2799_001.pdfCITY OF EDMONDS
1215 1h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 e Fax: 425.771.0221 -, Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT 9 PLANNING DIVISION
/ 11 C. I 9c)v
November 5, 2019
Donna Breske
donnab@donnabreske.com
Dear Ms. Breske,
Comments provided by Plans Examiner Kevin Bloomfield on building permit BLD20191151 for a new
single family at 20114 — 83 rd Ave W (Lot 1 of short plat approved under PLN20180050) noted that the
application contained prohibited rockeries.
The City of Edmonds does not issue permits for rockeries, but as Kevin noted, Edmonds Community
Development Code (ECDC) 18.40.020.A provides a list of rockeries that are prohibited within the city. In
reference to BILD20191151, two prohibitions are of particular importance. These are:
4. No rockery shall support a surcharge. The term "surcharge" shall have that meaning assigned in
the state -adopted building code.
7. No rockery shall be placed againstfill where the rockery exceeds three feet in height. The height of
a rockery shall be determined as the height measured verticallyfrom the finished grade of the soil at
the exposed toe of the rockery to the highest point of the uppermost rock. it is the property owner's
responsibility to establish a defense to any enforcement action initiated due to a violation of this
section by verifying the finished grade and compliance with maximum allowable height by submittal
of a professional land surveyor letter and section view.
One of the reasons that the City of Edmonds lists these as prohibited rockeries is that certain rockeries
(such as the two prohibited rockeries noted above) are a safety concern. The City of Edmonds does not
specifically issue permits for rockeries because they cannot be engineered to ensure they can support a
surcharge or fill placed behind the rockery.
In response to Kevin's comments, you noted the rockeries were approved with the short plat review
(PLN20180050). The rockeries were shown on the civil construction documents and the civils were
stamped approved for construction. Collectively, the development review team missed the prohibited
rockeries during review of the subdivision. We have had internal discussions to ensure this does not
occur again. According to the precedence set in Chelan County v. Nykreim, the City of Edmonds cannot
revisit the decision on the civil documents which showed the rockeries. However, that does not change
the fact the rockeries are prohibited rockeries (particularly the rockery in the southeast corner of lot one
which has more than three feet of fill placed behind the rockery and may have a surcharge from the
proposed residence) which could be a safety issue.
As noted above, given the precedence set in Nykreim, the City cannot deny the building permit that
shows rockeries which were approved for construction with the subdivision. However, proceeding with
such development will be a safety concern for the future homeowner. The City of Edmonds strongly
encourages you and the current property owner to reconsider construction of rockeries prohibited by
ECDC 18.40.020.A; however, ultimately the rockeries will be allowed to be constructed as drawn if you
so choose. The development also could still occur as shown on the civil documents if the otherwise
prohibited rockeries were replaced with engineered retaining walls such as block or concrete walls.
Please respond to Kevin's Building Comments letter as well as all other City review letters according to
the City's normal review procedures, including a response letter along with any alterations to the plans
as appropriate.
Sincerely,
a� B WIding"CIffC1
City of Edmonds