Kvasnikoff 1-17-08.pdfJanuary 17, 2008
Wayne Kvasnikoff
633 Giltner Lane
Edmonds, WA. 98020
Case: # ZE-08-009 (COD20080003)
Subject property: 633 Giltner Lane, Edmonds, WA. 98020
Dear Mr. Kvasnikoff,
The City has received a complaint regarding a building, firewood and fence slats creating
a blockage and causing Shell Creek to divert outside the current channel at flood stage.
The Edmonds Community Development Code (ECDC) addresses these type of critical
area conditions as follows:
ECDC 23.10.130 General regulations — Environmentally sensitive areas and critical
areas.
A. Location.
1. Environmentally sensitive areas include steep slopes; marshes, bogs, and swamps;
floodplains; streams; spawning beaches; and other areas exhibiting serious constraints on
development and/or significant possibility of biotic productivity.
2. Critical areas include fish and wildlife habitat conservation areas; frequently flooded
areas; geologically hazardous areas; streams; and wetlands.
B. Development Limitations. All uses, developments, and activities on sites containing
environmentally sensitive areas and/or critical areas must comply with all applicable
local, state, and federal laws pertaining to development in these areas. In addition, the site
must be specifically designed so that the hazards from or impact on the environmentally
sensitive area and/or critical area will be mitigated.
C. Additional Authority. In addition to any other authority the city may have, the city is
hereby authorized to condition or deny a proposed use, development, or activity or to
require site redesign because of hazards associated with the use, development or activity
on or near an environmentally sensitive and/or critical area, and/or the effect of the
proposal on the environmentally sensitive area and/or critical area. [Ord. 3318 § 3, 2000].
ECDC 23.40.050 Protection of critical areas.
Any action taken pursuant to this title shall result in equivalent or greater functions and
values of the critical areas associated with the proposed action, as determined by the best
available science. All actions and developments shall be designed and constructed in
accordance with ECDC 23.40.120, Mitigation sequencing, to avoid, minimize, and
restore all adverse impacts. Applicants must first demonstrate an inability to avoid or
reduce impacts before the use of actions to mitigate potential impacts will be allowed. No
activity or use shall be allowed that results in a net loss of the functions or values of
critical areas. [Ord. 3527 § 2, 2004].
ECDC 23.40.110 Mitigation requirements.
A. The applicant shall avoid all impacts that degrade the functions and values of critical
areas. Unless otherwise provided in this title, if alteration to the critical area is
unavoidable, all adverse impacts to or from critical areas and buffers resulting from a
development proposal or alteration shall be mitigated using the best available science in
accordance with an approved critical areas report and SEPA documents, so as to result in
no net loss of critical area functions and values.
B. Mitigation shall be in -kind and on -site, when possible, and sufficient to maintain the
functions and values of the critical area and to prevent risk from a hazard posed by a
critical area.
C. Mitigation shall not be implemented until after the director has provided approval of a
critical areas report that includes a mitigation plan. Mitigation shall be implemented in
accordance with the provisions of the approved critical areas report. [Ord. 3527 § 2,
20041.
ECDC 23.40.220 Allowed activities.
A. Critical Area Report. Activities allowed under this title shall have been reviewed and
permitted or approved by the city of Edmonds or other agency with jurisdiction, but do
not require submittal of a critical area report, unless such submittal was required
previously for the underlying permit. The director may apply conditions to the underlying
permit or approval to ensure that the allowed activity is consistent with the provisions of
this title to protect critical areas.
B. Required Use of Best Management Practices. All allowed activities shall be conducted
using the best management practices that result in the least amount of impact to the
critical areas. Best management practices shall be used for tree and vegetation protection,
construction management, erosion and sedimentation control, water quality protection,
and regulation of chemical applications. The city may observe or require independent
inspection of the use of best management practices to ensure that the activity does not
result in degradation to the critical area. Any incidental damage to, or alteration of, a
critical area shall be restored, rehabilitated, or replaced at the responsible party's expense.
ECDC 23.40.230 Exemptions.
A. Exemption Request and Review Process. The proponent of the activity may submit a
written request for exemption to the director that describes the activity and states the
exemption listed in this section that applies.
ECDC 23.40.280 Building setbacks.
Unless otherwise provided, buildings and other structures shall be set back a distance of
15 feet from the edges of all critical area buffers or from the edges of all critical areas, if
no buffers are required. The following may be allowed in the building setback area:
A. Landscaping;
B. Uncovered decks;
C. Building overhangs, if such overhangs do not extend more than 30 inches into the
setback area; and
D. Impervious ground surfaces, such as driveways and patios; provided, that such
improvements may be subject to water quality regulations as adopted in the current
editions of the International Residential Code and International Building Code, as
adopted in ECDC Title 19. [Ord. 3527 § 2, 2004].
In light of the code requirements above, the following corrective actions are required by
February 15, 2008:
• Please remove the building from the stream buffer.
• Please remove the stacked wood and any other placed objects that would block
the stream from the adjacent channel.
• Please remove the slats from the cyclone fence to allow relatively free flow of
stream water.
• Please maintain the stream from debris that can block the current channel.
• If you prefer to explore the alternatives to removal of the obstructions as noted
above, a mitigation plan would be required. Please contact the Planning Division to
inquire about mitigation plan submittal requirements.
Please call at 425-771-0220 if you have any questions. Thank you in advance for your
cooperation and assistance.
Sincerely,
Mike Thies
Code Enforcement Inspector
thies@ci.edmonds.wa.us
CC. R. Chave, Planning Manager