555 WALNUT ST (2).PDF11111111111111
13659
555 WALNUT ST
FROM : Panasonic PPF
MQR 19 197 09;54AM OPS CENTER LOBBY
MAR.19.1997 9:3enm P 1
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Permit No. 97-0 V
TREE. REMOVAL PERMIT
Permission is hereby granted to the PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY,
Its successors and/or assigns to
RrAV as marked, Cut firewood Into. 160inch lengthst N08W, (3 tree certificates).
Total Tree RemovLas over 5" DBH:
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fz'�F W "Pr A)
The codes used gibove are defined as follows:
RMV - Remove as m,uted
ST - Side trim (11mini ruay be trimmed flush with the wz&)
RTS Brush - Remove to Specs ALL BRUSH & TRE5 BRUSH (includes Vinc.-Maple. Hazelnut,
8811211. 3.9monberry.
RTS Tree Brush - Remove to Spa" all Tree Brush less ftn 5" in diameter. at any holght: Tree Brush C-onaists of;
BLbd -Big Lcdbdaple ALD -Alder CAS ' Cascara WIL-Willow COT-Cgttonwood
HEM-Homloak CRY-WildCheffy LOC-Locust
77S - Trim for 121 of cloarance from primary condww, unless otherwise specified
VL - Drop and Icave.treas out down, wood and branches left for customer cleanup
Top & Shape - 2' below phone line, unless otherwise specified
Y,
and further to out and remove underbrush which might endanger or. interfere with the Maintenance or
operation of the District's electrical facilities which are . upon or adjacent to property of the undersigned
, at the following (ocation;
555 Walnut St
Edmonds, WA 98020
it is understood that the work shall be done with cars, at no expense to mei, and the trimmings
removed by said Public Utility District. It Is also underatood that all wood larger than 511 in
diameter will be left In approximately 40 lengths for my use.
Owner's Name Monte Clouston R 3,6& P0
Notification Foraster
Owner's.Signature: �Zxd
.- 7"
Address:: 71'1 81-,96.W 0 &wm>4
T-J,mephone: DATE: 7
If you have any questions regarding the tree trim work, please contact me (toll free in Washington
1-800-562-9142, Ext. 6694) or (208) 347-5594
Sign and date; return copy in enclosed envelope (No postage raqwired)
STRE"T FILE
7rlatts
company
ULTRA -DRAIN
PREFABRICATED DRAINAGE STRUCTURES
ULTRA -DRAIN is a two -layer composite consisting of:
1. high compressive strength polymeric core, and
2. Amoco filter fabric (woven or non -woven).
The filter fabric is securely bonded to the waffle -like plastic
core, preventing soil from migrating into the flow channels of
the core.
ULTRA -DRAIN conforms to the property values listed in the
following tables:
CORE:
Color
Weight
Thickness
Compression Strength
Flow Rate
Fabric
Grab Strength-lbs
Equivalent Opening Size
Weight - Oz.
STYLE
Non -woven
70/100
4.5
TYPICAL VALUES
Black
2.9 oz.
.38 in.
18,000 psf
15 g/m/f
Woven
4557
1199
250
350
70/100
30/50
12
7
PACKAGING
ULTRA -DRAIN is available with woven or non -woven fabric bonded to
the core in the following size:
41 X 8' interlocking panels..
The fabric exten-ds beyond the p-6-1-ym-ke-ric core (3 inches minimuni)
to provide overlap with adjacent panels and/or sleeve for
drainage pipe.'
** The aforementioned panel size is standard, but can be
manufactured to meet specific needs.
CHARLES R WATTS CO 4121 SIXTH AV NW SEATTLE, WASHINGTON 98107
206/783-8400
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STREET FILE -'-
RECi:�IVED
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555 WALNUT SITE PLAN MAP
APR 2 11988
----------------------
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NORTH
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TP-*,
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71LJL,�
BUILDING CORNER ELEVATIONS
---------------------------
CORNER 119.0
7-7- N W.L CORNER 130.0
',4 S. E. C
ORNER
120.0
S.W. CORNER 116.0
--------------------------
AVERAGE 121.25 SCA (FEET)
7 ---- ---------------- I
ALLOWED HEIGHT 30.00 20 30 '1'0 so
AmUT-------------------------- KIM
HONG CONSULTI ALLOWED TOTAL ' 151.25
-------- ------ ------
BUILDING HEIGHT 151.00
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STRE'�T FILe
M E M 0 R A N D U M
October 4, 1989
TO: File - Clouston Development
555 Walnut
FROM: Bob Albertq-t&l�ngineer
SUBJECT: VARIANCE REQUEST TO PARKING LOT SLOPES
LETTE—FTE--QUEST FROM MR. CLOUSTON TO
MR. ALBERTS RECEIVED SEPTEMBER 22, 1989
The parking lot request was reviewed and the parking lot inspected by
Mr. Gordie Hyde, Engineering Coordinator. The following was determined:
1) The parking lot was not constructed to the plans approved by the
Engineering Division but to plans on file with the Building
Division.
2) The driveway slopes exceed 6% but are less than 14%.
3) Parking is perpendicular to the access lane, thereby, making the
steeper areas no greater than 20 feet in length.
4) To reconstruct the parking lot would require removing and
reconstructing a reinforced concrete retaining wall adjacent to a
City alley and/or the building. To remove the retaining wall,
major excavation work would have to be done in the alley adjacent
to existing structures. Any reconstruction work would disrupt the
neighborhood and impact adjacent properties. The costs would not
be routine for a parking lot.
5) Parking bumps were installed to mitigate the steepness of the
slopes. This safety measure appears to be working effectively.
6) A waiver would not be detrimental to the City.
The request and site conditions meets the criteria for waivers. A
waiver is granted.
RJA/sdt
Attachment
CLOUSTN2/TXTST530
CRITERIA OUTLINE
FOR
WAIVERS TO
PARKING LOT SLOPES (ECDC 18.95.020)
The City Engineer will use the following criteria in reviewing waiver
requests to increase the maximum parking lot slope of 6% up to a
maximum slope of 14%. No parking lot waiver will be approved if the
grade and parking lot design may pose a hazard or otherwise endanger
the public's health, safety, or welfare. In granting a waiver, the
following shall be considered where applicable:
0 Waiver request is not for the sole purpose of circumventing other
City Code requirements, general convenience, or to reduce routine
construction cost compared to similar projects.
0 Site conditions or other City requirements necessitates the
request (protection of streams, trees and vegetation, storm
drainage and groundwater concerns, impact on adjacent properties,
avoidance of excessive grading or retaining walls).
0 Mitigating safety measures as proposed or required can be included
in the design and realistically constructed as designed.
0 Welfare of public will be enhanced (aesthetics, reduction in
potential pollutants, noise, dust or odor, public convenience,
general safety of public during construction).
0 Utilization of existing parking lots can be shown to have worked
safely and effectively.
0 Request decision is not detrimental to the City.
0 Request is not in conflict with handicap laws, requirements, and
standards.
October 2, 1989
CRITERIA/TXTST530
2-0 IV
CtIA 64 (" �- S-r
M E M 0 R A N D U M
October 4, 1989
TO: File - Clouston Development
555 Walnut
FROM: Bob Albertqqj�f\lngineer
SUBJECT: VARIANCE REQUEST TO PARKING LOT SLOPES
LETTER REQUEST FROM MR. CLOUST—o—N-70—
MR. ALBERTS RECEIVED SEPTEMBER 22, 1989
The parking lot request was reviewed and the parking lot inspected by
Mr. Gordie Hyde, Engineering Coordinator. The following was determined:
1) The parking lot was not constructed to the plans approved by the
Engineering Division but to plans on file with the Building
Division.
2) The driveway slopes exceed 6% but are less than 14%.
3) Parking is perpendicular to the access lane, thereby, making the
steeper areas no greater than 20 feet in length.
4) To reconstruct the parking lot would require removing and
reconstructing a reinforced concrete retaining wall adjacent to a
City alley and/or the building. To remove the retaining wall,
major excavation work would have to be done in the alley adjacent
to existing structures. Any reconstruction work would disrupt the
neighborhood and impact adjacent properties. The costs would not
be routine for a parking lot.
5) Parking bumps were installed to mitigate the steepness of the
slopes. This safety measure appears to be working effectively.
6) A waiver would not be detrimental to the City.
The request and site conditions meets the criteria for waivers. A
waiver is granted.
RJA/sdt
Attachment
CLOUSTN2/TXTST530
CRITERIA OUTLINE
FOR
WAIVERS TO
PARKING LOT SLOPES (ECDC 18.95.020)
The City Engineer will use the following criteria in reviewing waiver
requests to increase the maximum parking lot slope of 6% up to a
maximum slope of 14%. No parking lot waiver will be approved if the
grade and parking lot design may pose a hazard or otherwise endanger
the public's health, safety, or welfare. In granting a waiver, the
following shall be considered where applicable:
0 Waiver request is not for the sole purpose of circumventing other
City Code requirements, general convenience, or to reduce routine
construction cost compared to similar projects.
0 Site conditions or other City requirements necessitates the
request (protection of streams, trees and vegetation, storm
drainage and groundwater concerns, impact on adjacent properties,
avoidance of excessive grading or retaining walls).
0 Mitigating safety measures as proposed or required can be included
in the design and realistically constructed as designed.
0 Welfare of public will be enhanced (aesthetics, reduction in
potential pollutants, noise, dust or odor, public convenience,
general safety of public during construction).
0 Utilization of existing parking lots can be shown to have worked
safely and effectively.
0 Request decision is not detrimental to the City.
0 Request is not in conflict with handicap laws, requirements, and
standards.
October 2, 1989
CRITERIA/TXTST530
0
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CITY OF EDMONDS
250 - 5th AVE N. - EDMONDS. WA 98020 - (206) 771-3202
COMMUNITY SERVICES:
Public Works e Planning * Parks and Recreation * Engineering
October 4, 1989
Mr. Monte Clouston
22415 Woodway Park Road
Edmonds, WA. 98020
Re: Letter from Mr. Clouston to Mr. Alberts received 9/22/89
Parking Lot Slope Waiver Request for 555 Walnut Ave.
Dear Mr. Clouston:
LARRY S. NALIGHTEN
MAYOR
PETER E. HAHN
DIRECTOR
The ordinance allowing waiver requests was published on October 2, 1.989
and is scheduled to become effective on October 7, 1989. In the
ordinance, the City Engineer has a specified role and authority in
reviewing waiver requests. Your waiver request, in accordance with the
ordinance, has been reviewed and is hereby granted under the condition
that the ordinance does become effective and that no action is taken
under City ordinances to stop the approval.
If there are any questions, please call.
Sincerely,
ROBERT J. ALBERTS, P.E.
City Engineer
RJA/sdt
CLOUSTON/TXTST530
* Incorporated August 11, 1890 *
Sister Cities International — Hekinan. Janan
0-41i4d / 0 A", /J--�
, 890 . 199 -
CITY OF EDMONDS
2 50 - 5th AVE N. * EDMONDS. WA 98020 - (206) 7 71-3 202
COMMUNITY SERVICES:
Public Works * Planning * Parks and Recreation * Engineering
October 4, 1989
Mr. Monte Clouston
22415 Woodway Park Road
Edmonds, WA. 98020
LARRY S. NALIGHTEN
MAYOR
F— '�'
T R- L &L i FILE
Re: Letter from Mr. Clobston to Mr. Alberts received 9/22/89
Parking Lot Slope Waiver Request for 555 Walnut Ave.
Dear Mr. Clouston:
PETER E. HAHN
DIRECTOR
The ordinance allowing waiver requests was published on October 2, 1989
and is scheduled to become effective on October 7, 1989. In the
ordinance, the City Engineer has a specified role and authority in
reviewing waiver requests. Your waiver request, in accordance with the
ordinance, has been reviewed and is hereby granted under the condition
that the ordinance does become effective and that no action is taken
under City ordinances to stop the approval.
If there are any questions, please call.
Sincerely,
ROBERT J. ALBERTS, P.E.
City Engineer
RJA/sdt
CLOUSTON/TXTST530
* Incorporated August 11, 1890 0
Sister Cities International — Hekinan, Japan
MONTE CLOUSTON
V. t"
22415 WOODWAY PARK ROAD
EDMONDS, WA. 98020
SEP 2 1989
BOB ALBERTS
ENGINEERING
CITY ENGINEER
CITY OF EDMONDS
RE:PARKING LOT SLOPE 555 WALNUT ST.
ORDINANCE NUMBER 18.95.020(D)
WE WOULD LIKE TO REQUEST A WAIVER OF THE PARKING LOT SLOPE
REQUIREMENTS AT 555 WALNUT ST. IT CURRENTLY AVERAGES 12 % SLOPE FOR THE
SPACES AGAINST THE RETAINING WALL. THIS ERROR WAS DUE TO AN OVERSIGHT AT
THE RESTRICTIONS PLACED BY THE CITY OF EDMONDS, WHICH ARE MORE RESTRICTIVE
THAN NEIGHBORING JURISTRICTIONS. TO REDUCE THE SLOPE AT THIS POINT WOULD
REQUIRE COMPLETE REMOVAL OF THE CONCRETE RETAINING WALL ALONG BECK LANE. TO
DO SO IT WOULD REQUIRE CLOSURE AND REMOVAL OF THE ALLEY FOR SEVERAL MONTHS.
THIS WOULD CREATE A PUBLIC HAZARD DUE TO LACK OF FIRE ACCESS, AND WOULD
CREATE A HARDSHIP ON THE NEIGHBORS. IT WOULD ALSO CAUSE A CONSIDERABLE
AMOUNT OF NOISE DURING DEMOLITION TOGETHER WITH DUST AND LACK OF ACCESS TO
PARKING ON BECK LANE.
THE SITE APPEARS TO BE WELL SUITED TO A SLOPE OF 12% DUE TO THE FACT
THAN MINIMAL DAMAGE WOULD BE DONE TO THE BUILDING DUE TO A UNMANNED ROLLING
CAR. THIS IS DUE TO THE FACT THAT THESE PARKING SPACES ABBUT CONCRETE WALLS
WHICH SUPPORT THE BUILDING AND GARAGES. ANY RUNAWAY CARS WOULD BE CONTAINED
ON SITE AND WOULD NOT POSE A DANGER TO THE NON-RESIDENT PUBLIC. SHOULD AN
ACCIDENT OCCUR, THERE WOULD BE AN EXTREMELY LOW CHANCE OF PERSONAL INJURY
TO THE OCCUPANTS OF THE BUILDING ITSELF.
WE HAVE ALSO INSTALLED A SPEED BUMP TYPE DEVICE TO HELP PREVENT
ROLLBACK DUE TO FAILURE OF THE PARKING BRAKE OF A CAR UTILIZING THESE
SPACES. WE HAVE ALSO FOUND THAT AN AVERAGE OF FOUR CARS NOW USE THIS
PARKING LOT AT ANY GIVEN TIME WHEREAS GARAGES ARE AVAILABLE ON SITE.
FURTHERMORE, DUE TO THE LOCATION OF THE RETAINING WALL ON BECK LANE,
INCREASING THE HEIGHT OF THE RETAINING WALL COULD CREATE A MORE DANGEROUS
SITUATION THAN HAVING A SLIGHT SLOPE TO THE PARKING LOT.
SINC E Y OU
MONTE CLOUSTON
TO
SUBJECT
City of monds
71 7N T7E7R �-O F F �IC E�C 0 �RR E �SP O�N D �EN C �E
FROM ST R
RE(,V-IVED
Moafeachee Cxcwatimo 9mc. .. NOV 1 1988
P. 0. BOX 74:5 - B&HELL. WA 98011 - PHONE 776-08W
POV""'T DEPT.-
C:'Lty of Edmonds
250 - 5th Ave N.
Edmonds, WA 98020
NOTICE TO PROPERTY.OWNERS
P 831 993 879
CERTIFIED MAIL
RECEi VEL)
NOV 9 1988
PUBLIC WORKS
GENTLEMEN:
WE ARE ADVISED THAT Y.OU ARE THE'OWNE'R, OR REPUTED OWNER, OF PROPEPTY
SITUATED AT OR,NEAR THE FOLLOWIN6 ADDRESS:
Monte Clouston - Apartments 5th & Walnut - Edmonds, WA
THIS IS TO NOTIFY YOU THAT ON November 07, 1988 4E COMMENCED TO
DELIVER MATERIALS AND SUPPLIES OR RENTED EQUIPMEWTT TO BE USED UPON
THE RE.AL PROPERTY AND ALL.IMPROVEMENTS OWNED OR BEING CONSTRUCTED
BY YOU AT THE ABOVE ADDRESS.
THESE MATERIALS AND SUPPLIES OR RENTED EQUIPMENT WERE ORDERED BY,:
Western Commercial
WE ARE RE ' QUIRED BY LAW TO FURNISH THIS NOTICE TO THE OWNERS OF
ALL PROPERTY TO WHICH WE DELIVER MATERI'ALS AND SUPPLIES, SO THEY.
MAY HAVE.NOTICE THAT IN THE EVENT OF NON-PAYMENT OF OUR ACCOUNT,
'A'MATERIALMAN'S LIEN MAY BE CLAIMED BY US. THIS'NOTICE IS NOT
IN ' ITSELF A CLAIM OF LIEN, NOR DOES iT IMPLY IN ANY WAY THAT A
LIEN MAY BE NECESSARY. IT IS SENT ONLY BECUASE WE ARE REQUIRED
BY STATUTE TO DO SO.
VERY TRULY YOURS,
'4z
BOB MOSBRUCKER
President
CONTRA.CTOR REGIStRATION-#MOSBRI 235 MW
T
890 - 199
CITY OF EDMONDS
250 - 5th AVE N. - EDMONDS. WA 98020 * (206) 771-3202
COMMUNITY SERVICES:
Public Works * Planning * Parks and Recreation * Engineering
May 11, 1988
Monte Clouston
Western Commercial
22415 Woodway Park
Edmonds, WA. 98020
Development Corp. TP,
Road
LARRY S. NAUGHTEN
MAYOR
PETER E. HAHN
DIRECTOR
SUBJECT: RETAINING WALL AT 555 WALNUT
Dear Monte:
In response to your letter dated May 10, 1988, the Building Official,
City Engineer and I came to the following conclusions:
I) All reinforcing steel in the wall shall require a special
inspection. Test cylinders will be required for all concrete.
II) All compaction behind the wall shall be supervised by a
geotechnical engineer licensed in Washington. He shall prepare a
report documenting the depth of lifts and compaction of the
backfill during construction.
III) Minimum compaction standards shall be in accordance with Method Bl
Section 2-03.3(14)C of the 1988 Washington State Department of
Transportation Standard Specifications. These specifications may
be deemed insufficient by the aforementioned geotechnical engineer
to support the proposed rock wall, in which case he has,the
authority and responsibility to increase the required compaction.
A statement regarding this shall be included in the aforementioned
report.
IV) Any and all rockery construction shall be done in the presence of
a licensed geotechnical engineer. Upon completion, a report shall
be prepared summarizing the construction of the wall.
V) A drain shall be constructed behind the retaining wall, consisting
of washed rock and filter fabric. The drain shall be at least 6
inches thick and shall extend the length and height of the wall.
The washed rock shall have a filter fabric blanket between it and
the granular backfill. The filter fabric shall extend the length
and height of the wall.
* Incorporated August 11, 1890 a
Sister Cities International — Hekinan, Japan
Monte Clouston
May 11, 1988
Page 2
If you have any questions on any of the aforementioned issued, pleaSe
contact me at your convenience.
Very truly yours W e
?JERR H, P.E.
v 7Y. HAUT
r uljcs a!
Hydr ulics Engineer
JWH/sdt
cc: Hal Reeves
WALL555/TXTST530
WESTERN COMMERCIAL DEV. CORP.
22415 WOODWAY PARK ROAD
EDMONDS, WA. 98020
CITY ENGINEER
CITY OF EDMONDS
1:-� i". ': v'_
'I '�' . i� J':t. a At v
MAY 10 1988
Rqll"!
NEE
RE:555 WALNUT;RETAINING WALL EROSION AND SETTLEMENT CONTROL
DEAR SIR,
MAY 10, 1988
WHEREAS OUR RETAINING WALL BEING CONSTRUCTED ON OUR SITE AT 555 WALNUT, IS
ADJACENT TO THE ALLEY KNOWN AS BECK LANE, CERTAIN MEASURES WILL BE UNDERTAKEN TO
ENSURE A MINIMUM OF SETTLEMENT. BACKFILL OF THE WALL WILL BE MADE IN A MAXIMUM
OF 12" LIFTS WITH EACH LIFT BEING COMPACTED USING A ONE MAN SLED COMPACTOR, TO A
LEVEL OF 85%. WE WILL BE USING NATIVE SOILS FOR BACKFILL WHICH ARE A FINE TO
MEDIUM SAND AND TEND TO COMPACT EASILY. DUE TO THE NEAR PROXIMITY OF THE SITE TO
CITY OFEDMONDS OFFICES, COMPACTION WILL BE EASILY VERIFIED. FOR THESE REASONS,
WE REQUEST THAT INDEPENDANT TESTING NOT BE REQUIRED. HOWEVER, WE WILL AGREE T14AT
SHOULD EDMONDS ORDER. A PROCTOR TEST AND FIND THAT THE FILL HAS NOT BEEN COMPACTED
TO 85%, THAT WE WILL RECOMPACT THE FILL AND PAY FOR TESTING AND VERIFICATION.
WE FURTHER PLAN TO INSTALL A ENKADRAIN 9010 SHEET ON THE BACK OF THE WALL
TO ALLOW FOR FREE DRAINAGE TO THE WEEP HOLES IMBEDDED -IN THE CONCRETE RETAINING
WALL. THIS SHEET WILL BE LAID BACK AT THE TOP AND COVERED WITH 6" OF GRAVEL TO
ALLOW FOR THE CAPTURE OF SURFACE WATER.
DURING THE CONSTRUCTION PERIOD, THE ALLEY WILL BE CLOSED TO TRAFFIC.
THE OWNERS OF THE COMMODORE CONDOMINIUMS HAVE BEEN NOTIFIED OF OUR INTENTIONS AND
HAVE EXPRESSED NO CONCERNS OVER THE 40 DAY CLOSURE. OUR INTENTION WAS TO START
EXCAVATION OF THE WALL AREA ON MAY 16TH AND HAVE NOTIFIED THE COMMODORE OF THIS.
SHOULD THIS NOT BE POSSIBLE, COULD YOU NOTIFY ME AT YOUR EARLIEST CONVIENENCE.
SINCERE
M CL U TON, PRESIDNET
PHONE 206 775-1948
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M E M 0 R A N D U M
January 17, 1989
TO: Jeannine Graf, Permit Coordinator
Building Division
FROM: Noel F. Miller, Construction Engineer
Engineering Division
SUBJECT: MONTE CLAUSTON, 15 UNIT APT., 555 WALNUT ST..
In our review of the parking lot in the rear of the development, we
note that the final grade of the parking stalls is not within code.
Per Section 18.95.020-D, parking stalls shall not exceed a 6% slope.
Field measures indicate a typical slope of 14%.
NFM/sdt
MCLAUSTN/TXTST530
PC,= ,
Albetts
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CITY of EDIVION DS S I D E S E W E R P f RAJ T
For Inspection Call 771-3202 PERMIT NO. (1745 2
Address of Construction:
Property Legal Description (Include all easements): 001 F14f,
EDMONDS
Owner and/or Builder: IVI 0 vi �L�o FT2rA1TAA_r_&LM_M -A h i -r
Contractor & License No
Singl:e Family Residence
Multi -Family V
WES T_ F 0— C) '2—k (c, AJ F
(No. of Units /�_ )
'a 9 q 7c)
0e%TrR'E LT FILE
Commercial (No. of fixture Units I Z(If Yes, Right -of -Way
Invasion into City Right -of -Way: No Yes
Construction Permit required. Call One -Call -Center (1-800-424-5555) before any
excavation.) /no5SIS.4e
Cross other Private Property: No z Yes (If Yes, easement requ-ired,
attach legal description and county easement number.)
PLEASE READ THE ITEMS LISTED ON THE BACK
o'
"00;
1 certify that I have read and shall comply Date
with the items listed on the back.
Permit Fee�:
Trunk Charge:
Assessment Fee:
Partial Inspection:
issued By:
fDate Issued:
Receipt No...
J_
Comments Date Initial
Final�'Inspection Approved:
Date Initial
Rejected: Reason __6'a_te* . !—nitial
** PERMIT MUST BE POSTED ON JOB SITE **
Wh.ite Copy— File Green Copy
Buff Co0y Applicant
The City of Edmonds Side Sewer Drawing EASE ENT 0
Qi - --------------------------------------------
4 NEW CONSTRUCTION REPAIRS LID NO . .................. . ASMT. NO - ------------------
l-%XV7NjT71D dl^'KT�rlO A rl'ri%" ^,-1 ef :7
11-1 ------------------------------------------------------------------------------------------------ 1 1 %-"IX k .... N_W .. .. Net .......... I - - ------ ............... PERMIT NO.
7
JOB ADDRESS 5-5-57 ---- --------- S ----- ---------------
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LEGAL DESCRIPTION: LOT NO - -------------------------------------- BLOCK NO - -------- ---------------------------
-------------------------------------------------------------------------------- --------------------------------------- ---------- F-DNYL0-RQS -----------
TREATIVIENT PLANT
NAMEOF ADDITION ----------------------------------------------------------------------------- -------------------------------------
o A 0 �:: dlz%,)e- te,
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PWW-0001 -11/75 (REV. 11/78)
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Approved: ?Axr,-;Lf - I I -I -?jw q
A L J\t Lt —I z�le�4 . 0
DATE (-17- - — ----------------
............................................ By
INTER -OFFICE COMMUNICATIONS
DATF__ -1903
TO '11111VAPIV61 D[-p7_ FROM
.SUBJECT: 6/
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GERALD W. LOVELL, P.L.S.
JURGEN P. SAUERLAND, P.L.S.
ROBERT S. JONES. P.E.
Lovell-Sauerland &Associates, Inc.
S'/ Engineers * Surveyors * Development Consultants o, Planners
FILE
Mr. Duane V. Bowman
City of Edmonds
Planning Department
Edmonds Civic Center
Edmonds, Wa. 98020
November 8,,1983
LSA File No. 83-1034
Re: Site Grading for Proposed 15-Unit Condominium by Echelbarger
Land Co., Inc. at 6th Avenue S. and Walnut Street
Dear Mr. Bowman:
The following is a summary of the approximate earthwork quantities
necessary for construction of the above -mentioned project.
Excavation for foundation and below -grade parking
garage ---------------------------------------------- 42000 C.Y.
Less portion included in basements of existing
structures ------------------------------------------ - 750 c.y.
Excavation for finished grading --------------------- 300 c.y. .
Filling for finished grading ------------------------ 150 c.y.
Approximate Total Earthwork 3,700 C.Y.
Please note that the majority of the grading in connection with this!,
project will occur below the finished grade of the proposed building to
provide off-street parking for the residents of the building. The build-
ing has been designed to minimize site grading outside of the building
envelope as shown by the proposed building elevations and grading plan.
If you have any questions or comments, please call me.
JTT/pp
Sincerely,
ofley T. Treiber
23106 - 100TH W. EDMONDS, WA 98020 PHONE 775-1591
L riLE
City of Edmonds
Civic Center
Edmonds, WA 98020
Dear Sir or Madam:
PO Box 30
Lynnwood, WA 98036
Nov. 8, 19'83
This is to inform you that 555 Walnut Associates is apply-
ing for a conditional use permit in order to excavate and
grade for our condominium project.
We have read the ordinances, Chapter 18 `40 ''Grading and
Retaining Walls'' and feel that under the circumstances
we don't need a conditional use permit.
We're filing this application under protest.
S i n c e r e I y ,
Lindsey Echelbarger
Patrick T. Echel barger
555 Walnut Associates
LE : f t
'i nw
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41 J
iq
CITY OF EDMONDS
ST R E-L" T F I L E EDMONDS, WASHINGTON
APPLICATION TO HEARING EXAMINER
FOR CONDITIONAL USE PERMIT
File No
Date
Fee
APO'S
Rect. No. 7,.3
HEARING DATE
/--/,a 117--g
APPLICANT: 555 Walnut Assoc i ateADDRESS PO Box 30,LynnwoodpHONE.774-020L
Indicate type or degree of interest in the property: owner
OWNER:555 Walnut Associates ADDRESS PO Box 30;LynnwoodPHONE.71�--020!;
LOCATION OF PROPERTY(ADDRESS) 555 Walnut Street
LEGAL DESCRIPTION OF PROPERTY Lots 21, 22, 23, 24, 25 26 27 and the Ea5
5,feetlof Lot.28,.Block 123, City.of Edmonds, according to the Plat
Snohomish County, Washington. I
To be completed by the Planning Division: Use Zone /,0
Legal description checked and approved by: Date:
VICINITY SKETCH:
Example:
PLEASE SH014 BELOW A VICINITY SKETCH AS PER EXAMPLE,
INDICATING NORTH.
See- Map a4-�4c,�a-a/.
CONDITIONAL USE REQUESTED: To grade cubic yards of earth per
16.30.= of Code
DETAILS OF PROPOSED USAGE:
Applicant proposes to grade site and excava.te for 15-unit
condominium
Signatqtle ot Appl Vane, Owner or
Representative
RELEASENOLD HARMLESS AGREEMENT
The undersigned applicant, his heirs and assigns, in consideration for the
City processing_the application agrees to release, indemnify, defend and
hold the City of Edmonds harmless from anv and all damages and/or claims for
damages, including reasonable attorneys' fees, arising from anv action or
inaction of the City whenever such action or inaction is based in whole or
in part upon false, misleading or incomolete information furnished by the
applicant, his agents or employees.
PERMISSION TO ENTER SUBJECT PROPERTY
The undersigned applicant grants his, her or its DeFmissipp for public
officials and the staff of the City of Edmonds to, ver--TX(e�,,su�ject
property for the purpose of*insDection and post �.at?et
, a : o t-his-
application.
Sipna,,3�dre of Apylicant, Owner or
Reprd'sentativeV
11
ENVIRONMENTAL CHECKLIST
H '- ILIE
A BACKGROUND SMELT F
1. Name of Proponent 555 Walnut Associates
2. Address and Phone Number of Proponent
PO Box 30 Lynnwood, WA' 98036
3. Date Checklist Submitted Nov. 1983
4. Agency Requiring Checklist community Development
5. Name of Proposal, if applicable
6. Nature and Brief Description of Proposal (including but not limited to
.its size, general design elements, and other factors that will give an
accurate understanding of its scope and nature: 31700 -
Grading and excavation of approximately cubic yards
of material from proposed condominium site
7. Location of Proposal (describe the physical setting of the proposal, as
well as the extent of the land area affected by any environmental im-
,pacts, including any other information needed to give an accurate under-
standing of the environmental setting of the proposal):
Northwest corner of 6th Avenue and Wa lit �trpet_ Sirp_j�
currently occupied by a vacant church and a vacant -home,
8. Estimated Date for Completion of the Proposal 30 days after building permi 1.
9. List of all Permits, Licenses, or Government Approvals Required for all Iss ue:
Proposal (federal, state, and local — including rezones):
Received ADB approval on Nov. 2, 1983; required by Community
Development thru ruling by City Attorney to receive conditional
use nermit from Hearing Examiner; building permite sign D-exmit
10. Do you have any plans for future additions, expansions, or further
activity related to or connected with this proposal? If yes, explain.
Upon issuance of conditional use permit to move the dirt,.we
will apply for a building permit to construct 15 unit condominium.
11. Do you know of any plans by others which may affect the property covered
by your proposal? If yes, explain.
None 'known.
12. Attach any other application form that has been completed regarding the
proposal; if none has been completed, but is expected to be filed at
some future date, describe the nature of such application form:
-I-
%I
a
ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required).
YES MOBE NO
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes
in geologic substructures? X.
b. Disruptions, displacements, compaction
or overcovering of the soil? X
c. Change in topography or ground surface
relief features? X
d. The destruction, covering or modifica-
tion of any unique geologic or physical
features? X
e. Any increase in wind or water erosion
of soils, either on or off the site? X
f. Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or�erosion which may modify
the channel or a river or stream or the
bed of the ocean or any bay, inlet or
lake? X
Explanation:b) to reach foundation level soil will be displaced -
c) to reach foundation level tor)oqral?hy & ground urfac
will change
e) temporary erosion rnotral will he used during
construction Period and will be minimal upon backfilling of' foundatic'
2. Air. Will the proposal result in:
a. Air emissions or deterioration of
ambient air quality? X
b. The creation of objectionable odors? X
c. Alteration of air'movement, moisture
or temperature, or any change in climate,
either locally or regionally? X
Explanation: a) if we experience a dry spell in December or January
we will sprinkle soil to minimize dust
b) diesel smoke will be Produced by the construction
equipment.
3. Water. Will the proposal result in:
a. Changes in currents, or the course
or direction of water movements, in either
marine or fresh waters? X
b. Changes in absorption rates, drainage
patterns, or the rate and amount of sur-
face water runoff? X
-2-
YES MAYBE NO
c. Alterations to the course or flow
of,flood waters?
X
d. Change in the amount of surface water
in any water body?
X
e. Discharge into surface waters, or in
any alteration of surface water qual ' ity,
including but not limited to temperature,
dissolved oxygen or turbidity?
X
f. Alteration of the direction or rate
of flow of ground waters?
X
g. Change in the quantity of ground
waters,- either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
X
h. Deterioration in ground water quality,
either through direct injection, or through
the seepage of leachate, phosphates, deter-
gents, waterborne virus or bacteria, or
other substances into the ground waters? X
I - - -
i. Reduction in the amount of water
otherwise available for public water
supplies? X
Explanation: b) temporary absorption rate change due to removal
of brush and weeds on Northwest corner where removal will occur
and removal of grass on site will
change absorption rate
i) if a dry spell in December or January occurs, we
will use a negligible amount of water to control dust
4. Flora. Will the proposal result in:
a. Change in the diversity of species,
or numbers of any species of flora (in-
cluding trees, shrubs, grass, crops,
microflora and aquatic plants)?
X
b. Reduction of the numbers of any
unique, rare or endangered species
of flora?
X
c. Introduction of new species of
flora into an area, or in a barrier
to the normal replenishment of exist-
ing species?
X
d. Recution in acreage of any agri-
cultural crop?
X
Explanation: a) we will remove all
grass and plantings during_
construction and will follow the
approved landscape plan when
nearinq final completion
-3-
YES
MAYBE NO
5. Fauna. WIll the proposal result in:
a. Changes in the diversity of species,
or numbers of any species of fauna (birds,
land animals including reptiles, fish and
shellfish, benthic organisms, insects or
microfauna)?
X
b. Reduction of the numbers of any
unique, rare or endangered species
of fauna?
X
c. Introduction of new species of
fauna into an area, or result in a
barrier to the migration or movement
of fauna?
X
d. Deterioration to existing fish or
wildlife habitat?
X
Explanation:
6. Noise. Will the proposal increase
existing noise levels? X
Explanation: During removal of dirt there will be diesel trucks
and diesel machinery creating noise during
the daylight hours.
7. Light and Glare. Will the proposal
produce new light or glare?
Explanation:
8. Land Use. Will the proposal result
in the alteration of the present or
planned land use of an area?
Explanation:
X
X -
9. Natural Resources. Will the proposal
result in:
a. Increase in the rate of use of any
natural resource? X
b. Depletion of any nonrenewable
natural resource? X
Explanation: a) use of diesel fuel would be several hundred gallons
b) same as Half
-4-
YES MAYBE NO
10. Risk of Upset. Does the proposal involve
a risk of an explosion or release of hazard-
ous substances (including, but not limited
to, oil, pesticides, chemicals or radiation)
in the event of an accident or upset condi-
tions?
Explanation: Possible if a diesel tank were to rupture, d i e s e I
is not flammable but could cause temporary problems
11. Population. Will the proposal alter the
location, distribution, density, or growth
rate of the human population of an area? X
Explanation: Grant in-q- of Conditional Use oermi
will cause a fifteen unit condominium building permit to be
applied for
12. Housinq. Will the proposal affect existing
housing, or create a demand for additional
housing? X
Explanation: Granting of Conditional Use permit to excavate soil
will cause a fifteen unit condominium building permit to be applied
for, if granted there will be fifteen housing units for sale.
13. Transportation/Circulation. Will the pro-
posal result in:
a. Generation of additional vehicular
movement? X
b. Effects on existing parking facili-
ties, or demand for new parking? X
c. Impact upon existing transportation
systems? X
d. Alterations to present patterns of
circulation or movement of people and/or
goods? X
e. Alterations to waterborne, rail or
air traffic? X
f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians? X
Explanation: a) Trucks will be moving s.oil and using city str_eets
temporarily.
I c) only temporarily in the moving of soil
f) temporarily while trucks are moving soil from the site
Ms
YES MAYBE
NO
14. Public Services. Will the proposal
have
an effect upon, or result in a need
for
new or altered governmental services
in
any of the following areas:
a. Fire protection?
X
b. Police protection?
X
c. Schools?
X
d. Parks or other recreational
facilities?
X
e. Maintenance of public facilities,
including roads?
X
f. Other governmental services?
Explanation: e) trucks and equipment
wil I be us ing
public roads
f) City inspectors
will
spend time to
monitor project
15. Energy. Will the proposal result in:
a. Use of substantial amounts of.fuel
or energy?
X—
b. Demand upon existing sources of
energy, or require the development
of new sources of energy?
X
Explanation: a) several hundred gallons
of diesel fLiel
16. Utilities. Will the proposal result in
a nee new systems or alterations to
the following utilities:
a. Power or natural gas?
X
b. Communications systems?
X
c. Water?
X
d. Sewer or septic tanks?
X
e. Storm water drainage?
X
f. Solid waste and disposal?
X
Explanation:
I M.
YES MAYBE NO
17. Human Health. Will the proposal result
in the creation of any health hazard or
potential health hazard (excluding
mental health)?
X
Explanation:
18. Aesthetics. Will the proposal result
in the obstruction of any scenic vista
or view open to the public, or will the
proposal result in the creation of an
aesthetically offensive site open to
public view?
X
Explanation: unt i I construction is complete
someone might say_jhi�,_
soil removal i.s offensive
19. Recreation. Will the proposal result
in an impact upon the quality or quan-
tity of existing recreational oppor-
tunities?
Explanation:
20
Archeological/Historical. Will the
proposal result in an alteration of
a significant archeological or his-
torical site, structure, object or
building?
Explanation:
KI
C. SIGNATURE
I, the undersigned, state that to the best of my knowledge the above information is
true and complete. It is understood that the lead agency may withdraw any declaration
or non -significance that it might issue in reliance upon this checklist should there
be any willful misrepresentation or willful lack 071' ul_l-)��sclosure on my part.
PROPONENT: —
-7-
M E M 0 R A N D U M
May 4, 1988
TO: Jeannine Graf
Permit Coordinator
FROM: Jerry Hauth FILE
Hydraulics Engineer Vi
SUBJECT: CLOUSTON 15 UNIT ON WALNUT
A brief review of Mr. Clouston's proposal brought my attention to the
following issues:
1) The closest storm sewer to this project is in 5th Avenue. Mr.
Clouston has given no indication of how he proposes to connect his
drainage to this system. Since grading and drainage are somewhat
interrelated, he should show how he proposes to deal with drainage.
2) There is some question as to the maximum height retained behind
the proposed wall. As submitted originally, the height was 11
feet max; as submitted with the letter to Jack Whiteley, the
height was changed to 12 feet max. The grading plan that was
prepared by Mr. Clouston shows in excess of 13 feet in height
behind the wall.
I would suggest that the calculations for the retaining wall (with
maximum height) correspond with the height as shown on the grading
plan. Both should have engineer's stamps and notes acknowledging
the revisions to the plans and calculations.
The City Engineer has concerns about the constructability of the
wall as designed. Perhaps the designer should refer to Washington
D.O.T. standards for retaining walls.
3) The retaining wall, as proposed, will have water from the alley
draining behind it. Some measures should be made to collect the
water behind the wall and pass it through the wall into the storm
sewer. This should be shown on the grading and drainage plan.
JWH/sdt
CLOUSTON/TXTST530
(&C, .
Albert�-sl--
D ATE
JILE # - ' AV-6-N
SITE PLAN V"
CITY OF EDMONDS
APPLICATION
to the
ARCHITECTURAL DESIGN BOARD
BUILDING PLANS (3): ELEVATIONS Lz
LANDSCAPE PLAN
ENVIRONMENTAL DATA RECEIPT #
SIGN EXHIBITS '- FEE RECPT #
PLAN MODIFICATIONS TO FILE NUM.BER:
HEARING DATE AU 9C-O' X_ I 18
OWNER/REPRESENTATIVE PHONE 7_7S_-15C18
ZIP CODEJ60
ADDRESS IM_R��UAV 46naac ljkm 0)'�r R�O
ARCHITECT /DES IGNER CL�)UMAJ16A A) PHONE
ADDRESS
PROPER . TY ADDRESS 6S"5' ZONING
LEGAL DESCRIPTION e-'47- ;z;z. :30
PLk'NS SUBMITTED FOR APPROVAL:
1. Building Plans - Preliminary Final c - d FIL
Site Plan Landscape Plan Elevations
2. Sign Elevations Site Plan Landscape Plan-
3. Modification of previous approval -
EXISTING USE OF PROPERTY QC4C_Av��
DESCRIPTION OF PROPOSAL V�e,,.:� /,5_(,(yA1T_ A?T-a
APPROXIMATE DATE WORK WILL BEGIN ON PROJECT YA,
ESTI�UTED TIME FOR COMPLETION OF WORK- A)6*_Oy�i 166
RELEASE/HOLD HARMLESS AGREalENT: The undersigned applicant, his heirs and assigns, in
consideration for the City processing the aDDlication agrees to release, -indemnify, defend and
hold the City of Edmonds harmless from any and all damages and/or claims for damages,
including reasonable attorneys; fees, arising from any action or inaction of the City whenever
such action or inaction is based in whole or in part upon false, misleading or incomplete
information furnished by the applicant, his agents or employees.
PERMISSION TO ENTER SUBJECT PROPERTY: The undersigned applicant grants his, her or its per-
mission for public officials and the staff of the City of Edmofids to enter the subject
property for the purpose of inspection and posting attendant to this application.
0 1
A;� e
(tignature of Applicant)
CITY OF EDMOP40S
250 5th AVE. N. - EDMONDS, WASHINGTON 98020 - (206) 771-3202
COMMUNITY SERVICES
January 26, 1988
-1 7Y-5-2--Z%
Darlene Jorgensen
Merit Insurance
Post Office Box 6488
Lynnwood, Washington 98036
RE: Echlebarger Bond
420 5th Avenue South
Old Church Project
LARRY S. NAUGHTEN
MAYOR
PETER E. HAHN
DIRECTOR
The City of Edmonds hereby authorizes the release of the landscape bond
in the amount of $1,045.00 for the subject.project. All interested -
City departments have inspected the work and approved release of the
bond.
The City is required to hold the performance bond for the 555 Walnut
project. The site grading has not been completed.
If you have any questions contact the building division at 771-3202.
Thank you,
��Xj �
Jeannine L. Graf
Permit Coordinator
M
PUBLIC WORKS 0 PLANNING 9 PARKS AND RECREATION 0 ENGINEERING
0
11
CITY OF EOMONOS
250 5th AVE. N. - EDMONDS, WASHINGTON 98020 - (206) 771 3202
COMMUNITY SERVICES
January 8, 1937
Mr. Robert Graaf
United States Fidelity Bonding Company
c/o Merit Insurance
Post Of fice Box 6488
Lynnwood, Washington 98036
RE: Echlebarger Relocation Bond #76-0110-14384
555 Walnut Street Bond Amount $2,000
LARRY S. NAUGHTEN
MAYOR
PETER E. HAHN
DI�ECTOR
The City of Edmonds has received a Dermit application
for a proposed 15 Unit Condominium at the subject
site. City required improvements will be part of the
new permit therefore the relocation bond may be released.
If you have any questions please call on me.
Thank you,
Jeannine L. Graf
Permit Coordinator
JLG: amm
cc: Echlebarger
PUBLIC WOR�.S PLANNING PARKS AND --D--PEA-DON �:,": 1-, 1 N E E P I f,)G-
0
0 #76-0 10-14384
PERFORMANCE BOND FOR RELOCATION OF BUILDINGS
CITY OF EDMONDS
KNOW ALL MEN BY THESE PRESENTS:
THAT WE_ UM ECHELBARGER COMPANY (OWNER)
as Principal, and UNITED STATES FIDELITY AND GUMANTMGCOMM
A Corporation organized and existing under and by virtue of the laws of
the State of DURYL24D , as Surety, are held and firmly bound
into the CITY OF EDMONDS, WASHINGTbN, in the penal sum of two thousand
dollars ($2,000.00) for the payment of which, well and truly to be made,
we firmly bind ourselves, our ' and each of our heirs, executors,
administrators and assigns, jointly and severally by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT,
Within six months after the said rebf&tgJt�u'h#r epi tWo
c IE420 5th Ave. S.
site as shown on Building Permit # n He y
in the building to satisfy all code requirements of the CITY OF EDMONDS
shall be completed.
On completion of the performance of the conditions to the satisfaction
of the Building Official, the bond will be considered null and void and
any cash deposit returned.
In the event of a cash deposit, in.lieu of Surety provided by a Bonding
Company, receipt is,hereby made therefor in the sum of two thousand
dollars, (32,000.00), check -no. and said cash deposit will
be placed in an envelope with a copy of this document and held in the
office of the Treasurer of the CITY OF EDMONDS.
Signed, sealed and delivered this-92th day of JAWARY -919-BA-.
AaW _TWJ"*v2Z'
/00, /-W IP11-1,9
Z//w ?,fo
UM ECHELB4KGER COMM�Y/
UNITED STATES FI n 1. TY CO
Z:�4VI11701y
0
0
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No ....... � �.6.3.4 ......................
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Robert E. GraaAl
of the City of Lynnwood Stateof Washington
its true and lawful attorney in and for the State of Washington
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy. of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Robert E. Graaf
may lawfully do in the premises by virtue of these presents.
In Witness Whereol, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary,- this. 8th day of
October , A. D- 19 82
(Signed)
2�
(SEAL)
(Signed)
STATE OF MARYLAND,
$a:
BALTIMORE'*CITY,
UNITED STATES FIDELITY AND GUARANTY COMPANY.
By ....... M.i.c h. a. e.l. . B � ... C.ase.y ......... I ...........
Vice -President.
... Q......arnize .......................
Assistant Secretary.
On this 8th day of October , A. D. 1982 , before me personally came
Michael B Ca, Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and AoberlyG. 'Bruce , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Michael B. Casey
and Robert G. Bruce were respectively the Vice -President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President
and Assistant Secretary. respectively, of the Company.
My commission expires the first day in July, A. D.
Margaret M. Hurst
(SEAL) (Signed) ........................................................
Notary Public.
STATE OF MARYLAND
BALTIMORE CITY, Sct.
I, Charles W. Mackey, Jr. , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimon , Whereof I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 6th day of October , A. D. 1982
(SEAL) (Signed) ............. Char . 1 . e . s W. Mae . k . ey J . r ...........
Clerk at the Superior Court of Baltimore City.
FS 3 (12-81)-
COPY OF RESOLUTION
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
and territories of Canada;
Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice.
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attomeys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts
guaranteeing the fidelity of persons holding positions of public or private trust. guaranteeing the performances of contracts other than
insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law
allowed, and
Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or
territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board. body, organization, office or officer,
local, municipal or otherwise, be allowed, required or permitted to be executed. made, taken, given, tendered, accepted, filed or recorded
for the security or protection of, by or for any person or persons, corporation. body, office, interest, municipality or other association or
organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which
may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same.
i, Theodore G. Parks , an Assistant Secretary of th e UNITED STATES * FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the -original power of attorney given
bysaidCompanyto - Robert E. Graaf
n
of 'ashington authorizing and empowering him to sign bonds as therein set
forth;'_:�Iiich
�qiich ower *of art has never been revoked and is still in full force and effect.
;S5 Sy
'And r.. -Zd0,V1fr-ther:ceitify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Dire tor, f -ompany, duly called and held at the office of. the Company in the City of Baltimore, on the 25th day of
Nove-�nl ei.-,1981, a' hidh�meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
reso utiom.and'tle wh6le- thereof as recorded in the minutes of said meeting.
in ielsii.mbrir'Whereoh I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on.
(Date)
.............................................................
Assistant Secretary.
P�
9
CITY OF EOMONOS
250 5ih AVE, N. - EDMONDS, WASHINGTON 98020 - (206) 771 3202
COMMUNITY SERVICES
November 19, 1986
Pat Echlebarger
Post Office Box 30
Lynnwood, Washington 98036
0
RE: Old Church 420 5th Avenue South & 555 Walnut
Outstanding Requirements
LARRY S. NAUGHTEN
MAYOR
PETER E. HAHN
DIRECTOR
Prior to release of the performance bond the following
items must be complete and inspected:
11/20 1 . A second fire extinguisher (2:A, 1OB:C), is required
0
to be located at the bottom of the stairs; contact
Gary 'McComas for questions and for inspection.
2. The City is holding two bonds for the site at 555 Walnut;
a site inspection has revealed that the storace tank
has been removed but the grade must be brought into
conrormance with Chapter 70 of the Uniform Building Code.
If you have any questions contact Harold Reeves.
3. The site performance bond for the project.($S,471.25)
may be released after the City receives the required two
year 15% maintenance bond in the amount of $1,270.69.
I have enclosed a maintenance bond form for your
convenience.
Please correct these outstanding requirements and resolve
a
tniS issue. Once all items are installed and inspected
and the maintenance bonds posted; the City will issue the
Certificate of occupancy. Please feel free to call me if
you have any questions.
Thank you,
�Jeannine L. Graf
Permit Coordinator
cc: Merritt Insurance Co.
P.O. Box 6438 Lynnwood, WA 98036
JLG : amm.
U Ez L I C IN C; R K 3 P LA I N G PARKS AND RECREATION' E N G; N HP I N G
CITY OF EDMONDS
250 5th AVE. N. - EDMONDS, WASHINGTON 98020 - (206) 771-3202
COMMUNITY SERVICES
September 12th, 1986
Mr. Pat Echlebarger
Post Office Box 30
Lynnwood, Washington 98036
RE: -Old Church project at 420 5th Avenue South
Fill at 555 Walnut
LARRY S. NAUGHTEN
MAYOR
PETER E. HAHN
D113ECTOR
Per our telephone conversation on April 14th, 1986, we discussed the following:
1. The fill permit for 555 Walnut has not been issued, the fee of $51.00 is due;
2. Prior to the release of the $2,000.00 relocation bond.and the $1,04 5.00 site
improvement bond for 555 Walnut, the rusty storage tank must be removed from
the west side of the property and the grade must be in conformance with
Chapter 70 of the Uniform Building Code;
OkIIII-f 3. The Architectural Design Board required wood or brick planters with true dwarf
boxwood to be located beneath the windows along the east (front) side of the
Old Church building, contact Bruce Finke if you have any questions.
4. The site improvement bonds for 420 5th Avenue South, including the $8,471.25
performance bond have not been released pending the completion of items 2 & 3.
Furthermore, the Fire Department has notified the Building Division of the
following outstanding requirements:
1. A second fire extinguisher (2:A, 10 B:C), is required to be located at the
bottom of the stairs; contact Gary McComas for questions and for inspection.
Please correct these outstanding requirements and resolve this issue. Once all
items are installed and inspected the bonds will be released and a Certificate
of Occupancy will be issued. Please feel free to call me if you have any
questions.
14o4W'XA*/
7- annine L. Graf -
Permit CoordinatoK,
JLG: pm.
PU6LIC WORKS PLANNING PARKS AND RECREATION ENGINEERING
BUIL * G DIVISION TELEPHONE/VISI W ECORD
+ 16 TIME
DATE 4
COMPANY
PERSON CALLED AF
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RE:
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BUIL*G DIVISION TELEPHONE/VISIORECORD
DATE TIME
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RE:
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CALL TAKEN BY:
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CITY REPRESENTATIVE:
Rle-
CITY'OF EDMONDS LARRY S. NAUGHTEN
MAYOR
250 5th AVE. N. - EDMONDS, WASHINGTON 98020 * (206) 771-3202
BUILDING DIVISION
June 24th, 1985
Echlebarger & Associates
Box 30
Lynnwood, Washington 98046
RE: 555 Walnut Associates
Permit #840048
Perf6rma�nce Bond $500
Bonding . Company: Seattle'First National Bank
The City of Edmonds Building Division is holding a
performance bond in the amount of $500 for restoration
work in accordance with the Community Development
Code Section 19.35 at 555 Walnut Street. The City is
not satisfied with the current grade of the lot; large
holes have not been filled and leveled correctly.
Please contact the. Building Division within 10 days
date of this letter regarding the scheduling of the.
required work.
Zanni�neL. Graf
Permit Coordinator
JLG: iwm
cc: Seattle First National Bank
CITY OF EDMONDS
250 5th AVE. N. EDMONDS, WASHINGTON 98020 (206) 771-3202
BUILDING DIVISION
October 17, 1984
Echelbarger Co.
Attn: Lindsey Echelbarger
Box 30
Lynnwood, WA 98020
555 WALNUT STREET
LARRY S. NAUGHTEN
MAYOR
To confirm our October 16, 1984 telephone conversation, the
current"situation at 555 Walnut Street violates City codes
and must be corrected as soon as possible.
The dwelling that is on blocks on the property is a dangerous
building as defined by Section 302 of the City's'Unjiform Code
for the Abatement of Dangerous Buildings. It must.lbe removed
within 15 days or the City will commence abatement�proceedings
as specified in the code.
Further, the existing basement excavation is a haz*rd (..UBC 7004)
and action must be taken at once to eliminate the hazard and
bring the site into conformance wi'th the requireme'nts of the
Code.
Please notify th.is office -for inspection as soon as the necessary
work is complete.
Harold Reeves
Building Official
HR/cr
certified
417
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11
CITY OF EDMONDS
CIVIC CENTER - EDMONDS, WASHINGTON 98020 * (206) 775-2525
CITY ATTORNEY
April 9, 1984
Mr. Lindsey Echelbarger
555 Walnut Associates
P.O. Box 30
Lynnwood, WA 98036
LARRY S. NAUGHTEN
MAYOR
I
4ECEIYED
APR 10 N84
QWX OF gDIWOtio,�S
Re: Building Permit for Condominium
at 555 Walnut
Dear Mr. Echelbarger:
. The Planning Director, Ms. Mary Lou Block, has referred
your March 30 letter to my office for review and response. As
you know, your condominium project is located in a multi-
family zone district where the rear yard setback minimum is
set at fifteen feet. Your project is located on a corner lot
which means that it has two street yard setbacks and two rear
yard setbacks. Corner lots in an RM zone, unlike corner lots
in a single family zone, have no side yard setback which are a
minimum of ten feet.
It is my understanding that the current design of your
project has several projecting walls that currently encroach
upon the fifteen foot setback by approximately two feet.
Before building permits can be issued your building plans must
be adjusted so as not to violate the setback requirements. If
the design changes to your project that are necessary to stay
out of the rear yard setback do not involve a substantial
change to the development then you would not be required to
resubmit your plans to the City's Architectural Design Board.
If you have any further questions or would like some
assistance in determining the changes to your project's design
that would be necessary for compliance with the Community
Development Code, I would advise that you contact Ms. Mary Lou
Block or her staff. If you have any other questions feel free
to contact me.
Very truly yours,
OFFICE OF THE CITY ATTORNEY
Mark A. Eames
MAE:jt
cc: Mary Lou Block
a
EMU FIE
CITY OF EDMOND,'S'
121 ST H AVENUE NORTH - EDMONDS,WA 98020
PHONE: (425) 771-0220 - FAX: (425) 771-0221
. *PERMIT MUST BE POSTED ON JOB SITE*
STATUS: ISSUED ENG2001 30289
- RIGHT -OF WAY PERM IT (2-Multi-Family) I
Permit Number: ENG20080289 Expiration Dat : 11/12/2008
Job Address: 555 WALNUT ST 1, EDMONDS Location: WALNUT / 6 AVE S
NORTH CREST DEVELOPMENT CORP NORTH CRESI' DEVELOPMENT CORP
PO BOX 340 PO BOX 340
EDMONDS, WA 98020 EDMONDS, WA 98020
206.550.4245
LICENSE #: BL006603 EXP:
L JOB DESCRIPTION
rNSTLCONCRETErN EX] STING PLANTING STRIP A LONG 6TH AVE FRONTAGE —NOT CONSIDERED SW
DISRUPTION INFOICNIATION
ASSESSED VALUE: $0.00 PROPERTYAREA: 0
SIDEWALK: (OXO) DURATION IN MONTHS: 0 FEE: $0.00 STREET DISRUPTION TRENCH CUT: (0 x
PARKING: OX0 DURATION IN MONTHS: 0 FEE: $0.00 YEAROFOVERLAY: 0 FEE: $0.00
ALLEY: OX0 DURATION IN MONTHS: 0 FEE: $0.00
IADEMA7TY- The Applicant has signed an application which states helshe holds the City ofEdmonds harmlessfrom injuries,
damages or claims ofany kind or description whalsoever, foreseen or unforeseen, that may be made against the City ofEdmonds or
any ofits departments or employees, including but nor limited to the defense ofany legal proceedings including defense costs and
atiorneyfees by reason ofgranting this permit.
THECONTRACTOR IS RESPONSIBLEFOR WORKMANSHIP AND MATERIALS FOR A PERIOD OFONEYEAR FOLLOWING THEFINAL
INSPECTION AND ACCEPTANCE 0 FTHE WORK
• Traffic Control and public safety shall be in accordance With City regulations as required by the City Engineer. Every flagger must
be trained as required by (WAC) 296-155-305 and ffmst have certification verifying completion of the required training in their
possesion.
• Restoration is to be in accordance with City codes. All street -cut trench work shall be patched With asphalt or City approved
material prior to the end of the workday- NO EXCEPTIONS.
• Three sets of construction drawings of proposed work are required With the pen -nit application.
CALL DIAL -A -DIG (1 -800424-5555) BEFORE ANY EXCAVATION
CALL FOR INSPECTION (425) 771-0220 ENT. 1326
24 HO UR NOTIC E REQ UIRED FO R ALL INSPECTIO N REQ UESTS
THIS APPLICATION IS NOTA PERNHTUNTIL SIGNED BY THECITY ENGINEER OR HISMERDEPUTY: AND FEES ARE PAID. AND RECEIPT IS ACKNOWLEDGED IN
SPACE PROVIDED.
SED BY
Printed: Tuesday, A
19 117-h'ir
DATE
0 F1LE COPY SPECTOR COPY APPLICANT COPY
STATUS: ISSUED
ENG200:90289
* Install a 2" by 2" Uni-strut post base for stop sign and street sign.
0 Restore ROW to City standards
0 Restore Landscape to like or better conditions.
0 Alert affected residents and/or businesses prior to work start.
0 Conform to approved working drawings and Traffic Control plan.
0 Public utilities maintain 5'separation from City Utilities.
0 Utility patch restoration to be in accordance with Edmonds Standard detail E2.3
0 Maintain erosion & sedimentation control. Keep street clean.
0 Construction hours are Monday -Friday 7am-6pm and Saturdays l0am-6pm. No work on Sundays or Federal Holidays.
* Call for required inspections as noted.
0 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.
E-Engineering Final
PARTIAL INSPECTION
PARTIAL fwEcrm
FINAL INSPECTION APPROVED
DATE: INITIAL: NOTES:.
DATE- INITIAL: NOTES;
DATE: /0)f INITIA14�:��
I/
ST
Of
POW A LY. GO-
61 A*�6 so
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(AMI-STIuAT ILAN-0
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CITY INSPECTION REQUIRED ON FORM
WORK PRIOR TO POUR
ION JOINT
10,
DUMMY JOINT
4
j
64
.14
4.;
-o4
.4
4
4
2 MIN.
10' D.C. 5' O,C SAW CUT ACP A MIN.
OF 2' FROM EDGE OF
PLAN GUTTER.
FULL DEPTH 112' EXPANSION
JOINT MATERIAL--N pk.A%w%*3f-'l STCLIP
2%
4
4.
'7=1 1
44
UNDISTURBED EARTH OR
SECTION COMPACTED NATIVE MATERIAL
2' M I N6.. UNLESS OTHERWISE SPECIFIE
SAW CUT BY ENGINEER
2'- 5/8' MINUS CSTC
N 0 T E:
1. CONCRETE SHALL BE CLASS 3- 300OPSI
2'. CONCRETE SHALL BE BROOM FINISHED
3. SIDEWALK THICKNESS SHALL BE 5-1/2'.
4. SIDEWALK THICKNESS AT DRIVEWAYS SHALL BE 6' THICK,
5. CURB AND GUTTER SHALL BE POURED SEPARATELY FROM SIDEWALK
6. CONCRETE SHALL BE SPRAYED WITH CLEAR CURING COMPOUND
OR SHALL BE COVERED AND KEPT MOI ST FOR 72 HOURS.
7. SAW CUT AND REMOVE ACP PAVEMENT A MIN. OF 2' FROM GUTTER
FACE TO INSURE ADEQUATE COMPACTION OF ACP AND GUTTER SUBGRADE
C.1-TY 0-F'-.--E.D MON,''D.S.'.
REVISIONS STANDARD DETAIL
APPROVED BY DATE
D. GEBERT 4/27/05 CONCRETE SIDEWALK
D. GEBERT 04/2/07 DATE 7/24/01 SCALE DWG
1 1 NTS I No' E2.13
TY INSPECTION. REQUIRED ON ALL EROSION CONTROL
'ASURES BEFORE WORK CAN BEGIN,
la9o-199U
ATE
STRAW BALES MAY BE USED IN
CERTAIN CIRCUMSTANCES (SEE
DETAIL E1.1.1), THIS APPLICAITON
SHALL BE MAINTAINED- AT ALL
TIMES DURING CONSTRUCITON
PERIOD,
REVISIONS STANDARD DETAIL
APPROVED BY DATE
D. GEBERT 10/6/03
D. GEBERT 05/19/05 TEMPORARY SEDIMENT TRAP FOR CATCH BASINS
D. GEBERT 05/05/06 DATE SCALE DWG NO.
7/24/01. NTS E11.3
6-
In / hATKI
SPEED
LIMIT
25
MPH
2'X2' UNISTRUT POST
,SE r�])EiAIL�'Al
� S N N- DE WALK
UNISTRUT SLEEVE
CONCRE
,(DETA�IL 'k
TYPICAL PDSt-.:,-I-NS,TgLL4T�IDN,.:-�-1,
2' MIN
INSTALLATIDN BEHIND SIDEWALK
4�'TAKmADT) 4�'Trl[) 4ZUAI I 'DC' ".)nffV'Dn#
INSTALLATIDN BETWEEN PER MUTCD #Rl—l.
CURB AND SIDEWALK OTHER SIGNS PER MUTCD AS APPROVED
BY CITY TRAFFIC ENGINEER
REVISIONS
APPROVED BY DATE STANDARD DETAIL
D. GEBERT 10/6/03 TRAM C STREET -,SIGNS
I D. GEBERT 4/2/07 DATE SCAL DWG 140.
lcr9o-199" 7/24/01 NTS E8.4
Hydrant No.
EDMONDS FIRE DEPARTMENT—
rrl*�9r 7 F ILE
R �'t=-
arking Ftre.Hydrants--Fteld. Work Form,
7
4
0 4-3
Equipment needed—fdr, testfng::
1.,
Stream d e*f I ector,
2'.
japped 212-" cap to. receive.,gauge
3.
-gauge to conf frm accuran,cy, f -
P,etot o .,resi.dual . g a u§e�
affixed.to 2k". cap
4�.r
"-Gau'g'e to reco.rd res.idua.l.- and, stat4d*-, pressures,
5.
Hydrant wrench
1 186
6.
Field work forms. and'pencils
2 264,
7.
Tape measure
3 323,
4 373
8.
300 angle port extension from Eng,ine�65-
5 417
6 457
7 493
Equipment needed. for- maintainance and. painting:
8 527
9 559
10 590
1.
Shovel and rake
11
2.
Syth or weedeater.with generator
12 646
13 672
3.
Green, orange, red, and.chrome yellow paint
14 698
15 722
4
Paint thinner
16 746
5.
Paint rags
17 769
18 791
6.
Paint brushes
19 813
7.
Wire handbrushes
20 834
22 874
8.
Coveralls
24 913
26 9 51
Logical sequence,of operations and blanks to record -
28 987
30 1021
32 1055
needed, information:
34 1087
36 1119
1.
Hydrant locationA,,/,/_i-= e-,,'�IfAleAe e�) 221 1 , W194Mj7
38 1149
40 1179
2.
36 clearance around hydrant? YF_5
42 1209
44 1237
3.
Are threads clean and in good repair?
46 1264
48 1292
1318
W
4.
Does hydrant have chains?
52 1344
54 1 370
5.
Number of turns to open hydrant
56 1395
58 1420
60 1444
4
6.
Number of turns to close footvalve
6
62 14 a
64 . 1491
7.
Number of turns to reopen footvalve
66 1515
68 1537/,.3
1560 �00
70
8.
Color of water after. reasonable. flushing
72 1582
74 1604
9.
Any signs of washing up around hydrant base?
76 1625
78 1647
8o 1668
10.
Static pressure
82 1688
S4 1708
11.
Does water leak from bonnet?
Ss 1729
go 1749
go 1769
.12.
Cap gauge pressure minus 4 P.S.I. or petot,gauge
92 1788
"08
pressure 4
94
go 1827
go 18446
100 186
13.
Use table at right column of this, page to arrive at
102 1883
discharge from single 2k" port and record
104 1901
106 1919
log 1938
,14.
Color bonnet is painted A X51
110 1955
1 12 1973
114 1 991
*Note: Items 6 & 7 above are not' to be included in the
lie 2008
lie 2025
1980 program.
12o 2042
122 2059
124 2076
124 2093
2@ 2109
130 2126
EJ : sr/80 132 2142
134 2158
i3a 2174
ojo�,k
Impala or else to the Celebrity which is a four-wheel drive vehicle and has not been
satisfactory on a maintenance basis. He thought that eventually would be the vehicle
to use, but not at this time. The proposal now was to lease a 1984 Chevrolet Impala
at the rate of $495 per month, for two years. In a memorandum, Chief Foster had
MOTION: discussed the merits of leasing over purchasing. COUNCILMEMBER KASPER MOVED, SECONDED
BY COUNCILMEMBER HALL, TO APPROVE ITEM (G) ON THE CONSENT AGENDA. MOTION CARRIED.
Mayor Naughten proposed that two items on this evening's agenda be continued to future
dates because the agenda was so full this evening. He suggested that Item 5, the
hearing on an appeal from ADB approval of the sign on the north face of the proposed
Edmonds National Bank building at 125, 137, and 145 3rd Am S., be continued to
March 6, 1984; and that Item 7, the hearing on the appeal from the ADB denial of the
existing freestanding sign at the Dairy Queen Drive -In Restaurant at 7530 212th S.W.,
MOTION: be continued to April 3, 1984. COUNCILMEMBER JAECH SO MOVED, SECONDED BY COUNCILMEMBER
KASPER. MOTION CARRIED.
HEARING ON APPEAL OF HEARING EXAMINER DECISION ON CONDITIONAL USE PERMIT FOR
555 WALNUT ASSOCIATES CONDOMINIUM (APPELLANT: TUPPER)
Councilmember Dwyer stated that he is on record as having spoken against this proposal
at the Hearing Examiner hearing, so he excused himself from participating and left
the room. Councilmember Jaech stated that when the other appeal on this project was
before the Council recently she was advised by City Attorney Wayne Tanaka that she
should disqualify herself from participating because she lives across the street from
the proposed project, and she also had been told she should not sit in the audience.
She asked if that applied also to this hearing. City Attorney Mark Eames advised
that she should step down but she could go to the back of the room (the full hearing
room was open this evening because of the large audience in attendance). Councilmember
Jaech did leave the rostrom and went to the back of the room.
Ray Martin, 18704 94th W., called for a point of order and wished to address the
Council. Mr. Eames stated that only the Council could call for a point of order, but
they could vote to allow Mr. Martin to speak on that point only. Councilmember
Wilson stated he thought they should stay with their established rules. Mr. Martin
was then told he could not speak at this time. Phil Carter, the attorney for the
applicants, said he did not know what Mr. Martin wanted to talk about, but from his
clients' point of view he wanted to be sure this hearing was conducted in the proper
fashion and did not want the hearing to be tainted, and if Mr. Martin's point of
order concerned the make-up of the Council hearing the appeal he woula like that
known. Mr. Martin refused to reveal the subject of his call for a point of order.
Councilmember Hall felt that he would have his turn to speak, and she said the Council
intended to proceed in a fair and orderly manner. Mr. Martin then said his point did
have to do with the constitution of the Council. COUNCILMEMBER KASPER MOVED, SECONDED
BY COUNCILMEMBER WILSON, TO ALLOW MR. MARTIN TO SPEAK. MOTION CARRIED. Mr. Martin
read from Section 1.14.040 of the City Code regarding participation of public officials
and he stated that Councilmember Kasper had received $100 from the Echelbarger Lan
D_CvLel—o— _C7_ —i7m7Wfgn
pEe_nf q
_,_ as a c
form. That sect-f-on -oort-fie'-C-ode prohibit-'si- partiUpiti6fi in any matter concerning
individuals, groups, corporations or associations or other businesses or entities
contributing over $50 to the public official's campaign expense. Mr. Martin went on
to say that Councilmember Kasper had participated in a conversation concerning this
project several months previously, prior to the ADB hearing, and had explained the
entire project to those present and when asked how he'knew so much about the project
he stated the Echelbargers had approached him for its financing, and when he was
asked if he was going to finance it he said he told them to come back to him after it
cleared the Council. Therefo�e, Mr. Martin felt this was a direct conflict of interest.
He said he suspected this occurred prior to the previous hearing also. Councilmember,
Kasper responded that it w ' as true he had received the contribution and it was on his
disclosure form, but he said he did not discuss this with the Echelbargers and, in
fact, did not even know about the project until it went to the ADB. He said the
project in question was another one and he had stated at the last hearing that the
project he had been asked to finance was the Willow Run project and he had turned
them down and said he was not interested until such time as it had gone through the
process, which it now has done and he has taken the application. He said he does not
enter into financing anything until a building permit is issued or the city is ready
to issue it --sometimes the city will not issue until the financing is in place. He
thought what had happened here was that people might have heard him talking about the
Willow Run project, but it was not the 555 Walnut project. He was not willing to
step down from this hearing unless instructed to do so by the City Attorney. He
added that he disclosed four or five contributions that he had received and that is
EDMONDS CITY COUNCIL MINUTES
Page 2 - February 7, 1984
M,
public record in the courthouse and in Olympia. Further, he said Mr. Dean Echelbarger
has given money to a lot of candidates with no strings attached. Mr. Eames stated
that the State Legislature has -recently passed a law that campaign contributions are
exempt from that, but the City has an ordinance as stated. Patrick Echelbarger, one
of the principals in the 555 Walnut project, asked to speak. He said his father,
Dean Echelbarger, is not associated in this project at all, but he had written a
personal check from his own personal account to several Councilmembers and to the
Mayor. He said all the documents are signed by his brother, Lindsey Echelbarger, and
himself, and his father has been at the meetings as an interested party to see how
his boys have learned -their lessons. Councilmember Kasper stated that he did not
feel he had received any money knowingly from anybody involved in this project. Mr.
Eames said that from the City's interest if the contributions made were not made by
anyone directly or indirectly interested or benefitted by this project, then he would
say the City's law is not violated. He also pointed out that Mr. Kasper stated there
are no connections through his occupation with this project, so Mr. Eames thought
Councilmember Kasper was entitled to hear this matter. Councilmember Kasper stated
that he had not discussed this project with Dean Echelbarger, and Mr. Eames advised
him that he could remain!
Planning Director Mary Lou Block reviewed the appeal. A public hearing had been held
by the Hearing Examiner on December 1, 1983 at the request of the 555 Walnut Associates
for a conditional use permit to grade approximately 3,700 cu. yds. of material at
that location. A major portion of the requested grading involves earth removal
necessary to provide the underground parking authorized by the ADB and, subsequently,
the City Council, in their approval of the building and site design. The Hearing
Examiner issued his decision of approval on December 22, 1983, subject to specific
conditions, and on January 9, 1984 that decision was appealed by Finis Tupper. The
Council had been provided copies of all the pertinent documents. Ms. Block reviewed
the conclusions of the Hearing Examiner and read the conditions of his approval, as
follows: (1) The applicant is to submit an erosion control plan for review and
approval by,the City Engineer, which plan is to be submitted with the building permit
application and to include a temporary erosion control plan. (2) The applicant is to
review all truck routes for excavation purposes with the Public Works Director and
the City Engineer, who are to approve truck routes into and out of town. (3) The
hours of operation for grading shall be limited to 8:00 a.m. to 5:00 p.m., Monday
through Friday. (4) The application shall make provisions to keep all public streets
cleared and swept during the grading and building phases of the project. (5) The
applicant shall provide a centerline profile of the driveway into the garage, showing
the proposed slope. (6) The applicant shall make provisions for gravity storm drainage
of the garage or a back-up pump shall be required with the drainage plan. (7) The
applicant shall erect a fence to encircle the excavated area. The fence shall be
locked when work is not being performed. (8) All landscaping shall be done as shown
on the exhibits that were submitted by the Applicant. The landscaping shall be
approved by the Planning Department of the City of Edmonds. (9) The applicant shall
remove all backfill from the site when it is not being used. The applicant shall be
required to return the backfill to the site when it is ready to be used. (10) The
applicant shall obtain a street use permit for any storage of building materials that
occur on City property. (11) The conditional use permit is not transferable. Ms.
Block stated that a declaration of nonsignificant environmental impact had been
issued.
Finis Tupper, the appellant, 711 Daley St., said a conditional use permit is a special
privilege granted by the City through the Hearing Examiner process to provide control
and guarantee consistency and compatibility to other existing or permitted uses in
the same zone. He referred to Section 20.05.010 of the Community Development Code
and said those criteria must be applied to the decision, but those criteria were not
met, one of them being that the proposed use be consistent with the Comprehensive
Plan, which is Title 15, but the Hearing Examiner had mentioned the Comprehensive
Plan Map which is a minor element of the City policy. He said it should be realized
that the Hearing Examiner is only allowed to base his decision on testimony provided
at the hearing. He spoke of grading, filling, and tree cutting, saying the Hearing
Examiner did not require any of the vegetation to be retained on this site and there
a re some older trees such as the magnolia tree which is in the building pad area.
He said the staff report failed to detail the nature of the site and described the
topography as an 8% slope from east to west on Walnut, but there is a 40% - 50% slope
from north to south. He read from the Code that buildings on slopes of 15% or greater
should be designed to provide minimum disruption to topography. and he said developers
should not have the right to build a taller builder because of the topography. He
presented several petitions supporting retention of a two-story residential character
of development. He said a building the size of the proposed condominium cannot and
will not harmonize with the existing structures in the area. He noted that the
EDMONDS CITY COUNCIL MINUTES
Page 3 - February 7, 1984
topography of the property south of 555 Walnut.would not allow a building taller than
25' because it is flat, so he said that makes the design inconsistent with the neigh-
borhood. He urged that only 1,850 cu. yds. be allowed to be excavated which would
allow underground parking and reduce the size of the proposal.
Lindsey Echelbarger, 23614 102nd Pl. W.. one of the principals in the project (owning
the property with his brother, Patrick Echelbarger), said it is ironic that Finis
Tupper is appealing this because back in November after an ADB meeting, in talking
with Mr. Tupper, Mr. Tupper had indicated that if a condominium had to belbuilt then
it was better to build the parking underground. Mr. Echelbarger read from the Code
the four findings that must be made in order to grant a conditional use permit and
di9cussed how the project.met the criteria. He said they are proposing a redevelop- f
ment of an existing developed lot --not like what would be found in a forested part o
a
the City. The gr ding, cutting, and filling are mainly restricted to the building a d
driveway areas. Only about 1/8 of the soil will be removed outside of the building
pad. He said for a site larger than 1/2 acre in -the middle of town 450 yards is not
too much, especially when it preserves the existing topography. The balance will be
removed from under the building. Outside of the building pad the grading will be
minimal and will preserve the natural features on the site. He noted that it is
customary to park cars mainly outside in parking lots, but that decreases landscaping.
He gave for an example the Seacrest Condominium which has 46% of the land covered
with asphalt. He said he proposes to cover only 8 1/2% with asphalt, and where
Seacrest has 19% in landscaping he proposes 46% in landscaping. He said he is very
much in compliance with the Comprehensive Plan and the Urban Design section. As to
conformity with the zoning ordinance, he said it was stated by the Hearing Examiner
that the project is an allowed use in an RM-1.5 zone. He noted that the Hearing
Examiner had imposed conditions for them to follow to assure that the project will
not be significantly detrimental to the public health, safety, and welfare. Further,
he noted that the Hearing Examiner had ruled that the conditional use permit is not
transferable, and although he did not agree with that, he said it was minor. He
noted that the Council had adopted the findings on December 20, 1983 in the denial of
the appeal of the SEPA threshold determination, and in the testimony the issue of
excavation was discussed thoroughly and the Council found that it would not result in
a significant adverse environmental impact. He noted that the issue this evening was
not whether or not 555 Walnut Associates should build a condominium, as the Council
had already decided that, but this discussion was on whether or not they should have
an underground parking lot, and if they are not to have that they will have to change
the design of the building and put the parking outside. He thought that the people
who say they are concerned about the interests of the City should recognize that the
underground parking was in the interest of the City. The hearing was opened.
Karl Niggol, 809 Walnut, said he did not have any idea what the building will look
like, and he asked if the City Council could not make up its mind on how the laws are
written. He said something must be wrong with this, and he asked why there must be a
"significant" impact on the environment, why not complete. He said the storm sewers
are overloaded and the man who approves this should ask more of what the people want.
Dan W. Carroll, 716 Cedar St., said he just plainly does not like more condominiums,
and more than anything else he does not like the intent to build a larger building by
digging into the hillside, and if there is an ordinance saying 25' above the existing
level, that is where it should stay.
-Sauerland &
Robert Jones, 23106 100th Ave. W., professional engineer with Lovell
Associates, representing the applicants, said he was present to answer any questions.
Bill Mathias, 540 Holly Dr.. asked the Council to overturn the Hearing Examiner s
findings on the basis of error. He said the information was not presented correctly
to him in that the building does not meet the required rear setback requirement which
is 15' and the building is within 13' of that setback. Moreover, he said the Code
says parking is not to take place in the street setbacks and they have designed three
at the rear of the building that occupy the setbacks. He was sure if the Hearing
Examiner had been aware of that he would not have granted the permit. Ms.*Block
responded to his allegation.regarding the rear setback that on a corner lot there is
no rear setback, there are two fronts and two sides, and she quoted the section of
the Code which states that. The required side setback is 10' so it is met. Mr.
Mathias said again that there is a violation in the parking locations.
Jean Marr, 504 6th Ave. S., addressed the driveway requirement which she thought was
overlooked in the plan. She said the driveway shown on the plan is not perpendicular
to the lot line as required and that entry will require an almost 1800 turn. She
EDMONDS CITY COUNCIL MINUTES
Page 4 - February 7, 1984
�hought the project should be denied because the driveway does not meet the criteria
in the Code and it is not safe due to the turning radius and the dimensions of Walnut
St. She provided two photographs of Walnut St.
Kirby White, 639 8th Ave. S., said this should be looked at as a whole. He thought
the ADB did not have the proper input from the citizens and he asked them to postpone
this until there is more citizen input. He said he did not want Edmonds to be another
Lynnwood.
Lois Lucum, 702 Alder, a 30-year resident of Edmonds, said she had worked with the
original group of people who decided what they wanted for Edmonds, and she thought
they had a height ceiling. She said this was a monstrosity and not in keeping with
what the citizens said they wanted. She said it would destroy her view.
Trudie Thornbrough, 821 Walnut, said she is interested in heights and she fails to
see why the subject has to reappear before the Council every two years. She asked
what the height of 25' is based on and if it is street level. Ms. Block explained
the formula, that the building can go up 25' from the mean of the four corner points
of the building.
Lee Abbott, 658 Maple, asked how much of the landscaping will be visible. He said
that looking out his window what view he has will be destroyed with the rest of the
condominiums going across the skyline.
Dan Jaech, 546 Walnut, asked that the proposal be denied. He thought the project did
not comply with the Comprehensive Plan, and he said although the designation of two
stories did not get into the Code, the intent was there. He said this building is
significantly higher than 25' because of a loophole in the Code, and that the design
should be similar to the design idiom of the single-family homes. Further, he said
RM development should preserve views of surrounding buildings. He said one of the
petitions presented is from people who say this building will affect their views. He
said the project does not comply with the zoning ordinance, and that one of the
previous speakers testified that the landscaping can only be seen from 6th Ave. He
said the landscaping is only meant to benefit the people who live in the condominium,
and if you are looking at the building from the face it does not matter if it is of
sawtooth design because all you see is a wall. He thought Beck Lane to be a street,
so he said that would cause the site not to be a corner lot and that it should have a
rear setback. He felt the granting of the conditional use permit for the excavation
would not be necessary if the project complied with the spirit of the Code. He said
the building was placed at one end of ' the property to maximize the development, and
the right to develop property is not an unrestricted right. He thought some compromise
should be mandatory. He said maybe someday a developer will get together with the
neighbors before starting on a project like this.
Ray Martin, 18704 74th W., had attended the ADB hearing on this matter and he made
some statements later that he had never seen a more unfair hearing, which he wanted
to elaborate on now. He said he had been trying to lay,out the things in the Code
that this project did not comply with, and the regular chairman was not present, and
Greg Selvidge, one of the board members, interrupted him and pointed out that the
City Attorney had already advised them that what they were intending to do was legal
so why was he wasting his time talking to them. He said their minds were set and
they were not interested in public input, but he pursued his presentation,,and another
member acted like he was about to fall aslee He said he asked if he was bored and
he answered yes and asked why he (Mr. MartinNid not go away. Mr. Martin said these
were his observations of the process. He asked the Council to consider carefully the
input heard tonight.
Betty Mathay, 8006 240th S.W., said the Code was made by the citizens and they want
a two-story residential character. She was against having this excavation as proposed
because it is extensive, and she wondered about the accumulative effect of many of
these projects. She said it would be nice to have a good technical study by the
City. She thought this should be denied or at least modified. She asked the Council
to consider a letter that was given to her to be read into the record, which she did.
It was from Barbara Andersen, president of a "Save Our Code" organization, the member-
ship being of Lake Ballinger area residents. She asked that the "variance"
(which this is not) be denied because the excavation exceeds Code provisions, would
permit greater development than the public desires, and that an exception situation
does not exist for which a variance should be granted.
Roger Hertrich, 1020 Puget Dr., had attended the ADB and Hearing Examiner hearings,
and he agreed with the objection to the building height. He said excavation and
design go together, and it appeared to him that the project has a large courtyard in
EDMONDS CITY COUNCIL MINUTES
Page 5 - February 7, 1984
9 0
the middle but the total building pad of four corners includes that. He said the
project is spread out to cover the lot so the average comes out higher, but if you
were to put the two buildings together without a courtyard it would reduce the building
pad and very possibly reduce the building height. He felt there to be a problem when
there are four stories on one end of a building and two on the other. He felt that
buildings on steep slopes with the present method of calculation present a problem,
and that people did not expect four story buildings on one end of a lot when they
wanted a 25' height restriction.
Dick Beselin, 1108 12th N., a ten-year resident of Edmonds, said he has nothing to do
with this project or the Echelbargers, but he is in a similar type of business. He
said that three years ago he built a house and he lo ' oked for a long time for the
building lot. He, too, had an unfortunate experience with his previous residence
where he did not take in the immediate area around him. He said much was said tonight
a6out what the Code should be, but the question is what the Code is, and the Hearing
Examiner, the ADB, and the Council have looked at this. He thought it was rather
clear, and he said the question is of zoning. He noted that most of the people who
had spoken are right next -door to the project and they have lived there and now
somebody has purchasid the property with the zoning.on it. He said the people should
work to change the zoning, but not come in after somebody has acquired it to develop
it consistent with the zoning and the Code. He also had attended the other hearings
on this and said mo.st df what was said this evening was not regarding the conditional
use permit but was discusssed on December 20. He said the Council should look at
this in an objective manner.
Finis Tupper spoke again, saying City Attorney Mark Eames had been at the ADB hearing
and advised them that the ADB was addressing only the design, not the grading. Mr.
Tupper again said a conditional use permit is a special privilege and is supposed to
create a degree of order and control what uses will take place in existing zones. He
asked if Mr. Echelbarger is allowed to build a taller building and get an extra story
because his rear lot has a 40% - 50% slope, and across the street where it is flat if
a developer in the future is going to be able to build a 40' building. He said that
since that future developer will not, this building is not compatible because it will
be a large boxy condominium and future buildings will not be compatible in height.
Phillip Carter, attorney on behalf of the applicants, 1313 Market St., Kirkland, took
exception to Mr. Tupper's statement that the conditional use permit is a privilege.
He said the application for a variance asks for a privilege, but they are not asking
for a variance. He said this building in all respects meets every section of the
Code, and they are asking for a conditional use permit and have a right to such a
permit --not a privilege. He said the Council has the right to impose reasonable
limitations on the exercise of that permit. With regard to the allegation that the
granting of this permit will allow greater development or greater heights of the
buildings on the site, he said that is not true. He noted that the staff and the
City Council had.considered this matter before, and the Council specifically con-
sidered whether this building met the height limitations of the Code in connection
with the ADB proceedings, and it approved unanimously the recommendations of the ADB,
finding all the criteria were met on December 13. He pointed out that the people who
criticized how the ADB conducted their hearing and how they were treated left out
that they appealed the ADB decision and this Council approved the project, and they
had the option but chose not to go to court. He noted that they challenged it on the
negative declaration and the Council ruled it was appropriate, and they did not
appeal. He noted that virtually all of the matters discussed this evening were not
pertinent, and he asked that the December 13 Council minutes be incorporated -into the
record. He said he had written a letter to the City on December 1, 1983, prior to
the Hearing Examiner hearing, relating to the issue of the conditional use permit,
and that it is his understanding that in every prior case where there has been an
application for a building or excavation for underground parking, this City has
treated that excavation as being exempt from the grading permit process, and also
excavations for utilities are excluded. He ventured to say the City has projects
underway currently where conditional use permits were not issued. His position was
that they do not need a conditional use permit and their application was filed under
protest. As to whether they had met the burden of the conditional use permit, he
said the project itself has been unanimously indorsed for height by the City Council,
and while some people talk about the fact that a lot of landscaping is on the inside,
Mr. Echelbarger advised him that 2,400 sq. ft. is all that is inside the interior
courtyard. He thought everyone present would say underground parking is desirable,
and he noted that the Council said that on December 13, and he said the question is
whether 3,250 cu. yds. of material will cause a substantial detriment to the community,
which was considered by the Hearing Examiner. He submitted that it will not provide
any detriment to the community and, in fact, will provide a benefit. He recalled
that a site layout was shown where they could build a similar building with parking
EDMONDS CITY COUNCIL MINUTES
Page 6 - February 7, 1984
0 9
above the ground, and they are not picking up anymore units, density, or lot coverage,
but are only creating more of an amenity on the land surface —for the purchasers, the
neighbors, and the community, and the underground garage is a benefit to the City and
it is not a detriment. He said there clearly had been no evidence that it is a
substantial detriment. He noted that the Council had specifically considered the
fact that height limitations of 25' are met by this building and that is not meant to
include basements. Further, that the Code does not include a basement in the 25' in
a single-family home. He added that the Echelbargers own this land and they are not
speculators, but they purchased the property, and it cost them $180,000 additional to
put the parking underground. He said this is not a get -rich scheme, but it is a
quality project that the Council unanimously indorsed, and the staff had indicated
that all criteria of the Code are met, and the Hearing Examiner also found that. He
submitted that there was no evidence whatsoever to show this excavation of this
material will be detrimental to the community, and the issue is taking the dirt out
of -the ground for a project that has already been approved. The hearing was closed.
Councilmember Ostrom asked the City Attorney if it is a fact that the conditional use
permit is a right and, if so, what is the hearing process to decide. Mr. Eames
responded that uses are permitted, either outright or with a conditional use permit,
and a use is permitted in the zone but the City has the right to place reasonable
conditions on the use to inake that use compatible with other uses in the zone, so it
is different from a variance in that respect. Councilmember Ostrom noted that the
Code specifies a limit of 500 cu. yds. Mr. Eames explained that all the Code says is
if a person is going to excavate more than 500 cu. yds. then he must get a conditional
use permit, and that is the situation here, and perhaps anything over 500 is substantial
and should be reviewed by the City to see if any conditions should be placed on it.
Councilmember Ostrom said he had been quite concerned about this particular issue for
some time, and he thought the City government in Edmonds has been extremely lax in
not monitoring that kind of use in the City. He had seen whole hillsides gouged out,
and he did not see why that practice should be continued. He thought it should be
kept within the 500 cu. yds., within the Code, and let it go at that. He thought
they were risking havoc with the terrain and topography in this City and he saw no
justification for granting the permit.
Councilmember Nordquist noted that Mr. Tupper had indicated he would like to see
1,850 cu. yds, but that Councilmember Ostrom wanted it kept at 500. Councilmember
Ostrom thought it completely clear that the reason for getting more than 500 was to
get a maximum size building, and that was the whole point. He said people never
build less than maximum and then they ask for more.
Councilmember Hall said they had to separate in their minds what they were ruling on
at this time. She noted that Mr. Tupper said 1,850 and Councilmember Ostrom said
500. She said the zoning is proper and she was,trying to see what it would do for
the neighborhood, and she thought it would enhance the neighborhood. She advised the
opponents that if they were not to have this excavation they would have the automobiles
in their sight all day long, and the percentage to be landscaped is high so that
MOTION: enhances it. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO UPHOLD
THE HEARING EXAMINER'S DECISION ON THE CONDITIONAL USE PERMIT TO GRADE APPROXIMATELY
3,700 CU,YDS._.OF MATERIAL -AT 555 WALNUT ST.,, BECAUSEJT_ IS -CONSISTENT WltH'IHE�_
COMPREHENSIVE PLAN FOR THE CITY OP EDMONDS;_AND THE--CONDI-TioNAC-USE PERMIT WI - LL NOT
BE'SIGNIFICANTLY DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC OR To
THE NEARBY IMPROVEMENTS; AND THAT FINDINGS OF THE HEARING EXAMINER ARE ADOPTED.
Councilmember Kasper said he would like to affirm the decisions of the Hearing
Examiner fromthe standpoint that there are items he has added to this which Council -
member Kasper had not seen in other cases; e.g., he had required fencing and other
items that address problems that have arisen in the removal of dirt in the past.
Councilmember Ostrom asked about the violation of the setbacks by 2', and Ms. Block
said it was the determination before it was taken to the ADB that it did meet all the.
setback requirements, as she had indicated, because it is a corner lot and there are
two front and two side setbacks, and the side setback requirement is 10' and they
have 13'. Councilmember Ostrom said that, if they approved this conditional use
permit, then once more they were telling the people who live in an area what is
better for them. Councilmember Nordquist asked him what they would have if they did
not pass it --did they drive the building back to a different design? He said all
that would do is move the parking from beneath the building to the top of the site,
but if there were some chance of a compromise that was another thing. Mayor Naughten
asked the applicants what would happen if this were denied and no parking was under
the building --would that change the design of the building significantly? Mr. Carter
responded that he had just asked Mr. Echelbarger that question, and if they were
forced to put the parking above they would have to look at how the parking circulation
would be, so they could not answer that question. Mr. Tupper asked if the design
EDMONDS CITY COUNCIL MINUTES
Page 7 - February 7, 1984
would have to go back to the ADB if they changed the parking, and Mr. Eames advised
him that it would. Mr. Tupper said a change of design is a threat and putting the
parking.above is a threat which the Council should ignore. Mr. Eames noted that the
ADB approval was contingent on the approval of the conditional use permit, so if it
is not granted and there is any change to the design it would have to go back to the
ADB. A ROLL CALL VOTEWAS TAKEN ON THE MOTION, WITH COUNCILMEMBERS HALL, WILSON, AND
KASPER VOTING YES, AND WITH COUN_C_ILMEMBER� 14ORDQUIST AND OSTROM_V0,TING NO. MOTION
CARRIED. A recess was announced, and foll—owG-4 the recesVC6�urrcf1i aech and
Dwyer returned to the rostrom.
HEARING ON PROPOSED 36-LOT SINGLE-FAMILY PLANNED RESIDENTIAL DEVELOPMENT AND
SUBDIVISION AT 638 ELM ST. (ADB-88-83, PRD-1-83, P-9-83 -- HOMELAND HOMES, INC.)
Councilmember Kasper said this is adjacent to property he is financing on Willow Run
and he was willing to step down if the City Attorney so advised. Mr. Eames stated
that certain similar cases have been so decided by the courts, so he would ask
Councilmember Kasper to step down. Councilmember Kasper left the room and did not
return during the rest of the meeting.
Assistant City Planner Du ' ane Bowman said the proposal has been approved by the Hearing
Examiner and the ADB had made a recommendation to the Council for approval. A letter
of opposition had been received from Robert and Marilyn Klepinger in which they
stated their intention to appeal the decision of the ADB, but that decision was not
appealable because it was only a recommendation to the Council. That letter, together
with the Hearing Examiner's report, minutes of the ADB hearing, and copies of the
proposed development plans were provided to the Council. The Hearing Examiner listed
certain conditions of approval. Under ST-5-83 was a street map amendment to reduce
the proposed right-of-way of Elm St. from 60' to 50' as no justification could be
found to retain the 60' right-of-way width. The actual right-of-way controlled by
the City ranges from 30' to 60' from 6th to 7th Aves. Mr. Bowman said if the Council
found no objection to the Hearing Examiner's recommendation then by no action it
would go back to them for approval on the Consent Agenda, and if they should disapprove
it then they should set a date for public hearing. Colored renderings of the proposal
were displayed and the site plan shown. Also shown was the proposed realignment of,
the intersection of 6th and Elm. The current pavement of Elm ranges from 18' to 22
As a requirement of the PRO there will have to be a 22' minimum width. Also, there
will be a sidewalk along the south side of Elm St. Councilmember Jaech noted that
with cars parked on the south side of Elm and traffic going both ways it is extremely
tight, and there will be a lot of traffic on Elm. She asked how the existing residences
on Elm can be accommodated for their guest parking. Mr. Bowman said that was not
addressed in this project, that it is an existing situation now. Parking and guest
parking for the PRD are provided within the PRO. He read the recommendation of the
Hearing Examiner. One of the conditions was that $200 per lot be contributed to the
City for improvements to the City park prbperty in the immediate vicinity of the PRO.
This is to be a voluntary agreement on the part of the applicant, and the applicant
acknowledged that at the hearing. Half of the contribution is to be paid at the
final approval stage and the other half on a per lot basis at the time of issuance of
the building permits. The City's former in-li'eu park fee had been $300, and the
applicant volunteered $200 per lot. Mr. Dwyer noted that the letter of opposition
alleges that the proposed development is not sufficient for children to have a place
to play. He asked if it was the staff's position that the $7,200 was a trade-off for
that. Mr. Bowman responded that the Parks Department in analyzing the development
indicated this development would impose an impact on City Park and Pine St. Park and
this would mitigate that. A large amount of open space is in that development. He
would say there is sufficient area in the PRO for children. Councilmember Jaech
noted that the 50-unit development west of this which was approved in 1979 was still
having problems in the control of the drainage and this property is uphill from it.
She asked if it would have the same problems. Mr. Bowman said the applicant and the
City are aware of that situation and the lots impacted by that would be Lots 1-5
which are adjacent to the hillside. The plan is that they would intercept that
groundwater and channel it back into the stream. Mr. Bowman concluded that a declaration
of nonsignificant environmental impact was issued for the proposed and the final
plat.
Herb Carpenter of Reid, Middleton & Associates, representing Homeland Homes, said
there is approximately 45' of elevation from one side of the site down to the stream
and there are three houses there now. One or two will remain. The stream runs year-
round and there are wetlands in the southeast corner. Access is limited because of
sight distance problems. The homes.will range in size from 1,500 to 2,000 sq. ft.
A serious effort has been made to protect as many of the trees as possible, and an
objective was minimum individual upkeep for the homeowners, so the homeowners'
association will have most of the grounds upkeep. There will be an area for storage
EDMONDS CITY COUNCIL MINUTES
Page 8 - February 7, 1984
Impala or else to the Celebrity which is a four-wheel drive vehicle and has not been
satisfactory on a maintenance basis. He thought that eventually would be the vehicle
to use, but not at this time. The proposal now was to lease a 1984 Chevrolet Impala
at the rate of $495 per month, for two years. In a memorandum, Chief Foster had
MOTION: discussed the merits of leasing over purchasing. COUNCILMEMBER KASPER MOVED, SECONDED
BY COUNCILMEMBER HALL, TO APPROVE ITEM (G) ON THE CONSENT AGENDA. MOTION CARRIED.
Mayor Naughten proposed that two items on this evening's agenda be continued to future
dates because the agenda was so full this evening. He suggested that Item 5, the
hearing on an appeal from ADB approval of the sign on the north face of the proposed
Edmonds National Bank building at 125, 137, and 145 3rd Ave. S., be continued to
March 6, 1984; and that Item 7, the hearing on the appeal from the ADB denial of the
existing freestanding sign at the Dairy Queen Drive -In Restaurant at 7530 212th S.W.,
MOTION: be continued to April 3, 1984. COUNCILMEMBER JAECH SO MOVED, SECONDED BY COUNCILMEMBER
KASPER. MOTION CARRIED.
—HEARTNG-ON-
�%.555 WALNUT:,
OF HEARING EXAMINER DECISION ON CONDITIONAL USE PERMIT FOR
Councilmember Dwyer stated that he is on record as having spoken against this proposal
at the Hearing Examiner hearing, so he excused himself from participating and left
the room. Councilmember Jaech stated that when the other appeal on this project was
before the Council recently she was advised by City Attorney Wayne Tanaka that she
should disqualify herself from participating because she lives across the street from
the proposed project, and she also had been told she should not sit in the audience.
She asked if that applied also to this hearing. City Attorney Mark Eames advised
that she should step down but she could go to the back of the room (the full hearing
room was open this evening because of the large audience in attendance). Councilmember
Jaech did leave the rostrom and went to the back of the room.
Ray Martin, 18704 94th W., called for a point of order and wished to address the
Council. Mr. Eames stated that only the Council could call for a point of order, but
they could vote to allow Mr. Martin to speak on that point only. Councilmember
Wilson stated he thought they should stay with their established rules. Mr. Martin
was then told he could not speak at this time. Phil Carter, the attorney for the
applicants, said he did not know what Mr. Martin wanted to talk about, but from his
clients' point of view he wanted to be sure this hearing was conducted in the proper
fashion and did not want the hearing to be tainted, and if Mr. Martin's point of
order concerned the make-up of the Council hearing the appeal he would like that
known. Mr. Martin refused to reveal the subject of his call for a point of order.
Councilmember Hall felt that he would have his turn to speak, and she said the Council
intended to proceed in a fair and orderly manner. Mr. Martin then said his point did
have to do with the constitution of the Council. COUNCILMEMBER KASPER MOVED, SECONDED
BY COUNCILMEMBER WILSON, TO ALLOW MR. MARTIN TO SPEAK. MOTION CARRIED. Mr. Martin
read from Section 1.14.040 of the City Code regarding participation of public officials
and he stated that Councilmember Kasper had received $100 from the Echelbarger Land
Development Co. as a campaign contribution, which was indicated on his public disclosure
form. That section of the Code prohibits participation in any matter concerning
individuals, groups, corporations or associations or other businesses or entities
contributing over $50 to the public official's campaign expense., Mr. Martin went on
to say that Councilmember Kasper had participated in a conversation concerning this
project several months previously, prior to the ADB hearing,,and had explained the
entire project to those present and when asked how he knew so much about the project
he stated the Echelbargers had approached him for its financing, and when he was
asked if he was going to finance it he said he told them to come back to him after it
cleared the Council. Therefore, Mr. Martin felt this was a direct conflict of interest.
He said he suspected this occurred prior to the previous hearing also. Councilmember
Kasper responded that it was true he had received the contribution and it was on his
disclosure form, but he said he did not discuss this with the Echelbargers and, in
fact, did not even know about the project until it went to the ADB. He said the
project in question was another one and he -had stated at the last hearing that the
project he had been asked to finance was the Willow Run project and he had turned
them down and said he was not interested until such time as it had gone through the
process, which it now has done and he has taken the application. He said he does not
enter into financing anything until a building permit is issued or the city is ready
to issue it --sometimes the city will not issue until the financing is in place. He
thought what had happened here was that people might have heard him talking about the
Willow Run project, but it was not the 555 Walnut project. He was not willing to
step down from this hearing unless instructed to do so by the City Attorney. He
added that he disclosed four or five contributions that he had received and that is
EDMONDS CITY COUNCIL MINUTES
Page 2 - February 7, 1964
public record in the courthouse and in Olympia. Further, he said Mr. Dean Echelbarger
has given money to a lot of candidates with no strings attached. Mr. Eames stated
that the State Legislature has recently passed a law that campaign contributions are
exempt from that, but the City has an ordinance as stated. Patrick Echelbarger, one
of the principals in the 555 Walnut project, asked to speak. He said his father,
Dean Echelbarger, is not associated in this project at all, but he had written a
personal check from his own personal account to several Councilmembers and to the
Mayor. He said all the documents are signed by his brother, Lindsey Echelbarger, and
himself, and his father has been at the meetings as an interested party to see how
his boys have learned their lessons. Councilmember Kasper stated that he did not
feel he had received any money knowingly from anybody involved in this project. Mr.
Eames said that from the City's interesi if the contributions made were not made by
anyone directly or indirectly interested or benefitted by this project, then he would
say the City's law is not violated. He also pointed out that Mr. Kasper stated there
are no connections through his occupation with this project, so Mr. Eames thought
Councilmember Kasper was entitled to hear this matter. Councilmember Kasper stated
that he had not discussed this project with Dean Echelbarger, and Mr. Eames advised
him that he could remain.
Planning Director Mary Lou Block reviewed the appeal. A public hearing had been held
by the Hearing Examiner on December 1, 1983 at the request of the 555 Walnut Associates
for a conditional use permit to grade approximately 3,700 cu. yds. of material at
that location. A major portion of the requested grading involves earth removal
necessary to provide the underground parking authorized by the ADB and, subsequently,
the City Council, in their approval of the building and site design. The Hearing
Examiner issued his decision of approval on December 22, 1983, subject to specific
conditions, and on January 9, 1984 that decision was appealed by Finis Tupper. The
Council had been provided copies of all the pertinent documents. Ms. Block reviewed
the conclusions of the Hearing Examiner and read the conditions of his approval, as
follows: (1) The applicant is to submit an erosion control plan for review and
approval by the City Engineer, which plan is to be submitted with the building permit
application and to include a temporary erosion control plan. (2) The applicant is to
review all truck routes for excavation purposes with the Public Works Director and
the City Engineer, who are to approve truck routes into and out of town. (3) The
hours of operation for grading shall be limited to 8:00 a.m. to 5:00 p.m., Monday
through Friday. (4) The application shall make provisions to keep all public streets
cleared and swept during the grading and building phases of the project. (5) The
applicant shall provide a centerline profile of the driveway into the garage, showing
the proposed slope. (6) The applicant shall make provisions for gravity storm drainage
of the garage or a back-up pump shall be required with the drainage plan. (7) The
applicant shall erect a fence to encircle the excavated area. The fence shall be
locked when work is not being performed. (8) All landscaping shall be done as shown
on the exhibits that were submitted by the Applicant. The landscaping shall be
approved by the Planning Department of the City of Edmonds. (9) The applicant.shall
remove all backfill from the site when it is not being used. The applicant shall be
required to return the backfill to the site when it is ready to be used. (10) The
applicant shall obtain a street use permit for any storage of building materials that
occur on City property. (11) The conditional use permit is not transferable. Ms.
Block stated that a declaration of nonsignificant environmental impact had been
issued.
Finis Tupper, the appellant, 711 Daley St., said a conditional use permit is a special
privilege granted by the City through the Hearing Examiner process to provide control
and guarantee consistency and compatibility to other existing or permitted uses in
the same zone. He referred to Section 20.05.010 of the Community Development Code
and said those criteria must be applied to the decision, but those criteria were not
met, one of them being that the proposed use -be consistent with the Comprehensive
Plan, which is Title 15, but the Hearing Examiner had mentioned the Comprehensive
Pl:n Map which is a minor element of the City policy. He said it should be realized
th t the Hearing Examiner is only allowed to base his decision on testimony provided
at the hearing. He spoke of grading, filling, and tree cutting, saying the Hearing
Examiner did not require any of the vegetation to be retained on this site and there
are some older trees such as the magnolia tree which is in the building pad area.
He said the staff report failed to detail the nature of the site and described the
topography as an 8% slope from east to west on Walnut, but there is a 40% - 50% slope
from north to south. He read from the Code that buildings on slopes of 15% or greater
should be designed to provide minimum disruption to topography, and he said developers
should not have the right to build a taller builder because of the topography. He
presented several petitions supporting retention of a two-story residential character
of development. He said a building the size of the proposed condominium cannot and
will not harmonize with the existing structures in the area. He noted that the
EDMONDS CITY COUNCIL MINUTES
Page 3 - February 7, 1984
topography of the property south of 555 Walnut would not allow a building taller than
25' because it is flat, so he said that makes the design inconsistent with the neigh-
borhood. He urged that only 1,850 cu. yds. be allowed to be excavated which would
allow underground parking and reduce the size of the proposal.
Lindsey Echelbarger, 23614 102nd Pl. W., one of the principals in the project (owning
the property with his brother, Patrick Echelbarger), said it is ironic that Finis
Tupper is appealing this because back in November after an ADB.meeting, in talking
with Mr. Tupper, Mr. Tupper had indicated that if a condominium had to be built then
it was better to build the parking underground. Mr�. Echelbarger read from the Code
the four findings that must be made in order to grant a conditional use permit and
discussed how the project met the criteria. He said they are proposing a redevelop- f
ment of an existing developed lot --not like what would be found in a forested part o
the City. The grading, cutting, and filling are mainly restricted to the building and
driveway areas. Only about 1/8 of the soil will be removed outside of the building
pad. He said for a site larger than 1/2 acre in -the middle of town 450 yards is not
too much, especially when it preserves the existing topography. The balance will be
removed from under the building. Outside of the building pad the grading will be
minimal and will preserve the natural features on the site. He noted that it is
customary to park cars ma-inly outside in parking lots, but that decreases landscaping.
He gave for an example the Seacrest Condominium which has 46% of the land covered
with asphalt. He said he proposes to cover only 8 1/2% with asphalt, and where
Seacrest has 19% in landscaping he proposes 46% in landscaping. He said he is very
much in compliance with the Comprehensive Plan and the Urban Design section. As to
conformity with the zoning ordinance, he said it was stated by the Hearing Examiner
that the project is an allowed use in an RM-1.5 zone. He noted that the Hearing
Examiner had imposed conditions for them to follow to assure that the project will
not be significantly detrimental to the public health, safety, and welfare. Further,
he noted that the Hearing Examiner had ruled that the conditional use permit is not
transferable, and although he did not agree with that, he said it was minor. He '
noted that the Council had adopted the findings on December 20, 1983 in the denial of
the appeal of the SEPA threshold determination, and in the testimony the issue of
excavation was discussed thoroughly and the Council found that it would not result in
a significant adverse environmental impact. He noted that the issue this evening was
not whether or not 555 Walnut Associates should build a condominium, as the Council
had already decided that, but this discussion was on whether or not they should have
an underground parking lot, and if they are not to have that they will have to change
the design of the building and put the parking outside. He thought that the people
who say they are concerned about the interests of the City should recognize that the
underground parking was in the interest of the City. The hearing was opened.
Karl Niggol, 809 Walnut, said he did not have any idea what the building will look
like, and he asked if the City Council could not make up its mind on how the laws are
written. He said something must be wrong with this, and he asked why there must be a
"significant" impact on the environment, why not complete. He said the storm sewers
are overloaded and the man who approves this should ask more of what the people want.
Dan W. Carroll, 716 Cedar St., said he just plainly does not like more condominiums,
and more than anything else he does not like the intent to build a larger building by
digging into the hillside, and if there is an ordinance saying 25' above the existing
level, that is where it should stay.
Robert Jones, 23106 100th Ave. W., professional engineer with Lovell-Sauerland &
Associates, representing the applicants, said he was present to answer any questions.
Bill Mathias, 540 Holly Dr., asked the Council to overturn the Hearing Examiner's
findings on the basis of error. He said the information was not.presented correctly
to him in that the building does not meet the required rear setback requirement which
is 15' and the building is within 13' of that setback. Moreover, he said the Code
says parking is not to take place in the street setbacks and they have designed three
at the rear of the building that occupy the setbacks. He was sure if the Hearing
Examiner had been aware of that he would not -have granted the permit. Ms. Block
responded to his allegation regarding the rear setback that on a corner lot there is
no rear setback, there are two fronts and two sides, and she quoted the section of
the Code which states that. The required side setback i is 10' so it is met. Mr.
Mathias said again that there is a violation in the parking locations.
Jean Marr, 504 6th Ave. S.. addressed the driveway requirement which she thought was
overlooked in the plan. She said the driveway shown on the plan is not perpendicular
to the lot line as required and that entry will require an almost 180* turn. She
EDMONDS CITY COUNCIL MINUTES
Page 4 - February 7, 1984
thought the project should be denied because the driveway does not meet the criteria
in the Code and it is not safe due to the turning radius and the dimensions of Walnut
St. She provided two photographs of Walnut St.
Kirby White, 639 8th Ave. S., said this should be looked at as a whole. He thought
the ADB did not have the proper input from the citizens and he asked them to postpone
this until there is more citizen input. He said he did not want Edmonds to be another
Lynnwood.
Lois Lucum, 702 Alder, a 30-year resident of Edmonds, said she had worked with the
original group of people who decided what they wanted for Edmonds, and she thought
they had a height ceiling. She said this was a monstrosity and not in keeping with
what the citizens said they wanted. She said it would destroy her view.
Teudie Thornbrough, 821 Walnut, said she is interested in heights and she fails to
see why the subject has to reappear before the Council every two years. She asked
what the height of 25' is based on and if it is street level. Ms. Block explained
the formula, that the building can go up 25' from the mean of the four corner points
of the building.
Lee Abbott, 658 Maple, asked how much of the landscaping will be visible. He said
that looking out his window what view he has will be destroyed with the rest of the
condominiums going across the skyline.
Dan Jaech, 546 Walnut, asked that the proposal be denied. He thought the project did
not comply with the Comprehensive Plan, and he said although the designation of two
stories did not get into the Code,the intent was there. He said this building is
significantly higher than 25' because of a loophole in the Code, and that the design
should be similar to the design idiom of the single-family homes. Further, he said
RM development should preserve views of surrounding buildings. He said one of the
petitions presented is from people who say this building will affect their views. He
said the project does not comply with the zoning ordinance, and that one of the
previous speakers testified that the landscaping can only be seen from 6th Ave. He
said the landscaping is only meant to benefit the people who live in the condominium,
and if you are looking at the building from the face it does not matter if it is of
sawtooth design because all you see is a wall. He thought Beck Lane to be a street,
so he said that would cause the site not to be a corner lot and that it should have a
rear setback. He felt the granting of the conditional use permit for the excavation
would not be necessary if the project complied with the spirit of the Code. He said
the building was placed at one end of the property to maximize the development, and
the right to develop property is not an unrestricted right. He thought some compromise.
should be mandatory. He said maybe someday a developer will get together with the
neighbors before starting on a project like this.
Ray Martin, 18704 74th W., had attended the ADB hearing on this matter and he made
some statements later that he had never seen a more unfair hearing, which he wanted
to elaborate on now. He said he had been trying to lay out the things in the Code
that this project did not comply with, and the regular chairman was not present, and
Greg Selvidge, one of the board members, interrupted him and pointed out that the
City Attorney had already advised them that what they were intending to do was legal
so why was he wasting his time talking to them. He said their minds were set and
they were not interested in public input, but he pursued his presentation, and another
member acted like he was about to fall asleep. He said he asked if he was bored and
he answered yes and asked why he (Mr. Martin) did not go away. Mr. Martin said these
were his observations of the process. He asked the Council to consider carefully the
input heard tonight.
Betty Mathay, 8006 240th S.W., said the Code was made by the citizens and they want
a two-story residential character. She was against having this excavation.as proposed
because it is extensive, and she wondered about the accumulative effect of many of
these projects. She said it would be nice to have a good technical study by the
City. She thought this should be denied or at least modified. She asked the Council
to consider a letter that was given to her to be read into the record, which she did.
It was from Barbara Andersen, president of a "Save Our Code" organization, the member-
ship being of Lake Ballinger area residents. She asked that the "variance"
(which this is not) be denied because the excavation exceeds Code provisions, would
permit greater development than the public desires, and that an exception situation
does not exist for which a variance should be granted.
Roger Hertrich, 1020 Puget Dr., had attended the ADB and Hearing Examiner hearings,
and he agreed with the objection to the building height. He said excavation and
design go together, and it appeared to him that the project has a large courtyard in
EDMONDS CITY COUNCIL MINUTES
Page 5 - February 7, 1984
the middle but the total building pad of four corners includes that. He said the
project is spread out to cover the lot so the average comes out higher, but if you
were to put the two buildings together without a courtyard it would reduce the building
pad and very possibly reduce the building height. He felt there to be a problem when
there are four stories on one end of a building and two on the other. He felt that
buildings on steep slopes with the present method of calculation present a problem,
and that people did not expect four story buildings on one end of a lot when they
wanted a 25' height restriction.
Dick Beselin, 1108 12th N., a ten-year resident of Edmonds, said he has nothing to do
with this project or the Echelbargers, but he is in a similar type of business. He
said that three years ago he built a house and he looked for a long time for the
building lot. He, too, had an unfortunate experience with his previous residence
wbere he did not take in the immediate area around him. He said much was said tonight
about what the Code should be, but the question is what the Code is, and the Hearing
Examiner, the ADB, and the Council have looked at this. He thought it was rather
clear, and he said the question is of zoning. He noted that most of the people who
had spoken are right next -door to the project and they have lived there and now
somebody has purchased the property with the zoning on it. He said the people should
work to change the zoning, but not come in after somebody has acquired it to develop
it consistent with the zoning and the Code. He also had attended the other hearings
on this and said most of what was said this evening was not regarding the conditional
use permit but was discusssed on December 20. He said the Council.should look at
this in an objective manner.
Finis Tupper spoke again, saying City Attorney Mark Eames had been at the ADB hearing
and advised them that the ADB was addressing only the design, not the grading. Mr.
Tupper again said a conditional use permit is a special privilege and is supposed to
create a degree of order and control what uses will take place in existing zones. He
asked if Mr. Echelbarger is allowed to build a taller building and get an extra story
because his rear lot has a 40% - 50% slope, and across the street where it is flat if
a developer in the future is going to be able to build a 40' building. He said that
since that future developer will not, this building is not compatible because it will
be a large boxy condominium and future buildings will not be compatible in height.
Phillip Carter, attorney on behalf of the applicants, 1313 Market St., Kirkland, took
exception to Mr. Tupper's statement that the conditional use permit is a privilege.
He said the application for a variance asks for a privilege, but they are not asking
for a variance. He said this building in all respects meets every section of the
Code, and they are asking for a conditional use permit and have a right to such a
permit --not a privilege. He said the Council has the right to impose reasonable
limitations on the exercise of that permit. With regard to the allegation that the
granting of this permit will allow greater development or greater heights of the
buildings on the site. he said that is not true. He noted that the staff and the
City Council had considered this matter before, and the Council specifically con-
sidered whether this building met the height limitations of the Code in connection
with the ADB proceedings, and it approved unanimously the recommendations of the ADB,
finding all the criteria were met on December 13. He pointed out that the people who
criticized how the ADB conducted their hearing and how they were treated left out
that they appealed the ADB decision and this Council approved the project, and they
had the option but chose not to go to court. He noted that they challenged it on the
negative declaration and the Council ruled it was appropriate, and they did not
appeal. He noted that virtually all of the matters discussed this evening were not
pertinent, and he asked that the December-13 Council minutes be incorporated into the
record. He said he had written a letter to the City on December 1, 1983, prior to
the Hearing Examiner hearing, relating to the issue of the conditional use permit,
and that it is his understanding that in every prior case where there has been an
application for a building or excavation for underground parking, this City has
treated that excavation as being exempt from the grading permit process, and also
excavations for utilities are excluded. He ventured to say the City has projects
underway currently where conditional use permits were not issued. His position was
that they do not need a conditional use permit and their application was filed under
protest. As to whether they had met the burden of the conditional use permit. he
said the project itself has been unanimously indorsed for height by the City Coun6il,
and while some people talk about the fact that a lot of landscaping is on the inside,
Mr. Echelbarger advised him that 2,400 sq. ft. is all that is inside the interior
courtyard. He thought everyone present would say underground parking is desirable,
and he noted that the Council said that on December 13, and he said the question is
whether 3,250 cu. yds. of material will cause a substantial detriment to the community,
which was considered by the Hearing Examiner. He submitted that it will not provide
any detriment to the community and, in fact, will provide a benefit. He recalled
that a site layout was shown where they could build a similar building with parking
EDMONDS CITY COUNCIL MINUTES
Page 6 - February 7, 1984
above the ground, and they are not picking up anymore units, density, or lot coverage,
but are only creating more of an amenity on the land surface --for the purchasers, the
neighbors, and the community, and the underground garage is a benefit to the City and
it is not a detriment. He said there clearly had been no evidence that it is a
substantial detriment. He noted that the Council had specifically considered the
fact that height limitations of 25' are met by -this building and that is not meant to
include basements. Further, that the Code does not include a basement in the 25' in
a single-family home. He added that the Echelbargers own this land and they are not
speculators, but they purchased the property, and it cost them $180,000 additional to
put the parking underground. He said this is not a get -rich scheme, but it is a
quality project that the Council unanimously indorsed, and the staff had indicated
that all criteria of the Code are met, and the Hearing Examiner also found that. He
submitted that there was no evidence whatsoever to show this excavation of this
material will be detrimental to the community, and the issue is taking the dirt out
of -the ground for a project that has already been approved. The hearing was closed.
Councilmember Ostrom asked the City Attorney if it is a fact that the conditional use
permit is a right and, if so, what is the hearing process to decide. Mr. Eames
responded that uses are permitted, either outright or with a conditional use permit,
and a use is permitted in the zone but the City has the right to place reasonable
�onditions on the use to inake that use compatible with other uses in the zone, so it
is different from a variance in that respect. Councilmember Ostrom noted that the
Code specifies a limit of 500 cu. yds. Mr. Eames explained that all the Code says is
if a person is going to excavate more than 500 cu. yds. then he must get a conditional
use permit, and that is the situation here, and perhaps anything over 500 is substantial
and should be reviewed by the City to see if any conditions should be placed on it.
Councilmember Ostrom said he had been quite concerned about this particular issue for
some time, and he thought the City government in Edmonds has been extremely lax in
not monitoring that kind of use in the City. He had seen whole hillsides gouged out,
and he did not see why that practice should be continued. He thought it should be
kept within the 500 cu. yds., within the Code, and let it go at that. He thought
they were risking havoc with the terrain and topography in this City and he saw no
justification for granting the permit.
Councilmember Nordquist noted that Mr. Tupper had indicated he would like to see
1,850 cu. yds, but that Councilmember Ostrom wanted it kept at 500. Councilmember
Ostrom thought it completely clear that the reason for getting more than 500 was to
get a maximum size building, and that was the whole point. He said people never
build less than maximum and then they ask for more.
Councilmember Hall said they had to separate in their minds what they were ruling on
at this time. She noted that Mr. Tupper said 1,850 and Councilmember Ostrom said
500. She said the zoning is proper and she was trying to see what it would do for
the neighborhood, and she thought it would enhance the neighborhood. She advised the
�pponents that if they were not to have this excavation they would have the automobiles
in their sight all day long, and the percentage to be landscaped is high so that
MOTION: enhances it. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO UPHOLD
THE HEARING EXAMINER'S DECISION ON THE CONDITIONAL USE PERMIT TO GRADE APPROXIMATELY
3,700 CU. YDS. OF MATERIAL AT 555 WALNUT ST., BECAUSE IT IS CONSISTENT WITH THE
COMPREHENSIVE PLAN FOR THE CITY OF EDMONDS; AND THE CONDITIONAL USE PERMIT WILL NOT
BE SIGNIFICANTLY DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC OR To
THE NEARBY IMPROVEMENTS; AND THAT FINDINGS OF THE HEARING EXAMINER ARE ADOPTED.
Councilmember Kasper said he would like to affirm the decisions of the Hearing
Examiner from the standpoint that there are items he has added to this which Council-
Tember Kasper had not seen in other cases; e.g., he had required fencing and other
items that address problems that have arisen in the removal of dirt in the past.
Councilmember Ostrom asked about the violation of the setbacks by 2', and Ms. Block
said it was the determination before it was taken to the ADB that it did meet all the
setback requirements, as she had indicated, because it is a corner lot and there are
two front and two side setbacks, and the side setback requirement is 10' and they
have 13'. Councilmember Ostrom said that, if they approved this conditional use
permit, then once more they were telling the people who live in an area what is
better for them. Councilmember Nordquist asked him what they would have if they did
not pass it --did they drive the building back to a different design? He said all
that would do is move the parking from beneath the building to the top of the site,
.but if there were some chance of a compromise that was another thing. Mayor Naughten
asked the applicants what would happen if this were denied and no parking was under
the building --would that change the design of the building significantly? Mr. Carter
responded that he had just asked Mr. Echelbarger that question, and if they were
forced to put the parking above they would have to look at how the parking circulation
would be, so they could not answer that question. Mr. Tupper asked if the design
EDMONDS CITY COUNCIL MINUTES
Page 7 - February 7, 1984
would have to go back to the ADB if they changed the parking, and Mr. Eames advised
him that it would. Mr. Tupper said a change of design is a threat and putting the
parking above is a threat which the Council should ignore. Mr. Eames noted that the
ADB approval was contingent on the approval of the conditional use permit, so if it
is not granted and there is any change to the design it would have to go back to the
ADB. A ROLL CALL VOTE WAS TAKEN ON THE MOTION, WITH COUNCILMEMBERS HALL, WILSON, AND
KASPER VOTING YES, AND WITH COUNCILMEMBERS NORDQUIST AND OSTROM VOTING NO. MOTION
CARRIED. A recess was announced, and following the recess Councilmembers Jaech and
Dwyer returned to the rostrom.
HEARING ON PROPOSED 36-LOT SINGLE-FAMILY PLANNED RESIDENTIAL DEVELOPMENT AND
SUBDIVISION AT 638 ELM ST. (ADB-88-83, PRD-1-83, P-9-83 -- HOMELAND HOMES, INC.)
Councilmember Kasper said this is 'adjacent to property he is financing on Willow Run
and he was willing to step down if,the City Attorney so advised. Mr. Eames stated
that certain similar cases have been so decided by the courts, so he would ask
Councilmember Kasper to step down. Councilmember Kasper left the room and did not
return during the rest of the meeting.
Assistant City Planner Du ' ane Bowman said the proposal has been approved by the Hearing
Examiner and the ADB had made a recommendation to the Council for approval. A letter
of opposition had been received from Robert and Marilyn Klepinger in which they
stated their intention to appeal the decision of the ADB, but that decision was not
appealable because it was only a recommendation to the Council. That letter, together
with the Hearing Examiner's report, minutes of the ADB hearing, and copies of the
proposed development plans were provided to the Council. The Hearing Examiner listed
certain conditions of approval. Under ST-5-83 was a street map amendment to reduce
the proposed right-of-way of Elm St. from 60' to 50' as no justification could be
found to retain the 60' right-of-way width. The actual right-of-way controlled by
the City ranges from 30' to 60' from 6th to 7th Aves. Mr. Bowman said if the Council
found noobjection to the Hearing Examiner's recommendation then by no action it
would go back to them for approval on the Consent Agenda, and if they should disapprove
it then they should set a date for public hearing. Colored renderings of the proposal
were displayed and the site plan shown. Also shown was the proposed realignment of
the intersection of 6th and Elm. The current pavement of Elm ranges from 18' to 22'.
As a requirement of the PRD there will have to be a 22' minimum width. Also, there
will be a sidewalk along the south side of Elm St. Councilmember Jaech noted that
with cars parked on the south side of Elm and traffic going both ways it is extremely
tight, and there will be a lot of traffic on Elm. She asked how the existing residences
on Elm can be accommodated for their guest parking. Mr * Bowman said that was not
addressed in this project, that it is an existing situation now. Parking and guest
parking for the PRD are provided within the PRO. He read the recommendation Of the
Hearing Examiner. One of the conditions was that $200 per lot be contributed to the
City for improvements to the City park property in the immediate vicinity of the PRO.
This,is to be a voluntary agreement on the part of the applicant, and the applicant
acknowledged that at the hearing. Half of the contribution is to be paid at the
final approval stage and the other half on a per lot basis at the time of issuance of
the building permits. The City's former in -lieu park fee had been $300, and the
applicant volunteered $200 per lot. Mr. Dwyer noted that the letter of opposition
alleges that the proposed development is not sufficient for children to have a place
to play. He asked if it was the staff's position that the $7,200 was a trade-off for
that. Mr. Bowman responded that theParks Department in analyzing the development
indicated this development would impose an impact on City Park and Pine St. Park and
this would mitigate that. A large amount of open space is in that development. He
would say there is sufficient area in the PRO for children. Councilmember Jaech
noted that the 50-unit development west of this which was approved in 1979 was still
having problems in the control of the drainage and this property is uphill from it.
She asked if it would have the same problems. Mr. Bowman said the applicant and the
City are aware of that situation and the lots impacted by that would be Lots 1-5
which are adjacent to the hillside. The plan is that they would intercept that
groundwater and channel it back into the stream. Mr. Bowman concluded that a declaration
of nonsignificant environmental impact was issued for the proposed and the final
plat.
Herb Carpenter of Reid, Middleton & Associates, representing Homeland Homes, said
there is approximately 45' of elevation from one side of the site down to the stream
and there are three houses there now. One or two will remain. The stream runs year-
round and there are wetlands in the southeast corner. Access is limited because of
sight distance problems. The homes will range in size from 1,500 to 2,000 sq. ft.
A serious effort has been made to protect as many of the trees as possible, and an
objective was minimum individual upkeep for the homeowners. so the homeowners'
association will have most of the grounds upkeep. There will be an area for storage
EDMONDS CITY COUNCIL MINUTES
Page 8 - February 7, 1984
--40somp— C)
90-19
CITY OF EDMONDS
250 - 5th AVE N. - EDMONDS, WA 98020 - (206) 771-3202
COMMUNITY SERVICES:
Public Works * Planning * Parks and Recreation * Engineering
May 11, 1988
Monte Clouston
Western Commercial Development Corp.
22415 Woodway Park Road
Edmonds, WA. 98020
SUBJECT: RETAINING WALL AT 555 WALNUT
Dear Monte:
1j.
LARRY :3. NALIGHTEN
MAYOR
PETER E. HAHN
DIRECTOR
In response to your letter dated May 10, 1988, the Building Official,
City Engineer and I came to the following conclusions:
I) All reinforcing steel in the wall shall require a special
inspection. Test cylinders will be required for all concrete.
II) All compaction behind the wall shall be supervised by a.
geotechnical engineer licensed in Washington. He shall prepare a
report documenting the depth of lifts and compaction of the
backfill during construction.
III) Minimum compaction standards shall be in accordance with Method B,
Section 2-03.3(14)C of the 1988 Washington State Department of
Transportation Standard Specifications. These specifications may
be deemed insufficient by the aforementioned geotechnical engineer
to support the proposed rock wall, in which case he has the
authority and responsibility to increase the required compaction.
A.st " atement regarding this shall be included in the aforementioned
report.
IV) Any and all rockery construction shall be done in the presence of
a licensed geotechnical engineer. Upon completion, a report shall
be prepared summarizing the construction of the wall.
V) A drain shall be constructed behind the retaining wall, consisting
of washed rock and filter fabric. The drain shall be at least 6
inches thick and shall extend the length and height of the wall.
The washed rock shall have a filter fabric blanket between it and
the granular backfill. The filter fabric shall extend the length
and height of the wall.
0 Incorporated August 11, 1890 0
Sister Cities International — Hekinan. Janan
Monte Clouston
May 11, 1988
Page 2
If you have any questions on any of the aforementioned issued, please
contact me at your convenience.
Very truly yours,
ve��J*
JERRY W.-HAUTH, P.E.
Hydraulics Engineer
JWH/sdt
cc: Hal Reeves
'f c
Alberts
WALL555/TXTST530
WESTERN COMMERCIAL DEV. CORP.
22415 WOODWAY PARK ROAD
EDMONDS, WA. 98020
CITY ENGINEER
CITY OF EDMONDS
V
I
MLAY I o 1988
RIM
RE:555 WALNUT;RETAINING WALL EROSION AND SETTLEMENT CONTROL
DEAR SIR,
MAY 10, 1988
WHEREAS OUR RETAINING WALL BEING CONSTRUCTED ON OUR SITE AT 555 WALNUT, IS
ADJACENT TO THE ALLEY KNOWN AS BECK LANE, CERTAIN MEASURES WILL BE UNDERTAKEN TO
ENSURE.A MINIMUM OF SETTLEMENT. BACKFILL OF THE WALL WILL BE MADE IN A MAXIMUM
OF 12" LIFTS WITH EACH LIFT BEING COMPACTED USING A ONE MAN SLED COMPACTOR, TO A
LEVEL OF 85%. WE WILL BE USING NATIVE SOILS FOR BACKFILL WHICH ARE A FINE TO
MEDIUM SAND AND TEND TO COMPACT EASILY. DUE TO THE NEAR PROXIMITY OF THE SITE TO
CITY OF EDMONDS OFFICES, COMPACTION WILL BE EASILY VERIFIED. FOR THESE REASONS,
WE REQUEST THAT INDEPENDANT TESTING NOT BE REQUIRED. HOWEVER, WE WILL AGREE THAT
SHOULD EDMONDS ORDER A PROCTOR TEST AND FIND THAT THE FILL HAS NOT BEEN COMPACTED
TO 85%, THAT WE WILL RECOMPACT-THE FILL AND PAY FOR TESTING AND VERIFICATION.
WE FURTHER PLAN TO INSTALL A ENKADRAIN 9010 SHEET ON THE BACK OF THE WALL
�TO ALLOW FOR FREE DRAINAGE TO THE WEEP HOLES IMBEDDED IN THE CONCRETE RETAINING
�WALL. THIS SHEET WILL BE LAID BACK AT THE TOP AND COVERED WITH 6" OF GRAVEL TO
ALLOW FOR THE CAPTURE OF SURFACE WATER.
DURING THE CONSTRUCTION PERIOD,'THE ALLEY WILL BE CLOSED TO TRAFFIC.
,THE OWNERS OF THE COMMODORE CONDOMINIUMS HAVE BEEN NOTIFIED OF OUR INTENTIONS AND
HAVE EXPRESSED NO CONCERNS OVER THE 40 DAY CLOSURE. OUR INTENTION WAS TO START
.EXCAVATION OF THE WALL AREA ON MAY 16TH AND HAVE NOTIFIED THE COMMODORE OF THIS.
SHOULD THIS NOT BE POSSIBLE, COULD YOU NOTIFY ME AT YOUR EARLIEST CONVIENENCE.
SINCERE
MZCL U T-N, PRESIDNET
PHONE 206 775-1948
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THESE ES SUBJECT
A
TO JAN*24 APPROVAL
0,
EDMONDS CITY COUNCIL MINUTES
January 17, 1984
R EC E. IV ED
JAN 2 0 1983
ENGINEERING
The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by
Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present
joined in the flag salute.
PRESENT
Larry Naughten, Mayor
Jo -Anne Jaech
John Nordquist
Jack Wilson
Lloyd Ostrom
Bill,Kasper
Laura Hall
Brian Stewart, Student Representative
STAFF PRESENT
Art Housler, Finance Director
Irene Varney Moran, City Clerk
Jim Adams. City Engineer
Mary Lou Block, Planning Director
Duane Bowman, Asst. City Planner
Steve Simpson, Parks & Recreation
Directo
Pat LeMay, Personnel Director
Marlo Foster, Police Chief
Jack Weinz, Fire Chief
Jim Jessel, Property Manager
Mark Eames, City Attorney
Jackie Parrett, Deputy City Clerk
Mayor Naughten introduced Marine SSgt Lawrence L. Cretin, who presented a certificate
of appreciation to the Mayor, City Council, and citizens of Edmonds for their outstanding
support of the Toys for Tots program at Christmas.
CONSENT AGENDA
Items (B), (D), and (E) were removed from the Consent Agenda. COUNCILMEMBER JAECH M
MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA.
MOTION: MOTION CARRIED. The approved items on the Consent Agenda included the following:
(A) Roll call.
(C) Acknowledgment of receipt of Claim for Damages from Raymond D. Wentz in the
amount of $67.92.
(F) Authorization for Mayor to execute Memorandum of Understanding foe District
Court filing fees.
(G) Approval of Agreement --Lynnwood Traffic Control System (providing reimbursement
to Lynnwood for Edmonds' share of the operational costs of the master
control system operating traffic signals on SR 919).
APPROVAL OF MINUTES OF JANUARY 10, 1984 r1tem (B) on Consent Agenda]
Councilmember Kasper wished to clarify his statement starting on the third line from
the bottom on page 2, in the discussion on the report from the committee regarding
the Civic Center Playfield. He said his statement was that they should move first to
the direction of development of an agreement at Woodway and then resolve the 38-year
AOTION: lease on the Civic Center Playfield, possibly in trade. COUNCILMEMBER KASPER MOVED,
SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (B) ON THE CONSENT AGENDA AS AMENDED.
MOTION CARRIED.
SET, DATE FOR HEARING ON APPEAL OF HEARING EXAMINER DECISION ON CONDITIONAL USE PERMIT
FOR`555 WALNUT ASSOCIATES CONDOMINIUM (APPELLANT: TUPPER) (SUGGESTED DATE:
JANUARY 31, 1984) [Item (D) on Consent Agenda] and
SET DATE FOR HEARING ON PROPOSED AMENDMENTS TO CHAPTER 15 38 EDMONDS SHORELINE
MASTER PROGRAM (CD-4-83) (SUGGESTED DATE: JANUARY 31 584i [Item (E) on Consent��endaj
Councilmember Ostrom said he will be out of town on the suggested date for these
hearings, so he asked that they be set on a later date. It was noted that Item (D)
must be heard within 30 days of January 9. Further. City Attorney Mark Eames stated,
with regard to Item (E), that State law requires three consecutive weeks of publication
before the hearing and that is.in the process. He suggested that it still be set for
January 31 and then it could be continued, but he noted that this is an item in which
MOTION: there is some urgency. COUNCILMEMBER KASPER MOVED, SECONDED BY COUINCILMEMBER OSTROM,
TO SET ITEM (D) FOR FEBRUARY 7, 1984. MOTION CARRIED. COUNCILMEMBER OSTROM THEN
iZTION: MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (E) ON THE CONSENT AGENDA.
MOTION CARRIED.
CITY OF EDMONDS
ASSET INFORMATION SHEET
/NE W
ADDITION
1:1 RETIREMENT
ASSET NO
Tjo.":Tlo"L�ET NO.
DESCRIPTION
SERIAL NO.
LOCATION
D E P/T. LO.
'7
V -
* * PURCHASE ORDER NO.
PURCHASE ORDER DATE
COST
B.A.R.S. ACCOUNT NO. 4-d-VOKI)
ESTIMATED LIFE -X5-
*PROJECT NUMBER
PROJECT COMPLETION DATE Z2
COST /
INITIATED BY DATE APPROVED BY
"SUBMIT ASSET INFORMATION SHEET WITH FINAL PAYMENT REQUEST
*SUBMIT ASSET INFORMATION SHEET UPON CLOSE OF PROJECT
ACCOUNTING ONLY
a/DEP*RECIATE
MONTHLY DEPRECIATION AMOUNT
ANNUAL DEPRECIATION AMOUNT
G.L. ENTRY
REFERENCE DATE
kvp) INITIAL
DEPARTMENT FILE
�ly�
VERIFIED BY
PROCESSED
BATCH NO.
APPLICATION
for
The City of Edmonds SIDE SEWER PERMT EASEMENT No . ..........................................
NEW CONSTRUCTION E) REPAIRS E]
105-00100
OWNER............ Ch.urr-.h ... af ... Gad ................................................................ CONTRACTOR .................................................................................................. PERMIT No . ......................
ADDRESS ------- 55.5 ... Walaut --- Street ----------------------------------------------------- LEGAL DESCRIPTION: LOT No . .............................................. BLOCK No . ............................................
0
A
NAMEOF ADDITION ......................................... ...............................................................................................
DYE TESTED ON SEWER
JULY, T9.72
Approved:
DATE................................................ By ......................................................................
Permit No:
City of Edmonds
'k-onL L
RIGHT-OF-WAY CONSTRUCTION PERMIT Issue Date:
Xddress or Vicinity of Construction: Slir;
kT, 1 7 L
B. 71�pe of Work (be specific
C. JQP40st
po 4394 1YAnwood
Mailing Address:
_1111�113ATII 1171
State License #:
C ontact:
Phone:
I
fifibi Ity fnsurance:— Bond.
D. Building Permit # (if applicable):
1, h,
Side Sewer Permit 4 (if applicable):
E. Commqrcial
Subdivision
E] CityProject R EUC(PUD,VERIZ0N,PSE,AT&T,OVWD)
Multi -Family
_'E]
Single Family
Other
'INSPECTOR:
r_,C%_-(_
F. PAVEMENT CUT:
El YES
No
G. SIZE OF CUT x
CONCRETE CUT�
YES
�No
A1111LICANTTO
IZEAI) AND SKIN
INDEMNITY. Applicant understands by his/her signature to this application helshe holds the City of Edmonds harmless from
injuries, damages or claims of any kind or descriptioq whatsoever, foreseen or unforeseen, that may be made against the City of
Edmonds or any. of its departments or employe din including,defense
,e4 including but not limited to the. defense of, any legal procee , gs
costs and attorneyfees by reason dfgran*ting tkisperm " ii"
fANSHIF AIV
D ArAJ'HRJAr_S JFOR A p�ROD 0,F 01V�E VEAR FOLLOw7NG T E FINAL
rHE CONTRACTOJ? IS RESPOASIRLE FOR HVEX& UVTIL THE FfWAL
INSPECTION AND ACCEPTANCE OF THE WORK ESTIMATED RESTORATION FEES fffLL BE HELD '" --,7 'r-v
ISSUANCE To THEAPPLICANT
COMPLETED B Y CITY FORCES, A T WHICH TIME A DEBIT OR CREDIT WILL BE PROCESSED FOR
* Traffic control and public safety . shall be in accordance with City regulations as required by the City Engineer. Every
flagger must be trained as required by (WAC) 2%-155-305 and must have certification verifying compi . etion of the
required training in their possession. codes. All street -cut trench work shall be patched with, asphalt or City-
+ Restoration is to be in accordance with City XCEPTIONS.
approved material prior to the end of the workday — NO E
Three sets of construction drawings of proposed work are required with the permit application.
CALL DIAL -A -DIG (1-800-424-5555) PRIOR TO BEGINNING WORK
I KA VE READ THE ABO VE STA TEMENTS AND UNDERSTAND TIIE PERMIT REQUIREMENTS AND ACKNO WLEDGE
PERMIT A VAILABLE ON SITE A T ALL TIMES FOR INSPECTIONS
THATIMUST pJX COPY OF T)IE
Date:
Signature:
(Contractor or Agent)
Disruption F und 111'
�111 rized: Void'After
Regforition Fee.
�-8p,ecial C
Total Fee: Jr-L
4 Receipt No:
Issued by-.,,1N1.-,1.?1-�,--- irk,,
UPON COMPLETION OF PERMITTED WOW AN ENGINEERING FINAL
INSPECTION IS REQUIRED PER CHAPTER 18.00 OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE (Phone 425-771-0220, Ext. 1326)
FINAL APPROVAL OF PERMITTED WORK.- ..DATE:
Inspector's Signature
For inspection requirements see Engineering Inspection Information handout.
rA
.1-0
JIL
NO WOIZK SHALL IIEA;IN IIIZIOIZ TO IERN11IT ISSUANCE
D:\My Documents\Forms\Engnmg\ROWpermit—.doc
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WALWUT �5TIQEET
Lots 21, 22, 23, 24, 25, 26, 27 and the east 5 feet of Lot 28,
Block 123, City of Edmonds, according to the plat thereof
recorded in Volume 2 of Plats, page 39, records of Snohomish
County, Washington.
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JUN 13 1988
ENGINEERING
0-,-- P -- �� � F I L
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M 0 IN'T E CLOUSTON
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. . . . . . . . . . . . . . . . . . . . . . . . 5. THE: CONTRACTOR SHALL BE: RtSpoNsIBLE: '.pt)R: oBTAINIW . ALL:
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......... ......... ......... vell-Sauerland & Associates, Inc.
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............... ENGINEERS SURVEYORS PLANNERS
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..... .....
... : ... : ... : ... :. ; . . . . . . . . . . . . . . . .
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....... 23106 100TH AVE. W. EDMONDS WA. 98020 PHONE 775-1591
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......... .........
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............... ................... : :
..: ................... ... ... DRAWN CHECKED DATE
....... ................ ?..: ... ...: ... : ... : ... : . F.B. SCALE FILE NO.
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. . . . . . . . . . . . . . . . . . . . ............... ................... ...................
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... ... ... ... . ...... ZO' Hoie.
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......... ....... ....... . . . . . . . . TVC 5-?7-9W3 161Z Z6q 1979'
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