Notice of Violation and Monetary Fine.pdf`11c. I g9\3
1.TJ .F E'DMONDS
121 5"' Avenue North, Edmonds WA 98020
Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web \yww (.ittr_(.iir(ls\Ara. ;z yI
DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION
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Location of Violation (address and/or description of location): The violation occurred on the property
addressed 8116 206"' St. SW, Edmonds, WA. Tax Parcel No. 00614300003802.
Issued To: Rotary Club of Lynnwood, c/o Kenneth Peirce
P.O. Box 6754
Lynnwood, WA 98036
Code Sections Violated: Edmonds Community Development Code (ECDC) Section 18.45.020 — Permits, and
ECDC Section 18.45.050 — Performance standards for land development permits
Description of Violation: The Rotary Club of Lynnwood owns the subject site addressed 8116 206°i St. SW.
The site was previously vacant; however, a building permit for a new single-family residence was issued in
September of 2014 under Building Permit No. BLD20140598. The site is 20,594 square feet and is located
within the Single -Family Residential (RS -8) zone, which requires a minimum lot area of 8,000 net square feet.
Due to the fact that the property had been vacant and is large enough to potentially subdivide (in fact, a two -lot
subdivision application is currently pending under File No. PLN20140063), a permit was required for any tree
cutting on the site pursuant to ECDC Sections 18.45.020 and 18.45.030. The Rotary Club of Lynnwood's
proposal for tree cutting was reviewed as part of the associated building permit application review.
According to ECDC 18.45.050.A, "There shall be no clearing on a site for the sake ofpreparing that site for'
sale or future development. Trees may only be removed pursuant to a clearing permit which has been
approved by the city. " Additionally, ECDC 18.45.050.B states "Trees shall be retained to the maximum
extent feasible. " The Rotary Club of Lynnwood had initially requested to remove all of the trees from the
subject site as part of their building permit application (BLD20140598); however, due to the restrictions within
the City's tree cutting regulations, only the trees that were reasonably in the path of the proposed development
(including utilities) were authorized for removal. Staff discussed the City's tree cutting regulations applicable
to the subject site with the Rotary Club of Lynnwood's representative, Kenneth Peirce, at several times prior to
and throughout review of the building permit application on the subject site. As indicated on the clearing and
grading plan for the building permit, all trees located on the southern and eastern -most portions of the property
were to be retained. A condition of the approval also stated: "Trees to be retained shall be protected consistent
with the tree protection measures of ECDC 18.45.050.H."
During a visit to the subject site in January of 2015, it was observed that eight trees that had been indicated on
the approved building permit plans as to be retained were removed. Exhibit A is an excerpt from the clearing
and grading plan approved as part of the associated building permit (BLD20140598). The eight trees removed
without authorization are indicated in orange and are assigned numbers (#1 through 8) to assist with reference.
Kenneth Peirce submitted a letter on January 21, 2015 on behalf of the Rotary Club of Lynnwood describing
the tree cutting activity. Mr. Peirce explained that one of the trees (indicated as Tree #1 in Exhibit A) was too
close to other trees authorized for removal and that there would be no way to remove the other trees without
damage to Tree 41. Mr. Peirce referenced codes from other jurisdictions and stated that he was under the
impression that alder trees were considered weeds and could be removed without permit approval; however,
there is nothing in the Edmonds Community Development Code (ECDC) indicating that alders are not subject
to the same tree cutting regulations as all other species under ECDC Chapter 18.45. ECDC 18.45.040.Q
defines a tree as follows:
"Tree " shall mean any living woody plant characterized by one main stern or trunk and many
branches and having a caliper of six inches or greater, or a multi -stemmed trunk system with
a definitely formed crown.
The tree cutting activity detailed in Exhibits A and B was unauthorized as part of the associated building
permit (BLD20140598), and a separate tree cutting permit was not obtained from the applicant for such
activity.
Monetary Penalty: ECDC 18.45.070 — Violations and penalties and ECDC 18.45.075 — Public and private
redress — establish that violations of the tree cutting code are subject to penalties set forth in these code
sections. ECDC 18.45.070.13 establishes a civil penalty in an amount not to exceed $1,000 penalty for a tree of
up to three inches and $3,000 for a tree three inches or more.
Exhibits A and B detail the trees that are the subject of this violation as well as the monetary penalty assessed
for each tree. As explained by Mr. Peirce in his letter submitted on January 21, 2015, one of the eight trees
that were not authorized for removal (indicated as Tree #1 in Exhibits A and B) could not be protected while
the adjacent trees that were authorized for removal were curt. Thus, no fine is being assessed for this tree.
Sufficient evidence was not provided indicating the inability to retain the other trees that were cut without
authorization (Trees #2 through 8). However, it is acknowledged that assuming the pending subdivision is
approved and a single-family residence is constructed on the proposed second lot (on the southern► side of the
property), it is likely that the three trees indicated as Trees #2 through 4 would need to be removed with the
future construction of a residence on that portion of the property. Thus, a lesser fee is being assessed for those
three trees than the four trees that reasonably could have been retained with the development of the residence
currently under construction as well as the potential future residence on the southern side of the site (Trees #5
through 8). In addition to the assessment of a larger fee for the four trees that reasonably could have been
retained with the future development of the potential second residence (Trees #5 through 8), replacement of
these four trees at a ratio of one-to-one is required pursuant to ECDC 18.45.075.A.2.
Each tree was assessed a base fine under ECDC 18.45.070.13 depending on the specific activity associated with
each specific tree. This penalty amount is supported by: (i) the plain text of the ECDC with respect to
unauthorized tree cutting, (ii) the Rotary Chub of Lynnwood's knowledge of tree cutting permit requirements,
and (iii) Mr. Peirce's responsiveness in submitting information on behalf of Rotary Chub of Lynnwood after
the violation. The total civil monetary penalty assessed for the above -referenced violation is $7,500.
This Notice is imposed without prejudice to any other civil, criminal, injunctive or other remedy and/or penalty
available to the City.
Corrective Action: In addition to the monetary penalty imposed above, the following corrective action is
required:
1. Plant four replacement trees a minimum of three inches in caliper on the eastern side of the site within
the general vicinity of Trees #5 through 8. The replacement species shall be approved by the Plamring
Division prior to planting. Planting of the four replacement trees shall be completed by June 30, 2015.
Note: The Rotary Club of Lynnwood and/or its representative must pay the monetary penalty of $7,500
by March 13, 2015. This decision is appealable to the City of Edmonds Hearing Examiner by filing a
complete appeal application including written notice of appeal with the Development Services Director
no later than February 19, 2015 at 4:00 pm. The appeal filing fee is $705. Failure to appeal this Notice
of Violation renders the Notice of Violation final.
Date Posted: N/A Date Mailed: N/A Date Served: February 12, 2015
Issuing Party: Shane Hope Title: Director, Development Services Department
Signature
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Exhibit B
Tree No.
Species
Diameter
Likelihood of
Activity
Notes
Base Fine
Survival
LCDC 18.45.070.6
1
Fir
26"
N/A
Cut to Stump
Unauthorized removal.
$0
However, roots were very
close to two trees authorized
for removal, so it was not
possible to retain this tree.
2
Alder
8"
N/A
Cut to Stump
Unauthorized removal.
$500
However, in path of future
development.
3
Alder
15"
N/A
Cut to Stump
Unauthorized removal.
$500
However, in path of future
development.
4
Alder
16"
N/A
Cut to Stump
Unauthorized removal.
$500
However, in path of future
development.
5
Madrona
8"
N/A
Cut to Stump
Unauthorized removal. Tree
$1,500
likely could have been
retained during future
development.
6
Fir
28"
N/A
Cut to Stump
Unauthorized removal. Tree
$1,500
likely could have been
retained during firture
development.
7
Alder
8"
N/A
Cut to Stump
Unauthorized removal. Tree
$1,500
likely could have been
retained during future
development.
8
Alder
8"
N/A
Cut to Stump
Unauthorized removal. Tree
$1,500
likely could have been
retained during future
development.
Total fine
$7,500