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342 SUNSET AVE N.PDFIIIIIIIIIIIIII 13358 342 SUNSET AVE N Mr. Don Largen Hearing Examiner Pro Tem City of Edmonds 121 - 5th Avenue North Edmonds, WA 98020 fteef .jVf.1D V,E,B DEV"V-0pow RECEIVED FEB 2 2 2000 ENGINEERING James W. Wassall 342 Sunset Avenue N. Edmonds, WA 98020 February 22, 2000 Reference: Findings, Conclusions and Decision of the Hearing Examiner, Case SM 99- 176, February 11, 2000 Dear Mr. Largen: In response to your decision to approve the Shoreline Substantial Development Permit, I respectfully request that you reconsider your decision in this matter based on the following information: 1) There are several areas on Sunset Avenue where people can gain access to the tracks. However, erosion has made all but two of these areas dangerous and almost impossible for use by trespassers. One of the usable areas is a convenient path with gentle slope at the foot of Bell Street. The fence is proposed to run from Edmonds Street to Caspers Street and would not affect people going down to the tracks at the foot of Bell Street. The other usable area is the concrete steps opposite 396 Sunset Avenue North on the west side of Sunset Avenue. These steps make it very convenient for trespassers to get down to the tracks. If Burlington Northern Railroad is so concerned about restricting access to the tracks, why have they not removed the concrete steps that are on the Burlington Northern right of way? 2) This business with the fence has been going on for years. I am not aware of any resident who wants a fence built on the top of the bluff. I see people trespassing on the tracks quite often, particularly when the weather is dry. These people, for the most part, get on the tracks at Main Street. Almost no one gains access to the tracks other than at Main Street and the two areas mentioned in 1) above. 3) Burlington Northern has previously argued (August 11, 1995, Request for Reconsideration) that the fence cannot be located at the base of the bluff because the temporary fence was located in the track ditch next to the tracks and they could not properly maintain the ditch. The temporary fence has been gone for some period of time now and I do not see any maintenance of the ditch flow line. Water is allowed to pool in the ditch and probably does soften the track subgrade, etc. A substantial fence could be built at the base of the bluff without affecting the ditch. 4) Your Exhibit A, Attachment 20, Washington Utilities and Transportation Commission letter stated, in part, "... the Commission will extend the temporary fencing and increased train speeds until May 1, 1996. After that date, the Commission will again review the matter and determine whether to extend or rescind the train speed increases." I am not aware whether or not the Commission reviewed the matter and made a determination. The trains have been running at the increased speeds for several years now with no fatalities to trespassers or even any injuries that I am aware of In light of this, I do not believe that any fence at all is necessary to protect the public. The City of Edmonds should request that the Commission review the matter and grant a permanent speed increase with no requirement for a fence. 5) To the best of my knowledge, the Edmonds Architectural Review Board has never reviewed much less approved the proposed fence. Based on the above, I respectfully request that you reconsider your decision to have the fence located at the top of the bluff and render a decision to have the proposed fence installed at the base of the bluff as all of the residents desire. Alternatively, the City of Edmonds should request that the Washington Utilities and Transportation Commission reconsider their decision to require any fence at all. I think this latter is the best decision you could render. If you deny my request for reconsideration, I strongly urge you to require that the fence be extended to the south past the easy access path at the foot of Bell Street. If you have any questions, please call me at (425)672-1319. Very truly yours, James W. Wassall Resident cc James Walker, Edmonds City Engineer ake inn, Edmonds City Engin-e:er:� '-T RNTs-o-n-, Edmunds-Pfi g z ivisl OinEiDivision Stephen Sullivan, Edmonds Architectural Review Board James W. Wassall 342 Sunset Avenue N. Edmonds, WA 98020 February 22, 2000 Mr. Don Largen Hearing Examiner Pro Tem RECEIVED City of Edmonds FEB 2 2 2000 121 - 5th Avenue North Edmonds, WA 98020 ENGINEERING Reference: Findings, Conclusions and Decision of the Hearing Examiner, Case,SM 99- 176, February 11, 2000 Dear Mr. Largen: In response to your decision to approve the Shoreline Substantial Development Permit, I respectfully request that you reconsider your decision in this matter based on the following information: 1) There are several areas on Sunset Avenue where people can gain access to the tracks. However, erosion has made all but two of these areas dangerous and almost impossible for use by trespassers. One of the usable areas is a convenient path with gentle slope at the foot of Bell Street. The fence is proposed to run from Edmonds Street to Caspers Street and would not affect people going down to the tracks at the foot of Bell Street. The other usable area is the concrete steps opposite 396 Sunset Avenue North on the west side of Sunset Avenue. These steps make it very convenient for trespassers to get down to the tracks. If Burlington Northern Railroad is so concerned about restricting access to the tracks, why have they not removed the concrete steps that are on the Burlington Northern right of way? 2) This business with the fence has been going on for years. I am not aware of any resident who wants a fence built on the top of the bluff. I see people trespassing on the tracks quite often, particularly when the weather is dry. These people, for the most part, get on the tracks at Main Street. Almost no one gains access to the tracks other than at Main Street and the two areas mentioned in 1) above. I 3) Burlington Northern has previously argued (August 11, 1995, Request for Reconsideration) that the fence cannot be located at the base of the bluff because the temporary fence was located in the track ditch next to the tracks and they could not properly maintain the ditch. The temporary fence has been gone for some period of time now and I do not see any maintenance of the ditch flow line. Water is allowed to pool in the ditch and probably does soften the track subgrade, etc. A substantial fence could be built at the base of the bluff without affecting the ditch. 4) Your Exhibit A, Attachment 20, Washington Utilities and Transportation Commission letter stated, in part, "... the Commission will extend the temporary fencing and increased train speeds until May 1, 1996. After that date, the Commission will again review the matter and determine whether to extend or rescind the train speed increases." I am not aware whether or not the Commission reviewed the matter and made a determination. The trains have been running at the increased speeds for several years now with no fatalities to trespassers or even any injuries that I am aware of In light of this, I do not believe that any fence at all is necessary to protect the public. The City of Edmonds should request that the Commission review the matter and grant a permanent speed increase with no requirement for a fence. 5) To the best of my knowledge, the Edmonds Architectural Review Board has never reviewed much less approved the proposed fence. Based on the above, I respectftdly request that you reconsider your decision to have the fence located at the top of the bluff and render a decision to. have the proposed fence installed at the base of the bluff as all of the residents desire. Alternatively, the City of Edmonds should request that the Washington Utilities and Transportation Commission reconsider their decision to require any fence at all. I think this latter is the best decision you could render. If you deny my request for reconsideration, I strongly urge you to require that the fence be extended to the south past the easy access path at the foot of Bell Street. If you have any questions, please call me at (425)672-1319. Very truly yours, James W. Wassall Resident cc James Walker, Edmonds City Engineer Mike Linn, Edmonds City Engineer Jeff Wilson, Edmonds Planning Division Stephen Sullivan, Edmonds Architectural Review Board �f Ile. 1891, CITY OF EDMONDS GARY HAAKENSON 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - FAX (425) 771-0221 MAYOR DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering '��O:cmv L��m March 10, 2000 14AR 14 mv Mr. & Mrs. James Wassal 342 Sunset Avenue North Edmonds, WA 98020 Subject: NOTICE OF COMPLETENESS AND ASSIGNMENT OF HEARING DATE Dear Mr. & Mrs. Wassal: Your appeal file has been determine to be complete and has been scheduled for a closed record public meeting at the time and place listed below. Action: Appeal of SM-99-176 File No. Assigned: AP-00-26 Date of Hearing: APRIL 4. 2000 Time: 7:00 P.M. or as soon thereafter as possible. Place: Plaza Room, Edmonds Library 650 Main Street Hearing Body: Ci1y Council Please be aware that your presence at the closed record public meeting is highly advisable. If you do not attend the item may be moved to the end of the agenda. If you have any fiwther questions, please do not hesitate to contact me at 771-0220. Sincerely, Development Services Department - Planning Division Je ey . Wilson, AICP Planning Supervisor pc: File No. AP-00-26 File No. SM-99-176 Jim Walker, City Engineer Mike Linn, Construction Engineer Trent Hudak, Manager Engineer * Burlington Northern Santa Fe Railroad 9 2454 Occidental Avenue South, Suite I -A 9 Seattle, WA 90134-1451 Edward P. Allard, Project Engineer 9 Burlington Northern Santa Fe Railroad o 2454 Occidental Avenue South, Suite I -A * Seattle, WA 90134-1451 M-W26�Na= OF C0MPLZMQM.1XX 0.V10/00.00RAEWMNanCE Incorporated August 11, 1890 Sister City - Hekinan, Japan A CITY OF EDMONDS 200 DAYTON ST. - EDMONDS, WASHINGTON 98020 * (206) 771-3202 DEPARTMENT OF PUBLIC WORKS CERTIFIED 14AIL File No. 05.2.21 March 31, 1983 Mr. Dewey Leyda 342 Sunset Ave. N. Edmonds, WA 98020 PROPERTY DESCRIPTION: 1-006 (Acreage) Gov't Lot 2 & S.E.k of S.E.k Sect. 23, T.27N., R.3E.WM Re: 342 Sunset Ave. N. Edmonds, WA 98020 Dear Resident: HARVE H. HARRISON MAYOR 41% Zi rn Fk On February 17, 1981, the Edmonds City Council passed Resolution 488 for construction, reconstruction, and repair of deteriorated sidewalks. A letter dated March 16, 1981 was sent to residents that were required to repair the sidewalk abutting their property. A certified letter was also sent dated June 15, 1982. The improvements of sidewalks in need of repair at the expense of the abutting property owner is provided by City Ordinance, Chapter 7.20 and Revised Code of Washington, Chapter 35.69. The areas needing repair have been marked in paint on the sidewalk adjoining your property. Reconstruction permits must be obtained from the Building Department located at 250-5th Ave. N. within thirty (30) days upon receipt of this final notice. The permit fee for the sidewalk repair has been waived by the City of Edmonds. In the event you have not obtained the reconstruction permit within thirty (30) days, the City forces will commence with the reconstruction of the sidewalk, and the City will bill the abutting property owner. This action is in response to many citizen requests and pedestrian falling accidents which have been increasing in recent years as a result of sidewalk deterioration and increased pedestrian traffic. If you have any questions regarding this final notice, please call Bill Stroud at 771-3202, extension 289. Sincerely, 0 1-7 -2 'e,' BOBBY R. MILLS Acting Supt. of Public Works BS/ml L-3 200 DAYTON ST. - EDMONDS, WASHINGTON 98020 - (206) 771-3202 DEPARTMENT OF PUBLIC WORKS FIED MAIL June 15, 1982 Mr. Dewey Leyda 342 Sunset Ave. No. Edmonds, WA 98020 lrp% HAAVE H. HARRISON MAYOR PROPERTY DESCRIPTION: 1-006 (Acreage) Gov't Lot 2 & S.E.k of S.E.k Sect. 23, T.27N., R.3E.WM Re: 34.2 Sunset Ave. No. Edmonds, WA 98020 Dear Resident: On February 17, 1981, the Edmonds City Council passed Resolution 488 for construction, reconstruction, and repair of deteriorated sidewalks. A letter dated March 16, 1981 was sent to residents that were required to repair the sidewalk abutting their property. The improvement of sidewalks in need of repa�r at the expense of the abutting property owner is provided by City Ordinance, Chapter 7.20 and Revised Code of Washington, Chapter 35.68. The areas needing repair have been marked in paint on the sidewalk adjoining your property. Reconstruction permits must be obtained from the Building Department at 501 Bell Street within 30 days upon receipt of this certified letter. The fee for the sidewalk repair has been waived by the City of Edmonds. In the event these improvements are not completed within ninety (90) days upon receipt of this certified letter, the City will employ a private contractor to perform the designated repairs and the City will bill the abutting property owner. This action is in response to many citizen requests and pedestrian falling accidents which have been increasing in recent years as a result of sidewalk deterioration and increased pedestrian traffic. If you have any questions, please call Bobby Mills at 771-3202, ext. 289. Sincerely, JOHN B. MITCHELL Superintendent of Public Works BM/ml & 0 0 CITY OF 200 DAYTON ST. - EDMONDS, WASHINGTON 9BO20 - (206) DEPARTMENT OF PUBLIC WORKS iM.-u-ch 16, 1981 Dear Resident: HARVE 11. HARR!SON M, A'e ON. On February 17, 1981, the Edmonds City Council passed Resolution 488 for construction, r(�construction and repair of deteriorated sidewalks. A T)Uhlic hearing will he held in the Council Chambers at the Civic ('enter on April 21,1981 at 7:30 P.M. You are invited to attend this hearing for discussing 'repair of portions of deteriorated sidewalk abutting your property. The improvoment. of sidewalks in need of reoair at the expense of the ahuttincl propertv owner is provided bv City Ordinanc(�, Chjipter 7*.20'and Revised Code of Washington, Chapter 15.08. The areas needing repair have h(�(_-n inarked in naint on the sidewalk adjoining your proj)eT-t-.%1. I�nconF;truction and repair of these sidewalks must be c(mloloted on or before September 1, 1981. In the event iMr)r(-)v(.,ments are not completed within the above specific-d t-Ajiv., 0 V - t 1) city jill perform and complete the improvements at. t-h(� expense nE the abutting property owner. This action is in response to mi-)ny citizen requests and pedestrian falling accidents which have been increasing in recent years as a result of sidewalk deterioration and increased pedestrian traffic. Sincerely, FRI-:[) I-'. III-I'UBEK Dit-QC-tor of Public Works SPEED MC'MnSE "10 30 fills 101�1 'fills FROM recilia Leyda -----CttY of Mmonds-Ilate 349 Sunset Fdmonri-, 1-ja SL,13JECT— D AT Z 10-19-85 I wish -to thatnk you very much for chec nablem that T had- ----I'ccording to _Your man the problem Ls. taken rare nf- I also wish to t�tat was_wo and T have fripd to get -omp inEormatinn from tb—ev7at-er-dp4LL. and we dicinft- g—ret-anywherp- I knnw it sounds qt]'Pid Of me not to know- - --y-h a —tt 0- do—hut-1- d i dn I t- - If they had only said-11why cinnit- Vni, call g0hhy Njjj_j_s__4)_r _qaMathing-like t-hat- .1 C0111d haVe got-t-en to thp hnftnm of the probI m withol-it it; C-0sting— me an excess of $500-00, T am nn,ly saldnar thl-, so that T-Blybe-You Could a] rt your people to he as heIpfnI.?as mou havp hpp for that Sincerely, EY ut, I ;�;I 140.) FORD 44-000 2-PAnTS 1070 VILSON iorlt!S COUPArly 1901 - NIHITED IN U.S.A. Z::ITV OP 200 DAYTON ST. -EDMONDS. WASHINGTON 98020-(206) 775-2525 DEPARTMENT OF PUBLIC WORKS January 22, 1980 Dewey Leyda 342 Sunset Drive Edmonds, Washington 98020 Dear Mr. Leyda: HARVE H. HARRISON MAYOR The City of Edmonds is currently engaging in,a program to improve its'sewage wastewater trea-tment system., One of the major parts of'the program is reducing the volume of flow into our treatment plant. A major item contributing to this problem is the infiltration of storTmiater runoff from roofs, drains, etc. into our sanitary sewers. A series of tests were completed by an independent engineering firm. They pumped smoke into sewer lines and recorded where it was escaping, thereby locating the stormwater infiltration sources. Your property contains such a source and the Citv now requires, by Ordinance, that this problem be corrected. The attached sketch shows your property and the sources of infil- trating stormwater. Please contact' the Engineering Division by the date indicated on the sketch. Members of the staff will be glad to advise you as to your best solution. Please contact Dan Smith or Bob Franklin at 775-2525, extension 220, for assistance. DS:BF:jak Attachment Yours very truly, FRED F. HERZBERG, P.E. Director of Public Works yoq 0 -79 MAP i*�' 4- 1 It'30 )a�2115C 64 lle4l APPLICATION for The City of Edmonds SEDE SEWER PERMT NEW CONSTRUCTION El REPAIRS 0 EASEMENT No . .......................................... 112-06500 OVVNER........... j��..�PY4 ....... --------------------- * ----------- CONTRACTOR .............. ............................................................ ...................... PERMIT No . ...................... ADDRESS ....... 342 ... 5.unse-t ... Ave..J ...................................................... LEGAL DESCRIPTION: LOT No . .............................................. BLOCK No . ........ . ... . .............. . ..... NAME OF ADDITION .......................................... 40 0 Sewer Dye Tested 1972 Approved: DATE................................................ By ...................................................................... CL C5 0 co M E 8 4 -J6 8 2 5 9 43 V� �01 L1_ f, V: � L L, 3' [�-'j A L NO INsunANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (Sp.p R(-.vprqpl SENTT5 Dewey Leyda STREET AND NO. -3-4 2-Suns-e-t-Ave— /do_. P 2.,d MTA TOE A Nd z1PcOVA 98020 n S, POSTAGE $ CERTIFIED FEE SPECIAL DELIVERY _13_E_STRICTbD cc _DELI VERY — 2 co SHOW TO WHOM AND Lw> DATE DELIVERED W SHOW TO WHOM, DATE co co i- E- AND ADDRESS OF DELIVERY 2 U SHOW TO WHOM AND DATE 15: DELIVERED WITH RESTRICTEC DELIVERY ca (F SH)WTO.V To V W�ESSF,DEI6JVMRYWITH I ADDR AESTYICTED DELIVERY - TOTAL POS TAPANP%W $ T69T M -AR K 6-1 62"DOV-6/6& : Od94 C 2 ri C r S 0 SENDER: Complete items 1, 2, and 3. our address in the "RETURN TO" space on 1. The following service is req ue6ed- (check one). JK] Show to whom and date delivered .......... F] Show to whom, date, and address of delivery. RESTRICTED DELIVERY Show to whom and date delivered .......... F] RESTRICTED DELIVERY. Show to whom, date, and address of. delivery. (CONSULT POSTMASTER FOR FEES) 2. ARTICLE ADDRESSED TO: Dewey Leyda 342 Sunset Ave.00. Edmonds, WA 98020 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO INSURED NO. 4968255 I 1 (Always obtaln signature of addreswe or agent) I have received the article described above. �,SIGNATUR� E) Addressee Authorized agent J 4. 1>1DATE :!�LIV R r7l RK 71.r 5. ADDRESS (Complete only it reque 6. UNABLE TO DELIVER BECAUSE: CLE N �VOAI� SS 11 10 � SINH313 nnvoin USAII90 01 310VNri rjm It Alva "asi.ft M 61 AHRIA11-1130 JOITAM0 juase VEI 9m33PPV0 aunivimuts woqv pariljosap PID9.19 01ft PaAT3001 QAtIq I (luafie jo eisn3atpps jo canixullis ulraqa z,1mmjVj JZ. ��6 6 LUT 1 'ON 0311('119NI ON C31:1111U30 'ON Q3U31SI0.9U :N011dl 1�-�53a :1101121JV, r OZO26 VM 'SPUOWPa 'N -9AV qaSUnS.ZfC PP7,9q Aamac :01 1335S3UU(3V 3131111liv 1; S'AJ-112P JO b&9JPPU PUU ';nPp 'LUPtlAi 01 A'.OlqS 0 . ............ plaJaAll0p a)0P PUU 111o'llAt 01 M04S XIMAI712(1 09-1011UFM :b— , '410A!j0p JO S601PPE PUS GJUP 'WOqA% 01 tAOIqS 0 . ............ POIDAIJUP aj8P P110 LUOtINL Ot tAOTIS Couo )Ioinla) paisonboj sl oaWos 3uqmoUqj-oxlj UO —ds OJL Ndrda& alp UT V101ppe InoA ppV e U GPO: 1978-272-382 P 319, 942 200 11EMPT-FOR CERTIFIED MAIL NO INSUR ANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Re�orse) P.O., STATE AND ZIP CODE Edim qgoao POSTAGE CERTIFIED FEE Go — —_ LU SPECIAL DELIVERY RESTRICTED DELIVERY SHOW TO WHOM AND DATE DELIVERED Lu SHOW TO WHOM, DATE.. W ANDADDRESSOF DELIVERY 2 Uj WHOM A —NO OFT—E IZ = DELIVERED WITH RESTRICTE1 DELIVERY CD a — ___ t=�j �HOWT_OWHOMDATEAND ADDRESS OF DELIVERY WITH 0 RESTRICTED DELIVERY TOTAL POSTAGE AND FEES POSTMARK 011-6A—TE b 00 46 E 0