PLN20180022 staff decision w atts.pdfCITY OF EDMONDS
121- 5TH AVENUE NORTH, EDMONDS, WA 98020
ADMINISTRATIVE CONDITIONAL USE PERMIT
FINDINGS, CONCLUSIONS AND DECISION
To: Haydeh Sharifi
From:
Mike Clugston, AICP
Associate Planner
Date: May 15, 2018
File: PLN20180022
I. INTRODUCTION
The proposal is to top some previously topped alder trees at 17111 & 17117 76th Avenue
West for view maintenance. Critical areas are present on the vacant sites. Under the old
critical areas ordinance (Ord. 3527), re -topping trees to their previously topped level was
allowed as a maintenance activity. The critical areas ordinance adopted in May 2016
(Ord. 4026) requires that re -topping be done every five (5) years for it to be considered
normal maintenance of vegetation. According to the Applicant, the previous re -topping
was done more than five years ago so this land clearing/tree cutting permit is required for
the proposed work.
A. Application
1. Property Owner/Applicant: Haydeh Sharifi (Rob Nicholson, rep.)
2. Site Location: 17111 & 17117 76th Ave. W
3. Request: A conditional use permit to allow the alteration of trees (maintenance
re -topping) in a critical area
4. Review Process: An administrative conditional use permit is a Type II permit.
Following a public comment period, the Director (or designee) makes an
administrative decision.
5. Compliance with:
a. Edmonds Community Development Code (ECDC) Chapter 18.45 — Land
Clearing and Tree Cutting
b. ECDC Chapter 20.01— Types of Development Project Permits
c. ECDC Chapter 20.02 — Development Project Permit Applications
Sharifi Tree Permit
File No. PLN20180022
Page 3 of 6
2) Through CRA20180039 & CRA20180044, steep slopes were identified on
and adjacent to the parcels in accordance with ECDC 23.80.020.
3) The subject trees are located in areas with slopes of approximately 35%.
4) According to ECDC 23.40.005, for the purposes of the critical areas code:
"Alteration" means any human -induced action which changes the
existing condition of a critical area or its buffer. Alterations include, but
are not limited to: grading; filling; dredging, draining, channelizing;
cutting, pruning, limbing or topping, clearing, relocating or removing
vegetation; applying herbicides or pesticides or any hazardous or toxic
substance; discharging pollutants, paving, construction, application of
gravel, modifying for surface water management purposes; or any other
human activity that changes the existing landforms, vegetation,
hydrology, wildlife or wildlife habitat value of critical areas.
5) Select vegetation such as invasive species or hazardous trees may be
altered or removed as an allowed activity without a permit pursuant to
ECDC 23.40.220.C.8.
6) As defined in ECDC 23.40.005, "normal maintenance of vegetation" means
"removal of shrubs/nonwoody vegetation and trees (less than four -inch
diameter at breast height) that occurs at least every other year.
Maintenance also may include tree topping that has been previously
approved by the city in the past five years." Normal maintenance of
vegetation is an activity exempt from the critical area regulations per ECDC
23.40.230.C.2.
b. Conclusions:
1) The proposed tree topping is not an allowed activity. The work is also not
normal maintenance of vegetation in this case since re -topping trees in a
critical area more than five years after a previous topping is an alteration
which requires a permit. The subject re -topping is more than five years
after the previous topping.
2) The review criteria of ECDC 23.40.160 are satisfied by the subject permit
and conditions as follows:
a) The proposal minimizes the impact on critical areas in accordance with
ECDC 23.40.120, Mitigation sequencing;
No disturbance to the slope is proposed. The identified alders will be
topped to the level identified in the view easement in Attachment 3. A
condition is added to document the extent of the trimming work.
b) The proposal does not pose an unreasonable threat to the public health,
safety, or welfare on or off the development proposal site;
Sharifi Tree Permit
File No. PLN20180022
Page 4 of 6
The re -topping of alder trees does not pose an unreasonable threat to
the public health, safety or welfare on or off the development proposal
sites. A condition is added that all downed wood be removed from the
site.
c) The proposal is consistent with the general purposes of this title and the
public interest;
The re -topping of the subject trees is consistent with the Purposes
identified in ECDC 23.40.000 where the goal is to balance preservation
and protection of critical areas while allowing for reasonable use of
private property. While tree topping is a poor maintenance practice
generally and is discouraged by the International Society of Arborists,
re -topping of previously topped trees is viewed as an acceptable
maintenance practice for the purposes of this code.
d) Any alterations permitted to the critical area are mitigated in
accordance with ECDC 23.40.110, Mitigation requirements,
Because the alders are not being removed, just re -topped, no
replacement tree or vegetation planting is required at this time.
e) The proposal protects the critical area functions and values consistent
with the best available science and results in no net loss of critical area
functions and values; and
The tree re -topping will not result in a net loss of critical area functions
and values. Should the trees need to be removed entirely at some
point in the future, replacement vegetation would be required.
f) The proposal is consistent with other applicable regulations and
standards.
The proposal is consistent with both the tree code of ECDC 18.45 and
the critical areas code of ECDC 23.40 and 23.80.
D. Technical Committee
The proposal has also been evaluated by the Engineering Division, who suggested
several conditions which have been added to this decision (Attachment 5).
III. DECISION
Based on Findings of Fact, Conclusions and Attachments in this report, a land clearing
permit for tree topping at 17111 & 17117 76th Avenue West Avenue is GRANTED, subject
to the following conditions:
1. To document that the extent of trimming is consistent with the view easement, a
series of three pre- and post -cutting photographs must be taken from the center of
the backyard at 7527 172 Street SW at the approximate backyard level described in
Sharifi Tree Permit
File No. PLN20180022
Page 5 of 6
Covenant C(2) of the view easement (Attachment 3) — one looking generally
southwest, one west, and one northwest. The six photographs must be submitted to
the City within one week of the date of the trimming work. Any trimming below the
level described in the easement is not allowed through this permit and will be subject
to the penalties and replanting requirements in Chapters 18.45 and 23.40 of the
Edmonds Community Development Code.
2. Tree trimmings must be fell onto private property. All cuttings must be removed from
the site.
3. The tree limbs and branches that are being trimmed as part of this permit may be re -
topped to their previously cut levels in the future as a maintenance activity without a
separate permit in accordance with ECDC 18.45 and 23.40.230.C.2.
4. Vehicles and equipment must be located on private property. Should it be necessary
to use any portion of the City right-of-way, including the street or sidewalk, to
perform any of this work then the contractor must apply for and obtain a right-of-way
construction permit in advance of starting work. A traffic control plan will be required
as part of the right-of-way permit application.
5. Contractor/owner/applicant is responsible for keeping all debris on site and
preventing any silt laden runoff from leaving the site and/or entering the city storm
system.
6. Contractor/owner/applicant shall repair/replace any damaged sections of
curb/gutter, sidewalk or other public improvements in City right-of-way per City
standards that is caused by or occurs during the permitted project.
7. Contractor/owner/applicant is responsible for locating all on -site utilities. The water
utility purveyor for this site is the City of Edmonds. Relocation/revision/repair to any
utilities may require separate permit.
IV. APPEAL
A party of record may submit a written appeal of a Type II decision within 14 days of the
date of issuance of the decision. The appeal will be heard at an open record public
hearing before the Hearing Examiner according to the requirements of ECDC Chapter
20.06 and Section 20.07.004.
V. LAPSE OF APPROVAL
Section 18.45.045.C. states "Any permit granted under the provisions of this section shall
expire one year from the date of issuance. No work may commence on the permit until
the appeal time limit has expired. Upon receipt of a written request, a permit may be
extended for six months."
Sharifi Tree Permit
File No. PLN20180022
Page 6 of 6
VI. ATTACHMENTS
1. Land use application
2. Site map and photos of trees
3. View easement
4. Letter of complete application and public notice materials
5. Departmental comments
VII. PARTIES OF RECORD
Haydeh Sharifi City of Edmonds
PO Box 4206
Bellevue, WA 98009
VII. INTERESTED PARTIES
Rob Nicholson
robn@johnlscott.com
City of Edmonds
Land Use Application
❑ ARCHITECTURAL DESIGN REVIEW
❑ COMPREHENSIVE PLAN AMENDMENT
❑ CONDITIONAL USE PERMIT FILE # ZONE - �Z
❑ HOME OCCUPATION DATE 9 REC'D BY V0 1i
❑ FORMAL SUBDIVISION
❑ SHORT SUBDIVISION I' I'- - RECEIPT #
❑ LOT LINE ADJUSTMENT HEARING DATE
❑ PLANNED RESIDENTIAL DEVELOPMENT
❑ OFFICIAL STREET MAP AMENDMENT [I HE ElSTAPF ❑ PB [IADB ❑ CC
❑ STREET VACATION
❑ REZONE
❑ SHORELINE PERMIT
❑ VARIANCE / REASONABLE USE EXCEPTI(��y
W OTHER: TC`Q o I n M o EA
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• PLEASE NOTE THAT ALL LVFORM1 Af TTION1 CONTAINED ;VI THIN THE tA�PP� LICA� jTION IS A PUBLIC
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PROJECT NAME (IF APPLICABLE) 1�
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The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to
release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's
fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information
furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that I am authorized to file this applicc o�n the behalf of the owner as listed below.
SIGNATURE OF APPLICANT/AGENT`"1 Y'7 + �ho k U DATE
At
Property Owner's Authorization
PL
I , certify under the penalty of perjury under the laws of
Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to i
subject land use application, and grant my permission for the public officials and the staff of the City of Edmond
subject property for the purposes of inspection and posting attendant to this applicatio .
SIGNATURE OF OWNER DATE 3d 2 o Jg
Questions? Call (425) 771-0220.
f.
achment 1
N20180022
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RECEIVED
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DEVELOPCMOENT R ENT SERVIC 1
Return to:
JAMES R. HAWES
3102 ROCKEFELLER AVE
Everett WA 98201
2ffl� 12 0 97 g { 9 PGS
S IOHOM H COO JT�, WASHISGTOfJ
DECLARATION OF COVENANTS
201001220397.001
THIS DECLARATION is made on the date below signed, by John and Patricia
Fawcett, husband and wife, and Medina Overtake 1, LLC, a Washington Limited Liability
Company, the owners of the below described Parcels 42, #3 and 44. Declarants agree and
covenant that all land and improvements now existing or hereafter constructed thereon will be
held, sold, conveyed subject to, and burdened by the following covenants, conditions,
restrictions, reservations, limitations, liens and easements, all of which are for the purpose of
enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of
all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All
provisions of this Declaration shall be binding upon all parties having or acquiring any right, title
or interest in such lands or any portion thereof, and shall inure to the benefit of each owner
thereof, and shall otherwise in al respects be regarded as covenants running with the land.
A. PARTIES 1 PROPERTIES: l7 j Tp�2Z itilectd�wc(a �� ��G�G�1
PARCEL #2: John and Patricia Fawcett, husband and wife, are the owners of that
property described in the attached Exhibit "A", which Exhibit "A" is hereby incorporated herein
by this reference, and which property described therein is hereinafter referred to as PARCEL #2.
Property Tax ID No. 00513100012220
PARCEL #3. John and Patricia Fawcett, husband and wife, are the owners of that
property described as parcel #3 in the attached Exhibit "A".
Property Tax ID No.00513100012221
PARCEL #4: Medina Overlake 1, LLC, is the owner of that property described as
Parcel 44 in the attached Exhibit "A".
Property Tax ID No.00513100012222.
B. PURPOSE: The purpose of this Agreement is to regulate the height of buildings, trees
and other vegetation on Parcels #2 and #3 to avoid interference with the Puget sound View
DECLARATION OF COVENANTS
Page 1 of 6
Attachment 3
PLN20180022
201001220397.002
corridor view from Parcels #3 and #4, and establish covenants for the mutual benefit of all of the
parcels described herein for the mutual enhancement and privacy of all of the effected parcels
and parties hereto, and regulate construction which is detrimental to the aesthetics of the
neighborhood, in the opinion of the neighboring property owners.
C. COVENJ&TS: Therefore, each of the parties, on behalf of themselves, and their heirs,
successors and assigns, for consideration of the mutual benefits to be derived herefrom, and the
releases and agreements herein contained, which consideration the parties hereby acknowledge
as full and adequate, do hereby declare, establish, agree and consent to be bound by the terms,
covenants and conditions of this Agreement, which are specifically intended to run with the
properties owned as set forth above, their successors and/or assigns.
1. Any building, dwelling, structure, chimneys, or fence, of any kind, or vegetation,
constructed, erected or maintained upon the herein above described Parcels 2 or 3, or
upon any portion or portions thereof, shall be constructed or erected in strict
conformance with the provisions of the City of Edmonds Community Development
Code.
2. Furthermore and in addition thereto, no building, dwelling, or structure appurtenant
thereto, chimneys, or fence shall be constructed or erected upon said Parcel 2 or 3 that
extends above a horizontal plane having an elevation of 182 feet. Elevation of 182 feet
is the approximate height of the lawn area of the backyard of Parcel #4 on this date:
12/1/09. This elevation is based on a Topographic Survey drawing prepared by Mathew
T. Walters P.L.S. No. 35154 of Walters and Associates, LLC, P.O. Box 59805, Renton,
WA 98058 for Anthony Dadvar, attached hereto as Exhibit 2. This is a one page
drawing, Job No. 02-014, stamped by Mathew T. Walters on 4-23-03. The Topographic
Survey under the Datum and Elevation heading shows an "Assumed Elevation" of
200.00 feet on a lead and tack at the intersection of the west line of the access easement
on Lot 4 (Parcel #4) with the northerly right-of-way line of 172"d St. S.W.
3. No external antennas for the reception or transmission of television or radio signals
whether said antennas be attached, freestanding, or otherwise, shall be installed, erected
or placed upon the hereinabove described Parcel #2 or #3 or upon any portion of portions
thereof. Provided, however that a small satellite dish is allowed provided that the same
does not exceed thirty-six (36') inches in diameter.
4. No trees or vegetation within Parcels #2, and/or #3, may be permitted to grow or extend
above the uppermost roof ridgeline of any house hereafter built on the Parcel upon which
the vegetation is located. Further, no vegetation will be maintained or allowed to exceed
fifteen (15) feet in height within the Northern twenty (20) feet of Parcel #2. Provided,
however, that vegetation or trees within the northern 20 feet of the vacated street
DECLARATION OF COVENANTS
Page 2 of 6
201001220397.003
formerly known as 172"d Street S.W., which vacated street forms the southerly boundary
of each respective Parcel, are not subject to these restrictive covenants.
5. Roofing material for any structure on Parcels #2 & #3 shall be cedar shake, concrete tile,
metal roofing, or other such roofing materials comparable in style and quality. Flat roofs
of any kind are prohibited.
6. All structures to be constructed on the subject parcels shall be completed within Twelve
(12) months of the commencement of construction.
7. Landscaping shall be completed professionally and harmonious with the other properties
subject to this agreement, no later than 120 days from the completion of their residence
on the property.
8. No recreational vehicles, boats, or large utility vehicles will be parked outdoors on or
about the property.
9. No vehicle repair will be engaged in the street or driveway.
10. Each residence shall have sufficient off street parking to accommodate all vehicles
owned by the property owners. No vehicles owned by a resident or guests shall be
parked upon the street for a period longer than 48 hours.
D. ENFORCEMENT: Definitions: Parcel # 4 is situated uphill to both Parcells #2 and 43;
Parcel #3 is situated uphill to Parcel #2.
1. Not less than 20 working days prior to submitting an application for a building permit or
plan revisions for a building permit, the Owner or Purchaser of either Parcel #2 or #3
shall deliver to the Uphill Parcel Owner(s), with proof of delivery, their proposed site
plans, or any modified site plans, showing all elevations and heights of all structures to
be built, and specifications for roof material and roof structures, chimneys, etc., or any
other structures or objects on the roof.
a. The Uphill Parcel Owner shall timely make a determination whether or not the
proposed structures would be in violation of the restrictions of these Covenants.
b. The Uphill Parcel Owner shall inform the Buyer, in writing, within 20 working
days of the receipt of the Plans or modified plans, of the acceptance of the plans
or modified plans, or request that the plans be amended to conform to the
Covenants, specifying the nature of any alleged non-compliance.
c. After 20 working days from the date the plans are delivered to the Uphill Parcel
Owner, if no written objection is delivered by the Uphill Parcel Owner to the
Owner or Purchaser of Parcel 42 or #3, as the case may be, then it shall be
conclusively determined that the plans are approved. No modifications shall be
DECLARATION OF CO\TENANTS
Page 3 of 6
201001220397.004
made to the plans without written approval to such plans by the Uphill Parcel
Owner, whose approval shall not be unreasonably withheld.
d. Should the parties be unable to reach agreement, any and all disputes shall be
settled by referral of the matter to JAMS for arbitration. The non -prevailing
party shall pay to the prevailing party in the arbitration proceeding the costs of
the arbitration and reasonable attorney fees and costs, and the plans shall be
modified in accordance with the decision of the Arbitrator, whose decision will
be final and binding upon the parties.
2. Any owner of Parcel #2, #3 or #4, shall be entitle to prosecute any proceeding at law or
in equity against the person violating or attempting to violate any of the covenants herein
contained to prevent him or them from so doing, or to recover damages, to enjoin a
violation, and/or to remove the breaching activity or structure. Any Injunction may be
brought without the need to post bond in excess of $10,000.00.
In the event of suit to enforce this agreement the parties hereto agree that a suit may be
brought in Snohomish County Superior Court, State of Washington, and waive any
objection as to venue. In any such action, the non -prevailing party shall pay the
reasonable attorney fees and actual costs of the prevailing party as determined by the
Court.
4. Prior to suit being brought, written notice of the claim of breach shall first be provided to
the breaching party not less than 30 days before maintaining any action to enforce these
covenants and the party receiving such notice shall have 30 days to cure any alleged
breach or if such breach is not capable of cure within 30 days, then the breaching party
shall promptly take corrective actions and diligently pursue such actions through
completion.
5. After 30 days notice of the breach, a lien may be filed against the title of the property
owned by the breaching party, for the estimated cost of attorney fees and legal costs, and
the estimated costs for cutting or removal of the breaching structure or vegetation, and/or
to prevent the breaching activity. Such lien may be foreclosed against the property as
any lien allowed by law. In addition to the relief provided herein, a claim may be brought
for the removal of the view obstructing object(s) and the vegetation exceeding the height
limitation.
6. The parties hereto agree that damages for violation of the covenants contained herein are
likely to be difficult or impossible to prove. Accordingly, a party initiating an action to
enforce the covenants shall be entitled to judgment against the breaching party for their
actual damages, or the sum of $10,000.00 as liquidated damages for the breach,
whichever is the higher, plus the actual cost of cutting or trimming vegetation, or
DECLARATION OF COVENANTS
Page 4 of 6
201001220397.006
removal of height violation objects, attorney fees and costs. This remedy shall not be an
election of remedies, and shall be in addition to any remedies provided by law or equity.
7. Upon determination by a court that the obstruction of a view or allowing vegetation to
exceed the height limitation has occurred, the non -prevailing party shall have thirty (30)
days from the date of entry of the order or judgment to remove the breaching obstruction
or vegetation. Upon compliance with the requirement to remove the breaching
condition, the non -prevailing party shall be entitled to a credit against the judgment in an
amount equal to the estimated cost of removal of the breaching obstruction or vegetation
that was included in the judgment. A second or subsequent violation of this covenant by
a property owner will allow the party initiating an action to enforce the covenants to be
entitled to collect actual damages, or the sum of $10,000.00 as liquidated damages for
the breach, whichever is the higher, plus the actual cost of cutting or trimming
vegetation, or removal of height violation objects, attorney fees and costs.
8. Upon failure to timely remedy the breaching conditions, the prevailing party shall be
entitled to retain the services of a professional to go upon the property to remedy the
breaching conditions, in accordance with the judgment of the court, and the actual cost
therefore shall be included in the judgment.
9. Invalidation of any provision herein contained by judgment or court order shall in no
way effect the remaining provisions of this Declaration, which shall remain in full force
and effect.
10. This Declaration shall run with and bind the property herein described in perpetuity. The
express terns and conditions of this Declaration may only be amended in writing by
agreement of all of the owners of Parcels 2, 3, and 4.
IN WITNESS WHEREOF this instrument has been executed the day and year set forth
C. FAWCETT PATRICIA A. FAWCETT
Me in Overlake 1, LLC
V. See attached signature page
HAYDEH SHARIFI, Managing Member
DECLARATION OF COVENANTS
Page 5 of 6
201001220397.006
STATE OF WASHINGTON )
SS.
County of Snohomish )
I certify that I know or have satisfactory evidence that JOHN C. FAWCEJT and
PATRICIA A. FAWCETT signed this instrument and acknowledged it to be his/her/their free
and voluntary act for the uses and purposes mentioned in the instrument.
Subscribed before me this date:
Name: (printed)
'% ; . •, :` Title: Notary Public
My commission expires: log /off Z l
rvAS
STATE OF WASHINGTON )
} ss.
County of Snohomish
On this _ day of 2009, personally appeared HAYDEH SHARIH, to me known to
be the individual described in and who executed the within and foregoing instrument, and on oath stated
that she was authorized to execute the instrument and acknowledged it as the Managing Member of the
Medina Overlake 1, LLC, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Given under my hand and official seal the day and year last above written,
Name: (printed)
Title: Notary Public
My commission expires:
DECLARATION OF COVENANTS
Page 6 of 6
201001220397.007
This signature page is a part of and attached to a Declaration of Covenants.
Medina Overlake 1, LLC
By.
Anthony Dadvft, Managing Member
Medina Overlake 1, LLC
_
Ev
:
H YDA EH SHARIF[, Managing Member
STATE OF WASH1NGTON
ss.
County of Snohomish )
On this /Z y of ue 2009, personally appeared Anthony Dadvar and Haydeh
Sbarifi, to me known to be the individual described in and who executed the within and foregoing
instrument, and on oath stated that they are authorized to execute the instrument and acknowledged it as
the Managing Members of the Medina Overlake 1, LLC, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal the day and year last above written.
Name: (printed)
Title: Notary Public
My commission expires: zo//
DECLARATION OF COVENANTS
Supplemental Signature Page
201001220397.008
PA CEL 2
Thatpertlon of Tract 122, Mead:iwdale beach, according to the p!a(.thereof recorded In
Volume S of Plats, pug: 36, records of Snohomish county, Washinolun, described as
fo1l0+,v3r 9ecinr,;ng at the southwest c.ornor of said Tract 122; thence N 0°20'00" E,
along the west fine of said ;ram 122, a distance of 138.94 feet thence S B80 10'31" E.
parallel tivlth the sau;h Jima of srld Tract 122, a distance of 97.00 feet to the True Paint
of Beginning; lhBnce ccnrinuing S a8t'10'31" E. a distance of 42.61 feet; thence
5 36°0::'49" E,.o distance of 172.42 te:; tc a point on the south line of said Tract 122,
which is 247,37 feel east of the Soulhtivest corner of saic Tract 122: thence
f 85o,0.31• W, a dislance of 150,37 feat to a point 37.00 feet east of the southwest
corner of said Tract 122; thence N D"20'00" 5, parallti with the west line o f said Tract
172, a disla�Ct of 138.941ent, to the True Point of Eegln6n9-
SUBJECT T DF,ND TOGETHER 1N;TH th? terms anu conditions of that cerla'n "Notice of
EasementandMzinter.anceAgreernent', recurdedunder Auditor's FIIatVD=' _4644E�006•
records of Snohomish County, Washington.
ELI CEL
Thatporticn of 'Pratt 122, Maadowdale Seach, according to the plat thereof teczrdad in
Volume 5 of Flats, page 38, records of Snohomish County, Washington, described Es
follows: 6egiming at the southwest corner of sald Tract 12Z; thence N 0'20'00" kl
along the west Tina of said Tract 122, a distance of 12E,94 feet thence S as* 10'31" E,
par11le1 vrith the south line of said Tract 122, a distance of 146,01 fret to the True Point
of BnBinning; thence continuing S 88010'31` E, a distance of 157,53 feet; thence
S 1 e08'51" fir, a dlstance of 138.90 feet to a polrlt on the south line of sold Tract 122,
which is 302.37 l.oet Est of the southwest corner of said Tract 122: thenca
N 88° 10'31" W, adfstance of 55.00 feet to a point 247.37 feat east of Cho southwest
corner o.' Said Tract 722; thence (� 35°r2'45" W, a distance of 173.62 feet to the True
Point of Eeglnrlmo-
TOGETHER WIT'r4 AND SUBJECT TO the terms and conditions of that certain "Not;ce of
Easement andMaintenance Agreemer,t", recorded LinderAuditor'n Ffle. No, S306140006,
records of Snohomish Count, Washington.
PARCEL 4
That portion of Tract 122, Me-adowdole-Baach, accolding 10 the plat tflereof recorded in
Volume S of plats,psge 38, retards Df Snohomish County, Washinglan, described as
follotYst beginning et the sauthvm5t comer or said Tract 122; thange
along the west line of said Tract 122 a distance of 138.94. fact; thence 5 88°10-' 1" E.
parallel with the south tine al'said Tract 122, a distance al 3z4.40 fret to the True Pcint
of Sagfnning; thence continuing s SSv10'31,, S, a dstance of 155.36 fapt; thence
S 2626120" E, a distance of 13.9,25 feet to the south Elfin of raid Tract 122; tbanc=
eet east aftho
outhwest corner of said 7 act 122; thence N 1 os512 E, a dNtanc3f of138490 feetta
the True Point of beginning. C"Au18ff
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CITY OF EDMONDS
121 5tn Avenue North, Edmonds WA 98020
Phone: 425.771.0220 o Fax: 425.771.0221 a Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
April 11, 2018
Rob Nicholson
robn@johnlscott.com
Subject: COMPLETE APPLICATION —TREE TRIMMING PERMIT AT 17111 & 17117 76T" AVE. W
(PLN20180022)
Dear Rob,
Thank you for submitting the required documentation and application fees for the above -
referenced permit; the application is complete according to ECDC 20.02.003. The City will
proceed with the public notice requirements identified in ECDC 20.03 which will include posting
a small blue sign at the site, likely in the cul-de-sac off of 761n
If you have any questions, please contact me at (425) 771-0220.
Sincerely,
�l
Mike Clugston, AICP
Associate Planner
Cc: Haydeh Sharifi
haydehsharifil@gmail.com
Attachment 4
PLN20180022
CITY OF EDMONDS
NOTICE OF APPLICATION AND
REQUEST FOR PUBLIC COMMENT
NAME OF APPLICANT:
Haydeh Sharifi (Rob Nicholson, rep.)
DATE OF APPLICATION:
March 14, 2018
DATE OF COMPLETENESS:
April 11, 2018
DATE OF NOTICE:
April 25, 2018
FILE NO.:
PLN20180022
PROJECT LOCATION:
17111 & 17117 761" Ave. W, Edmonds, WA
PROJECT DESCRIPTION:
The Applicant is proposing to maintain alder trees at the
referenced lot pursuant to a private view easement.
Since the trees are located within a critical area and were
last maintained more than five years ago, a permit is
required for the proposed alteration. Because the trees
are not being removed, replanting is not required.
REQUESTED PERMITS:
Administrative conditional use permit (Type II decision by
staff)
OTHER REQUIRED PERMITS:
N/A
REQUIRED STUDIES:
None
EXISTING ENVIRONMENTAL
Critical area determination
DOCUMENTS:
COMMENTS DUE:
May 9, 2018
Any person has the right to comment on this application
during public comment period, receive notice and
participate in any hearings, and request a copy of the
decision on the application. The City may accept public
comments at any time prior to the closing of the record of
an open record predecision hearing, if any, or, if no open
record predecision hearing is provided, prior to the
decision on the project permit. Only parties of record as
defined in ECDC 20.07.003 have standing to initiate an
administrative appeal. Information on this development
application can be viewed or obtained at the City of
Edmonds Development Services Department, 121 5t" Ave
North, Edmonds, WA 98020 between the hours of 8:00
A.M. and 4:30 P.M. Monday through Friday (8:30 - 12:00
only on Wednesdays) or online through the City's website
at https://permits.edmonds.wa.us/citizen. Search for
permit PLN20180022.
CITY CONTACT: Mike Clugston, Associate Planner
michael.clugston@edmondswa.gov
425-771-0220
PUBLISH: April 25, 2018
ADJACENT PROPERTY OWNERS LIST
Attach this notarized declaration to the adjacent property owners list.
On my oath, I certify that the names and addresses provided represent all properties
located within 300 feet of the subject property.
'J�Css IV
Signature of Applicant or Applicant's Representative
Subscribed and sworn to before me this 2- day of
MOftk Zdr<�
Notary Publidin and for the State of Washington
Residing at �-e..t4yue WA Kr>� �JYJ
f
CHASE PENNINGTON
Notary Public
State of Washington
My Appointment Expires
Oct 13, 2021
1?1�Qel ,
AR I : tzo
?pjg
Revised on 9130111 P2 - Adjacent Property Owners List Page 2 of 2
09 L9/091 " E3and sane alglI2dw®a ww L9 x ww 9Z aewao; ap OW-�!�
0, ..,E0915® AianV gIlm elgIIBdw®a „9/9 Z x „a azls lagq
00513100012203 00513100012206 00513100012208
Wackerbarth Brian Thompson Mitsuru Kurosaka
7521 172nd St SW 17016 74th Ave W 7529 172nd St SW
Edmonds, WA 98026 Edmonds, WA 98026 Edmonds, WA 98020
00513100012209 00513100012210 00513100012215
Greg Hinkel Stephen Lee Schmidt Debora Edmonds
7517 172nd St SW 17110 74th Avenue W Residential Trust
Edmonds, WA 98026 Edmonds, WA 98026 17020 74th Ave W
Edmonds, WA 98026
00513100012216 00513100012217 00513100012218
James Ward Michael Chislett Kyung Park
17107 76th Ave W 17103 76th Ave W 17105 76th Ave W
Edmonds, WA 98026 Edmonds, WA 98026 Edmonds, WA 98026
00513100012219 00513100012220 00513100012222
Peter Wilson Dr Sharifi Bfcht Family Revocable Living Trust
17121 67th Ave W PO Box 4206 805 13th St
Edmonds, WA 98026 Bellevue, WA 98009 Snohomish, WA 98290
00513100012223 00513100012224 00513100012225
Jeffrey Flowers Gregory Strand Gregory S and
17039 76th Ave W 17035 76th Ave W 1703 th Ave W
Edmonds, WA 98026 Edmonds, WA 98026 EdKonds, WA 98026
00513500000100 00513500000200 00513500000300
First Union Mtg Corp Beth Taylor Edmund Tonkin
10 South Jefferson St 17217 76th Ave W 17231 76th Ave W
Roanoke, VA 24011 Edmonds, WA 98026 Edmonds, WA 98026
00513500000600 00513500000700 00513500000800
Frank Costa Richard Kirschner Harano Legacy Trust
7507 Braemar Dr 7503 Braemar Drive 7501 Braemar Dr
Edmonds, WA 98026 Edmonds, WA 98020 Edmonds, WA 98026
00513500000900 00513500001000 00513500001100
Philip Lovel Mirel Sinclair Robert Burton
19225 93rd PI W 1207 Vernon Rd 7405 172nd St SW
Edmonds, WA 98020 Lake Stevens, WA 98258 Edmonds, WA 98026
00513500001600 00513500001700 27040700100100
Krassner Maria Lefty Shawn Kahaialii Diane Huckabee
7404 Braemar Dr 7510 Braemar Dr 17114 76th Ave W
Edmonds, WA 98026 Edmonds, WA 98026 Edmonds, WA 98026
27040700100200 27040700100500 27040700100600
Jesse Giordano John Hendrix Danielle Thompson
7614 171 st St SW 17130 76th Ave W 17126 76th Ave W
Edmonds, WA 98026 Edmonds, WA 98020 Edmonds, WA 98026
9ZO96 bM `spuouap3
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0001,0b00LOVOLZ
® label size 1" x 2 5/8" compatible with Avery ®5160r ,1
& ,-dtte de format 25 mm x 67 mm compatible avec Avery-_.,60/8160
File No.: PLN20180022
Applicant: Sharifi
DECLARATION OF POSTING
On the 25th day of April, 2018, the attached Notice of Application and
Comment Period was posted as prescribed by Ordinance and in any event
where applicable on or near the subject property.
I, Michael D. Clugston, hereby declare under penalty of perjury under the laws
of the State of Washington that the foregoing is true and correct this 25th day of
April, 2018, at Edmonds, Washington.
Signed:
FILE NO.: PLN20180022
APPLICANT: Sharifi
DECLARATION OF MAILING
NOTICE OF APPLICATION
On the 25 day of April, 2018, the attached Notice of Application was mailed
by the City to property owners within 300 feet of the property that is the
subject of the above -referenced application.
I. Denise Nelson, hereby declare under penalty of perjury under the laws of
the State of Washington that the foregoing is true and correct this 25 day of
April, 2018 at Edmonds, Washington.
'2
Signed: "Zlul-64m-
{BFP747887.DOC;1\00006.900000\ }
-r
MEMORANDUM
Date: April 6, 2018
To: Mike Clugston, Associate Planner
From: Jennifer Lambert, Engineering Technician
Subject: PLN20180022 — Tree Trimming
Medina — Overlake 2 LLC, 17111 76" Ave W
Engineering has reviewed the subject application and found the information provided is
consistent with Title 18 Edmonds Community Development Code & Engineering standards.
It is requested that the following be included as a condition of project approval.
1) Trees shall be fell onto private property.
2) Vehicles and equipment shall be located on private property. Should it be necessary to
utilize any portion of the City right-of-way, including the street or sidewalk, to
perform any of this work then the contractor shall apply for and obtain a right-of-way
construction permit in advance of starting work. A traffic control plan will be required
as part of the right-of-way permit application.
3) Contractor/owner is responsible for keeping all debris on site and preventing any silt
laden runoff from leaving the site and/or entering the city storm system.
4) Contractor/owner shall repair/replace any damaged sections of curb/gutter, sidewalk
or other public improvements in City right-of-way per City standards that is caused by
or occurs during the permitted project.
5) Contractor/owner is responsible for locating all on -site utilities and any utilities on
neighboring properties that could be impacted by the tree removal.
Relocation/revision/repair to any utilities may require separate permit.
Thank you.
Attachment 5
PLN20180022
City of Edmonds