10-07-15 Letter to Sabine Birlenbach.pdfJuly 15, 2010
C IT Y C :.„" :::a . D ( GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH ® EDMONDS, WA 98020 • 425-771-0220 ® FAX 425-771-0221
Website: wwwxi.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
Ms. Sabine Birlenbach
22613-93 rd Place West
Edmonds, WA 98020
Subject: Tree Cutting at 16520 — 72"d Avenue West
Dear Ms. Birlenbach:
This letter is to follow up on the letter I sent you on May 13, 2010 regarding the tree work that was
conducted on Stephen and Judee Lea's property addressed 16520 — 72"d Avenue West. I received
your response on June 1, 2010. I reviewed your letter with Planning Division staff and the Planning
Manager, and it was determined that although some of the work conducted was what was specified
within your proposal, some of the work was not specified in your proposal. In your response
received on June 1, 2010, you state that a few trees that were already dead were cut lower than the 25
feet of the topping. Your original proposal did not address any work other than the topping of
previously topped trees as described in the reports your obtained by Sean Dugan with Tree Solutions
Inc. and Colin Macdonald with Restoration Logistics, LLC.
Pursuant to ECDC 23.40.220(C)(7)(b), the removal of trees from a critical area and/or critical area
buffer that are considered hazardous, posing a threat to public safety, or posing an imminent risk of
damage to private property is allowed, but only if all of the applicable requirements of ECDC
23.40.220(C)(7)(b) are met, including documentation of the hazard by a qualified professional and
replacement of the trees at a ratio of two to one in accordance with an approved restoration plan.
Thus, even if the only work conducted outside the scope of your original proposal was the cutting of
trees that were already dead, this action would still have required review and approval by the
Planning Division for consistency with the requirements of ECDC 23.40.220(C)(7)(b). Therefore,
the action taken is considered a violation, and corrective action is required.
Please provide the City with 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, and which trees are not
likely to survive as a result of the action taken by August 6, 2010. For those trees that were cut
beyond the extent of the approval, the report should document which of those trees were already
dead or hazardous and which were not hazardous. For those trees that were considered hazardous,
the report should address the requirements of ECDC 23.40.220(C)(7)(b), including a restoration plan
indicating replacement at a ratio of two to one. For those that were not considered hazardous, a tree
cutting permit will be required, and the work will need to be shown to address all applicable code
requirements of ECDC 18.45 and 23.40 through 23.90. The report you provide by an ISA certified
arborist will be utilized by staff to determine the extent of the corrective action required and what
additional permits and fees may be necessary.
Incorporated August 11, 1890
Sister City - Hekinan, Japan
As specified above, a report by an ISA certified arborist must be submitted to the City no later
than 4:OOpm on Friday, August 6, 2010. An Order to Correct Violation Notice is issued if this
report is not submitted by August 6, 2010. Please note that the City may levy civil penalties
against any person in violation of the tree cutting and critical areas codes.
If you have any questions, 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
w Y
Jen Machuga
Planner
Enclosure: ECDC 23.40.220(C)(7)(b)
Cc: Mike Thies, Code Enforcement
Stephen and Judee Lea
16520-72 nd Avenue West
Edmonds, WA 98026
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