Exhibit 9 - Staff Letter to Hearing Examiner 10-17-17.pdfCITY OF EDMONDS
121 5ch Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
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October 17, 2017
Mr. Phil Olbrechts
Hearing Examiner
SUBJECT: STAFF RESPONSE TO ADDITIONAL COMMENTS ON JENKINS LANE
PRELIMINARY PLAT APPLICATION LOCATED AT 720 13TH WAY SW
FILE NO. PLN20170028
Dear Mr. Olbrechts:
At the public hearing on Thursday, October 12, 2017 for the preliminary plat application at 720 13t' Way
SW (File No. PLN20170028), you left the record open in order for parties of record to provide additional
comment regarding Exhibits 2 through 6. Two emails from Michael O'Neal (received 10/13/17 and
10/16/17) were forwarded to you earlier today.
Upon staff s review of these additional comments, it was discovered that there is an inconsistency
between the legal description of the site and the boundaries indicated on the property survey. Refer to the
title report (Attachment 13 of Exhibit 1) and preliminary plat (Attachment 3 of Exhibit 1), which both
indicate the following legal description for the subject site: "PARCEL 4 OF CITY OF EDMONDS
SHORT PLAT NO. S-50-79, RECORDED UNDER RECORDING NUMBER 8108120198, BEING A
PORTION OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 27 NORTH, RANGE 3
EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON." However, in referring to the referenced
recorded short plat (contained within Attachment 13 of Exhibit 1), Lot 4 is shown to extend 10 feet
further to the north than what is shown on the site survey (Attachment 3 of Exhibit 1). This inconsistency
appears to be the result of a change in the required street dedication width during the short plat S-50-79,
which initially required a 15-foot street dedication (recorded on March 19, 1981 under AFN 8103195019
and contained within Attachment 13 of Exhibit 1), but then was reduced to a 5-foot street dedication
(recorded on August 12, 1981 under AFN 8108120198 and contained within Attachment 13 of Exhibit 1).
Based on this information, it appears that the subject site extends 10 feet further to the north than what
was depicted on the preliminary plat map (Attachment 3 of Exhibit 1). Staff is requesting that you
continue the public hearing for this proposal to Thursday, October 26, 2017 in order for this matter to
be corrected. Continuing the public hearing will provide the applicant with the opportunity to provide a
corrected survey and preliminary plat plans and will allow the Engineering Division to revise the
applicable Engineering Requirements for the plat (Attachment 21 of Exhibit 1) in order to reflect any
necessary street dedication to allow for sufficient space within the City right-of-way for the required
street improvements.
In addition to the above request to continue the public hearing to October 26, 2017 in order for the
inconsistency between the survey and the legal description to be corrected, staff has the following
remarks related to the additional comments from Michael O'Neal (received 10/13/17 and 10/16/17):
Fence: The title report for the subject site (Attachment 13 of Exhibit 1) does not indicate any pending
quiet title actions against the subject property. There is roughly 225 square feet within the approximately
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EXHIBIT 9
1.3 foot wide strip between the southern property boundary of the subject site and the existing fence line.
Even if a neighbor(s) adjacent to the southern side of the site prevailed in an adverse possession claim
causing the southern boundary of the subject site to shift slightly north to be in line with the existing fence
line, the proposed lots would still contain the minimum required area to be buildable per the
nonconforming regulations of ECDC 17.40.030(D). Regarding potential removal of the fence itself, this
is a private civil matter between adjoining property owners.
Trees and Clearing Limits: Refer to Section II.E.2 of the staff report (Exhibit 1) for a discussion related
to trees and staffs recommended condition of approval related to tree retention and protection. The
preliminary development plans (Attachment 4 of Exhibit 1) were included for reference only and do not
represent approved civil construction plans. During the civil construction plan review phase of the
process, the applicant would need to revise the development plans such that the clearing limits are not
limited beyond any trees that are planned for retention. Only trees that will be impacted by the civil
improvements or that are hazardous may be removed during the civil construction plan review phase of
the process. Any other tree removal that is proposed would be reviewed during the building permit
application review process for the future single-family residences.
Setbacks: Refer to Section II.E.3 of the staff report (Exhibit 1) and staff s October 12, 2017 email
response to Mr. O'Neal (Exhibit 6) for discussion related to the setback requirements applicable to the
proposed development.
Noise: The project must comply with the City's noise ordinance (ECC Chapter 5.30). Staff cannot pose
additional limitations on construction hours for specific projects beyond the standard restrictions within
the noise ordinance.
Dust: The applicant will need to prepare a plan indicating temporary erosion and sediment control as part
of the civil construction plan review phase of the project and subsequent building permits for the future
single-family residences. Dust control measures consistent with Best Management Practices are required
to be implemented throughout construction.
Sincerely,
Development Services Department - Planning Division
Jen Machuga
Associate Planner
Cc: File No. PLN20170028
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