RE About the tent erected at 7330 - 172nd St. SW. (2).msg
IPM.Note
RE: About the tent erected at 7330 - 172nd St. SW.
RE:
Wayland, Christina
Szafran, Michele
Wayland, Christina
EX
/O=CITY OF EDMONDS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=SZAFRAN, MICHELE0F0
About the tent erected at 7330 - 172nd St. SW.
EX
/O=CITY OF EDMONDS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=WAYLAND, CHRISTINA7F0
EX
/O=CITY OF EDMONDS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=WAYLAND, CHRISTINA7F0
X-Vipre-Scanned: 04AE83D30112C004AE8520
Received: from EDMSVR-EXCH02.edmonds.local ([::1]) by
EDMSVR-EXCH02.edmonds.local ([::1]) with mapi id 14.03.0415.000; Wed, 17 Oct
2018 13:39:17 -0700
Content-Type: application/ms-tnef; name="winmail.dat"
Content-Transfer-Encoding: binary
From: "Szafran, Michele" <Michele.Szafran@edmondswa.gov>
To: 'eugene bolin' <eugenebolin@gmail.com>
CC: "Bjorback, Leif" <Leif.Bjorback@edmondswa.gov>, "Wayland, Christina"
<Christina.Wayland@edmondswa.gov>
Subject: RE: About the tent erected at 7330 - 172nd St. SW.
Thread-Topic: About the tent erected at 7330 - 172nd St. SW.
Thread-Index: AQHUZYBPfwrnbAUi90iuolzh/B8ZgaUj5SDA
Date: Wed, 17 Oct 2018 13:39:16 -0700
Message-ID: <6C153A899C160A40B2C6089AC9433562CDF8A0@EDMSVR-EXCH02.edmonds.local>
References: <CAK1iobiUHgd2FwAdWj68aEQpjE=paRwh4XFaToDdLm4Ct8LOGw@mail.gmail.com>
In-Reply-To: <CAK1iobiUHgd2FwAdWj68aEQpjE=paRwh4XFaToDdLm4Ct8LOGw@mail.gmail.com>
Accept-Language: en-US
Content-Language: en-US
X-MS-Has-Attach: yes
X-MS-Exchange-Organization-SCL: -1
X-MS-TNEF-Correlator: <6C153A899C160A40B2C6089AC9433562CDF8A0@EDMSVR-EXCH02.edmonds.local>
MIME-Version: 1.0
X-MS-Exchange-Organization-AuthSource: EDMSVR-EXCH02.edmonds.local
X-MS-Exchange-Organization-AuthAs: Internal
X-MS-Exchange-Organization-AuthMechanism: 04
X-Originating-IP: [10.10.5.137]
Szafran, Michele
EX
/O=CITY OF EDMONDS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=SZAFRAN, MICHELE0F0
Bjorback, Leif; Wayland, Christina
'eugene bolin'
About the tent erected at 7330 - 172nd St. SW.
Mr. Bolin,
The tent is a temporary structure which is defined by ECDC 21.100.020 <https://www.codepublishing.com/WA/Edmonds/html/Edmonds21/Edmonds21100.html#21.100.020> as “Temporary building
or structure means a building or structure not having or requiring permanent attachment to the ground or involving structures which have no required permanent attachment to the ground.”
Tent is further defined by ECDC 17.70.035 <https://www.codepublishing.com/WA/Edmonds/html/Edmonds17/Edmonds1770.html#17.70.035> .A.3 “Tent” means a structure, enclosure or shelter constructed
of fabric or other pliable material supported by any manner except by air or the contents that it protects.
Tents are regulated by ECDC 17.70.035 <https://www.codepublishing.com/WA/Edmonds/html/Edmonds17/Edmonds1770.html#17.70.035> .C which states:
C. Tents, tarps and canopy structures which use plastic sheeting, canvas, or other similar pliable materials to cover storage areas, and/or to be used as carports are regulated in residential
zones:
1. Tents or canopies with a floor area measured to the exterior wall or post exceeding 200 square feet are prohibited, except for those used for limited time period for a special event
such as a party or wedding not to exceed 24 hours.
2. Tents and canopies shall comply with setback and height requirements for accessory structures for the zone. Lot coverage requirements also apply.
If a tent or canopy is located within six feet of another tent(s) or canopy(ies) or attached in any way, they shall be considered as one tent or canopy and shall be subject to the provisions
of subsections (A) and (B) of this section for combined floor area and location.
The tent is not compliant with ECDC 17.70.035.C.2 as it was placed within the required zoning setbacks and therefore must be removed.
The geotechnical report should address all unpermitted activity within 50 feet of the steep slope areas on the site. If the tent was placed on existing impervious surface, then the
geotechnical report will not need to address the demolition of the tent. If new impervious surface (including pavers) was installed prior to installation of the tent, then the geotechnical
report needs to address that activity as it would be considered an alteration of a critical area or critical area buffer (see definition of “Alteration” in ECDC 23.40.005 <https://www.codepublishing
.com/WA/Edmonds/html/Edmonds23/Edmonds2340.html#23.40.005> ). Note that if new pavers or patio were placed within the setbacks, portions of that may need to be removed in order to comply
with ECDC 16.20.040 <https://www.codepublishing.com/WA/Edmonds/html/Edmonds16/Edmonds1620.html#16.20.040> .C which allows uncovered and unenclosed porches, patios and decks to project
into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no more than 30 inches above ground level at any point.
Please verify if new pavers or patio was placed prior to installation of the tent.
Given the amount of unpermitted activity on the site, it was suggested to include removal of the tent within the general demolition permit to remove other items that may not be consistent
with the Edmonds Community Development Code.
Michele Q. Szafran / Planner
City of Edmonds
121 5th Ave. N.
Edmonds, WA 98020
425-771-0220, x 1778
michele.szafran@edmondswa.gov
General permit assistance, online permits, and Web GIS: http://www.edmondswa.gov/handouts.html
Permit Center Hours:
M, T, Th, F 8:00 AM – 4:30 PM
Wednesday 8:30 AM – 12:00 PM
From: eugene bolin <eugenebolin@gmail.com>
Sent: Tuesday, October 16, 2018 11:44 AM
To: Bjorback, Leif <Leif.Bjorback@edmondswa.gov>; Szafran, Michele <Michele.Szafran@edmondswa.gov>; Wayland, Christina <Christina.Wayland@edmondswa.gov>
Subject: About the tent erected at 7330 - 172nd St. SW.
Dear Leif, Michele and Christina:
I am writing about the informal guidance I have received from you, regarding a Costco 10' x 20' tent (about $200 in cost) which we set-up behind our garage a year ago. We erected the
tent as a temporary water-proof cover for lawn furniture, bicycles and motorcycles, particularly during the winter months. The tent took about 20 minutes to erect and will require
about 10 minutes to take down. Once the tent is removed, there will be no indication that it was ever there.
Here is the picture of the tent, which I shared with you at the permit counter two weeks ago:
When the city discovered our tent with a Google satellite shot of our property, were were told that it was an unpermitted "structure" that should have been permitted before it was set-up;
and that it would require a demolition permit to remove. We were also told that since the tent is in a set-back area of our southern property line, and since our property is generally
sloped, that we must have a geotechnical engineer assess the consequences of soil movement resulting from taking down the tent.
I have reviewed the Edmonds Community Development Code (ECDC) and the definition of a “structure” and I must respectfully disagree that tents are covered by the Code. The tent is temporary
and I believe that the requirements you have suggested are not applicable to tents. Section 21.90.150 of the Code defines a "structure" as follows:
Structure means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential
fences less than six feet in height, retaining walls, rockeries, and similar improvements of a minor character less than three feet in height.
I referred to the following Merriam-Webster online definition of a "tent" to interpret this Code section:
https://www.merriam-webster.com/dictionary/tent?utm_campaign=sd&utm_medium=serp&utm_source=jsonld
It defines "tent" as a noun with the following primary definition:
a collapsible shelter of fabric (such as nylon or canvas) stretched and sustained by poles and used for camping outdoors or as a temporary building
Our tent conforms to this definition.
Appellate courts have decided cases too numerous to cite, which would also take a tent out of the definition of "structure" as that term is used in the Code. For example, the Washington
Supreme Court held in 2005, in State v. Jacobs, that:
In construing a statute, the court's objective is to determine the legislature's intent. [Citation omitted]. "[I]f the statute's meaning is plain on its face, then the court must give
effect to that plain meaning as an expression of legislative intent."
[Citation omitted]. The "plain meaning" of a statutory provision is to be discerned from the ordinary meaning of the language at issue, as well as from the context of the statute in
which that provision is found, related provisions, and the statutory scheme as a whole. [Citations omitted].
154 Wn.2d 596, 115 P.3d 281. (Emphasis added).
The same principles of statutory construction are applied in interpreting regulations and other rules of all kinds, including the EDCC. And based on all of the foregoing, I have no doubt
how a court would interpret the meaning of EDCC 21.90.150, as it relates to permitting requirements.
I also have to say that the geotechnical engineer I have retained for this and other permitting issues on our property, was literally stunned that his analysis might be required to analyze
the effects of removing our tent. He has never been asked to analyze the geotechnical effect of a tent removal in his 30+ year career.
I therefore respectfully request that the City reconsider its position regarding the tent on our property and the extent to which any permitting is required to remove the tent.
Thank you for your re-consideration of this issue and I look forward to hearing from you soon.
Gene Bolin
Law Offices of Eugene N. Bolin, Jr.
A Professional Services Corporation
Attorney at Law, WSBA #11450
eugenebolin@gmail.com
Waterfront Park Building, Suite 308
144 Railroad Avenue
Edmonds, WA 98020
Edmonds: 425-582-8165
Seattle: 206-527-2700
Toll free: 1-888-527-2710
Fax 888-527-2710
<6C153A899C160A40B2C6089AC9433562CDF8A0@EDMSVR-EXCH02.edmonds.local>
<CAK1iobiUHgd2FwAdWj68aEQpjE=paRwh4XFaToDdLm4Ct8LOGw@mail.gmail.com>
<CAK1iobiUHgd2FwAdWj68aEQpjE=paRwh4XFaToDdLm4Ct8LOGw@mail.gmail.com>
Wayland, Christina
Wayland, Christina
EX
/o=City of Edmonds/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=Szafran, Michele0f0
Michele.Szafran@edmondswa.gov
Michele.Szafran@edmondswa.gov
Michele.Szafran@edmondswa.gov
en-US
EDMSVR-EXCH02.edmonds.local
Internal
04
BT=2;II=0101D465804F7F0AE76C0522F748AEA25CE1FC1F1981A523E520C0;SBMID=10;S1=<CAK1iobiUHgd2FwAdWj68aEQpjE=paRwh4XFaToDdLm4Ct8LOGw@mail.gmail.com>;FIXUP=13.4976;Version=Version 14.3 (Build
408.0), Stage=H2
IPM.Note
04AE83D30112C004AE8520
Christina.Wayland@edmondswa.gov
00000003/o=City of Edmonds/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=Wayland, Christina7f0
'eugene bolin'
SMTP
eugenebolin@gmail.com
eugenebolin@gmail.com
'eugene bolin'
'eugene bolin'
Bjorback, Leif
EX
/O=CITY OF EDMONDS/OU=EDMONDS/cn=Recipients/cn=bjorback
Leif.Bjorback@edmondswa.gov
leif.bjorback
Bjorback, Leif
Wayland, Christina
EX
/O=CITY OF EDMONDS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=Wayland, Christina7f0
Christina.Wayland@edmondswa.gov
christina.wayland
Wayland, Christina
image002.png
.png
image002.png
image002.png
image/png
image002.png@01D4661D.F4A86B70Mr. Bolin,
The tent is a temporary structure which is defined by HYPERLINK "https://www.codepublishing.com/WA/Edmonds/html/Edmonds21/Edmonds21100.html#21.100.020"ECDC 21.100.020 as “Temporary building
or structure means a building or structure not having or requiring permanent attachment to the ground or involving structures which have no required permanent attachment to the ground.”
Tent is further defined by HYPERLINK "https://www.codepublishing.com/WA/Edmonds/html/Edmonds17/Edmonds1770.html#17.70.035"ECDC 17.70.035.A.3 “Tent” means a structure, enclosure or shelter
constructed of fabric or other pliable material supported by any manner except by air or the contents that it protects.
Tents are regulated by HYPERLINK "https://www.codepublishing.com/WA/Edmonds/html/Edmonds17/Edmonds1770.html#17.70.035"ECDC 17.70.035.C which states:
C. Tents, tarps and canopy structures which use plastic sheeting, canvas, or other similar pliable materials to cover storage areas, and/or to be used as carports are regulated in residential
zones:
1. Tents or canopies with a floor area measured to the exterior wall or post exceeding 200 square feet are prohibited, except for those used for limited time period for a special event
such as a party or wedding not to exceed 24 hours.
2. Tents and canopies shall comply with setback and height requirements for accessory structures for the zone. Lot coverage requirements also apply.
If a tent or canopy is located within six feet of another tent(s) or canopy(ies) or attached in any way, they shall be considered as one tent or canopy and shall be subject to the provisions
of subsections (A) and (B) of this section for combined floor area and location.
The tent is not compliant with ECDC 17.70.035.C.2 as it was placed within the required zoning setbacks and therefore must be removed.
The geotechnical report should address all unpermitted activity within 50 feet of the steep slope areas on the site. If the tent was placed on existing impervious surface, then the
geotechnical report will not need to address the demolition of the tent. If new impervious surface (including pavers) was installed prior to installation of the tent, then the geotechnical
report needs to address that activity as it would be considered an alteration of a critical area or critical area buffer (see definition of “Alteration” in HYPERLINK "https://www.codepublishing.com/
WA/Edmonds/html/Edmonds23/Edmonds2340.html#23.40.005"ECDC 23.40.005). Note that if new pavers or patio were placed within the setbacks, portions of that may need to be removed in order
to comply with HYPERLINK "https://www.codepublishing.com/WA/Edmonds/html/Edmonds16/Edmonds1620.html#16.20.040"ECDC 16.20.040.C which allows uncovered and unenclosed porches, patios
and decks to project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no more than 30 inches above ground
level at any point.
Please verify if new pavers or patio was placed prior to installation of the tent.
Given the amount of unpermitted activity on the site, it was suggested to include removal of the tent within the general demolition permit to remove other items that may not be consistent
with the Edmonds Community Development Code.
Michele Q. Szafran / Planner
City of Edmonds
121 5th Ave. N.
Edmonds, WA 98020
425-771-0220, x 1778
HYPERLINK "mailto:michele.szafran@edmondswa.gov"michele.szafran@edmondswa.gov
General permit assistance, online permits, and Web GIS: http://www.edmondswa.gov/handouts.html
Permit Center Hours:
M, T, Th, F 8:00 AM – 4:30 PM
Wednesday 8:30 AM – 12:00 PM
From: eugene bolin <eugenebolin@gmail.com>
Sent: Tuesday, October 16, 2018 11:44 AM
To: Bjorback, Leif <Leif.Bjorback@edmondswa.gov>; Szafran, Michele <Michele.Szafran@edmondswa.gov>; Wayland, Christina <Christina.Wayland@edmondswa.gov>
Subject: About the tent erected at 7330 - 172nd St. SW.
Dear Leif, Michele and Christina:
I am writing about the informal guidance I have received from you, regarding a Costco 10' x 20' tent (about $200 in cost) which we set-up behind our garage a year ago. We erected the
tent as a temporary water-proof cover for lawn furniture, bicycles and motorcycles, particularly during the winter months. The tent took about 20 minutes to erect and will require
about 10 minutes to take down. Once the tent is removed, there will be no indication that it was ever there.
Here is the picture of the tent, which I shared with you at the permit counter two weeks ago:
When the city discovered our tent with a Google satellite shot of our property, were were told that it was an unpermitted "structure" that should have been permitted before it was set-up;
and that it would require a demolition permit to remove. We were also told that since the tent is in a set-back area of our southern property line, and since our property is generally
sloped, that we must have a geotechnical engineer assess the consequences of soil movement resulting from taking down the tent.
I have reviewed the Edmonds Community Development Code (ECDC) and the definition of a “structure” and I must respectfully disagree that tents are covered by the Code. The tent is temporary
and I believe that the requirements you have suggested are not applicable to tents. Section 21.90.150 of the Code defines a "structure" as follows:
Structure means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential
fences less than six feet in height, retaining walls, rockeries, and similar improvements of a minor character less than three feet in height.
I referred to the following Merriam-Webster online definition of a "tent" to interpret this Code section:
https://www.merriam-webster.com/dictionary/tent?utm_campaign=sd&utm_medium=serp&utm_source=jsonld
It defines "tent" as a noun with the following primary definition:
a collapsible shelter of fabric (such as nylon or canvas) stretched and sustained by poles and used for camping outdoors or as a temporary building
Our tent conforms to this definition.
Appellate courts have decided cases too numerous to cite, which would also take a tent out of the definition of "structure" as that term is used in the Code. For example, the Washington
Supreme Court held in 2005, in State v. Jacobs, that:
In construing a statute, the court's objective is to determine the legislature's intent. [Citation omitted]. "[I]f the statute's meaning is plain on its face, then the court must give
effect to that plain meaning as an expression of legislative intent."
[Citation omitted]. The "plain meaning" of a statutory provision is to be discerned from the ordinary meaning of the language at issue, as well as from the context of the statute in
which that provision is found, related provisions, and the statutory scheme as a whole. [Citations omitted].
154 Wn.2d 596, 115 P.3d 281. (Emphasis added).
The same principles of statutory construction are applied in interpreting regulations and other rules of all kinds, including the EDCC. And based on all of the foregoing, I have no doubt
how a court would interpret the meaning of EDCC 21.90.150, as it relates to permitting requirements.
I also have to say that the geotechnical engineer I have retained for this and other permitting issues on our property, was literally stunned that his analysis might be required to analyze
the effects of removing our tent. He has never been asked to analyze the geotechnical effect of a tent removal in his 30+ year career.
I therefore respectfully request that the City reconsider its position regarding the tent on our property and the extent to which any permitting is required to remove the tent.
Thank you for your re-consideration of this issue and I look forward to hearing from you soon.
Gene Bolin
Law Offices of Eugene N. Bolin, Jr.
A Professional Services Corporation
Attorney at Law, WSBA #11450
HYPERLINK "mailto:eugenebolin@gmail.com"eugenebolin@gmail.com
Waterfront Park Building, Suite 308
144 Railroad Avenue
Edmonds, WA 98020
Edmonds: 425-582-8165
Seattle: 206-527-2700
Toll free: 1-888-527-2710
Fax 888-527-2710