OTC road - BLD20110775.pdfCITY OF EDMONDS
DEVELOPMENT SERVICES DEPARTMENT
121 5th Avenue North, Edmonds, WA 98020
11811! ' '
Location of Violation (Address and/or description of location): Parcel Numbers 27032400225200,
and 27032400225100 which are addressed as 514 8th Avenue North and 509 91h Avenue North,
Edmonds, WA 98020
Issued To: Eric Thuesen
Address Of Person This Order Is Issued To: 509 91h Avenue North, Edmonds, WA 98020 "
Code Sections Violated: Edmonds Community Development Code (ECDC) ECDC 23.40.040 —
Jurisdiction; ECDC 23.40.220 — Allowed Activities; ECDC 23.40.230 — Exemptions; ECDC 23.80.040
— Allowed activities — Geologically hazardous areas.
Description of Violation: A building permit for the construction of a cabana and retaining wall at 509
9th Avenue North was issued to Mr. Thuesen on June 28, 2012 (BLD20110775). At a site inspection on
July 30, 2012, it was noticed that a dirt access road had been created from 8th Avenue North to the west
of the cabana site apparently in order to provide access for construction vehicles to get to the work area.
The area west of the cabana construction site is a steep slope area qualifying as both erosion and
landslide hazard areas, as was indicated in the geotechnical report associated with the cabana permit.
All alterations to critical areas (i.e. erosion and landslide hazard areas) must be approved by the City per
ECDC 23.40.220, unless the activity is exempt per ECDC 23.40.230.
Based on subsequent review of the building permit information, however, it was found that the dirt
access road was not shown on the approved site plan for the building permit nor was it discussed or
mitigated for in the associated geotechnical report. In short, the creation of the dirt access road was not
within the scope of the underlying permit for the cabana and retaining wall. The dirt access road was
therefore created in an erosion and landslide hazard area without first obtaining the proper approval
from the City in violation of city code. (ECDC 23.40.220; ECDC 23.40.230; ECDC 23.80.040). A
subsequent field inspection on September 21, 2012 verified these conditions at the site.
Corrective Action Required: Because the creation of the dirt access road by Mr. Thuesen was not
within the scope of the permit he obtained for the construction of the cabana and retaining wall, it is
considered an alteration to a critical area without approval of the City. ECDC 23.40.240 governs the
process Mr. Thuesen is required to follow in order to correct the violation.
In accordance with ECDC 23.40.240.A, Mr. Thuesen, and his contractors, shall immediately stop using
the dirt road east of the rock spall -covered access and stabilize the area in accordance with the code.
The stabilization requirements are contained within the 2005 Department of Ecology stormwater
manual, as implemented by ECDC 18.30. This manual provides that the dirt road area shall be
stabilized with appropriate erosion and sediment control BMPs including, but not limited to, silt fencing,
jute mat, straw or hydroseeding in accordance with seasonal soil stabilization requirements.
Pursuant to ECDC 23.40.240.13, all use of this dirt road shall cease until Mr. Thuesen prepares a
restoration plan in accordance with the provisions of this code and that plan is then approved by the
Director. In accordance with ECDC 23.40.240.13, the restoration plan for the dirt road area must meet
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the minimum standards identified in ECDC 23.40.240.C.2. The plan, and an updated geotechnical
report, must meet the development criteria found in ECDC Chapter 23.80, specifically in ECDC
23.80.060 and 23.80.070. Any and all work required to restore the property, including all work done in
preparing the restoration plan itself, shall be paid for by Mr. Thuesen in accordance with ECDC
23.40.240.A.
The restoration plan, updated geotechnical report, and any other required information shall be submitted
as a revision to the original cabana building permit (BLD20110775). If an access road from the west is
proposed to be used again in the future, Mr. Thuesen shall include that information in the revision
showing the road on the plans while updating the associated geotechnical report to discuss the
construction of the road and its impact on the steep slope area, including post -cabana construction
mitigation for the road area.
No vehicles shall access the cabana site from the west until a revision to building permit BLD20110775
and the associated geotechnical report are reviewed and approved by the City.
Correction is Required no later than: October 23, 2012. As noted above, the use of the dirt road
area shall cease immediately and the road area shall be stabilized with appropriate erosion and sediment
control. A restoration plan (prepared as part of a revision to BLD20110775) shall be filed with the City
by October 23, 2012. If the required information is not received by October 23, 2012, a Notice of Civil
Violation will be issued pursuant to ECDC 20.110.040.13 and monetary penalties will begin to accrue
on October 24, 2012. A $100 per day fine will be assessed in accordance with ECDC 20.110.040.17
beginning on October 24, 2012, for each and every day or portion of a day on which the violation
continues. A Notice of Civil Violation may be appealed in accordance with ECDC 20.110.040.C.
This Order to Correct is imposed without prejudice to any other civil, criminal, injunctive or other
remedy and/or penalty available to the City.
Date Posted: N/A Date Mailed: NA Date Served: October 9, 2012
Issuing Party: Mike Clugston, AICP Title: Associate Planner
Signature:
21Paye