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24211 88TH PL W.PDF11111111 lill 8554 24211 88TH PL W ADDRESS: �� -71& RL.,V- a) TAX ACCOUNT/PARCEL NUMBER: ee� 6-J17A0"11,e0'iW BUILDING PERMIT (NEW STRUCTURE): COVENANTS (RECORDED) CRITICAL AREAS: DETERMINATION: 0 Conditional Waiver F] Study Required F] Waiver DISCRETIONARY PERMIT #'S: DRAINAGE PLAN DA' PARKING AGREEMENTS DATED: EASEMENT(S) RECORDED FOR: PLANNING DATA CHECKLIST DATED: SCALED PLOT PLAN DATED: SEWER LID FEE $: SHORT PLAT FILE: LOT: SIDE SEWER AS BUILT DATED: SIDE SEWER PERMIT(S) #: SOILS REPORT DATED: STREET USE / ENCROACHMENT PERMIT #: FOR WATER METER TAP CARD DATED: LID #: BLOCK: LATEMP\DSrs\Forms\Strect File Checklist.doc APPROVED AS NOTED BY ENGINEERING &e . ate located on 9 F clace faust be —,,9x—b1e ess to , rty OWMer respo ent I Lce co rope r" vines. jar -we orpro te itses. C, two, ,,F,Vice . Say utility - Pole'-� 1 1W co CD 00 :3 rr CD M— N 24 2n, -S t re' e* t- enter of RO\A Drainage Course BUILDING DEPARTMENT OWN11,11 A22RQV-77.:j—a: -:.LDG. C-.47". 21AI.L.. NUMBER Encroachment Area = 880 ft2 V—_0 A—C — - — - — - 6 c izz Ar c m t T— patio sidewalk 76'- 0' 'House Deck ter meter 110' - 0" - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - 99'to Datum = 6'-0" fence IProperty Owner: Ron Fisher - - — - — - = property line Pipe in center of 88 Property Address: 24211 88'h. PI W = area of encroachment PL W Culdesac Scale: 1 20'- 0" parking driveway sidewalk E JUL 112905 BUILDING DEPARTMENT 0, CITY OF EDMONIJS STREET FILE OV EDAt DD9flLf, CITY OF EDMON 121 5TH AVENUE NORTH - EDMONDS, WA 98020 PHONE: (425) 771-0220 - FAX: (425) 771-0221 STATUS: APPROVED ENG20130203 Encroachment Permit Permit Number: ENG20130203 Address -of Public Use/Encroachment: 24211 88TH PL W, EDMONDS PROPERTY OWNER BUSINESS OWNER HAYASHIDA MIA 24211 88TH PL W EDMONDS, WA 98026 fence (originally permitted in 2005) STREET USE. Placement of any temporary or movable objects in any portion ofpublic space or City right-of-way shall meet all code requirements as setforth in thefollowing chapters of the Edmonds Community Development Code. ENCROACHMENT. Permanent structures encroaching upon anyportion ofpublic space, City right-of-way or easement area shall meet all Code Requirements as setforth in thefollowing chapter of the Edmonds Community Development Code. CODE APPLICA TION, Chapter 18.70, 17.65, and 17.70.040 of the Edmonds Community Development Code. All terms of the adopted ordinance are incotporated herein as if setforth infull and this permit therefore is subject to the terms of those chapters. FOR THE TERM IN WHICH THIS PUBLIC USEIENCROACHMENT IS IN EFFECT, THE 0 WNER SHA LL COMPL Y WITH THE PERMIT CONDITIONS SET FORTH B Y THIS PERMIT NOTE. The issuance of this permit is understood by the owner to he of a temporary nature,, shall vest no permanent right and shall he issued and may in any case he revoked at the sole discretion of the City per ECDC 18.70.040. Applicant is responsible to provide a copy of the insurance certificate to the City at the beginning of each calendar year, no later than the 21st day of January. INDEMNITY. The Applicant understands and agrees to hold the City of Edmonds harmlessftom any injuries, damages or claims of any kind or description whatsoever, foreseen or unforeseen, that may be made against the applicant or the City ofEdmonds, or any of its departments or employees, including but not limited to the defense of any legal proceedings including defense costs, court cost, and attorneyfees by reason ofgranting this permit. In addition, the applicant understands that helshe shall provide and continually maintain during the term of the permit a ceritificate of insurance naming the city as an additional insured, with respect to liability, andproviding that it shall be primary as to any other policy of insurance. THIS APPLICATION IS NOT A PEP MIT UNTIL SIGNED BY THE CITY ENGINEER OR HISMER DEPUTY: AND FEES ARE PAID, AND RECEIPT IS ACKNOWLEDGED IN SPACE PROVIDED. ED Printed: Friday. ADril 12. 2013 DATE F-1 FILE COPY n INSPECTOR COPY n APPLICANT COPY STATUS: APPROVED ENG20130203 CONDITIONS The proposal will not adversely impact public space open to vehicular or pedestrian travel. Architectural Design Board Approval has been granted or the process has been administratively approved. - The proposal will not unreasonably interfere with the rights of the public. The proposal either benefits the public interest, safety or convenience (e.g., supports or protects the city street) or is an accessory structure such ' as fence normally associated with residential use of the property as fully complies with the requirements of criteria above. Applicant shall repair/replace all damage to utilities or frontage improvements in City right-of-way per City standards that is caused by or occurs during the permitted project. Sound/Noise originating from temporary construction sites as a result of construction activity are -exempt from the noise limits of ECC Chapter 5.30 only during the hours of 7:00am to 6:00pm on weekdays and 10:00am and 6:00pm.on Saturdays, excluding Sundays and Federal Holidays. At all other times the noise originating from construction sites/activities must comply with the noise limits of Chapter 5.30, unless a variance has been granted pursuant to ECC 5.30.120. Applicant, on behalf of his or her spouse, heirs, assigns, and successors in interests, agrees to indemnify defend and hold harmless the City of Edmonds, Washington, its officials, employees, and agents from any and all claims for damages of whatever nature, arising directly or indirectly from the issuance fa this permit. Issuance of this permit shall not be deemed to modify, waive or reduce any requirements of any City ordinance not limit in any way the City's ability to enforce any ordinance provision. INSPECTIONS I 0 None ." C J U L [) 3 220 05 IF Ajn, -PERMIT STREET FILE COUNTER ENCROACHMENT PERMIT #: V-05--003 BUI]LDINGPERmrr#: m6-io�o RECORDING#: ENCROACHMENT PERMIT APPLICATION PROPERTY OWNER NAME: F01) -t 1,5 h-f/— Phone 4W.5 673 1132,'-1 PROPERTY OWNER MAILING ADDRESS: .2q2qj� .40-A ptA<.F 4_�psr 044 "s a A BUSINESS NAME (for Commercial applications): Aj BUSINESS OWNER NAME: L'4 Phone ADDRESS OF PUBLIC ENCROACHMENT: 9&tt Aj 71k -S Permanent structures encroaching upon any portion of public space, City right-of-way or easement area shall meet all Code Requirements as set forth in the following chapter of the Edmonds. Community Development Code. 18.70 STREET USE AND ENCROACHMENT PE . RMITS PERMIT ISSUANCE An Encroachment Permit may be issued, at the discretion of the Development Services Director, City Engineer or their respective designee, for permanent structures encroaching upon any portion of public space, City right-of-way or easement area, if the structures are placed in compliance with the above referenced Code Section and the following criteria are met: 1. It has been concluded that the proposal will not adversely impact public space open to vehicular or pedestrian travel; 2. Architectural Design Board ap roval. has bden gr r anted o the vrocess has,, been.administratively approved; 3. The proposal will not unreasonably interfere with the rights of the public; and . 4. The proposal benefits the public interest, safety or convenience. DESCRIPTION OF PROPOSED ENCROACHMENT: (include total square footage of encroachment and give specific location such as, -5' west of face of curb and 10' south of d/1 of driveway entrance)— I :50u+h -55'PALt OF Ck W 09-K FL(A.). 70TAL 90 / �z 11 JAI x 4491p� .#" A SAEngr\Forms\Encroachment Applicationdoc Revised 2/6/04 0 APPLICANT TO READ AND SIGN NOTE: The issuance of this permit is understood by the applicant to be of a tempo rary nature, revocable by the Cityper ECDC 18.70.0'40 and that no vested right is granted. INDEMNITY: The applicant understands and by hislher. signature to, this application, d&ees to hold the City of Edmonds hdrhiles�jrom an y�' injunies, damages or claims of any kind or" description -whatsoever, foreseen or unforeseen, that may be made against the applicant or the City of Edmonds, or any of its 4qpartments or emplpyees, including but not limited to the defiqnse of any legal proceedings including &f�ns'e cos't�, -c'mirl'c"o'sts, and attorneyfees by'iea-sk?h of giahiihi this p it In addition, the eppdicant erm understands thatfielshe shall rdvide,':ohd�contzhu maintain -during the term. of the permit a certificate p ally of insurance naming the city as an additional insured, with respect to liability, andproviding that it shall beprimary as to any otherpolicy of insurance. CODE APPLICATION. By signing the applicailioln, 1�below the applicant warrants that s1he has read or had the opportunity to read Chapter 18.70 of the Edmonds COM 'ity Develop mientCode and s1he mun understands that all terms o f-,t.he a!t6pted ordinan,ce are incorporated herein as if sqtfort4. injull and this application andper`m�i�� Mef6f6r"e-a-Ve s"u`b:j'�"ct M the terms of those Chapters. SIGNATURE, DATE Wne'r, nroper.`yb DEPARTMENT APPR CITY USE ONLY******* Planning Division Approved' N4 Date by: _ADB# Remarks: Public Works App roved by- Date7Z�-Q-5_ 'Remarks: Engineering Division Approved by: Dateq2 Z, Remarks: eln- &44A W& VD Jb_ zvsx W4__ AIM k bai 4,- MOW Vha - in a- pipll&ble. Certificate of Insurance verified by: Date I Encroachment A g eemqnt sent to. City Clerk for recording: Dgto Receipt NO: + I y"t- I (a&7� Pay) 35 Issued By: C:�a2ZW Issue Date: SAEngr\Forms\Encroachznent Applicationdoc Revised 2/6/04 When recorded M211 to: oti oeik i6tUffilDnds kty .. 1111121WI 6 PGS North 2 05am J3 o0s, V,�A 18020 IS11SH Eclin SKOH COUNTY ASHINGTON .... ......... % SPACE ABOVE THE UNE FOR RECORDERS USE Assessor's Parcel No.: 0051170=1400 Applicant: RM MU E-JqCik0A-4CHMENT AGREEMENT This ENCROACHMtN.�--Ai3PE�ME-.'N**T, rA eement') is qntered into between the CITY OF EDMONDS ("City') �no- ("Owner[s]"), in accordance witfi.0aPSef'18 70 of �4e..Edmonds Community Development Code i-e-r.AL. —riQ 1. The Property. Owner is -th� own�r Qf th at certain real property located at a F�P L A,�r_ Li e-sT- � A�idun the City of Edmonds, Washington, Assessor's Parcel Number `00S1 /:Z 006D.)- 600 and more particularly described as follows or as described in Exhibit "A" attached hereto and inc�rpoiate-o.'hi'r'--e--i--n"b.y reference 2. The Easement The City nght-of-way'014'9s!�V. IQ...bwner's property or an existiftg easement used for (strike those that don't apply) -IsA, r*' 8Vr, 0&,-bidAw91c, biWa h, pedestpalreasement, sanitvy-sewer, w�ter, st 0 pn< -0<r - ..* %. 3. The Encroachment.. The City hereby covenanti-,,, lsgi-�es..ifid. grants its permission to Owner to allow :F FjJcF--- to remain in a portion of the City nght-of-way/easement A partial slte�-plagt�`acAled,f"=20% showing the location of the encroachment is attached as Extubit 'S" a'Q--f�cq1Vp-r-ate&by reference This Agreement is subject to the following terms and conditions- -I of3- a. The encroachment shall be installed and maintained in a safe and .-..---'�pMtary.condition at the sole cost, risk, and responsibility of the owner and its successors in in!,Qrc� Jb. ......The Owner shall agree at all times to indemnify and hold the City free and lIarr�lesir-r*b­mi****any'-and all claims, demands, losses, damages or expenses resulting from .ain.pnance, use, repair or removal of the shucture installed hereunder, includipg'. expense ansing out of (1) loss or damages to property and (2) injury t6,9r'death'6f peri6h9'-**--. must remove or relocate any part of the encroachment within ten (10)-&)�.of stich-.Qther time as specified in the notice after receipt of it from the City Engineer, 6;:--the-.6tY..Engiheer may cause such work to be done and the reasonable cost thereof shall constitilte �d lien-.'�p�n t4e Orp erty. p d. W-hal�ye`i ngMs and obligations were acquired by the City with respect to the easement shall rerrdin.ada rbfiTmue in full force and effect and shall in no way be affected by City's grant OF-,p6rffli§9ioJtY*to donstruct and maintain the encroachment structure e. The propprty.p"er isye4uired to provide and continually maintain during the term of the permit 'a-.6affic�te-'�f insurance naming the City as an additional insured, with respect to liability, a6d pindviding that.ii 11all be primary as to any other policy .of insurance. A copy of the insurani6 certificate. shill be p1rovided to the City at the beginning of each calendar year, no later than the 2 1 4a-Y,of Jariiidr2y 4. Entire Agreement This A��ftierfi coW - itutes the entire agreement between the parties with respect to the subject matfer..h!�reeC.'�nd'-supersedes and replaces all other agreements, oral or written, between the parties with ies ecttothe subject matter 5. Notices Any notice which is reiquir6for.-iftay-be given pursuant to this Agreement shall be sent in writing by United States—rnslil,jirst "class, postage pre -paid, registered or certified with return receipt requested, oi. by"oftr Oomparable commercial means and addressed as follows Ifto the City- if to the Owner". City Engineer City of Edmonds dAY21t 0$+(-- eLA*-'r9'* 121 Fifth Avenue North td"-,We& WA Edmonds, WA 98020 which addresses maybe changed from time to time by providing notice to*ike,**�ili�r par, J, the manner. described above -'2 of 3 - ....... % t Waiver City's consent to or approval of any act or omission by Owner shall n9t.'corightute a waiver of any other default by Owner and shall not be deemed a waiver or rendef luirlecessary City's consent for approval to any subsequent act by Owner Any waiver any default must be in writing and shall not be a waiver of any other default conce,thini th� samp.-Or , any other provision of the Agreement_ Succe 0 Wis. and Assigns This Agreement shall be.bindmg and inure to the benefit:of . the..panfes1fereto'and their respective legal representatives, successors, and assigns Owner 'agr-ees.1o'incor66r&�-.jhis agreement by reference in any subsequent deeds to the property, but -tiny faiffif"Ldo.-go does not invalidate this provision 8. C.-Apaci ....-Each party represents that the person(s) executing this Agreement on behalf of su6h--�zk4 kp.theauthonty to execute this Agreement and by such signature(s) thereby bind such pirty.-` IN WITNESS- WHEI�EOF,--the parties hereto have executed this Agreement on this day of OWNER(S)- By. By.-, STATE OF WASHINGTON COUNTY OF SNOHOMISH This day, personally appeared before me, to me known to be the person(s) who executed tll� .�tthlii and foregoing document and that (helshelihey) -14f— signed the same as (hislheriihejr.).--Jil'-<""'*'* free and voluntary act and deed for the usek ggjpurposes therein mentioned. S CN 5000d ly, ,C7 Notary Pub ic ILI U4, Typed or Printed Nar4e a B NC, -f `It� 4.29 O%A�W My Commission expireV.*.*LqJJ4/d2 Ilk CITY OF By 9WS%tRING DIVISION\ 3 of 3 - EXHIBIT A Fisher Resideritb'o'.-` 81h 242118 Place West ...... Edmonds WA 98206 Tax Acct Parcel 00511 . '7006 T6, Impervious Surface Calcs Existing Building Roof Outline Existing Deck 240 sf Existing Driveway 540 sf Existing Porch 600sf Lot Coverage 1950 sf Lot Area ............ . 8360 SQ FT Property Legal Description Lot 16 in block 27 of Mathay Addition #3 of Edmonds, according to plat recorded in volume 19 of plats at pages 85, in Snohomish County, Washington ........ 01. Utildz,,,,o Pole parking Mr CD 0 M_ driyeway... N 242nd Street Center of RO Drainage e0u.5 VV6M 8V . ...... .. Encroachment Area = 880 ft2 pa t1b... sfdewalk Houge sidewalk Lawn ater meter 11V_0" gi t�Daw� Property Owner Ron Fisher --Pipe in center of 88 PropertyAddress 24211 88'hPIW Pl. W Culdesac Scale 1 20'- 0" W-M 76'- 0" E shed — — — — — — — - -- = W-0" fence = property line = area of encroachment 218th St SW Sir3' SWIO'3 'E 8,931 '-r.. 1. W S4Wl3'XrW. I9W' "5-0 w t A b z SMICOVE . 25271 % Exhibit A . ... ...... 22400 220th St SW (01 PERMIT # DATE APPLICATION RECEIVED:. ADDRESS OF PUBLIC" USE: tves-�- PROPERTY OWNER: - gjher ONCE YOUR REVIEWIS COMPLETE, PLEASE ROUTE TO THE NEXT DIVISIONDEPARTAlENT ON THE LIST * * * PLEASE ROUTE IN THE ORDER SHOWN * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PLANNING DIVISION Ai"I IN ENGINEERING DIVISION [--] DS ADMMSTRATION Date Stamp Received: Date Stamp ecelvud-. Date Stamp Received: Date Stamp Received: APPROVAL SIGNATURES AlVD REMARKS OR COAMEATS ARE TO BE MADE UIWER THE "DEPAR7MEATAPPROVALS"SEC770N ON THE PERMIT. RAengr\fonns\Encrowhment permit routing PERmIT #: E�-m-,003 DATE APPLICATION RECEIVED: ADDRESS OF PUBLIC USE: PROPERTY OWNER: ONCE YOUR REVIEWIS COMPLETE, PLEASE ROUTE TO- THE NEXT DIVISIONIDEPARTMEAT ON THE LIST * * * PLEASE ROUTE IN THE ORDER SHOWN * * * ---------- w - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - PLANNING DIVISION Date Stamp Received: PUBLIC WORKS Date Stamp Received: 7- ----��Date StampftffftWED <.] :ENGINEERING DIVISION A JUL 2 6 2005 DS ADMINISTRATION ENGINEERiNG DIVIsION r Date Stamp Received: APPRO VAL SIGNA TURES AAD REAlARKS OR COAMENTS ARE TO BE MADE .UADER THE ""DEPARTMENTAPPROVALS".SECTION ON THE PERMIT. R-\engr\fbrms\Encroachment permit routing Message Page I of I Gebert, David From: Ron and Mia [ronandmia@comcast.net] Sent: Tuesday, May 24, 2005 8:28 AM To: 'Gebert,- David' Subject: RE: Discuss ROW improvements and encroachment Dave, As a precursor to our meeting, I attached a document that I put together that details what I'm proposing. See you at 1 lam.. Ron Fisher ----- Original Message ----- From: Gebert, David [malito:Gebert@ci.edmonds.wa.us] Sent: Monday, May 23, 2005 1:37 PM To: 'Ron and Mia' Subject: RE: Discuss ROW improvements and encroachment Ron, I am available to meet with you at 11:00 AM tomorrow morning on the 2nd floor here at City Hall. Dave ----- Original Message ----- From: Ron and Mia [mailto:ronandmia@comcast.net] Sent: Monday, May 23, 2005 1:01 PM To: 'Gebert, David' Subject: Discuss ROW improvements and encroachment Hello Dave, I left a voicemail for you this morning hoping that you might have 30 minutes to discuss my fence encroacment issue and my proposed resolution face to face. I am available anytime during the day tomorrow May 24 and Wednesday May 25. I know your time is valuable and I appreciate the opportunity to speak with you. Thank you, Ron Fisher 24211 88th place west Edmonds, WA 98026 425-673-4324 5/24/2005 7, 7, -777, tA jp-"" 41-1 zz- 17 01, - si? 41 t; ST&OW Too na Known ................ jar am. -Vf AllM. )'AT lu'lN MINES" xt. um al —Au �ix -�—I: Woi�' R —J-!R' -Pi J: j lV, J"T All 7; -all INK 5, AW two- Y24 .00 jai IRV— "o .41 'y AL �11' "M login InQ RJ no" LF! 7. RAN toy 0.1 N A Q k, Ja Ogg limp 1 V oil: NO 0%, Me Th" *C",1P us Ar Nr 11 .41. NJ 0 0 24211 88h Place West ROW improvements, Invasive weed choked drainage course 2. Continue landscaping and maintenance of entire section of ROW that abuts our property. This will improve public view of the space and certainly impact property values in. a positive manner. To whom it may concern: As owners and visitors of the affected surrounding properties, it has come to our attention that the city of Edmonds is considering forcing the owner of the said property to remove the fence located along the 242nd St right of way (ROW) that is part of the residence located at 24211 880'Place West in Edmonds. It is our belief that the new fence is a vast improvement over the previous overgrown trees, brush, and weeds. We further believe that it would be in the city's best interest to accept the new fence and leave it in place. Respectfidly submitted, Name Address Signature/Dat5/-, AAA� U/)2-/D6- 6 Y Lk�- A w 2- Davis 2�3(0" �7 11-� a,0 10 <3e - 40A/c Ar4L- -,e —,P U LJW& L, Z4Z((,p Zerp'q Lc--. Wa�h f zi 1�;- 9 To whom it may concern: As owners and visitors of the affected surrounding properties, it has come - to our attention that the city of Edmonds is considering forcing the owner of the said prokerty to remove the fence located along the 242"dSt right of way that is part of the residence located at 2421188 Place West in Edmonds. It is our belief that the new fence is a vast improvement over the previous overgrown trees and brush. We further believe that it would be in the city's best interest to accept the new fence and leave it in place. Respectfully submitted, Name Address Signature/Date 7 Pz- r V /c,5- 2 0 0 Ron and Mis . To: Kakaley, Robert Subject: RE: PUD line access Hi Ron. it appears that your fence is now encroaching into the City's right-of-way. As long as the City is not giving that property to you, then we're airight YAth having the fence there. If the City was to give that piece of land to you, then we would need to obtain an easement from yourself for our lines to be on private property. Let me know if you have any questions. Bob Kakaley Snohomish County PUD (425)670-3214 ilkakaley@snopud.com ----- Otiginal Message ----- From: Ron and Mia [mailto:ronandmia@comcast.net] Sent: Sunday, June 05, 2005 3:46 PM To: Kakaley, Robert Subject: PUD line access Hello Bob, I got your name off of an email from encroachment permit from the city of Edmonds dated July 23 of 2003. I'm contacting you in hopes that you may be able to assist in a similar situation I have with the city of Edmonds. A little history of my situation. Last year Randy Packabush from PUD vegetation mgt contacted me regarding PUD's wish to cut down a large grove of Cypress trees that PUD had been managing under their wires for many years. After some debate we decided to go ahead with the cut down of all the trees. I chose to build a fence in place of the trees to give us some of the privacy the trees afforded. I however overlooked city regulations regarding right of way clearance and am now working putting together an encroachment permit that will allow my fence to stay in place. The fence is no where near the PUD pole but I really could use an email statement from the PUD that states that my fence does not impact pole/line access. Is this something you can help me with or if you are not the right person to contact, could you please tell me who may be? Thank you very much for your time, Ron Fisher 24211 88th place west Edmonds, WA 98026 425-673-4324 7/5/2005 1-1? C. 18 () 11 0 0 CITY OF EDMONDS 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - FAX (425) 771-0221 Website: wwwdedmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering August 5, 2005 Ron Fisher 24211 881h p, W Edmonds WA, 98026 GARY HAAKENSON MAYOR SUBJECT: Encroachment Permit Application (E-05-003) for 2421188" P1 W Dear Mr. Fisher, The City of Edmonds has reviewed your Encroachment Permit Application, received July 8, 2005, requesting approval to maintain the location of your fence within City right-of- way. In accordance with Chapter 18.70 of the Edmonds Community Development Code (ECDC), one of the criteria that must be met for approval of the encroachment is the encroachment must benefit the public interest, safety or convenience. A copy of this chapter. of the ECDC has been included for your reference. Please provide proof that the fence encroachment does in fact benefit the public interest, safety or convenience. Once this information is received, the City will complete review of your encroachment permit application. Please feel free to contact me with any questions you may have at 425-771-0200, ext. 1338. Sincerely, Jeanie McConnell Engineering Technician attachments c: E-05-003 Incorporated August 11, 1890 .qicfor (-ifly - 7-- 0 Edmonds Community Development Code Chapter 18.70 STREET USE AND ENCROACHMENT PERMITS Sections: 18.70.000 Permits required. 18.70-010 Exemptions. 18.70.020 Applications. 18.70.030 Review. 18-70-040 Revocation. 18.70.050 Fees. 18.70.000 Permits required'. No person shall use or encroach upon any public place without obtaining a permit from the development services director or city engi- neer. A. Encroachment Permit. An encroach- ment pen -nit is required to encroach upon any portion of city public space, right-of-way or easement area with permanent structures. To encroach means to construct, erect or maintain in, over or under any public place, right-of- way, easement, roadway, parking strip and/or sidewalk, including the airspace above them', any structures permanent in nature, including but not limited to, building extension, mar- quee, fence, retaining wall or any other build- ing or structure. B. Street Use Permit. A street use permit is required to use any portion of public space or city right-of-way for objects which are tempo- rary in nature. 1. To "use" means to place or maintain in, over or under any public place, right-of- way, roadway, parking strip and/or sidewalk, including the air space above them, any tempo- rary or movable object. 2. "Temporary in nature," in reference to street use permits means not having or requiring permanent ait�chment to the ground, or involving structures which have no required permanent attachment to the ground. 18-70.020 Neither of the above definitions shall be interpreted to prohibit the parking of a prop- erly licensed vehicle within the parking strip adjacent to their property line of sight, and street plantings. [Ord. 3485 § 2, 2004 . 18.70.010 Exemptions. This chapter shall not apply to: A. Any noncommercial use (such as resi- dential, churches, schools, etc.) in areas zoned residential, which does not involve a building or structure. This exemption shall not be con- strued to grant any vested right of use or to per- mit the continuation of such use and such uses are hereby deemed and declared to be permis- sive and shall be promptly removed upon the order of the city of Edmonds. B. Installation of fences across city utility easements, if the city's easement is not for vehicular' access and a point of access (e.g., gate) is provided to allow the city a point of entry to the easement area. Fences shall be.per- mitted in accordance with this chapter and the provisions of this code prior to their installa- tion. [Ord. 3485 § 2, 2004]. 18.70.020 Applications. Applications for street use or encroachment permits shall contain, in addition to the infor- mation required under any other applicable city code, the following information: A. Street Use Permit. 1. Architectural design board approval, when applicable. 2. Certificate of insurance. 3. Complete street use permit applica- tion,. B. Encroachment Permit. 1. Critical areas determination, when applicable. 2. Architectural design board approval, when applicable. 3. Paxtial site plan, to be recorded with Snohomish County, clearly showing,proposed encroachment, private property lines, all exist- 18-33 lm­­ 1­11 E 0 18.70.030 ing structures and driveways, easements and/or public property (developed or undevel� oped). 4. Legal description, including copies of all recorded easements on -the property. 5. Elevation view or side view of the proposed encroachment. . 6. Ownership. Evidence showing the applicant to be the agent record owner of the property immediately a4joining the public place or right-of-way. 7. Certificate of insurance. 8. Complete encroachment permit appli- cation. 9. Complete encroachment agreement, to be recorded with Snohomish County. C. Such other information as the city engi- neer or designee of the development services director shall designate. D. The encroachment agreement shall require prompt removal of the encroachment by the applicant at his/her/its expense upon reasonable demand by the cityengineer and be legally adequate for recording in the land records of Snohomish County and the chain of title of the applicant's property. Such encroachment agreements may be executed as acknowledged on behalf of the city by the city engineer and recorded by the city clerk follow- ing approval as to form by the city attorney. [Ord. 3485 § 2,2004). 18.70.030 Review. A. Architectural Design Board. Any appli- cation for a permit to construct, erect o"imain- tain an awning, marquee, sign or any structure in a public place may be referred by the devel- opment services director or his/her designee to the architectural design board. If referred to the board, the board shall review the plans and specifications as they relate to Chapter 20. 10 ECDC. Applications for mobile street vending units shall be reviewed in accordance with ECC 4.12-055 by the architectural design board. B. Issuance by Development Services Director or City Engineer. The development services director, city engineer or their respec- tive designees may administratively, without hearing, approve a street use or encroachment permit if. 1. The proposed use shall not interfere with vehicular or pedestrian traffic, including but not limited to the following requirements: a. No portion of the public right-of- way designed and intended for vehicular traf- fic or parking shall be permanently occupied; b. Requirements of the State Build- ing Code, including but not limited to all pro- visions relating to disabled accessibility and barrier -free design requirements shall be met; c. Any mobile vending units shall be properly licensed pursuant to Chapter 4.12 ECC; and d. Adequate compensation has been paid for use of the public right-of-way (see subsection D of this section); 2. The architectural design board has reviewed and approved any proposal which includes a request to construct, erect or main- tain an awning, building, sign or any building or structure; 3. The proposal will not unreasonably interfere with the rights of the public; and 4. The proposal (if for an encroachment) benefits the public interest, safety or conve- nience (e.g., supports or protects the city street, reduces pedestrian hazards). C. Bay Windows, Decks, and Related Architectural Features. In an effort to allow for more creative designs and a better overall appearance in the downtown area, bay win- dows, decks, and related architectural features may . encroach into the public right-of-way within the central business district or any other zone in which no setback from the lot line is required, subject to the following require- ments: 1. All conditions and requirements set forth in this chapter have been met and ade- quate compensation has been paid; I (Revised 2/04) 18-34 0 0 Edmonds Community Development Code 2. The encroachment shall not occur over alleys; 3. The building encroachment shall not project more than two feet (24 inches) into the right-of-way; 4. The encroachment shall not exceed 30 percent of the length of the facade on any one side of the building; 5. The encroachment shall provide for a minimum clearance height of eight feet over any pedestrian right-of-way and a minimum clearance height of I I feet over any vehicular right-of-way, whichever is greater; 6. The encroachment shall be approved by the architectural design board as contribut- ing to a modulated facade design which enhances the variation and appearance to the public of the overall building design and pub- lic streetscape. D. Appeal. The decision of the develop- ment services director, city engineer, or their respective designees, may be appealed to the hearing examiner under ECDC 20.105.030; provided, however, that the establishment of compensation for use of the public right-of- way is a legislative decision of the city council and is not subject to judicial review. E. Insurance Requirement. When the appli- cation is for use or encroachment onto a public right-of-way including, but not limited to, streets, roads, alleys, trails, sidewalks, bike - paths, pedestrian easements, and any other easement intended for the use of the public, the applicant will be required to provide and con- tinually maintain during the term of the 'permit a certificate of insurance naming the city as an additional insured, with respect to liability and providing that it shall be primary as to any other policy of insurance. The policy must contain the additional insured statement, cov- erage amounts and cancellation notification indicated on the sample insurance form pro- vided by the city. In addition, the applicant shall sign a covenant to hold harmless and indemnify the city which will be recorded and run with the land in a form approved by the city attorney. 18.70-040 F. Nothing herein shall be interpreted to permit the base or ground support for any sign to be located upon or attached to the ground within the public right-of-way. [Ord. 3485 § 2, 2004]. 18.70.040 Revocation. A. 1. Except as provided below, all per- mits approved under this chapter shall be tem- porary, shall vest no permanent right and shall be issued and may in any case be revoked at the sole discretion of the city upon 30 days' notice, or without notice, in the event any such use or occupation shall become dangerous; any structure or obstruction so permitted shall become insecure or unsafe; shall become a public nuisance; or shall not be constructed, maintained or used in accordance with the pro- visions of this chapter. The determination by the city engineer that a structure is dangerous, insecure, unsafe, a nuisance or has not been constructed, used or maintained in accord with this chapter shall be conclusive. 2. Permits shall also be revoked, if fol- lowing written notice of the lapse of an insur- ance policy required to - be maintained by ECDC 18.70.030(E), the permittee fails to supply a valid certificate of insurance. B. Permits issued for architectural features pursuant to ECDC 18.70.030(C) shall be issued for an initial term of 10 years. A permit for an architectural feature may be revoked at any time as provided in subsection A of this section. If revoked before the end of the 10- year term, at the will of the city, the holder of the permit shall be reimbursed for any consid- eration provided for the* permit. Reimburse- ment shall not be required if the permit is revoked due to its having become dangerous, a public niiisance, unsafe or is not constructed in accord with the terms of permit issuance. Per- mits for architectural features shall be auto- matically renewed, if not revoked by the city, for additional I 0-year terms subject to such additional consideration as the city may require. 18-34.1 (Revisad 2/041 0 18.70.050 C. If any such structure, obstruction, use or occupancy is not discontinued on notice to do so by the city engineer and within the time period designated, the city engineer may remove any structure or obstruction, or make such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, at the expense of the permittee, or his successor, and such expense may be recorded as a lien and otherwise collected in the manner provided by law. [Ord. 3485 § 2, 2004]. 18.70.050 Fees. Application fees for street use or encroach- ment permits are those established by the city council by resolution in its sole legislative dis- cretion. Application fees shall be paid to the city prior to issuance of any permit. There shall be no judicial appeal from a determination of the compensation to be paid for the use of pub- lic right-of-way. [Ord. 3485 § 2, 2004]. Chapter 18.80 STREETS AND DR11VEWAYS Sections: 18-80-000 Adoption of standard specifications. 18.80-005 Highway access management — Administrative process. 18.80.010 Street standards. 18-80-020 Plans and specifications. 18.80.030 Storm drainage. 18-80-040 Surfacing and base preparation. 18.80.050 Utilities. 18-80.060 Driveway and curb cut requirements. 18-80.'070 Street slope requirements. 18.80.000 Adoption of standard specifications. The documents listed in this section are adopted by this reference subject to changes made in this chapter. The city clerk and city engineer shall keep these documents on file for public review. All new public works construe- tion shall conform to the standard's contained in these documents. The reconstruction of existing facilities shall conform to the stan- dards as closely as is practical and economi- cally feasible. A. Public Works Construction. All public works construction undertaken by the city with funds provided by the state of Washington, all projects for which the use of such specifica- tions are required by the state and all projects for which said specifications are required by order of the city engineer, shall be undertaken in accordance with the standards contained in Standard Specifications for Road, Bridge and Municipal Construction prepared by the Washington State Department of Transporta- tion and -the American Public Works Associa- tion3 Washington State Chapter, as the same exists or as hereafter amended, along with any amendments and general special provisions (GSP) promulgated thereunder. Increased requirements may be imposed as a result of (Revised 2/04) 18-34.2 Page I of I McConnell, Jeanie From: ronafisher@comcast.net Sent: Monday, August 08, 2005 8:30 AM To: Mcconnell@ci.edmonds.wa.us Subject: Permit E-05-003 Good Morning, We recieved your correspondence in the mail regarding the ongoing review of our encroachment permit. We're confused as to the question regarding proving that our encroachment benefits public interest, safety or convenience. We submitted two pages of signatures from people in our neighborhood who overwhelmingly support the changes we've made including the fence. We have yet to find any named persons who do not publicly support the fence. Please note also that we are only recently aquainted with many of the neighbors that signed the paperwork we submitted, so its not like they are signing because they want to do us a favor. They genuinely support the fence because of the improvement to the neighborhood from a beautification, property value and traffic safety standpoint over the prior condition of the land including the public right of way. Do we need to have our neighbors come down and submit statements in person? If not, what do you suggest as a proper course of action? Thank you very much for your time and consideration. Ron and Mia Fisher 425-673-4324 ronafisher(a)comcast. net 8/15/2005 0 0 August 9,2005 Development Services Att: Jeanie McConnell 121 Sth Ave N. Edmonds, WA 98020 Re: Permit E-05-003 Dear Ms. McConnell: RECEIVED AUG 12 2005 ENGINEERING DIVISION Per your letter dated August 5,2005, 1 am providing information on how our fence encroachment benefits the public interest, safety, and convenience per Chapter 18.70 of the ECDC. Our fence benefits the public interest by: 0 Raising the surrounding property values by improving our property's appearance. Many neighbors who signed our petition remarked how apprehensive they were when the trees were first removed, but now they are even happier with the new fence and the smaller trees and shrubbery. Our fence benefits the public safety by: Providing greater visibility at the intersection of 242 nd and 88th pl W. Since our property is a corner lot, the overgrown cedar trees (which grew along 881 P1 W) made it difficult for vehicles leaving our street to have a clear view to 242 nd St. Now that the trees are gone and we removed our fence encroachment on 881 PI W, there is an unobstructed view for vehicles leaving 88th PI W turning onto 242 nd St and vice -versa. Eliminating dense foliage where a criminal could hide to attack pedestrians. Since our property borders 242 nd St, which is a main street for our neighborhood, pedestrians need to feel safe. The dense foliage that existed before our new fence was constructed could provide a, hiding place for an attacker. Our fence encroachment and subsequent planting of small trees and shrubbery prevents anyone from being able to hide along the street. Protects city streets and pedestrians from failing branches and failing trees. First, the trees that were removed were tall and unhealthy. It was likely that any of them would fall over in the next windstorm. Many dead branches were lodged between the trees. Second, our fence encroachment prevents the planting of tall trees along 242 nd St SW. Our fence benefits the public convenience by: Removing added work for the city and public utilities departments (Snohomish PUD, telephone companies, cable companies, etc) to top the trees so they can access their overhead lines. For these reasons, we ask that you please approve our fence encroachment permit. Sincerely, //�Z;q X,,,- t-L Ron and Mia Fisher 24211 88th pl W Edmonds, WA 98026 ronandmia@comcast.net Tel: 425-673-4324