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I HERESY ACKNOWLEDGE THAT: HAVE READ THIS APPLICATION, THAT THE INFORMATION
GIVEN IS CORRECT ANDTHAT AM THE OWNER, OR THE DULY AUTHOR ZED AGENT OF
THEOWNSA I AGREE 10 COMPLY WITH CITY AND STATE LAWS REGULATING CONSTRUC
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TION AND,IN DOING THE WORK AUTHORIZED THEREBY. NO PERSON WILL BE EMP DYED
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ID TI SIGNED
(425)
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771-0220
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EXT 1333
IT IS UNLAWFUL To USE OR OCCUPY A BUILDING OR STRUCTURE UNTIL
771-0221
A FINAL INSPECTION HAS BEEN MADE AND APPROVAL OR A CERTIFk
CATE OF OCCUPANCY HAS BEEN GRANTED, UBC SECTION 109
FAX
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GARY HAAKENSON
CITY OF EDMONDS MAYOR
121 MAVENUE NORTH - EDMONDS,WANO - (425) 771w= rAX (425) 7M=1
Website: wwdedmondswa.us
DEVELOPMENT SERVICES DEPARTMENT
Planning Building Engineering
September 5, 2002
Mr. John J. Waldburger
327 — 2nd Avenue N.
P.O. Box 1893
Edmonds, WA 98020
Dear W Waldburger:
This is to inform on that the city has received a formal complaint regarding the antenna on your
home at 327 — 20 Avenue N.
You had obtained a building permit, number BP2002-0050, for the radio antenna, and stated that
no license by the Federal Communications Commission (FCC) was required, I was told that the
antennawas for receiving' only, and not for transmission, so it did not meet the Edmonds
Community DevOopment Code definition for Amateur radio tower (ECDC 16.20.050.E.1).
Because it did not meet the definition of amateur radio tower, no Conditional Use.Permit was
required.
Following the complaint, we have consulted with our City Attorney regarding how to treat- Us
antenna. He has informed us that ifyou have an FCC license, you have special protections
afforded by FCC regulations, which include being allowed additional height for your antennai
However, ifyou do not have an FCC license, then your antenna must be treated like, any other
structure.
Please let us know the following:
1. Do you have an FCC license for you antenna?
2A. Ifthe answer is'W'then you will need to obtain a conditional use permit for your
antenna per ECDC 16.20.010.D.3 and you will need to meet the regulationscontained
in ECDC 16.20.050.E (copy attached); OR
2B. If the answer is "no�', then your antenna will need to meet height limitations, which are
25 feet in the RS-6 zone. Some exemptions to the 25-foot height limit exist in ECDC
21.40.030, but an antenna is not one ofthe uses that is specifically addressed.
Structures can also exceed the height limit ifa variance is approved. Ahandouton
Incorporated August 11, 1890
Sister City - Hekinan,.Japan
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Mr. John J. Waldburger
September 5, 2002
Page 2
V ances and the criteria used to judge applications is included. Please demonstrate
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how you meet the 25-foot height limit for structures.
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Please submit the above information by September 26, 2002. Your cooperation and prompt
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attention to this matter are greatly appreciated. Ifyou have any questions, please contact me on
Monday, Tuesday (afternoon), or Thursday at (425) 771-0220.
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Sincerely,
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Senior Planner
cc: file BE-02-169
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CITY OF EDMONDS GARY HAAKENSION
121 STH AVENUE NORTH - EDMONDS, WA 98020 - (425i 771-0220 FAX (425) 771-0221 MAYOR
DEVELOPMENT SERVICES DEPARTMENT
Planning Building Engineering
September 26, 2002
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Mr. John J. Waldburger
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327 _ 2"d Avenue N.
P.O. Box 1893
Edmonds, WA 98020
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Dear W Waldburger:
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Thank you fbi your telephone call in response to my September 5, 2002, letter regarding the
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antenna on your home at 327 — 2d Avenue N. I am sorry that the attachments were not included.
enred to.
Enclosed please find the code sections ref
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I have also included the fbrms and handouts for obtaining a Conditional Use Permit.. Because an
'red for transmitting from your antenna, Edmonds Community Development
FCC license is re%U,
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Code (ECDC) Section 16.20.050.E.2 States that a conditional use permit shall be require& I
realize that you have stated that you are the person who has the license, and not the antenna, but I
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believe that the intent of the section is that if a license is required by the FCC to transinitj that
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this section applies. Please note that you -will have to address how you meet the criteri4 in ECDC
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16.20.050.E.
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The fees for a Conditional Use Permit are:
$1000 CUP
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150 Sip Posting
200 SEPA Review (unless exempt)
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5 Records Surchar e
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$1355 TOTAL
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if you feel those fees would prohibit you from operating, you may request the City Council
reduce or waive the fees. You can do that by writing to all the City Council members, or to
David Earling, Council President, at 121 — 5'h Avenue N., Edmonds, WA 98020. You can also
make the request at the "audience comments" section of the City Council meetings, which are
held the first, third and fouM Tuesdays of the month. Thew dates me sometimes changed for
holidays or voting days, so you may wish to double-check by calling the Council office at (425)
771-0248.
IncorporWd August 11, 1890
Sister City - Hekinan, Japan
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CITY OF EDMONDS
DEVELOPMENT SERVICES DEPARTMENT
121 5th Avenue North, Edmonds, WA 98020
(425) 771-0220
ORDER TO CORRECT VIOLATION
Location of Violation (Address and Tax Account Parcel No): 327f d Avenue North, Edmonds, WA
98020 Tax Account Parcel No. 002327-031-019-0006
Issued To: John & Sue.Waldburger
Address Of Person This Order Is Issued To: Post Office Box 1893 Edmonds, WA 98020
Code Section Violated% Edmonds Community Devel2pment Code Chgpter 16.20.050.E.2
Description of Violation: Installation of transmitting antenna without a Conditional Use Permit.
Corrective Action Required: Make complete application for a Conditional Use Permit (including all
applicable fees).
Correction is Required no later than: 5:00pm Athne)--2ionvernber 4. L00-2(date)
If correction is not made by the date and time specified in the Order, a Notice of
Civil Violation shall be issued. The Notice of Civil Violation shall assess fines of
$100.00 per day, or portion of a day, during which the violation continues.
DatePosted: October2l.2002 DateMailed: October2l,2002 DateServed
Issuing Party Jeannine L. Graf Title Building Official
Signature
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CITY OF EDMONDS
121 STH AVENUE KX)RM - E0M0NDaWA9D= - (425)771�= -FAX (425)771-Ml
Websft. www.d.86701cisma.us
DEVELOPMENT SERVICES DEPARTMENT
Planning - Building - Engineedng
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GARY HAAKENSON
MAYOR
December 3, 2002
Mr. John J. Waldburger
327 — 2nd Avenue N.
P.O. Box 1893
Edmonds, WA 98020
Dear Mr Waldburger
letter dated October 17 1002 1 understand that have also -taken A
your radio antenna to comply widi city regulations for the time being. Thank you for your
cooperation. We have also just received your letter dated November 29, 2002. lamsorrylhave
not responded sooner, but it has taken some time to obtain legal counsel and I have had other
projects on my desk also.
You state in your October letter what transpired when you obtained your building permit (BP-
2002-0050). As you know from the e-mails that you obtained through your public information
request dated November 29, 2002, 1 had a different recollection of what transpired. I remenaber
talking with a woman who stated that the tower was only to be for receivin radio transmissions,
not for transmitting signals. Therefore, it did not require an FCC license, and also did not meet
our definition of an amateur radio tower (ECDC 16.20.050.E. 1). This made the application morn
similar to a TV antenna, and nothing in the code addressed a height limit for TV antennas. I did
not specify any height on the building permit because I did not know any code to cite. Someone
in the Building Division did put in the line you cited, but as you can tell by the code they cit4
this is for amateur radio antennas which require a conditional use permit, and not for TV
antennas.
Since then we have sought legal counsel about what height TV antennas should be limited to,
and were advised that they should meet the overall 25-foot height limit for structures in single�
family residential neighborhoods. This would mean that a house that was 20 feet tall by our
height calculations, could only have an antenna that extended up another 5 feet ftorn the top of
the roof
You have told me in response to my September 5'h letter that ygu have an FCC license, but that
the radio antenn does not require an FCC license. While I understand dW this is technically
true, it would have been helpful in knowing how to deal with the antenna if you had let us know
at the outset that something related to the use of the antenna required an FCC license. Then we
could have informed you that a conditional use permit would be required.
Incorporated August 11, 1890
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Mr. John J. Waldburger
December 3, 2002
Page 2
In a telephone conversation on November 18, 2002, you requested a refund of your $50 building
permit fee. I have asked the Building Official who has stated that the fee covers the cost of
reviewing the application, and that time has already been expended, so no reftind can be made.
Regarding your research into PRB-I, I forwarded your letter on to our city attorney to see if he
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felt we were violating PRB-I. I assure you that though I have not read PRB-I, he has. lknow
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you were interested in seeing his interpretation, but I have been advised not to give out city
attorney's memorandums unless they am being distributed as part of a City Council packet. The
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city attorney concluded that the conditional use permit process is not in and of itself unduly
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burdensome. However, we are to seek to reasonably accommodate the uses of amateur radio
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antenna. You have notified us that you feel the zoning provisions are unduly burdensome, as you
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are required to do by the PRB reconsideration. Staff has no ability to waive fees. We have
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calculated these fees to cover our costs to process conditional use permit applications. The city
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attorney recommends that the Planning Board and City Council should consider whether small-
scale antennas should have an exemption or a more stream -lined process, similar to what we
have done with small-scale satellite dishes.
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Staff has requested that the City Council's community services subco mmittee review your
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concerns for possible referral to the Planning Board. The subcommittee win be reviewing this
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request at their December 1 & meeting, which starts at 6:00 p.m.. Although this is not a public
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hearing and no public comment will be taken, the public is welcome to attend. As we discussed'
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by telephone, it will take some time for the subject to be discussed by City Council
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subcommittee, Planning Board, and City Council. If you wish to request City Council reduce or
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waive your fees so as to expedite a decision on your particular antenna, you are welcome to do
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I see that you have also written a separate letter dated November 29, 2002, regarding plans to
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install an antenna on your roof for the reception of local television broadcast signals which will
be mast mounted and will be less thari 12 feet above the roof line. The city of Edmonds has no
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specific codes addressing television antennas, but does not allow any structures to be above 25
feet above average grade in the RS zones. The method of calculating average grade, and the only'
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exceptions can be found in the definition of height in Edmonds Community Development Code
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section 21.40,030. If the top of the antenna will be more than 25 feet above average grade, then a
variance would be required. Fees for a variance am $250, plus $150 for a sign, plus a $5 records
surcharge for a total of $405. If needed, SEPA review is $200 and Critical Areas Checklist
review is $45. No building permit is required. If a variance is required, then it could only be
approved if the variance criteria can be met. If the antenna interferes with the view of your
neighbors, it would be hard to meet the criteria that it not be detrimental.
Mr. John J. W aldburser
December 3. 2002
Pap 3
once apin, I qmlogize for the delay in getting a response to you. If you hive any questions,
piesse contact me on Monday, Tuesday (afternoon), or Thursday at (425) 771-0220.
Sincerely,
-1W
me$ (06well
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Seniorplatmer
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cc: file BE-02-169
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RECORD OF INSPECTIONS
INSPECTOR DATE APPROVED
SETBACKS .....................
FOUNDATION:
Footing ......................
wall ..................
Pier/Porch .................
Retaining Wall ..........
Slab Insulation ..........
PLUMBING:
Underground .............
Rough -in ...................
Commercial Final
HEATING:
GasTest ...............
Gas Piping .............
Equipment .................
Commercial Final
EXTERIOR SHEATHING
NAILING .......................
FRAMING ..� .....................
FIRST FLOOR FRAMING
INSULATION ...................
Floor Insulation
Wall Insulation ...........
Coiling Insulation
SHEETROCK NAILING
SPECIAL INSPECTION
MISCELLANEOUS ..........
FINAL APPROVAL FOR A AVIV
OCCUPANCY ...............
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