20100308090033513.pdfMarch 8, 2010
-"TT'Y OF EDMONDS GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH ® EDMONDS, WA 98020 ® 425-771-0220 ® FAX 425-771-0221
Website: www.d.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
Steven H. Kim
23622 97" PI W
Edmonds, WA 98020
Rose LeSmith
23618 97" PI W
Edmonds, WA 98020
Subject: Unpermitted Retaining Wall
Dear Mr. Kim and Ms. LeSmith,
As you are both aware, a retaining wall was constructed without permits along the western
property boundary of your respective properties. The retaining wall was constructed in a native
growth protection area that prohibits development in that area according to the subdivision for
your property. The adjacent property owner at 23621 99th Place West, Mr. Klimas, was the party
that constructed the wall and has been subject to code enforcement actions to remove the wall. I
have been in touch with both of you in the past, and you were eager to have Mr. Klimas remove
the retaining wall from your property.
The City of Edmonds wrote Mr. Klimas' consultant a letter on October 27, 2009 detailing what
he must do to rectify the situation and both of your were also sent a copy of that letter (also
enclosed with this letter). With regard to the new retaining wall constructed on your property,
the City provided the following instructions to Mr. Klimas:
New retaining wall: The new retaining wall must be removed from its current location. If
the property owner wishes to reconstruct the retaining wall, it must be placed within the
property boundaries of 23621 99th Place West. A building permit is required to reconstruct
the retaining wall. See the enclosed handout on retaining wall permit submittal requirements
(#B62).
Once the retaining wall is removed, the area on the adjacent property within the native
growth protection area must be restored and the restoration detailed in a restoration plan
pursuant to Edmonds Community Development Code (ECDC) 23.40.240.B. The slope must
be restored to its original grade and revegetated with native vegetation. A geotechnical
report consistent with ECDC 23.80.050 must be prepared to assess the restoration plan (the
Incorporated orpm7orated f1utie. st 11, 1890
Sister City - I-Iekinan, Japan
geotechnical engineer can prepare the restoration plan). Written permission.for the
restoration work must be obtained from the adjacent property owners and submitted to the
City of Edmonds with the restoration plan.
Mr. Klimas has complied with the City's request and prepared a geotechnical report and a
restoration in an attempt to remove the wall from your property; however, Mr. Klimas has been
unable to obtain your permission to remove the wall and conduct the restoration work.
The City of Edmonds is hopeful that you will be cooperative and give Mr. Klimas your consent
to remove the retaining wall from your property and conduct the restoration work. The city
attorney is available to draft a right of entry or temporary license for review by your legal
counsel to authorize the work. Please advise me if you would like him to do so. The City has
viewed you as innocent parties to this point, but by prohibiting the removal of the retaining wall,
you could be seen as in violation of the code as well for maintaining the wall in the native
growth protection area and be included in future enforcement actions.
Please contact me if you have any questions or concerns in this matter, 425-771-0220,
lien(a ei.edmonds.wa.us.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
m
Kernen Lien
Associate Planner
Cc: Mike Thies, Code Enforcement
Egidiyus Klimas
Vasyl Yaremchuk, Klimas' contractor
Encl: October 27, 2009 letter to Vasyl Yaremchuk (Klimas' consultant)