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CITY OF EDMONDS
121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
Website: wwacLedmondsma.us
DEVELOPMENT SERVICES DEPARTMENT
Planning • Building • Engineering
September 10, 2008
John Thoresen
Real Estate Capital, LLC
1611872 n1 Ave W
Edmonds, WA 98026
RE: Response to letter regarding BLD20080463
Dear Mr. Thoresen:
GARY HAAKENSON
MAYOR
This letter is in response to your letter dated August 22, 2008 (received August 25, 2008).
Response to Item 1: OR (MPGR) Zone Approval:
The zoning code and building code are separate and separately administered. A building
that meets zoning regulations does not automatically meet the requirements of the
Building Code and visa versa. The City adopted Building Code is not automatically
amended with the adoption of zoning codes. This is also supported by State law:
• RCW 19.27.090 states that "Local land use and zoning requirements, building
setbacks, side and rear yard requirements ... are specifically reserved to local
jurisdictions notwithstanding any other provision of this chapter." [Chapter refers
to the state building code chapter 19.27 RCW]
• RCW 19:27.060(1) "The governing bodies of counties and cities may amend the
codes ... as amended and adopted by the state building code council as they apply
within their respective jurisdictions, but the amendments shall not result in a code
that is less than the minimum performance standards and objectives contained in
the state building code." Also, since the building contains residential dwellings
then subsection (a) of that section applies as well: "No amendment of a code ... as
amended and adopted by the state building code council that affects single family
or multifamily residential buildings shall be effective unless the amendment is
approved by the building code council..."
Please refer to ECDC 19.00 where City adopted amendments to the International
Building Code (IBC) are provided. You will find no amendments relating to the
definition of Public Way or Fire Separation Distance and related building code issues
discussed in your letter.
Incorporated August 11, 1890
Sister City - Hekinan, Japan
Response to Items 2 & 3: Railroad Right -of -Way versus Public Right -of -Way, and
Abandonment of the Rail Service:
IBC 1002 defines Public Way as "A street, alley or other parcel of land open to the
outside air leading to a street, that has been deeded, dedicated or otherwise permanently
appropriated to the public for public use and which as a clear width and height of not less
than 10 feet."
The BNSF Railroad property does not meet the definition of Public Way which you
recognize in your letter. The definition states that the land must be permanently
appropriated to the public for public use. The Sound Transit lease is not permanently
appropriated; it is leased for a specific term of years. Also, the track is not open for
public use. It is our understanding that the public has no right to walk along or traverse
its tracks as they would a Public Way and considers persons who do to be trespassers.
When applying the provisions of the Building Code, decisions cannot be based on the
likelihood that an adjacent property owner (BNSF Railroad) will not make certain
improvements due to current observable constraints.
Where buildings are built in close proximity to property lines, a basic premise of limiting
openings, providing fire rated walls, and thus limiting fire exposure is to help contain the
fire. The proposed design shows the upper two floors of the facade would be virtually
open with no fire rated exterior walls for fire containment. There are also major safety
issues for firefighters with potential for conflict with trains, and no public access for
firefighting equipment to west side of the building from the BNSF property.
One option you may want to consider is contacting BNSF to see if they will grant an
easement to remain open and unobstructed providing the required fire separation
distance. If they will grant such an easement, you would provide a written request for
Alternate Design (fee $180.00) per IBC 104.11 proving equivalency to the code
requirements utilizing the easement. A draft of the easement would be included with the
written request for City review.
If during the redesign of the building your design team has code questions, please feel
free to contact me.
Sincerely,
%k
Ann Bullis, CBO
Building Official