letter from neighbor on fence.pdf320 Twelfth Avenue North
Edmonds, Washington 98020-2930 USA
Phone: 425-672-8268 e-mail: rw@seanet.com
To: Code Enforcement, Planning Department, City of Edmonds
Re: Fence encroachment onto Emerald Hills lot 20 (320 12"' Avenue North)
Chronology:
1. About 1987 — We, Ray and Almut White, bought vacant lot 20 in the Emerald Hills subdivision.
Summer 1988 — A contractor, excavating for a house for us on lot 20, found that a fence
belonging to Lars Matthiesen, owner of lot 19 (1200 Highland Drive), existed on lot 20.
August -September 1988 — The Whites and Mr. Matthiesen each had surveys performed, which
showed the location of the fence and of the platted boundary line between lots 19 and 20.
4. March 19, 1990 — Final court recording of a settlement between the Whites and Mr. Matthiesen,
according to which Matthiesen retained the land on his side of the fence, and we received all
platted lot 20 land that lay west (toward 121" Avenue North) of the westernmost part of the fence.
In 2016, Mr. Matthiesen had the fence replaced with a new one without approval from the
Emerald Hills Homeowners' Association and without a permit from the City of Edmonds.
6. October 5, 2017 — We had Pacific Coast Survey, Inc. perform a new survey, showing the location
of the new fence and of the court -recorded boundary line between lost 19 and 20. It showed that
parts of the new fence extended beyond the boundary, that is, into lot 20.
7. October -November 2017 — The Whites filed a request via web -page form with the City of
Edmonds that the city evaluate the fence, which extends onto lot 20 and which, in some parts
exceeds the city's permitted 6-foot height limit and exists in part on critical areas.
8. November 12, 2017 — The city acknowledged receipt of this request.
9. December 4, 2017 — The Whites' attorney sent a letter to Mr. Matthiesen and co-owner Yara
Silva, stating (1) that the Whites had discovered encroachment by the new fence onto lot 20, (2)
that the fence was built in violation of two separate subsection of Chapter 17.30 of the Edmonds
City Code, namely, Chapter 17.30(B), which prohibits the construction of a fence in a critical
area without a permit, and Chapter 17.30(C), which prohibits construction of a fence greater than
six feet in height, and (3) that the Whites demand removal of the encroaching parts of that fence
and that they be reimbursed for the cost of the October 2017 survey —and furthermore, (4) that
the fence be brought into compliance with the applicable provisions of the Edmonds City Code.
We request that the City of Edmonds specify to Mr. Matthiesen the requirements for a modified fence and
enforce applicable provisions of the city code.
Sincerely,
Ray J. White and Almut O. White