10-05-13 Letter to Sabine Birlenbach.pdfMay 13, 2010
CITY OF EDMONDS GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH m EDMONDS, WA 98020 m 425-771-0220 ® FAX 425-771-0221
Website: www. ci.edmonds.wa.Lis
DEVELOPMENT SERVICES DEPARTMENT
Ms. Sabine Birlenbach
22613-93 d Place West
Edmonds, WA 98020
Subject: Tree Cutting at 16520 — 72nd Avenue West
Dear Ms. Birlenbach:
You submitted a request last year to reduce the crowns of 26 previously topped trees on Stephen
and Judee Lea's property addressed 16520 — 72"d Avenue West. As part of your request, you had
submitted reports by Sean Dugan with Tree Solutions Inc. and Colin Macdonald with Restoration
Logistics, LLC. In their reports, Mr. Dugan and Mr. Macdonald stated that the proposed crown
reduction should be considered routine landscape maintenance since the trees had been topped in
the past and concluded that the proposed crown reduction should be exempt from the requirement
for a tree cutting permit pursuant to Edmonds Community Development Code (ECDC) 18.40.030.
I sent you a letter on September 18, 2009 stating that the proposed crown reduction would be
exempt from tree cutting permit requirements; however, as I specified in my letter, "This approval
is not for the removal of these trees nor for reducing the height below the level of the previous
reduction cut." On April 2, 2010, I met you on site to inspect the work that had been done. At that
time, it was noted that the work conducted exceeded what was stated in your proposal. The
crowns were completely cut off of many trees, while others were cut to tall stumps. This is not
considered crown reduction; it is considered tree cutting and is subject to the tree cutting permit
requirements of ECDC 18.45. Therefore, the action taken is considered a violation, and corrective
action is required.
In addition to being in violation of the tree cutting regulations of ECDC 18.45, the activities
conducted are also in violation of the critical areas code requirements of ECDC 23.40 through
23.90. Since the subject site contains and/or is adjacent to several critical areas, including
landslide and erosion hazard areas, a stream, wetland, and a mapped fish and wildlife habitat
conservation area, all activities at this site are subject to the critical areas code requirements of
ECDC 23.40 through 23.90. A critical areas reconnaissance report (File No. CRA20090074)
describing these critical areas and the applicable code sections was sent to you as part of my letter
on September 18, 2009.
Since the work that was conducted would have required a tree cutting permit as well as approval
under the critical areas code, you must submit a tree cutting permit application to the City. An
application form is included for your convenience. You may refer to ECDC 18.45 for application
submittal requirements as well as ECDC 23.40 through 23.90 for supplemental critical areas report
requirements. Your application shall contain the following items:
- Land use application form signed by the property owner.
- Adjacent property owners list.
Incorporated August _11, 1890
Sister City - Hekinan, Japan
Site plan (scaled at 1 "=30' or larger) showing the following:
® Location and type of all existing trees and vegetation, what was done to each tree,
what is proposed to be done to each tree (if any further work is required), and
location, size and species of all replacements.
® Topography and all critical areas and buffers.
® Location of existing structures, driveways and utilities.
® Other information required by code.
® Two large copies of the site plan are required and one reduced copy (11" by 17" or
smaller) must also be submitted.
A report by an ISA certified arborist specifying exactly what was done on the subject site,
including the species of each tree, which trees had their crown reduced consistent with the
approval, which trees were cut beyond the extent of the approval, which trees are not
likely to survive as a result of the action taken, etc.
- A report by a qualified biologist meeting the applicable critical areas requirements of
ECDC 23.40, 23.50, and 23.90.
A report by a qualified geotechnical engineer meeting the applicable critical areas
requirements of ECDC 23.40 and 23.80.
- Restoration plan describing replanting and maintenance and addressing the requirements
of ECDC 23.40.240.
For your reference, you can find the code sections referenced in this letter online via the following
link: http://www.mrsc.org/mc/edmonds/Edmondsnt.litml.
A complete application for a tree cutting permit, including all required arborist and critical
areas reports and restoration plans must be submitted to the City no later than 4:00pm on
Thursday, June 3, 2010. Additionally, please contact me at your earliest convenience by
Thursday, May 27, 2010 in order to review your compliance plan. An Order to Correct
Violation Notice is issued if no contact is made by May 27, 2010. Please note that the City
may levy civil penalties against any person in violation of the tree cutting and critical areas
codes.
I can be reached by phone at (425) 771-0220, extension 1224, or by email at
Machuga@ci.edmonds.wa.us.
Sincerely,
Development Services Department - Planning Division
Jen Machuga
Planner
Cc: Mike Thies, Code Enforcement
Stephen and Judee Lea
16520-72 ad Avenue West
Edmonds, WA 98026
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