area. The proposed easement area was
quite limited in size (approximately 150 square feet) and was contained in'the required set back
area so any impact to Dr. Tate's property would be minimal. I have enclosed a copy of the draft
easement description and drawing for your information. To date, however, and as recently as the
past few weeks, Dr. Tate has remained non -committal to any easement and the erected'fence
8027)fe270302.
Mr. Mike Clugston, AICP
May 28, 2010
Page 3
continues to interfere with 'access. 'The implication is thatD.r.7ate is waiting until all his matters
with the City of Edmonds are resolved to his satisfaction before formally declining to enter into
any easement agreement. Among other things the ' lack of resolution on the access -has resulting
in a handful of collisions between trucks and my client's buildings when delivery trucks attempt
to maneuver in limited area on.the south side of the building, While this.issue may be more of a
private issue that a City of Edmonds issue, we wanted to make you aware that it has remained
unresolved.
' We appreciate your review of the situation with the Tate property, and any assistance,
direction or furth ' er inf6rmation you can provide us to help reach a resolution would be great. .
Also, in order to help completemy file. on this matter, I would appreciate it if you could send or
email me copies of the contact logs between the City of Edmonds Personnel and my clientand
tenants of the building and between the City of Edmonds and Dr. Tate, reflecting the
communications that have occurred over the past two years' on this matter. If I need to submit a
formal public record disclosure request, please let me know. We look forward to your response,
and email is fine, if more convenient to you.
Very truly yours,
KRUTCH LINDELL
Gregory S.. Petrie
Enclosure
cc: J. Shuster, Stormwa,ter Engineering Program Manager
E. Sibrel, Engineering Technician
Nl'.Hlanrison, Fe'rnlit Coordinator, Buiiding
Don Cobbett
8027)fe270302
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