Retaining wall letter 10272009.pdfrnc.J8()v
October 27, 2009
GARY HAAKENSON
CITY OF EDMONDS MAYOR
121 5TH AVENUE NORTH • FQMONnS. WA 98020 • (425) 771-0220 • FAX (425) 771-0221
Website: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
Planning • Building • Engineering
Vasyl Yaremchuk
PO Box 6306
Kent, WA 98064
Subject: Retaining wall at 23621 991h Place West
Mr. Yaremchuk,
A retaining wall and other improvements were constructed on several properties just to the cast
of Mr. Klimas's property at 23621 99th Place West without permits or permission from the
adjacent property owners. Pursuant to the subdivision for the property to the east, the retaining
wall was constructed in a native growth protection area that prohibits development. Additionally
the retaining wall was cut into the base of a slope which according to the City of Edmonds Lidar
layer slopes at approximately 30%. The following actions must be taken in order to rectify the
situation.
1. New retaining wall: The new retaining wall must be removed from its current Iocation. if
the property owner wishes to reconstruct the retaining wall, it must be placed within the
property boundaries of 2362199 th Place West. A building permit is required to reconstruet
the retaining wall. See the enclosed handout on retaining wall permit submittal requirements
(#B62).
Once the retaining wall is removed, the area on the adjacent property within the native
growth protection area must be restored and the restoration detailed in a restoration plan
pursuant to Edmonds Community Development Code (ECDC) 23.40.240.B. The slope must
be restored to its original grade and revegetated with native vegetation. A geotechnical
report consistent with ECDC 23.80.050 must be prepared to assess the restoration plan (the
geotechnical engineer can prepare the restoration plan). Written permission for the
restoration work must be obtained from the adjacent property owners and submitted to the
City of Edmonds with the restoration plan.
2. Fireplace, patio, and old retaining wall: There are a few options available to address the
issues with the fireplace, patio, and old retaining wall. The options are as follows.
a. Remove the fireplace, repair the old retaining wall where the fireplace was inserted, and
remove the newly poured patio section back to the property line. Written permission
from the adjacent property owner will be needed for the repair work to the old retaining
wall.
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b. Obtain written permission from the adjacent property owner to keep the fireplace, patio,
and old retaining wall in place. The fireplace chimney will have to be reduced to not
more than three (3) feet above grade (3 feet on the uphill side of the retaining wall). The
adjacent property owner may grant a recreational easement to use that portion of the
property.
c. Pursue court action, such as adverse possession, to gain control of the property where the
old retaining wall and patio are located. Following court action, if the fireplace is still
located within the setback, the chimney will have to be reduced to not more the three (3)
feet above grade (3 feet on the uphill side of the retaining wall).
Please feel free to contact me if you have any questions, 425-771-0220, lien(c�r�,ci.edmonds.wa.us.
Sine rely,
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Kernen Lien
Associate Planner
Encl: Retaining Wall Permit Submittal Requirements (#B62)
City of Edmonds Permit Application Form, Form A
Cc: Egidiyus Klimas, property owner
Steven Kim, adjacent property owner (w/o enclosures)
Rose LeSmith, adjacent property owner (w/o enclosures)