S-07-52 Staff report with attachments.pdfCITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
FINDINGS, CONCLUSIONS, AND DECISION
To: File No. S-2007-52
From:
Jennifer Mach a, Planner
Date: September 11, 2007
File: S-2007-52
Owner(s): Joan D. Dwyer and Gerald D. Stevenson
Applicant: Per Zimmerlund, Zimmerlund Construction Inc.
TABLE OF CONTENTS
Section Page
I. INTRODUCTION.......................................................................................................................2
A. Application.......................................................................................................................................2
B. Decision on Subdivision...................................................................................................................2
II.
FINDINGS OF FACT AND CONCLUSIONS................................................................... 3
A. Compliance with the Subdivision Ordinance....................................................................................3
B. Compliance with the Comprehensive Plan........................................................................................ 5
C. Compliance with the Zoning Code.................................................................................................... 6
D. Compliance with the Flood Plain Management Provisions............................................................... 6
E. Environmental Assessment............................................................................................................... 6
F. Critical Areas Review....................................................................................................................... 6
G. Comments......................................................................................................................................... 6
III.
RECONSIDERATIONS AND APPEALS..........................................................................6
A. Request for Reconsideration............................................................................................................. 7
B. Appeals............................................................................................................................................. 7
C. Time Limits for Reconsideration and Appeals.................................................................................. 7
IV.
LAPSE OF APPROVAL.....................................................................................................7
V.
NOTICE TO COUNTY ASSESSOR..................................................................................7
VI.
ATTACHMENTS...............................................................................................................7
VII.
PARTIES OF RECORD......................................................................................................7
Dwyer / Stevenson
File No. S-2007-52
Page 2 of 7
I. INTRODUCTION
The applicant is proposing to subdivide one lot currently addressed as 810 — 9`h Avenue South into two lots
(Attachment 1). See the Zoning and Vicinity Map for reference (Attachment 2). The site is located in a
Single -Family Residential (RS -6) zone that allows lots with a minimum area of 6,000 square feet. The
proposed lot layout is shown on the subdivision map (Attachment 3). The applicant has indicated plans to
retain the existing single family residence.
A. Application
1. Applicant: Zimmerlund Construction Inc. for Joan Dwyer and Gerald Stevenson
2. Site Location: 810 — 91h Avenue South (see Attachment 2).
3. Request: To divide one lot with a total area of approximately 21,892 square feet into two lots
in a Single -Family Residential (RS -6) zone (see Attachment 3).
4. Review Process: Following the comment period, Planning staff makes an administrative
decision.
5. Major Issues:
a. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030,
site development standards for the RS -6 zone,
b. Compliance with Edmonds Community Development Code (ECDC) Title 18, public
works requirements.
c. Compliance with Edmonds Community Development Code (ECDC) Section 20.75,
subdivision requirements.
d. Compliance with Edmonds Community Development Code (ECDC) Section 20.95,
staff review requirements.
Note: All code sections referenced in this report can be viewed via the City's website at
www.ci.edmonds.wa.us.
B. Decision on Subdivision
Based upon the Findings of Fact and Conclusions, and Attachments submitted with the application
and during the comment period, the following is the decision of the City of Edmonds Planning
Division:
The subdivision as proposed is APPROVED with the following conditions:
1, Prior to recording, the applicant must complete the following requirements:
a) Civil plans must be approved prior to recording. In completing the civil plans, you
must address the following:
(1) Complete the Engineering Division conditions listed "Required prior to
Recording" on Attachment 4.
(2) Provide a minimum of two onsite parking spaces on Lot 2 that can be
accessed via the new access easement. These spaces must meet the
minimum requirements of the Engineering Division.
b) Relocate the driveway access to the existing residence to be within the ingress/egress
easement across Lot 1.
c) Make the following revisions to the plat:
(1) Provide the net area of Lot I (total area minus the area of the access
easement) to ensure that the net area will not be below the minimum 6,000
square feet requirement.
Dwyer / Stevenson
File No. S-2007-52
Page 3 of 7
(2) Add to the face of the Plat: "Conditions of approval must be met and can be
found in the final approval for the short subdivision located in File No. S-
2007-52 in the City of Edmonds Planning Division."
(3) Include on the plat all required information, including owner's certification,
hold harmless agreement, and staff's approval block.
d) Make sure all documents to be recorded meet the Snohomish County Auditor's
requirements for recording, including all signatures in black ink.
e) Submit two copies of the documents to be recorded for the Planning Division and
Engineering Division's approval. Once approved, the applicant must record the
documents with Snohomish County Auditor's office.
f) Submit an updated copy of the title report (short plat certificate) with the documents
proposed to be recorded. Note that the updated title report must be prepared within
30 days of submittal.
2. After recording the plat, the applicant must complete the following:
a) Provide the City Planning Division with three copies of the recorded plat, with the
recording number written on them. The City will not consider the subdivision to
have been completed until this is done.
b) Complete the Engineering Division conditions listed "Required with Building
Permit" on Attachment 4.
3. During development of the subject site, the applicant is encouraged to retain the trees
located outside the footprints of the new residence(s) and driveways. Any tree removal
must meet the requirements of ECDC 18.45.
II. FINDINGS OF FACT AND CONCLUSIONS
A. Compliance with the Subdivision Ordinance
1. Introduction
a. Setting:
The subject property at 810 — 9`�' Avenue South is located in the Single -Family Residential
(RS -6) zone (Attachment 2). The surrounding properties to the north, south, and west of the
subject property are also zoned RS -6, while the properties located across 9`h Avenue South
from the subject property are zoned RS -8. All of the surrounding properties on both sides of
91h Avenue South appear to be developed with single-family residences.
T000eranhv and Veeetation:
The subject site slopes downward gradually from east to west. The majority of the slope is
near the western property line, where there is enough of a slope to be considered an Erosion
Hazard Area. Vegetation consists of typical residential landscaping, including grass, shrubs,
and trees. The site contains several large fir, spruce, maple, and cedar trees, particularly near
the center of the site.
Lot Lam:
The proposed lot layout is shown on the subdivision map (Attachment 3). Lot I will be
created on the eastern portion of the existing lot, and Lot 2 will be created on the western
portion of the existing lot. The applicant has indicated plans to retain the existing house from
Lot 2. The proposed lots will be accessed via a shared access easement off of 91h Avenue
South along the southern portion of Lot 1.
2. Environmental Resources
a. The subdivision chapter, ECDC 20.75.085, states that a proposed subdivision should be
designed to minimize significant adverse impacts where environmental resources exist (such
as trees, streams, ravines, or wildlife habitats). The existing trees on the site are considered
3.
4.
Dwyer / Stevenson
File No. S-2007-52
Page 4 of 7
to be environmental resources; however, some of these trees will need to be removed for
development of the new access easement and future home on Lot 1. The applicant is
encouraged to retain the trees located outside the footprints of the new construction during
development of the subject site. Any tree removal must meet the requirements of ECDC
18.45. There are no other apparent environmental resources on this site.
b. The proposal minimizes grading because both lots will share driveway access.
C. No hazardous conditions, such as flood plains, steep slopes, or unstable soil or geologic
conditions appear to exist at this site.
d. A drainage plan must be submitted to the Engineering Division when a building permit is
applied for on this site. Any proposed development on the site must be designed to code in
order to minimize off-site impacts on drainage. All new impervious surfaces must be
connected to a detention system.
Lot and Street Layout
a. This criteria requires staff to find that the proposed subdivision is consistent with the
dimensional requirements of the zoning ordinance and that the lots would ultimately be
buildable. Based on a review of the project and the analysis in this section, staff agrees that a
two lot short -plat is a reasonable use of the property.
Lot sizes and dimensions:
Lot Area:
Required
Proposed
Proposed
Lot Area
Gross sq. ft
Nets . ft
Lot 1 6,000
10,000.00
> 6,000*
Lot 2 6,000
11,891.69
11,891.69
*Note: The net area of Lot l depends on the size of the necessary access easement to benefit
Lot 2. Based on the dimensions shown on the preliminary plans, it appears that the area of
the access easement is approximately 1,500 square feet, which would cause the net area of
Lot 1 to be approximately 8,500 square feet, which is well above the minimum 6,000 square
foot lot area required by the RS -6 zone. Therefore, it is assumed that there will be no
problems with lot area once the required easement is established. Prior to recording of the
short plat, the applicant must show that the net area of Lot 1 is at least the minimum required
6,000 square feet.
Lot Width:
The required lot width in the RS -6 zone is 60 feet. The proposed lots meet this requirement.
Parking:
Pursuant to ECDC 16.20.030, a minimum of two on-site parking spaces are required for both
lots. Although the existing residence on Lot 2 contains a two -car garage, it is unclear
whether vehicles will be able to access this parking via the new access easement along the
southern side of Lot 1. Therefore, a condition of approval has been added requiring the
applicant to provide two on-site parking spaces for Lot 2.
Setbacks and Lot Coverage
a. In order to approve a subdivision, the proposal must meet all requirements of the zoning
ordinance, or a modification must be approved. Based on the development standards for the
RS -6 zone, setbacks for the lots should be as follows:
Lot 1: Street Setback (20 feet): From the eastern property line.
Side Setbacks (5 feet): From the northern property line and from the
northern boundary of the access easement
running along the southern property line.
Rear Setback (15 feet): From the western property line.
Dwyer / Stevenson
File No. S-2007-52
Page 5 of 7
Lot 2: Side Setbacks (5 feet): From all property lines.
Existing Structures / Encroachments: This proposal will not reduce the setbacks of the
existing residence below the minimum required setbacks for Lot 2.
b. Corner Lots: Neither lot is considered a corner lot.
C. Flag or Interior lot determination: Lot 2 is considered a flag lot.
d. Lot Coverage of Existing Buildings on Proposed Lots:
1.) 35% maximum lot coverage is allowed in the RS -6 zone.
2.) According to Snohomish County Assessor's records, the existing house covers 1,784
square feet, which is approximately 15% of the total area of Lot 2. There are no
existing structures on Lot 1; therefore, Lot 1 will have a lot coverage of zero percent.
Any future buildings or structures on either lot will not be allowed to cover more than
35% of each lot.
5. Dedications
a. None required, per City Engineer's Requirements (Attachment 4).
6. Improvements
a. See Engineering Requirements (Attachment 4).
7. Flood Plain Management
This project is not in a FEMA designated Flood Plain.
B. Compliance with the Comprehensive Plan
Comprehensive Plan Goals and Policies:
The Comprehensive Plan has the following stated goals and policies for Residential Development
that apply to this project.
B. Goal. High quality residential development which is appropriate to the diverse
lifestyle of Edmonds residents should be maintained and promoted. The options
available to the City to influence the quality of housing for all citizens should be
approached realistically in balancing economic and aesthetic consideration, in
accordance with the following policies:
B.1. Encourage those building custom homes to design and construct homes
with architectural lines which enable them to harmonize with the
surroundings, adding to the community identity and desirability.
B.3. Minimize encroachment on view of existing homes by new construction or
additions to existing structures.
B.4. Support retention and rehabilitation of older housing within Edmonds
whenever it is economically feasible.
B.5. Protect residential areas from incompatible land uses through the careful
control of other types of development and expansion based upon the
following principles:
B.5.d. Private property must be protected from adverse environmental
impacts of development including noise, drainage, traffic, slides,
etc.
Dwyer / Stevenson
File No. S-2007-52
Page 6 of 7
B.6. Require that new residential development be compatible with the natural
constraints of slopes, soils, geology, vegetation and drainage.
2. Compliance with the Residential Development goals and policies: The proposal will retain the
existing residence that was constructed in 1958 according to Snohomish County Assessor's
records and will make way for one additional residence. The overall proposal should not cause
any adverse impacts and appears to be consistent with the residential development goals and
policies.
C. Compliance with the Zoning Code
The proposed subdivision must comply with the provisions of the Zoning Code. See sections
II.A.3 and II.A.4 of this document.
D. Compliance with the Flood Plain Management Provisions
1. The proposed project is not in a Flood Plain.
E. Environmental Assessment
Is this site within a shoreline area (within 200 feet of the ordinary high water mark of the Puget
Sound)? No.
2. Is an Environmental Checklist Required for this application? No. If more than 500 cubic yards
of grading will be required, an Environmental Checklist is required. At this point in time, the
total amount of grading for the subdivision improvements is not anticipated to exceed 500 cubic
yards. If through the review of the civil plans, it is determined that more than 500 cubic yards of
grading will be required, the City will require an Environmental Checklist to be submitted and
will issue an Environmental Determination.
F. Critical Areas Review
1. Critical Areas Review number: CA -2007-0060.
Results of Critical Areas Reviews: During critical areas review of the subject property, staff
found that the property contains a slope that is steep enough to be considered an Erosion Hazard
Area as defined by ECDC 23.80. The applicant must comply with the critical areas requirements
of ECDC 23.40 and 23.80 as well as with the erosion control requirements of ECDC 18.30.
G. Comments
One public comment letter was received during the review of this proposal and is included as
Attachment 5. Carolyn Schmidt requested for the subject property to remain as it currently is.
Specifically; she addressed concerns over tree removal on the site.
City's Response: It is possible that some of the existing trees will need to be removed to allow for
construction of the new residence on Lot 1, as well as the shared driveway. The applicant must
comply with the requirements of ECDC 18.45 and may not remove any trees prior to recording
without meeting the requirements of ECDC 18.45 and/or obtaining a tree removal permit, building
permit, or approved civil plans. A condition has been added to encourage the applicant to retain
the trees located outside the footprints of the future residence(s) and driveways; however, if the
applicant proposes future tree removal that meets the requirements of ECDC 18.45, the City
cannot require the applicant to retain those trees.
III. RECONSIDERATIONS AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information.
Dwyer / Stevenson
File No. S-2007-52
Page 7 of 7
A. Request for Reconsideration
Section 20.100.01 O.G allows for City staff to reconsider their decision if a written request is filed
within ten (10) working days of the posting of the notice required by this section. The
reconsideration request must cite specific references to the findings and/or the criteria contained in
the ordinances governing the type of application being reviewed.
B. Appeals
Section 20.105.040 and 20.105.020 describes how appeals of a staff decision shall be made. The
appeal shall be made in writing, and shall include the decision being appealed along with the name
of the project and the date of the decision, the name of the individual or group appealing the
decision, their interest in the matter, and reasons why the appellant believes the decision to be
wrong. The appeal must be filed with the Community Development Director within fourteen (14)
calendar days after the date of the decision being appealed.
C. Time Limits for Reconsideration and Appeals
The time limits for reconsiderations and appeals run concurrently. If a request for a
reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for
filing an appeal is stopped until a decision on the reconsideration request is completed. Once the
staff has issued his/her decision on the reconsideration request, the time clock for filing an appeal
continues from the point it was stopped. For example, if a request is filed on day 5 of the appeal
period, an individual would have 9 more days in which to file an appeal after the staff issues their
decision on the reconsideration request.
IV. LAPSE OF APPROVAL
Section 20.075.100 states, "Approval of a preliminary plat or preliminary short plat shall expire and have
no further validity at the end of five years, unless the applicant has acquired final plat or final short plat
approval within the five-year period."
V. NOTICE TO COUNTY ASSESSOR
The property owner may, as a result of the decision rendered by the staff, request a change in the valuation
of the property by the Snohomish County Assessor's Office.
VI. ATTACHMENTS
1. Application
2. Vicinity / Zoning Map
3. Subdivision Map
4. Engineering Requirements
5. Comment Letter from Carolyn Schmidt, dated August 15, 2007
VII. PARTIES OF RECORD
Engineering Department
Planning Department
Per Zimmerlund
Zimmerlund Construction Inc.
735 Pine Street
Edmonds, WA 98020
Joan Dwyer and Gerald Stevenson
810 — 91h Avenue South
Edmonds, WA 98020
Carolyn Schmidt
(No Address Provided)
city of edmonds
land use application
❑ ARCHITECTURAL DESIGN REVIEW
❑ COMPREHENSIVE PLAN AMENDMENT
❑ CONDITIONAL USE PERMIT
❑ HOME OCCUPATION �� ShDrdP�f
Cl FORMAL SUBDIVISION
❑ SHORT SUBDIVISION I S° 5'h�
❑ LOT LINE ADJUSTMENT 0' iW
❑ PLANNED RESIDENTIAL DEVELOPMENT
❑ OFFICIAL STREET MAP AMENDMENT
❑ STREET VACATION
❑ REZONE
❑ SHORELINE PERMIT
❑ VARIANCE / REASONABLE USE EXCEPTION
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CITY OF EDMONDS
ENGINEERING REQUIREMENTS FOR SHORT PLATS
Name: Dwyer / Stevenson File No.: PLN20070052
Reviewed by: Jeanie McConnell August 15, 2007 Address:
Engineering Division Date
8109th Ave S
pIn20070052 Dwyer -Stevenson SP Req's.xls
1 of 3
ttac
REq'D PRIOR TO
RECORDING
REQ'D W/BLDG COMPLETE
PERMIT
1. Right -of Way Dedication for Public Streets
a)
n/a
2. Easements (City utilities, private access, other
utilities):
a) Provide all easements as needed
X
b) Lot 2 shall access off private access road.
X
C) Private access easement shall be 15 (fifteen) feet in width.
X
3. Public Street Improvements (ACP, curb, gutter and
sidewalks):
a) 18" curb & gutter along property frontage
Existing
b) Five-foot wide concrete sidewalk along property frontage
Existing
4. Private Access Improvements:
a) Private access road serving lot 2 shall be paved to 12.0' in width, plus
18" asphalt thickened edge or 6" concrete extruded curb may be used.
X
b) Slope of private access road and driveways shall not exceed 14% and
shall be noted as such on the civils.
X
c) Cross slope of private access road shall not exceed 2%
X
5. Street Turnaround:
a) Provide on-site turnaround on private access road to City Standards.
X
6. Street Lights:
n/a
7. Planting Strip:
n/a
8. Water System Improvements OVWSD
a) Public hydrant spacing shall meet requirements of ECDC 19.25.
X
b) Provide new water service to each lot.
X
c) Connect to public water system.
X
X
9. Sanitary Sewer System Improvements (OVWSD)
pIn20070052 Dwyer -Stevenson SP Req's.xls
1 of 3
ttac
pIn20070052 Dwyer -Stevenson SP Req's.xls 2 of 3
REq'D PRIOR TO
RECORDING
REQ'D W/BLDG COMPLETE
PERMIT
a)
Provide new 6" service lateral to development with 6" cleanout at
property line.
X
b)
Provide new 4" side sewer to each lot
X
c)
Connect to public sewer system.
X
X
10.
Storm Sewer System Improvements:
a)
Provide a Stormwater Management report and plan. Compliance with
ECDC 18.30 and 1992 Department of Ecology Stormwater Manual is
required.
X
b)
Construct privately owned and maintained storm detention system
sized to provide adequate capacity for proposed single family dwellings
and street improvements in accordance with ECDC 18.30. Storm
detention system to be located on private property.
X
c)
Provide storm sewer service to all proposed lots.
X
d)
Connect to public storm system.
X
X
11.
On-site Drainage Ian per Ord. 3013):
a)
Connect all new impervious surfaces to detention system.
X
X
12.
Underground Wiring (per Ord. 1387):
a)
Required for all new services.
X
X
13.
Excavation and Gradin(per IBC
a)
Submit a grading plan as part of engineered site plan.
X
X
b)
Submit grading plan for foundations with building permit.
X
14.
Signage(per City Engineer):
a)
Provide fire and aid address signage.
X
15.
Survey Monumentation(per Ord. Sect. 12.10.120):
n/a
16.
As -built Drawin s(per City Engineer):
a)
Required for all street and utility improvements. Provide an AutoCAD
electronic copy and a hard copy to City.
X
X
17.
Other Requirements:
a)
Plat showing lots, easements, legals, survey information
X
X
b)
Legal documents for each lot
X
c)
Field stake lot corners (by professional surveyor)
X
d)
Field stake utility stubs at property lines
X
e)
Clustered mailbox location per Postmaster
X
f)
Maintenance agreements
X
g)
Traffic Impact Analysis
X
18.
Engineering Fees:
a)
Storm development charge (access tract) n/a
b)
Storm system development charge $428.00
X
c)
Sewer connection fee $730.00
X
pIn20070052 Dwyer -Stevenson SP Req's.xls 2 of 3
�eaexiv�ay!yee� �[[a�i l5, 2007
Engineering Program Manager, CITY OF EDMONDS Date
pIn20070052 Dwyer -Stevenson SP Req's.xls 3 of 3
REQ'D PRIOR TO
RECORDING
REQ'O W/BLDG COMPLETE
PERMIT
d)
Water connection fee
$908.00
x
e)
f)
Water meter fee - 3/4" meter
Traffic mitigation fee
$550.00
$840.72
x
x
g)
Short Plat review fee
$860.00
X
h)
Inspection fee (2.2% of improvement costs)
TBD
X
�eaexiv�ay!yee� �[[a�i l5, 2007
Engineering Program Manager, CITY OF EDMONDS Date
pIn20070052 Dwyer -Stevenson SP Req's.xls 3 of 3
14,
Attachment 5