Hazard Tree Removal - 23403 Robinhood Dr - revised 10-27-17.pdfCITY OF EDMONDS
121 5th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
fhC. 18y,J
October 27, 2017
Melanie Lewis and Greg Cain
23403 Robinhood Dr.
Edmonds, WA 98020
gregnmel50snae frontier.com
Subject: Hazard Tree Removal at 23403 Robinhood Dr.
Dear Ms. Lewis and Mr. Cain:
I am writing to revise the hazard tree removal letter that was sent to you on September 13, 2017 in response to your
September 29, 2017 email confirming the scope of proposed work. You contacted our office in the fall of 2016 to
enquire about removing some trees from your property addressed 23403 Robinhood Drive. In reviewing the
photographs that you submitted via email on October 2, 2016 and after conducting a site visit on October 13, 2016,
it was confirmed that the hemlock tree located on the southern side of the property near the center of the site,
adjacent to the stairs that connect your home to the lower driveway is clearly dead/dying and may be removed
pursuant to ECDC 23.40220.C.8.b. For your reference, I am enclosing the photos that you emailed to me on
October 2, 2016.
The subject hemlock tree is located on a slope that exceeds 25 percent, which is considered an Erosion Hazard Area
pursuant to the City's critical areas regulations. As such, the cutting of this tree is subject to the applicable critical
areas regulations of Edmonds Community Development Code (ECDC) Chapters 23.40 through 23.90. Generally the
removal of trees, or any vegetation, within a critical area or critical area buffer is not an allowed activity, unless it
involves the removal of invasive species or hazard trees. Removal of hazardous trees in critical areas is regulated in
the Edmonds Community Development Code (ECDC) Section 23.40.220.C.8.b. Such removal is an allowed
activity as indicated by the code below:
b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety,
or posing an imminent risk of damage to private property; provided, that:
i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape
architect that documents the hazard and provides a replanting schedule for the replacement trees,
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified
professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be
removed or converted to wildlife snags;
iii. All vegetation cut (tree stems, branches, etc) shall be left within the critical area or buffer unless
removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation or
unless removal is warranted to improve slope stability;
iv. The land owner shall replace any trees that are removed with new trees at a ratio of two
replacement trees for each tree removed (2:1) within one year in accordance with an approved
restoration plan. Replacement trees may be planted at a different, nearby location if it can be
determined that planting in the same location would create a new hazard or potentially damage the
critical area. Replacement trees shall be species that are native and indigenous to the site and a
minimum of one to two inches in diameter at breast height (dbh) for deciduous trees and a minimum of
six feet in height for evergreen trees as measured from the top of the root ball;
v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife
biologist shall be consulted to determine timing and methods of removal that will minimize impacts;
and
A Hazard trees determined to pose an imminent threat or danger to public health or safety, to public
or private property, or of serious environmental degradation may be removed or pruned by the land
owner prior to receiving written approval from the city; provided, that within 14 days following such
action, the land owner shall submit a restoration plan that demonstrates compliance with the
provisions of this title;
As I was able to verify during my site visit on October 13, 2016, the subject hemlock tree is clearly dead/dying, so a
report by a certified arborist is not required for the removal of this tree. Based on my observations during my site
visit, it is clear that removal of this tree is warranted as long as the requirements of ECDC 23.40.220.C.7.b are
followed, including the requirement of ECDC 23.40.220.C.7.b.iv that hazard trees be replaced with new trees at a
ratio of two -to -one. As we previously discussed, this tree would be a good candidate for a wildlife snag. If you
choose to convert this tree to a wildlife snag, replacement of it will not be required. Otherwise, replacement at a
two -to -one ratio will be required.
You have also requested permission to cut a dead hemlock tree located near the base of the stairs on the flatter
portion of your property (on the southern side of the site near the lower parking area). Since this tree is not located
on a slope in excess of 25%, this tree can be removed without a permit, and replacement according to the above
critical areas code section is not required.
It should also be noted that when you initially contacted me in the fall of 2016, you had enquired about cutting two
additional trees on the slope (a mountain ash and a dogwood); however, additional information was requested from a
certified arborist regarding these two trees. Per your email of August 3, 2017, you have decided to wait on the
proposal to remove the mountain ash and dogwood and to only remove the two hemlock trees at this time.
An exemption for the tree cutting identified above is granted with the following conditions:
1. Only the cutting of the two hemlock trees identified in the emails with photographs received on October 2,
2016 may be conducted. One of these trees is located on the southern side of the property near the center
of the site, adjacent to the stairs that connect your home to the lower driveway and the other one is located
on the southern side of the property below the stairs near the lower driveway. No additional trees may be
cut without further review and approval by the Planning Division.
2. It is at your discretion whether the cuttings are left within the critical area or removed. The stump of the
hemlock located on the slope must not be removed and must remain in place in order to help maintain slope
stability.
3. All work must be done using hand labor and light (hand-held) equipment, and appropriate erosion control
must be implemented to minimize impacts to the critical areas. The replacement trees (if applicable) must
be installed using the same techniques in the general area that the subject trees are cut.
4. The hemlock tree located on the slope whose top had previously broken off must be replaced at a ratio of
two -to -one consistent with ECDC 23.40220.C.7.b.iv within one year of tree the tree cutting activity, with
the exception that if this tree is converted to a snag, replacement of the tree will not be required.
Replacement trees (if applicable) should be planted in the general vicinity of the cut tree. Replacement of
the hemlock located near the base of the stairs on the flatter portion of the property is not required since this
tree is not located within the Erosion Hazard Area.
5. Pursuant to ECDC 23.40.220.C.7.b, replacement trees (if applicable) shall be a minimum of one inch
diameter at breast height for deciduous trees and a minimum of six feet in height for evergreen trees as
measured from the top of the root ball.
If you have any questions, you are welcome to contact me at Jen.Machuga@edmondswa.gov or (425) 771-0220.
Sincerely,
Jen Mach uga
Associate Planner
Encl: Two Emails from Melanie Lewis dated 10/2/16
Email from Melanie Lewis dated 8/3/17
Machuga, Jen
From: Melanie Lewis <gregnmel50s@frontier.com>
Sent: Sunday, October 2, 2016 6:23 PM
To: Machuga, Jen
Cc: Melanie Lewis; Greg Cain
Subject: Re: Potential Tree Removal at 23403 Robinhood Dr.
Hi Jen,
I don't know much about picture sizes, so I will send in a couple emails and hope this works. The first picture
on the left shows the dying dogwood (left), the large dead hemlock (middle), and the other dead/diseased
hemlock whose top broke off and chipped our chimney Christmas 2012. The pileated woodpeckers are after the
i
two dead hemlocks. All are near the stairs that run from the top of the property to a driveway at the bottom of
the property. The fourth tree we would like to remove is the mountain ash off our deck in the fourth picture
(near the dead/diseased hemlock whose top broke off). The dogwood and the mountain ash are not completely
dead yet, but they are dying. If we can, we would like to remove all four at one time rather than have to do this
again in a short while.
My next email will have more pictures of the trees, as well as show proximity to our neighbor's house, our
neighbor's fence, and our deck/roof/carport.
Thank you
On Sep 28, 2016, at 4:52 PM, Machuga, Jen <Jen.Machuga(a�edmondswa.gov> wrote:
Hi Melanie,
I discussed your desire to remove a few trees at your property (23403 Robinhood Dr.) with another
planner this afternoon and was wondering if you might be able to send me a few photos of the trees in
question. I think that would be helpful for making sure that the correct process is followed for your
proposal.
The hazard tree removal provisions I was discussing with you over the phone yesterday are contained
within ECDC 23.40.220.C.8.b, which states the following:
b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public
safety, or posing an imminent risk of damage to private property, provided, that:
i. The applicant submits a report from an ISA- or ASCA -certified arborist or registered landscape
architect that documents the hazard and provides a replanting schedule for the replacement
trees;
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a
qualified professional. Where pruning or crown thinning is not sufficient to address the hazard,
trees should be removed or converted to wildlife snags;
iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer
unless removal is warranted due to the potential for disease or pest transmittal to other healthy
vegetation or unless removal is warranted to improve slope stability;
iv. The land owner shall replace any trees that are removed with new trees at a ratio of two
replacement trees for each tree removed (2:1) within one year in accordance with an approved
restoration plan. Replacement trees may be planted at a different, nearby location if it can be
determined that planting in the some location would create a new hazard or potentially damage
the critical area. Replacement trees shall be species that are native and indigenous to the site
and a minimum of one to two inches in diameter at breast height (dbh) for deciduous trees and a
minimum of six feet in height for evergreen trees as measured from the top of the root ball;
v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife
biologist shall be consulted to determine timing and methods of removal that will minimize
impacts, and
vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to
public or private property, or of serious environmental degradation may be removed or pruned
by the land owner prior to receiving written approval from the city; provided, that within 14 days
following such action, the land owner shall submit a restoration plan that demonstrates
compliance with the provisions of this title;
I will be out of the office tomorrow through Monday, returning on Tuesday. If you have any questions in
my absence, feel free to call the number below and ask for the "planner on duty". Otherwise, I'll be
happy to take a look at any photos you're able to send when I return to the office next week.
Sincerely,
Jen
Jennifer Machuga, Associate Planner
City of Edmonds, Planning Division
121 - 5th Avenue North
Edmonds, WA 98020
(425) 771-0220 ext. 1224
Jen. Machuga@edmondswa.gov
Development Services Hours:
Monday & Tuesday 8:00 AM - 4:30 PM
Wednesday 8:30 AM - Noon
Thursday & Friday 8:00 AM - 4:30 PM
Machuga, Jen
From: Melanie Lewis <gregnmel50s@frontier.com>
Sent: Sunday, October 2, 2016 6:36 PM
To: Machuga, Jen
Subject: Re: Potential Tree Removal at 23403 Robinhood Dr.
Email #2: Another shot of the mountain ash, a shot of the tree trunks from the bottom of the property (It. gray
trunk in middle of carport is mountain ash, trunk with ivy is hemlock with broken top, trunk just the the right of
the stairs and left of the neighbor's fence is the dogwood). The last picture shows the proximity of the big dead
hemlock to our neighbor's house. We took lots more pictures. I should also note that the property is very
wooded. We are not averse to replacement planting, but two to one replacement is probably excessive given
other trees on the property. We have pictures of that too.
Thank you for your consideration.
Melanie Lewis
On Sep 28, 2016, at 4:52 PM, Machuga, Jeri <Jen.Machugagedmondswa.gov> wrote:
Hi Melanie,
I discussed your desire to remove a few trees at your property (23403 Robinhood Dr.) with another
planner this afternoon and was wondering if you might be able to send me a few photos of the trees in
question. I think that would be helpful for making sure that the correct process is followed for your
proposal.
The hazard tree removal provisions I was discussing with you over the phone yesterday are contained
within ECDC 23.40.220.C.8.b, which states the following:
b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public
safety, or posing an imminent risk of damage to private property; provided, that:
i. The applicant submits a report from an ISA- or ASCA -certified arborist or registered landscape
architect that documents the hazard and provides a replanting schedule for the replacement
trees;
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a
qualified professional. Where pruning or crown thinning is not sufficient to address the hazard,
trees should be removed or converted to wildlife snags,
iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer
unless removal is warranted due to the potential for disease or pest transmittal to other healthy
vegetation or unless removal is warranted to improve slope stability,
iv. The land owner shall replace any trees that are removed with new trees at a ratio of two
replacement trees for each tree removed (2:1) within one year in accordance with an approved
restoration plan. Replacement trees may be planted at a different, nearby location if it can be
determined that planting in the some location would create a new hazard or potentially damage
the critical area. Replacement trees shall be species that are native and indigenous to the site
and a minimum of one to two inches in diameter at breast height (dbh) for deciduous trees and a
minimum of six feet in height for evergreen trees as measured from the top of the root ball;
v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife
biologist shall be consulted to determine timing and methods of removal that will minimize
impacts; and
vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to
public or private property, or of serious environmental degradation may be removed or pruned
by the land owner prior to receiving written approval from the city, provided, that within 14 days
following such action, the land owner shall submit a restoration plan that demonstrates
compliance with the provisions of this title,
I will be out of the office tomorrow through Monday, returning on Tuesday. If you have any questions in
my absence, feel free to call the number below and ask for the "planner on duty". Otherwise, I'll be
happy to take a look at any photos you're able to send when I return to the office next week.
Sincerely,
Jen
Jennifer Machuga, Associate Planner
City of Edmonds, Planning Division
121 - 5th Avenue North
Edmonds, WA 98020
(425) 771-0220 ext. 1224
len.Machuqa@edmondswa.gov
Development Services Hours:
Monday & Tuesday 8:00 AM - 4:30 PM
Wednesday 8:30 AM - Noon
Thursday & Friday 8:00 AM - 4:30 PM
Machuga, Jen
From: Melanie Lewis <gregnmel50s@frontier.com>
Sent: Thursday, August 3, 2017 6:34 PM
To: Machuga, Jen
Subject: Re: Potential Tree Removal at 23403 Robinhood Dr.
Hi Jen,
I seem to have trouble bringing our tree matter to a close (see email trail below for memory prompts). I am
hoping, once again, that we can pick up where we left off.
I have just contacted my tree service person to see if he is still interested in this job. I measured the dogwood
and mountain ash. They are both greater than 4 inches at breast height. Rather than try to coordinate with yet
another party and face further delays, we would like to go ahead with the two clearly dead/dying hemlock trees
at this time. We would have the one at the base of the stairs removed and have the one at the top of the stairs
cut to a 10 foot snag.
My understanding is that the two hemlock trees qualify for the hazard tree permit exemption and that we can
proceed without a permit or replanting under the above conditions. It sounds like you will provide us with a
letter documenting staffs decision about our request. Do we need to receive that letter before we proceed?
Thank you for your patience in helping us negotiate the City of Edmonds code in our case. I look forward to
hearing from you.
Melanie Lewis
23403 Robin Hood Drive
Edmonds, WA 98020
206-380-0372
On Jan 31, 2017, at 9:54 AM, Machuga, Jen <Jen.Machugakedmondswa.gov> wrote:
Hi Melanie,
I'm so sorry to hear about your father's stroke. Family matters definitely take priority!
It's no problem at all to pick up where we left off. I'm happy to help in any way that I can. Feel free to
send me the measurements for the other two trees and we can figure out what the code requirements
would be for those. Then, I can write up a hazard tree removal letter for the two hemlocks. Did you
decide if you'd like to leave the one hemlock whose top had broken off as a snag?
Sincerely,
Jen
Jennifer Machuga, Associate Planner
City of Edmonds, Planning Division
121 - 5th Avenue North
Edmonds, WA 98020
(425) 771-0220 ext. 1224
Jen. Machuga@edmondswa.gov
Development Services Hours:
Monday & Tuesday 8:00 AM - 4:30 PM
Wednesday 8:30 AM - Noon
Thursday & Friday 8:00 AM - 4:30 PM
From: Melanie Lewis[maiIto: gregnme150s@frontier.com]
Sent: Saturday, January 28, 2017 5:02 PM
To: Machuga, Jen
Subject: Re: Potential Tree Removal at 23403 Robinhood Dr.
Dear Jen,
Where does time go? We became completely derailed from pursuing trees when my father had a
stroke in November and have stayed derailed through family adjustments and the holidays.
Is it possible to pick up where we left off? I would like to measure our trees and get back to
you. I suspect we would just like to do hemlocks for now.
Thank you.
Melanie Lewis
23403 Robin Hood Drive
Edmonds, WA 98020
206-380-0372
On Oct 21, 2016, at 4:40 PM, Machuga, Jen <Jen.Machugakedmondswa.gov>
wrote:
Hi Melanie,
Thanks for meeting me at your property last week to show me the trees in question. I
was able to review your request with the other planners, and wanted to get back to you
with some additional information. Since the dead hemlock tree on the western side of
your property is located on a flatter portion of your property, that tree can be removed
without the requirement for replacement. The other trees, however, would need to be
replaced at a two -to -one ratio since they are located on the slope (unless you decide to
cut the other hemlock to a snag as discussed below, then the hemlock would not need
to be replaced).
I didn't measure the dogwood and mountain ash while I was at your property, but
please let me know if they are less than four inches in diameter at breast height. I think
they're larger than that, but I wanted to be sure because otherwise, you may be able to
remove them without replacement. Assuming the dogwood and mountain ash are
larger than four inches in diameter at breast height, we will need an arborist to assess
both of them in order to determine if they are hazardous and can be removed without a
tree cutting permit since they are not clearly dead/dying like the two hemlocks. The
arborist would need to provide Tree Risk Assessment Forms for both of these trees
indicating their risk so that we can determine whether they would qualify for the hazard
tree permit exemption.
Please let me know if you plan to move forward with having an arborist assess the
dogwood and mountain ash or if you'd only like to remove the two hemlocks for
now. That way I can write up a letter documenting staff's decision on your request.
Sincerely,
Jen
Jennifer Machuga, Associate Planner
City of Edmonds, Planning Division
121 - 5th Avenue North
Edmonds, WA 98020
(425) 771-0220 ext. 1224
Jen.Machuga@edmondswa.gov
Development Services Hours:
Monday & Tuesday 8:00 AM - 4:30 PM
Wednesday 8:30 AM - Noon
Thursday & Friday 8:00 AM - 4:30 PM
From: Machuga, Jen
Sent: Thursday, October 06, 2016 11:18 AM
To: 'Melanie Lewis'
Cc: Greg Cain
Subject: RE: Potential Tree Removal at 23403 Robinhood Dr.
Hi Melanie,
Thanks for sending the photos! They were very helpful. Based on the photos, the two
hemlock trees are clearly dead/dying and may be removed pursuant to ECDC
23.40.220.C.8.b. Please note that due to the proximity to the slope, you must leave the
stumps in place. If you would like to remove the stumps, a report by a geotechnical
engineer may be necessary.
The hemlock whose top had broken off looks like it would be a good candidate for a
wildlife snag. If you leave this tree as a wildlife snag (minimum 10 feet tall), then you
would not need to replant to compensate for the cutting of it to a snag. If, however,
you want to cut this tree to a stump, then replacement at a two -to -one ratio will be
required. The other hemlock will also need to be replaced at a ratio of two -to -one. I
understand your concerns related to the replacement requirement, but I am not able to
waive that code requirement. You are welcome to select a different species for the
replacement trees as long as the replacement trees are native and indigenous to the site
and meet the minimum size requirements included in the code section that I sent to
you.
For the dogwood and mountain ash, it is difficult to see if these trees are obviously
dead/dying in the photos. I could stop by your property sometime to take a look, but
we may need an arborist to assess those two trees. If you'd like me to come take a look,
let me know when a good day/time would be. I could come next Tuesday or Thursday
after 11am or next Wednesday after 1:30pm.
Once we determine whether the dogwood and mountain ash can also be removed, I will
write up a hazard tree letter for your records.
Sincerely,
Jen
Jennifer Machuga, Associate Planner
City of Edmonds, Planning Division
121 - 5th Avenue North
Edmonds, WA 98020
(425) 771-0220 ext. 1224
Jen.Machuga@edmondswa.gov
Development Services Hours:
Monday & Tuesday 8:00 AM - 4:30 PM
Wednesday 8:30 AM - Noon
Thursday & Friday 8:00 AM - 4:30 PM
From: Melanie Lewis [ma iIto: gregnmel50sC(bfrontier.com]
Sent: Sunday, October 02, 2016 6:23 PM
To: Machuga, Jen
Cc: Melanie Lewis; Greg Cain
Subject: Re: Potential Tree Removal at 23403 Robinhood Dr.
<image001. j pg><image002. j pg><image003 . j pg><image004. j pg>
Hi Jen,
I don't know much about picture sizes, so I will send in a couple emails and hope
this works. The first picture on the left shows the dying dogwood (left), the large
dead hemlock (middle), and the other dead/diseased hemlock whose top broke off
and chipped our chimney Christmas 2012. The pileated woodpeckers are after the
two dead hemlocks. All are near the stairs that run from the top of the property to
a driveway at the bottom of the property. The fourth tree we would like to
remove is the mountain ash off our deck in the fourth picture (near the
dead/diseased hemlock whose top broke off). The dogwood and the mountain ash
are not completely dead yet, but they are dying. If we can, we would like to
remove all four at one time rather than have to do this again in a short while.
My next email will have more pictures of the trees, as well as show proximity to
our neighbor's house, our neighbor's fence, and our deck/roof/carport.
Thank you
On Sep 28, 2016, at 4:52 PM, Machuga, Jen <Jen.Machugakedmondswa.gov>
wrote:
Hi Melanie,
I discussed your desire to remove a few trees at your property (23403 Robinhood Dr.)
with another planner this afternoon and was wondering if you might be able to send me
a few photos of the trees in question. I think that would be helpful for making sure that
the correct process is followed for your proposal.
The hazard tree removal provisions I was discussing with you over the phone yesterday
are contained within ECDC 23.40.220.C.8.b, which states the following:
b. The removal of trees from critical areas and buffers that are hazardous, posing a
threat to public safety, or posing an imminent risk of damage to private property;
provided, that:
i. The applicant submits a report from an ISA- or ASCA-certified arborist or
registered landscape architect that documents the hazard and provides a
replanting schedule for the replacement trees;
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise
justified by a qualified professional. Where pruning or crown thinning is not
sufficient to address the hazard, trees should be removed or converted to wildlife
snags,
iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical
area or buffer unless removal is warranted due to the potential for disease or
pest transmittal to other healthy vegetation or unless removal is warranted to
improve slope stability;
iv. The land owner shall replace any trees that are removed with new trees at a
ratio of two replacement trees for each tree removed (2:1) within one year in
accordance with an approved restoration plan. Replacement trees may be
planted at a different, nearby location if it can be determined that planting in
the some location would create a new hazard or potentially damage the critical
area. Replacement trees shall be species that are native and indigenous to the
site and a minimum of one to two inches in diameter at breast height (dbh) for
deciduous trees and a minimum of six feet in height for evergreen trees as
measured from the top of the root ball;
v. If a tree to be removed provides critical habitat, such as an eagle perch, a
qualified wildlife biologist shall be consulted to determine timing and methods of
removal that will minimize impacts; and
vi. Hazard trees determined to pose an imminent threat or danger to public
health or safety, to public or private property, or of serious environmental
degradation may be removed or pruned by the land owner prior to receiving
written approval from the city, provided, that within 14 days following such
action, the land owner shall submit a restoration plan that demonstrates
compliance with the provisions of this title,
I will be out of the office tomorrow through Monday, returning on Tuesday. If you have
any questions in my absence, feel free to call the number below and ask for the
"planner on duty". Otherwise, I'll be happy to take a look at any photos you're able to
send when I return to the office next week.
Sincerely,
Jen
Jennifer Machuga, Associate Planner
City of Edmonds, Planning Division
121 - 5th Avenue North
Edmonds, WA 98020
(425) 771-0220 ext. 1224
Jen. Machuga@edmondswa.gov
Development Services Hours:
Monday & Tuesday 8:00 AM - 4:30 PM
Wednesday 8:30 AM - Noon
Thursday & Friday 8:00 AM - 4:30 PM
9