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SETTLEMENT AGREEMENT.Reidy.Thuesen.FINAL.doc.pdfS En'l-EMENT AGREr-ME-NT AND RELEASE This Settlement Agreement and Release is entered into this 44 Y _2� day ofi-uly, 2010, by and between Kenneth E. and Vera H. Reidy, individually and on behalf of their marital community ("Reidy'; Eric and Chris Thuesen, individually and on behalf of their mar ita.1 community, and Eric Thuesen Custom Homes, LLC ("Thuesen'; and the City of Edmonds, including its agents, employees, representatives and elected of; I. RECITALS A. Thuesen applied for preliminary plat approval for a 3 lot short plat ("the Thuesen plat's under City File No. 5-05-09. Approval was granted by the City on August 13, 2009. (Attached as Exhibit I and incorporated herein by reference.) S. Reidy's property is adjacent to a portion of the Thuesen plat. By survey recorded under Snohomish County Auditor's File No. 200802135110 (attached as Exhibit 2 and incorporated herein by reference), part of a structure on Reidy's property is shown to encroach onto Thuesen's property. Reidy has asserted various real property and related claims against Thuesen, including a claim for adverse possession, in a Verified Complaint to Quiet Title in Kenneth E. Reidy and Vera H. Reidy, husband and wife and the marital community composed thel-eof, v. 5-1c Thuesen Custom Homes LLC, a Washington Limited Liability Company: and Eric Thuesen and Jane Doe Thuesen, husband and wife and the marital community composed thereof, Snohomish County Cause No. 09-2-03815-3. C. In Eric and Chris Thuesen and Eric Thuesen Custom Homes, LLC v5, City of Edmonds, Snohomish County Cause No. 09-2-04274-6, Thuesen filed a complaint against the City for injunctive relief, declaratory judgment, writ of prohibition, writ of mandamus, writ of certiorari, and constitutional writ, appealing Edmonds Ordinance No. 3729, which contains the City's approval of a right-of-way vacation in favor of Reidy and reservation by the City of "a temporary construction easement (TCF) for installation of a driveway and retaining wall on property lying north of the alley and east of Eighth Avenue North." The TCF is more specifically described in Exhibit B to City Ordinance 3729 which is on file with the City. D. Reidy has alleged certain damages to his personal and real property resulting from Thuesen's installation of utilities along 8t" Avenue North adjacent to Reidy's property. E. The City initiated a code enforcement action against Reidy relating to structures located within the boundary of the temporary construction easement pursuant to a Notice of Civil Violation dated November 13, 2009. Reidy appealed the enforcement action to the City Hearing Examiner under Case No. APL20090004 referenced in error by the Hearing Examiner as Case No. APL 200900024. On February 19, 2010, the Hearing Examiner of firmed a portion of the enforcement action and the City's imposition of tines and penalties. Reidy appealed the Hearing Examiner's decision to Snohomish County Superior Court under Kenneth E Reldl and Vera H Reidy v. 0t1 of Edmond,-, Ca use No. 10-2-03147-1, which has been removed to the United States Federal District Court for the Western District of Washington, Case No. 2: 10-CV-533-MJP '-CTRFEMEi4T,Reidy.Tbuesen.FrNAL.07,23.10 -I- FrReidy's property is also adjacent to a section of tine City's unopened right-of-way Known as Daley Street, By survey recorded under Snohomish County Auditors File No. 200802135110 (Exhibit 2), a portion of Reidy's garage is shown to encroach into the unopened Daley Street right-of-way, Reidy wishes to elimina"a said encroachment through vacation of the i orth thirty (30) feet of the unopened section of the Daley Street right-of-way that lies adjacent to R\eidy's property. In the alternative, Reidy wishes to seek right-of-way use or encroachment permits from the City, G. By entering into this Settlement Agreement and Release, Reidy, Thuesen and the Citi wish to settle and resolve all of the above -referenced matters and each and every claim against one another arising out of or related to said matters, FL The recitals stated above shall be incorporated by this reference into the substance of the agreement which follows below, NOW THEREFORE, in consideration of the agreements set forth herein the Parties hereto agree and covenant as follows: KHRIM-11M, A. Reldly Agree encs 1. Dismiss Laimsult AMIt CIV, Within fourteen (14) calendar days of the date of this Settlement Agreement and Release, Reidy will execute and deliver to escrow per Section II(D) below an order to dismiss with prejudice and without costs to either party the litigation entitled Kenneth E. Reidy and Vera /-1. Reidy v. City of Edmonds - under U.S. District Court For The Western District Of Washington, Case No. 2:10 -CV -538 MMP. The form of Agreed Order of Dismissal is attached as Exhibit 3. Escrow shall file said order with the Court within five (5) calendar days of full execution and receipt thereof. 2. PAsmiss Laivsuft Aqainst Thuesean. Within fourteen (14) calendar days of the date of this Settlement Agreement and Release, Reidy will e.—.-wcute and deliver to escrow per Section 11(D) below an order to dismiss with prejudice and without costs the lawsuit entitled Reidy it Thuesen, et al, filed under Snohomish County Cause No. 09-2- 03315-3. The form of Agreed Order of Dismissal is attached as Exlibit 4. Escrow shall file said order with the Court within five (5) calendar days of full execution and receipt thereof. 3. Fleinove Shad and Con, cre Strqcbunes. Within thirty (30) days of the date of this Settlement Agreement and Release, Reidy shall cause to be removed all of the unenclosed shed except for an overhang of the roof not to exceed thirty (30) inches, and all of that portion of the concrete foundation supporting the shed that is within the limits of the temporary construction casement ('TCE') referenced in recital paragraphs C and E above. Reidy shall also remove all of the concrete foundation for the shed th&': is not within the TCE except the portion depicted on ibot Spy) as "retaining wall and slab to remain."Reidy further agrees within said thirty (30) days 'to saw cut the existing concrete stair landing at the south limit of the TCE so Thuesen rriaV remove and dispose of all other concrete within the TCE and on Thuesen's properity. Tl" -ie removal shall be �ais W/Edmonds/SETTLEMENT AGPE,i\/iENT.Reicly.Th,,iespn.FINAL.07.23.1 -2- d . fe depicted on the illustration attached as Exhiln't 5, incorporated herein by rei-irence. No demolition permit shall be required for said shed, foundation and other concrete removal. Thuesen shall pay into escrow (see Section 11(D) below) for Reidy $500.00 to be applied toward the cost of the shed and foundation removal. Payment to Reidy from trust shall be made within ten (10) calendar days of the date of his perforrnance of this obligation. 4. fReplay--,ement Sled,,, Reidy may locate a replacernent shed on his property. Provided, Reidy agrees that he shall not locate a shed or any other structure within the area of the TCE vacated to Reidy nor the area outside of the TCF to the immediate east. Whether the shed is placed on Reidy's existing property or the portion of Daley Street which may, be vacated or otherwise allowed by a right-of-way. use or encroachment permit, it shall comply with City land use and zoning code requirements. If it is placed on the North 30 feet of Daley Street, le., the portion of Daley Street which may be vacated, or otherwise allowed by a right-of-way Use or encroachment permit then it shall be in a location mutually agreed upon by Reidy and the City and shall be portable so it may be picked up and temporarily moved in the event the City requires access to existing utilities within the area which may be vacated. All future costs of moving and replacing the shed shall be borne by the property owner. S. Install Landscaping® Reidy will install, at Reidy's expense, a landscape buffer consisting of 6 to 8 Primadalis of at least 5 feet tall to form a visual screen/hedge in the location as drawn/depicted on Exhibit 8, attached and incorporated herein by reference. Reidy shall preserve and maintain said landscaping. 6. Walyrand Release of All Claims. Reidy hereby waives and releases all claims against Theusen and the City as more specifically set forth in Section II(E)(1) below, 7. P-p-l-� Stie i L'It Of . Pursuant to II(C)(2) below Reidy may request ---W AY_ the City initiate vacation of the north thirty (30) feet of the unopened right-of-way of Daley Street which is adjacent to Reidy's South property line. Reidy shall be responsible for all of the costs and fees associated with the required survey information. Reidy understands and agrees that the application and processing of said street ',vacaiadon shall be independent and separate from all other agreements set e forth in this Settlement Agreement and Release and that approval of the vacation shall not be a condition precedent to the effecctlivaness or enforceabillity of any other agreement contained herein. The City will initiate and process the street vacation as more specifically described in Section II(C)(2) below. Reidy understands that in processing any request for a street vacation, the City will retain an easement for utilities as more specifically described in II(C)(2). Nothing herein shall be interpreted to limit the discretionary authority of the City Council as it reviews the street vacation application. 8. Flat Conston and �',A 113royal® Reidy agrees to not �nl— Fere with the construction of the Thuesen plat so long as said construction is , '.-i pursuant to the drawings and plans approved pproved by the City. Reidy further agrees riot to ',' - I 'luding building permits, regarding -le am appeal of the City's issuance oi any permit , inc W/P--dmoi-,ds/SFTTLE1W—NT AGREEi\/TETqT,Rcidy,'Chu;seii.fTi\TAL.07,23.10 -3-- the construction of single-family residences in the Thuesen plat, so long as '11 -hose permits otherwise meet the requirements of City code, B. Thhesari Aqcreernerit 1. Dispilss Lawggi� 0, ­� - en (14) calendar days of tho _t,-�qgLirm —Within fourte date of this Settlement Agreement and Release, Thuesen will execute and deliver to escrow per Section III(D) below an order to dismiss with prejudice and without Costs to either party the lawsuit entitled T17uese17 v. City of E-dmon& filed Linder Snohomish County Cause No. 09-2-04274-6. The form of Agreed Order of Dismissal is attached as E,xhibit 7. Escrow shall file said order with the Court within five (5) calendar days of full execution and receipt thereof and Reidys performance of II(A)(3) above. 2. ay ,g 1pto Escrovy. Within fourteen (14) calendar days of the date of this agreement, Thuesen will pay in escrow per Section II(D) below on behalf of Reidy one thousand dollars ($1,000.00), which shall represent payment for the following: $500 shall represent Thuesen"s contribution toward Reidy's removal of the shed and foundation referenced in Section II(A)(3) above and depicted on Exhibiit 5; and the final $500 shall represent Thuesen's contribution toward Reidy"s purchase of a replacement shed. Said funds shall be released by escrow within ten (10) calendar days of Reidy"s performance of his obligation in ILA(3) above. S. Add Reidy As Additional lns;ur Prior to commencement of any work by Thuesen or his contractors to construct access to his plat within the temporary construction easement reserved by the City, including, but not limited to, grading and fill activities, construction of the retaining wall, or any other construction work, Thuesen and his plat construction contractor will add Reidy as an additional insured on their general liability insurance as it respects all construction work and related activities within the plat and shall keep said insurance in full force and effect until acceptance and final plat approval by the City. A copy of the insurance certificate naming Reidy as an additional insured shall be provided to Reidy and the City prior to commencement of work. 4. Railroad Tie,:,-,. Thuesen or his contractor shall temporarily rernove the existing railroad tie steps located within the temporary construction easement on the Reidy property, for the purposes of constructing access to the Thuesen plat. Following construction of the plat retaining wall and completion of the fill and grading per plans approved by the City dated 8/13/09, Thuesen or his contractor shall replace the railroad ties previously removed and disposed of, those which are damaged and those which are not damaged, all with like kind so the same number and type of ties will be in place as existed prior to any work by Thuesen crithe site. The railroad ties will be replaced by Thuesen in the manner drawn/depicted on EExlet t 8, attached and incorporated herein iby reference, Reidy expressly grants I. -o Thuesen and his contractors limited permission and right of entry if necessar,/ to enter onto the area of the TCE to remove and re - ,install said railroad ties. Pny par Ly instailing said landscaping shall be licensed, bonded and insured as required iby law, VI/Edmonds/SETTLEMENT lcGREE�f�NT.R,:-,i(iy.Thuesen..-,,TNt1L.07.23.10 -4- 5. !-qRlaca Landscap!n,-_L'L_ V'Vithin one hundred tvveni:y (120) days of the date of this Settlement Agreement and Release, pUrsUant to requirements of the City relating to prior issuance of permits for installation of utilities, and pursuant to applicable City code, Thuesen agrees to purchase and install, at his expense, healthy landscaping shrubs and/or other plants to replac-e those removed during Thuesen's construction and installation of utilities on 8th Avenue North, adjacent to Reidy's West property line. 6, igpic—AiDeEiv -&ry andrrasg ep, r. Within sixty (60) days of the date of _R_ _qL_ this Settlement Agreement and Release, at Thuesen's expense, Thuesen or his contractor shall deliver at 'Thuesen's expense, five (5) yards of clean top soil at the northern limit, of the 8t" Street right of way adjacent to Reidy's property suitable for grassing lawn which will be spread and used by Thuesen to re -seed and grow lawn v,'v,hich existed prior to Thuesen's installation of utilities on 8th Avnue North adjacent to the West property line of Reidy's property. The placement of topsoil and grass seed shall be done within the limits of the 8th Avenue North and not on Reidy's property. 7. Retain O!LRgRlay ree. Thuesen acknowledges that the construction of the retaining wall for access to the Thuesen plat will require excavation in an area in close proximity to a mature conifer which is identified on the drawing attached as Exhibit 9, attached and incorporated herein by reference. Thuesen will make evew reasonable effort to ensure that said tree is protected, preserved and is not damaged. In order to do so and in order to comply with EMC 23.40.220, when the root system of said tree is partially exposed, Thuesen shall engage a professionally licensed arborist to inspect said tree to determine best practices (if any) to preserve said tree. if in the judgment of said arborist the tree cannot be preserved, Thuesen and Reidy shall immediately apply to the City for permission to remove said tree. In addition to any other -conditions imposed by the City for removal of said tree, Thuesen shall install replacement trees of a species and size as provided by EMC 23.40.220 and ",eidy grants a limited right of entry onto his property by a licensed, bonded and insured contractor for said purpose. Thuesen shall also bond for survival of the existing tree if it remains in place or for said replacement trees for a period of two (2) years from the date of final plat approval. 9 LM- ah Le- r— a --p dd R a I —ea s a o f ASI C La I rn -huesen hereby waives and releases all claims against Reidy and the City as more specifically set forth in Section U(E)(1) below. ,' City AgreameA 1- unn. By this Agreement, the City acknowledges the resolution of the code enforcement actior and Notice of Civil Violation dated November 13, 2009 against Reidy, and authorizas it's legal counsel to take any and all actions necessary to withdraw and/or dismiss the pending --od,--- enforcement action with prejudice and without costs to either parb/. T.he' City hereby waives and relinquishes any claim against Reidy for fines end penaltie4',' ar's!nig out of or relating to staid code enf-)rcement action. VI/Edmonds/SETTLEMENTTNIAT-07.23.1 0 -5- 2. Princess Vacation of Qpm R!, ht of Wal in Due Course- Following a written request from Reidy and receipt from Reidy of all required survey information to enable it to do so, the City will initiate and process in due course and pursuant to Cit/, code, an application for vacation of the north 30 feet of the unopened right-of-way of Daley Street adjacent to Reldy's South property line. So long as the application meetsall 'applicable City code requirements, City staff will make a recommendation for approval. In light of the existing encumbrances, severe topography and related facturs Which likely render this property unsuitable for municipal development, and in light of the resolution of all of Reidys other claims against the City as set forth in this Agreement, including Reidy's claims for compensation for attorney's fees and costs, qty staff will also recommend that no compensation be paid by Reidy to the City for the area proposed for vacation. Any vacation of the area will include reservation of an easement in favor of the City for maintenance, operation, repair and replacement of utilities containing the following language describing the easement right: . . . a surface and subsurface utility easement is reserved for the construction, reconstruction, and maintenance of all city owned public utilities and the franchisees of the city. The owner of the underlying fee may make surface use of the utility easement area so long as access to utilities is not significantly impaired. In the event that the city's or a franchisee's exercise of its use rights conflicts with that of the fee owner, the owner shall be responsible for any and all costs associated with the movement or relocation of any building or structure located from the easement and relocation or restoration of the building or structure following completion of the work by the city or franchisee. The city or franchisee shall be responsible to restore the surface of the easement area to its preexisting grade, seed the area with grass seed, provide erosion control and replace any portable structure. Prior written notice of work in the utility easement shall be provided to the owner in order that the owner can attempt, at the owner's cost and risk, to relocate any plantings or shrubs from the easement area prior to the utility work by the city or franchisee. NothiFq herein shall be interpreted to limit the discretionary authority of the Edmonds City Council as it reviews said vacation application. In the event a street vacation is not approved by the City Council for any reason, an alternative process, such as a right-of-way use permit or encroachment permit, may be applied for by Reidy in accordance with City code in order to resolve the encroachment and setback issue relating to the S.E. corner of Reidy"s garage and, if necessary, to allow for the placement of a small portable shed not to exceed 200 square feet somewhere within the north 30 feet of the Daley Street right -off way that lies adjacent to the Reidy property. City staff will xelrclse deli nenceto process, any such application(s) in due course and in good faith. I ss -Plleajrbadn.-'In perrrflt�-" ancl /or Plat A ova P, ne I n D, ure On Lg UP n payment by Thuesein of any outstanding plat processing related fees or costs 0 clvjed to the City will process in due course and pursuant to City code, ariy rernarning pe nits or approvals for Thuesen's plat. '�l/F-cf,niondsiSETTLET.v-fE2,4T AGREEAtdENT.Reidy,T,,ILlesen.F.NI\T-.07,23.',-O -6-. 4. Drocs -AwoBuildin _g-, a Q -zi g C u r se. The City will process in due course and pursuant to City code, applications by Thuesen for bUlilding permits FOr two (2) single family residences in the plat. .3. L&Q0 "7'alto EE,,croy,% Within thftb/ (30) caler"dar days of the effective date of this Settlement Agreement and Release, the City will make payment into escro,,,Ai per Section H(D) below on behalf of Thuesen in the amount of $17,000 (seventeen thousand dollars) in settlement of any and all damages claimed or alleged, arising Out Of or related to any and all of the rnatters referenced iii the Section I recitals to this agreement, and specifically including, but not limited to, Thuesen's application for plat approval under City Fle No. S-05-09. Said'funds shall be released to Thuesen by escrow within twenty (20) calendar days of final plat approval. 6. Provide Du At its own expense, the City will place a dUmpster or comparable solid waste container at the N.W. corner of Reidy's property adjacent to 8th Street for a period of thirty (30) days from the date of this Settlerrient Agreement and Release for Reidy to place the shed, concrete and debris to be removed pursuant to paragraph A(3) above. Said clumps -iter or container shall be delivered for disposal at the City's expense. 7. Waive and Release All Ulalms.—The City hereby waives and releases all claims against Reidy and Thuesen as more specifically set forth in Section II(E)(1) below. D. Sequencing of Dismpssal of Litigation and Disbursement of Funds 1. Purpose. The purpose of this section is to provide for an orderly sequence for the performance of certain obligations set forth in this agreement. This section is not intended to address all obligations of the parties to this agreement and the parties agree to carefully review this agreement -to make themselves aware of the other commitments and obligations they have bound themselves to timely perform. 2. Provisions Subject to this Sectiiczt. The following sections ol"Uhis Settlernent Agreement and Release shat be subject to the provisions of this Section D: A(I) A(2) A(3) A(S) B(I) B(2) Cp 3. V r c,,J Co,Ifllc2 of I'InNti parties here' --o hava request 'I the firm of Weed, Graafstra and Benson, Inc., P.S. ("the firm' serve in the capacity ef escrow for purpose of securing the or o"erly perforrinance of the pry visi:ins of ti s Agreement listed in H(U)(2) above. I'--ach paity, hereto understan67', tihat the firM has IM/Edmonds/SETTLEMENT "rdR,7-EiVR'NT.Reidy.TFijfstil.FINAL,07.23,110 27- and continues to represent the City of Edmonds as special counsel in some of the matters and claims relating to this Agreement. The firm agrees to serve in the capaClq/ of escrow agent solely for the convenience of the parties and the parties acknowledgc, that they have been advised that without their express consent the firm would not otherwise ser,,(,-- in such capacity. The parties further acknowledge that they have beeFi advised of their right to utilize a disinterested third party for such escrow and by execution of this Agreement each party specifically waives its right to do so. Further, the parties vvaive any claim or assertion of conflict of interest resulting from the actic-,,r.,S of the firm in the capacity of escrow and in consideration of the firm agreeing to so act each party agrees to all of the terms, condil-Jons and limitations contained in this Seddo-1 II(D). 1 77; UR (waiver initialed by Eric Thuesen) &1W alver initialed by Kenneth Reidy) (waiver initialed by the City of Edmonds's Mayor) 4. R!, ght to Interplead; Dispute. In the event a dispute shall develop between City, Thuesen or Reidy or any combination thereof relating to filing of any Order of Dismissal with the Court, disbursement of funds, or any other act of escrow pursuant to the paragraphs of this Agreement listed in II(D)(2) above, the parties agree that the firm shall interplead the order(s) or funds into the registry of the Snohomish County Superior Court and such dispute shall be resolved in said court. The firm, before deposit into the court registry, shall be entitled to its costs and legal fees to commence, said interpleader, but shall deposit the balance of funds into the court's registry. The firm shall not be entitled to any other costs or legal fees, and no other party shall be entitled to recovery of costs or legal fees against the firm. E. Tulutual Release, Inderainification and other Mutual Agreements 1. Mutual Rejeasenmd D ischarge of AN a In consideration of each of the agreements of the parties set forth in Sections I(A)(B) and (C) above, each party hereto releases and forever discharges the others from any and all past, present, or future claims, demands, obligations, actions, causes of action, claims, rights, damages, costs, attorneys' fees, losses of services, ex tort, expenses and compensation of any nature whatsoever, whether based on to c, contL rab the state or federal constitutions, civil rights law, or other theory of recovery, includin, g but not limited to, claims under RCW Ch. 64.40 and claims for civil rights violations asserted under 42 U.S.C. Sec. 1983 & 1988, which they now have, or which may Hereafter ac -rue or otherwise be acquired, which are, or might have been, the subject of any lawsuit or claim, including any future claim of any party hereto or their representatives or heirs, which have resulted or may result from the alleged acts or omissions based Upon facts or events arising prior to the date of this Se-imtkament Agreement. Provi[Jerj, howr-wer, none of the parties to this Agreernent rele- se or disclea r�ge any future claims based upon facts or events arising after the daN--, of Unis Se'—de,.-rient Agreement, tV/---drr�onds/SE-fTLE�/il—N'f AGR--EEtAF-1�d'C,Reicly.Tliu,-sen.FINAL.07.23.10 -3,11 Triis "elease and disch..-,,,roe shall also Capplyto each of the parties' past, present, and Future officers, a' rneys, agents, servants, representatives, employees, predecessors and successors in niter Est, and assigns, and all other persons, firms, or corporations Mith whom any or Mahe for rner have been, ,--.,,re now, or may hereafter b--. affiHated. 1). This release is fully binding and constitutes a complete settlement by all parties hereto, their heirs, assigns, and Successors. 2D-eniall of It is understood and agreed to by the parties that this settlement is a compromise of several disputed claims and the concessions and agreements made by any party are not to be construed as an admission of liability on the part of any party, by whom liability is -expressly denied. It is further agreed that any payment or other- concession/re lease made in this Settlement Agreement and Release shall not be construed or asserted as an admission of liability, wrongdoing, or fault by any party. Each party shall bear their own attorney's fees and costs, including consulting time, incurred up to the date of the execution of this Agreement, including all fees and costs incurred from all matters which occurred prior to the execution of this Settlement Agreement or incurred in the negotiating of this Agreement and the matters and documents referred to herein. Except as otherwise provided in 11(D)(4) above, if any party commences litigation to interpret or enforce any of the terms or provisions of the Agreement, the prevailing party(ies) in such action shall be entitled to its reasonable attorney's fees and costs arising from such action. 4. Governing-, Laim. ThisSettl�ament Agreement and Release shall be construed and interpreted in accordance with the laws of the State of Washington. 'S�. AddlMonal Dacumrreariits. All parties agree to cooperate fully and execute any and all exhibits to this Agreement and all supplementary documents and to take all ad*: Monal actions which may be necessary, or appropriate to give full force and affect to the basic terms and intent of this Settlement Agreement and Release. q"Ip Third ="1amg'jC"5a-'r' is Except as may be expressly provided herein, this Settlement Agreement and se ' Jelea -ilit any R �'�j s for the benefit of the Parties here -to only and is not intended t bereI other person or entity, and no person or entity not a party to this S-ettlement ,',greennierlt and Release shall have any beneficiary or other rigthts whatsoever hereunder. � .Redd—hu F I d —h esenFENAL,07.23.10 -9- 7. Severab!ft- , S -h I S Clause. IL Should any part of this Settlement Agreerricrit and i",elea-se or a:Eyprovisioin, cor-itc-lined in this Agreement be rendered or declared invalid, -',-he invalidation of such part or portion of this Agreement shall not invalidate the reg naining portions there -of, The remaining parts and provisions of this Agreement shall remain in ftfll -Force and effe-c- . 3. Modific-a-Urns &b-1Lj�Ajidttgq A_qLqey meL 10 `h-. E_ qt The obligations in t1lis Settlement Agreement and Release may be modifies' only by written agreement of the parties; signed by duly authorized representatives of each of the settling parties. Any such modification shall not affect any other provision c4f- this Settlement Agreement and Release. 9. Entire Ag.Legaiien'It. This Settlement Agreement and Release and all exhibits hereto are fully integrated and constitute the complete and final agreement between the parties. All previous agreements, offers, counteroffers, and negotiations are merged herein. There are, no other or further agreements which modify the terms of this Settlement Agreement and Release. This Settlement Agreement and Release cannot be modified or amended in any way (except in writing as setforthin Section II(D)(8), above). 10. AuthoflW to ffindh In executing this Settlement Agreement, each party acknowledges that the person or persons signing on his/her/its behalf have authority to bind the party he/she/lt represents. Each party further represents that the person or persons signing on his/her/its behalf are competent and of lawful age, have been fully advised by counsel in connection with the execution of this Agreement, and that such persons do so freely and voluntarily. ILL.2bric ation of Ge, nod ra h and Fair Deaft.g. j - The parties agree that each of the parties is giving up certain rights, claims, alid defenses in executing this Settlement Agreement, ar,d each party hereby agrees to act in good faith in carrying out their respective duties and obligations herein. 12. KL2��_Idjnq,,- 1±10t&or�trnfl �ng. The paragraph headings included herein are for reference only are not 9 par' of this Settlement Agreement. The headings shall not control or alter the meaning this Settlement Agreement as set forth in the text. 13. in, Dprafn'dni. The parties have each participated and had an equal opportunity to participate in the drafting of this Settlement Agjreemr--,.-r,",. No ambiguit-y shiall be IAT/Edrionds/SETTLEMENT AGRLENIE-NT.Rcidy.Thtiesen,MiNA:L.07,23.10 -10.. co'nistrued against any pai-ty 1�)ased up.r3n, a claim that such party drafted the allgedly ambiciUOUS Mn-Liage. ' C n es s M crth — - i i HS Settlemen' Agr',em,-zmt s' all become effective irrinnediately folio,,Aring e.,<ecuticn by each of the parties. 1-- -5. -Ackno, r- C.ch of the parties her acknowledge by their signature below that 1 ---hey I iave 1 d the advice of counsel of their own choosing with regard to 'the meaning and Agreement and intent of this Settlement Release, and that said counsel has explained the full legal import of this Settlement Agreement and Release to them. 16. ountelpattjsEcar-trongic S! ii a Al This Settlement Agreement may be signed in counterparts and each such counterpart will be given the same effect as a single signed document; the signatures of the parties hereto may be transmitted via facsimile, email or other electronic means and sl"iall have the same effect as an original. Y-1 [I'D /Je, KENNE-1 H REIDY 4 —Z�� VERA RF-CDY DATE D: ERIC T1`UESEN DA TE D iH CHRIST UESEN /)-O�rj THUFE-S�`--Nil CUSTOM HOMiES, LL' -- By:— b'1A Eric Thuesen, Managing ivlarnber —i J— �0 CITY 0"F EDMONDJ' /xg Z Mayor y andt Chase;'h--e r k< I.TPROVED AS "I-0 FORM: BY: Grant Weed, WSBA #11243 Special Acting City Attorney for the City of Edmonds THE HONORABLE MLkR�S'HA J. P E -C TMAN 7 UNITED STATES DISTRICT COURT WJ,'STERN DisTRicr OF WASHINGTON 8 AT SEATTLE 9 KENNETH E. REIDY and VERA H. REIDY, No. 2:10-cv-538 husband and wife and the marital conimunity 10 composed thereof, STIPULATION! AND ORDER OF' DISMISSAL 11 Petitioners, VS. 12 CITY OF EDMONDS, 13 14 Respondent. 15 STIPULATION The Parties hereto, by and through their counsel below, stipulate, and agree that this 1 1 Z:> mal -ter may be dismissed with prejudice, ).vith no party recovering either costs or attorneys 7 18 fc e- s. 19 DATED this day of july, 20 10. 201 211 By________ j K7 ETHE. PXIDY, 'Plaintiff Pro Se 221 23 B, VEDIL4 ll, RIFIDY, PlaintiffPro Se 2431 ? C L11014 FOR AIN MD ORDER OF DISMISSAL - I BUCKU :,T S'VTCo---%,lkl'CK, -TNC.,�'-F.S �TTPUI AT G:\I.Edt,,ionds\,,;tipLila',ioii and order of clismissal. Reidy v. Al TP2,4EYS AT LAW Edi-nonds.doc 800 FIF1 H AVENUE, SUITE 4141 SEATTLE, VIASHINGTOt-' 931043175�JE P[qo: (2206) 62'1 "61 FAX: (206) l2a-9423 KJEATING, BUCKUN &?4cCts 7U,/.[YkCK, INIC., RS. STr-,P-H,-VNTIE E. C�`ROLL, WSBA #18005 4 Attorneys for City ofl—Edmorids- 5 6 The paiaies having stipukated abovc, ihe dismissal of Us action; NOW THEREFORE, 7 8 IT IS HE.I-'<-FBY ORDERED, adjudged and decreed that this action be and the sane; 9 is hereby dismissed with prejudice, and no party shall recover costs or attorneys fees. 10 DONE IN OPEN COURT this day of ---)2010. 11 THE HONORABLE MARSHA J. PECHM,,-VN 12 13 Presented by: 14 KEATING, BUCKLIN & McCOPMACK, INC,, 11I.S. 15 By 16 STEPHAINIE E. CROLL, WSBA #18005 17 Attorneys for City of Edmonds Copy received; notice of presentation waived; 18 Approved for eiitrv: 19 By__ 20 1 KE ETH E. Plaintiff Pro Sc 21 22 23 22 . STIPTUTLATION FOR AND ORDER OF DISAUSSAL - 2 K.RATING, .DUCKY .JN?kMCC0MW,,C1(, INC., P.S. GM.Edmonds\sfipulatior. -',nd Order of disrnis-,a[.Reidy v. ATTORNEYSA.TLAW Edmonds.doc 300FIF�IHAIJENUE,SUITF.411.1 - 71 T EAT -E, WASHINGTON 981042175 P! f0W: (206) 623-0361 FAX: (206) 223-9423 CITY OF'EDMONDS' 121-5)Tlil AVENUE NOI�TH,EDDMONDS, WA 98020 PLANNINiG -'1D'GVfB10,y-,T -1q'TNDfN;f-,',S, CoiNCLUSS'ONS, AND DrECTSYOT,� To— HIS 9-0776 From: Make Clugston, Pfanpv;�r D,-, Ice: Novemiber 27, 2007 .Fwle9 S-07-76 Applicant; Edo D, Thuasen TABLE OF CONTENTS I. WTRODUCTfON ......................................................... 2 A. Application .... -- ............................... ............... ............ .......................... ....... ... . ... . ..... ---2 B, Decision on Subdivision ...................<................................ 2 IT. FINDIN08 OF FACT AND CONCLUSIONS � ................ ---- .......... — ...... ................ 3 A. Compliance with the Subdivision Oxclimucc ............................... ......... ......... 3 COMP118noo with the Comprehensive Plan .... ... _._ .............. ...... -- ............. ........... . ......... 5 C. Analysis of Modification 1�cquost .................................................... .................. ............................. 7 D, Compliance with the Zoning Codo---- ................ ........................... ...... ............... __-_7 F1. Compliance with the Flood Plain managoment Provisions............................................................. 7 F. Unvironmonfal Assesstr)ent ....... .................... - ............... . ...... -- ............... ........... ............ 7 G. Critical Areas Review .. . .... . ........... ... ........... -.'— 7 H, C0MTnQn:tb ... -- ... -11-11 ...................................................1................ ...... ....... —7 Iff R1 CONSIDERATIONS AND APPEALS .................... ......... A, P,equcst for Reconsideration . ...... --.— ................ -- ............ a. Appeals .................... * .......................... * ......................... * ............... .............. 8 C, Time Limits for Rocomidpration and Appeals ....... ...................... — ...... ........ ........... IV, LAPSE OF APPROVAL .......... ....... V, MOTME TO COUNTYASSESSOR ........... ........... .......... V.T. APPENDICES... ........ _ ...... ..... — ....... VIE PARTIES OF RECORD.,...,........,..,,..,........,.......................... Thuesea Short Pial, Fik, NO, S -07-7t, page 2 01 9 The an P lican't is proposing a tiurao-lot short plat of a previously approved two -lot short plat at 509 91" Avenue I Nforth (Attachment 1), The site is located in a SLnglo-Family Residential (RS -12) zone that allows lots with 4 miul-mum area of 12,000 square feet (Attachment 2), The proposed lot layout is shown on the subdivision map ',Attachment 3). The e=xisting residence and garage will remain on proposed Lot L RM-Mant to the Sottlemant Agreement and Release (Attacirment 4), the City Is reviewing the current dF,,vofopmcqt application against the City of Edmunds Community Dow-lop-ment. Code as it axisted at the vesting date of the original application on January 13, 2005, The ourmnt devoloptnont application was determined to be complete on October 17, 2007. AAppfic"ation 1, Applilgant; Eric B. Thuescn 2, Site —Lo-c-ainn: 509 91h Avonua North 1!W-11 u�t: To divide two lots with a total area of 45,037 square foot Into three lots In a Single - Family Residential (RS,. 12) zone, 4, Following the Comment Period, Planning Staff makes an administralive decision, a. Compliance with Edmonds Community Devolopmont Code (ECDC) Section 16,20,030, site development standards for the RS -12 zone, 6. Compliance with Bdirionas Community Development Code (ECDC) Title 18, public works requirements, o. Compliance with Edmonds Community Development Codo, (ECDC) Section 20,75, subdivision requiromenta, d, Compliance with Edmunds Community Development Code (RCDC) Section 20,95, staff review requiromonis, Note: All code sections referenced in this report can be viowod via the City's website at B. Decision on Subeffijsjon Based Upon the Findings of Fact and Conclusions, and Attachments submitted with the application and during the comment period, the fallowing is the decision of the City of Edmonds Planning Division: V, The subdivision 89 Proposed Is APPROVED with flw following cojj(jflovig I Prior to recording, the applicant raust complete the following A) Civil plans must be approved or a bond must be posted for their completion, In completing the civil plans, tho applicant must address the Engineering Divislo-o Conditions listed "Required Prior to Recording" in Attachment 5. b) IN/1 akc, the following revisions to the plat; (1) Add to the ffloa of the Plat: "Conditions of approval must bo mat and can be found in the, final approval for the short subdivision located in File 5-0776 in the City of BdmDnds Planning Division," (21) Include on the Plat all required information, including owner's cerdfloadon, hold harmless agreernent, and staff's approval block. (3) ffsotbaoks are to be included on the plat, add the following statcniennt to the moc; of the Plat., "Setbacksvhowri are for reference on!--, and Vest no right,,' 0) -Make sure all docurnents to be recorded trioct the Snohomis-h County Auditor's reqLiheroants, for recording, including all sigpvtcros in black ink, 71'wf"S'm sh)"t fiat Fit-, No, S-07.76 PaP3 00 d) Albmit two Ooplk-s of the doca-munts to be recorded for fire Planning DiViEioa and Engineering DMSiDn's approval. Once approval, rho applicant must record tha documents vpiffi Snahonn!ah County Auditor's offloo-, c) Submit an updated cop), of &-' title report "ShoYt Plat certificate) with the do'-uracra's proposed to be recorded, 2. Atter recording the plat, the Rppllcam must complat,, the Collowing: a) Provide the City Planning Division with fliroo copies of the recorded plat, with the recording number wpitten on them, The City will not considor the sobdiviaion complete until this is done. b) Complete the Engineerieu Division couciftion3 iisted "Required with Bifilding Permit" on Attachment 5, C, Decision on Madiflention Request Based upon the Findings of Fact and Conclusion,,,,, and Attachments submitted with the application (m -nds Planning and during the comment period, tho collowirIg is the clooisioll of the City of E 1 0 Divisiow The Modification RoqueSt to reduce the nfluirmim required castern Setback for proposed Lot I from 10 reLf to 5 fact is DIEM, )D' V. ITINDINGS OF FACT AP,,TD CONCLUSIONS A. COMPE'ance With the Subdivision Ordinance 1, Introduction a. 3effing; The subject property at 509 9'4 Avenue North is IoCQW In the Single-family Rosidonthil (M-12) zone and is sun -o unclad by similarly zoned and developed lots on the north and cast (Attachment 2), A church and its associate([ open spnoo are adjacent to the subject property On the West. Pat -cols to the south are zoned RS -6 but developed similarly to tho 8842 areas due to local environmental oonstraint'% :LDP-WI'pAY and—V Mqtattin:cn The subject site is fairly flat on t1le aqMM Mid western odg0s but slopos downward steeply I "'Om east to west in the middle of dho pElrool. Vegetation consists of typical urban-rosidantial hIndsOaPing, including grass, trees and shrubs. a, Lot UI — o:it; The proposed lot layout is shown on the Pl-ulifninal'y Plat snap (Attachment 3), Proposed Lots I and 2 will be I -lag lots, Lot 3 will front ou 8"' Avenue M Lot I will gain aocass froth 9"' Avenue N ming an existing easement, Lots 2 and 3 will gain access via 81" Avenue N and Lot 2 will have an access easomant on Lot 3 (Attachment 5) a. Section 20.75,095 of the Edrronds Community Developmont Code states that WhOrk" ow0romment'll resources exist Stich as h -co -S, stroaMs, ravines of wildififo, Tho, proposal shall be dosignad to minimize signif"cent adyelso impacts to the rosow-=. Tho subjoot parcel colytalm several largo trees, primarily on Lot 1, The applicant is encouraged to retain these. A sm--,ll isolatod wetland existed on proposed Lot 3 but was permitted to he -filled through RPM -0y,11 11'rom the IVQshington Stato Depwuncnt of Boology (,Attachrnert 10). b. The proposal shelf be designed to minimize grading by using shared driveways and by rotating street, house afto and lot ( P6oeMont to 60 existing topography. The proposal M111"Mize-S grading by u&ffig a shared drivoway for Lots 2 wid I Lot placeraerat gonerafly follows Topography and proposed house site placement does as (Aaac'hrnont 6). 7hosen Sh'Plat Filc NO, 3-07-76 Ng, 4 o A subdivision of hazardous MM (flood plains, steep stopas, unstable soils or geologic cold -tions) shill be darried unless the condition. can be permanently corrected. A steep sIopc hn&ard was i&naiflod on the site (Attachment 7). According to two geatechrieel m-pcits (Attaoitmcnts b acid 9), the Slope is stable and buildable, d, The proposal shall minfinl= offslto impacts to drainage; views, and sa forth, A dvaina,'g, plan must be submitted to the Brigincoring Division prior to recording the short plat and/or when a building permit is applied for on this site. All proposed development on the site lnwa be designed to aiaot currant coda in order to minimize orf site drainage impacts. Bocauw of the sloping nature of the parcel, local views should not b, greatly inipacted when Lots 2 arld 3 nre developed, I Lot vi�icl Street ell This criterion requires staff to omm.ina whether the proposed subdivision is consistent with the dirnansional roquiromonts of the zoning ordinance and that the lots would ultimately ba buildable, .'Basad on a review of t!jo project and the analysis in this section, a throe -lot short plat is a reasonable use of the property, b. Lot sizes and dimensions; Lot Area: Required Proposed Proposed Lot Area 0 I-Dss s , ft T het scp, ft Lot 1 12,000 19786 19,786 Lot 2 F—ITO 12,02 12,022 UQ F 12,000 13,229 1 " I Lot Width, The roquirad lot width in the RS -12 zone is 80 foot, Tho proposod lots appear to moot this requirement. 4. 90 -backs mid Lot Coverage 11, In order to approve a subdivision, tho proposal M118t meet all requirements of the zolling ordinance, ora modification must be approved. used on the development standards for the RS- 12 zone, setbacks for the lots should be as -follows: La)U, Ali side setbacks (lo feet) UU2; All side setbacks (10 feet) Let ; Street Setback (25 feat) from the west property line adjacent to 0' Avenue N. Side Setback (10 feet) on north and south property lines Ron Setback (25 feet) ftorn t1w- east property line FxNtffig Structures / Uncroachrnents: The existing residence and garage, on Lot I will remain. When approved in 2005 (8LD20050141) and its renewed In 2007 (BLD20070321), the garage on Lot I wiis sited with R redwood 5' rear (eastern) property Bine setback which is allowable for accessory structures covering loss Vial 600 square feet. Tho pynyjou3 subdivision application (S-05-09) made this structure non -conforming since Lot I is a flag with lo, propojV lino solbac?s. The modifloptiwi res nest associarecl with this subdivision application is seeking to roduoo the required 10' setback to 155' tri order to make the garage a conforming strmfuro. CortlarLots: Heiffier of the proposed lots are considered cot nor lots, b-, Flag or Nterlor lot determination; Lots I and 2 are flaR let's, DI Lot CoVorage, of Existing Buildings on Proposed Lots: The house and garage on L-," 1 wid remain arid eoyar approxjunate iy 16,5% of the la Thera are currently r strrcirrzs on ThucsOn SGrt �Iat , Pit,- No. S.07-74 Pap 11 G'9 proposce, Lots 2 ,,,nd 3 and therefore ,;I, -y hm,,e, z3ro lot covemoc, Any Future baffdi'' 'g or stir 'lc4turcs 'M !I be aIlowod to cover no more than 35% of either lot, 5, D'-dHcat,(,,-ns a. No lodicatioris -yvova required for the proposed subdivision, 6, irn provonn 0 "1 ts a, See. Engineering 'Rcquiremonts (Attachment 5). fl, This Project is not located in e. ':EMA designated Flood Plain, ConlPH'arme'vvith the con-Aprehells;ve.Pfian. cornpre;lmsive Plan GG'Aacrd r(fflejes., The Comprahensive Plan has tile following stated goals and policies for Residential Development that apply to this project, Residential Development D' Coal, High quality residential development which is appropriate to the diverse lifestyle of Edmonds res-1dows should be maintained and promoted, The options available to the City to influence the quality of housing for till citizons should he approached veallstically In balancing economic and aesthetic consideration, In accordance with the fol lowing policies., 3J. Encourage those building custom homes to design and construct homes with architectural linos which enable thom to harmonize with the surroundings, adding to tho community identity and desirability, , B-3, Minimize encroachment on view of existing homes by new construction DY additions to existing strooturos. B4. Support retention and rehabilitation of older housing within Edmonds whenever it is economically feasible, M. Protect residential areas from Incompatible land uses through tho eareXhl control of other types of development and expansion based upon the following principles: B.SA Private property must be pToteaod from adverse environmental impact's of davolopmout including noise, drainage, traffic, slides, etc, B.6. Requiro that now residential dovd1opmont be compatible with the natural constraints ofslopes, soils, geology, vegetation and drainage. 2. Compijanoo with the Residential Development goals and policies: The proposal involves creating L,No new single family building lots, thereby Increasing the potential amours: of housing within the City. 'rho, development of the parcel i-nust Mice into oonsldovatlon the presence of the steep slope hazard area on The parcel. Ihwe3zn Short Pi It H6 No. S-07-76 Pip 6 of 9 zoning ordinance would deprNa, the owner of use -,ight-11 and privileges permitted to other pmp,,rdos in tb; Vicinity with the Same zoning, Special Girclinstances shoidd, not be predicated upon any factor personal to the owner such as ago Or d"SaUay, extra, cxpr,,rs3 which may be necessary to comply with the zoning ordinance, the ability to secure a soollic view, the, ability to make more profitable use of the property, nor any factor resulting from the action OC the ow rior or any past ov'Ror of the sane property. b, SpLcial Pre yj1eegL Thatthe approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning, c, Cam rahensive�an anti -zonin, �Orditlancw That the approval of the variance will be consistent with lho intent of the comprehensive plan, the 7aning ordinance and the zoning district in which the property is located. d. Int l7otritncnta That the variance as approved or conditionally approved will not be signifloantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and the same zone, That Tho approved varianco is the minimum necessary to allow the owner the rights enjoyed by other properties In the vicinity with the same zoning, 2, The Applicant has presented cleclaradons as to the merits of his proposal (,see Attachment 7), 3, Addlitlowl) Findings; a, Prior to any subdivision at the subject address, the parcel was rectangular in shape and extended from 8"' Avenue North approximately 410' to the eastern property line, When tho house and garage worn approved in 2005, the eastern property line setback was 25 foot, Twenty -rive foot is the, standard roar setback Ili the RS -12 zona. Because the garage was a detached accessory structure Of loss than 600 squame Peet, the 25' roar setback was reduced to 5' per ECDC 16,20,050,0. A two -Tat subdivision was then proposed and approved. The portion of the original parcel drat -contained the houso, and garage were des igried as -,; fl-ag lot. Flag lots have all side setbacks —10' In the RS -12 zone, The detached garage had previously been approved with a reduced 51 setback and through the process otsubdivislon, Cho setback booamo I G', As I result, the garage became, a non -conforming structure beGwasc it did not moot the setback requirement of the newly created lot. 4, Conclusions - 11 The applicant does not have a special circumstance. Tiho g,-Trago was originally a�rprovod with a reduced 51 roar setback fiom the eastern p-ioperfy line per BCDC 16.20,050,C, The applicant then created the non-coaforming oirournstanee by himself whorl hcsought a subdivision that resulted in a change to the eiltire, Qastoj-p sctb,,ok of Lot I to 10'. b, The applicant would be receiving Special privilege ifthe modification request were, approved, Reducing the entire eastern setback on Lot I to 5' is not. in keeping with any other newly created lot (flag or otherwise) in The RS -12 zone, The only setbacks that' may be reduced Pro rear setbacks and that is only for accessory structures covaring less than 600 square foot. 01 The Comprehensive Plan Is largely silent regarding proposals of this nature. Gonoraily spoaMng, Creation and retention ofsIngle-fFinfly homes is cnqouragod wMla Intrusion of views and privacy is discOuragod. At the same drcr�, the proposal is not consistent with the coning ordi-.qatjt,,c:. While the detached garage on Lot I Is a nori-conforming structure, it may be oontimiod, maintained and evc-ii rebuilt in some oirour-ostamcps according ECDC f7AU20Ro&ving an existing setback to make a rlon-ronlloi•mffig building into a conforming buildini,g, is not the Intent oftho 20mt)& or dinance. On the oor�&ary, ovine are usually requirod to ibring such atructurQs into compliance with tha existing zonLng Code, Thue,svif Shor, Plat Fika Flo, Pug-, 7 of d, Vyqufo somewhat uncertain, the proposed modif-ication could be dctriruantal to proper -,,Y 01mueni In Iffie immediate vicinity, If granted tits modification, the tpplicFnt could conceivably bilild a 25' residential structure to tho 5' property line setback, This could be inin-lous to the property or irnprovcint-,yas in tho,/IcMily, Public, health and safety would not he afTocied by the proposal. 0, Reducing the ondro property line setback of Lot I from 10' to 5' is not the rmnimum necessary to make the detached garage a conforming structure even if thamworo rocornry-1-on clod or required by the zoning code, D"empliallep, with the zoniag Code A- A The proposed subdivision must comply with the farevisions of Clio Zoning Code, See Sections ff,A.3 and TT,AA of this document, R Complianee with the Mood Plain Management Provisions I, The proposed projoct is not located in 2 ]'load Plain, F, Assessment L 18 this sito within a shoreline ara,,i (within 200 foot of the ordinary high water mark of the Ptigot Sound)? No, 2. Is an Envirournontal Checklist Roquirod for this application? No. If more than 500 cubic yards of grading will be required, an Environmental Checklist is required, At this point, the total amount of grading for Tho subdivision improvements is not anticipated to exceed S00 cubic yards, If through review of the civil plans, it Is dalotmined that more than 500 cubic yards of grading will be necessary, the City will require an Environmental Checklist to be submitted and will issue an Environmon'tal Dotenuination, G'a Critical Areas P-leview L Critical Areas Review xz um bail: CA-0I-67(Attaohmant/), R a —su I tu Lf ; This reviow was conducted un&,,x the Critical Aroas cods that existed prior to January 19, 2005. Critical Areas code `gas subsequently updated in March 2005, A critical areas Mudy was requir©d duo to the presonco of a possible stoop slope hazard pursuairt to rCDC Chapter 20,15' (the controlling critical areas code at the time), The applicant submitted two gootechnical reports (Attachments 8 and 9) describing the hazard, Both reports Indicated that the slope and soils on the lot were stable and that porno constrtlotion on the parcel was viable from a geotechnical standpoint, Milo not identified during the initial critical irons roylow, a small wetland was subsequently lelondfQd on tho western portion of the stibject parcel, This -wetland was delineated, classified and mapped. Because of its size, the wetland was not regulated under tho City's Critical Areas ordinance at the time of the initial subdivision application. The applicant eventually sought and received approval to fill the wetland from the W"liffi-ton State Department of Ecology (Attachment 10). 17 --n ments 1", cog Ono public corrunant Jettor was rocoived during Mo reM(5,,v of this proposal which N included as Attachment 11. I, Vivian Olson (503 9"' Avenue NI) had conccrn8 about the proposed modification request to reduce the entire oastora property lime setback of proposed Lot I from 10 feet to 5 feot. Thuas, n Short phi:� H8 ,lc. S-0 -1-76 hgt; 9 oN I ' R T 817DEIZAiTICONS AND AD -PE -ALS' 2- Tht following is a summary of the deadlines and proccd-arcs for filing reconsidtjrations amd appo&Js. Any Persc,n wlshmg to File or respond to a reoonimcndaticm or appeal should contact tie Planning DC.Dartnl-wt for fbrther procedural infol,madon. A. Request for Reconsideration Section 20, 100,01 0.0 allows for Cifystaff to reconsider their decision if a wriu,'on re guest is filed within ton (10) working days of the posting of the notice required by this sectian, Tho reconsideration roqu,-st MUSt Cite sped f10references to the findings andJor the critorhi contained in the ordinances governing the type of application being reviewed, B, -AppealP S,,otion 20,10.1.010 and 20,105,020 describes how appeals of a staff docislon shall be rna(Rj, The appeal shall be made in writing and shall include: ilia decision being appealed along with the name of the project, the date of the decision, Ilia 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 roust be -filed with the Comninnity Development Director within foutoon (14) calendar days after the date of the decision being appealed, Tho time limits for Reconsiderations and Appeals iun concurrently, If a request for a reconsideration is riled before the time limit for filing an appeal has expired, the time "clock" for Filing an appeal is stopped until a dc;aision on the veconsidoration request fs completed. Once staff has issued a decision on the reconsideration requost, the: time clock for filling an appeal continues froin the point it was stopped, For example, if a requost is filed on day 5 of the appeal period, an individual would have 9 n-ioro days in which to file an appeal after staff jSSUeS a. decision On the 110considoration request, M LAPSE OF APPROVAL Section 20,07S. 100 states, "Approval of 0 prellmimiry plat or P1,01indnary short plat sliall expire and have uo further validity at the end of five years, unless the applicant hasaoquived final plat or final short plat approval within the five-year period," Vt-�YOTIC,'�i,'TOCOIUNI'YASSv-tSSO-R The Property owilor may, is a result of the decision rendered by the stall", reqtiest a change in ,he valuation Dfthe property by the Snohomish County Assessor's Office. V'1`APPENDMES I , Land Use Application, dated August 31, 2007 2, ViQlnity /Zoning Map 3. Preliminary Plat Map, rocciVod October 9, 2007 4, Settlement Agreement and lklclaaso, approved July 24, 2007 3, Briginocring Requirements 6, Preliminary Grading, Drainage & Utilities Map, r=,,WodAogiW 31, 20017 7, Applicant's Statement for Modifleadon Request 3. Critical Areas Determination (CA -01-57), dated Yly 1, 2001 F. Preliminary geotechnical evaluation by Dennis Bruce, PE, dated OctDber 14, 20,11 Go-otachnica I and drainage evaluation by Dennis Drvoe, PE, dated January i3, 2005 F il. Corps of Eagirows letter to the applicant regarding ilia wollpnd, August 17, 2007 12. Corrimen't letter !fpmVivianOlson, dated Novombor 8, 2007 t osi, n S ha :P P TI 9\2 P, -tmr/ 0 r -w n Sym L -a Thuesen m w Divisia, 30J 9"' A -ver -ma North Engineering Divisioil E EMMOIlds, WA 98020 puks and lzecmfioll publio V/om D(,pattmemt Vivian OlSon 503 9"'Ava,,jtja North E R -dmonds, WA (,18,020 CffY OF EDMONDS 121 .- STH AVE NUE NORTFH, E I)MOND-S, WA 0302 0 PLANNING DIVISION AT _IZE-C-ONSMEIR-ATION DIECTSTON To Ede and Christine Thuesan F�,-om: Mike Clugston, Phuuicr —,k—; YanuaV 16, 2008 File: S-07-76 14PPIMYNGS OF VACT AND CONCLUSIONS' 1) Ms, Thiwscn bled a request for roconsidoration of the decision on short subdivision file S-0. 76, Th6 doctsion was mailed on Novembar28,2007,and the, recorzsidsrationceq rest arrci fbe, wore r000ivcd on December 6, 200'7 (Exhibit A). The applicant raquo'stod the City's response be delayed uxitil such time that Mr. Thimsen returned to the statc, on or about Im-aary 15, 2008, The applicatit agreed to Waive the RM -required 90 -day review timeline to enable, this .request, 2) The iissvos to he r6consiclored are several: a) The Engineering Division roquixoment for a shared drivexvay far Lots 2 and 3, 1)) Denial of the, modification request, o) Decision Condition L&LU –"If setbacks are to be included on the plat, add tho following statement to the face of the plat: `Setbacks shown aro for roforenco only and vest no right,'" Applicant claim8 dais condition is vague and requires clarification bofbi,c applicant C,,m detemine propriety of Condition. 3) Response; a) The Engine-, zing Division has reexamined the access issue, for Lots 2 and 3 in light of the, request, Due, to the low volums of trafflo on 8'n Avenue and tho relative grade of the s he mit rapoNtlons of Lots 2 and 3, Euginae,ing has dctemncd that a shared ac(,-oss ;tri sway :Ccr Lots 2 and 3 is not roquzied. b) The Evpplioartsubinittod a modification request with S'-07-76 to reduce the eastern moperr j live sltbadk of Lot I -horn 10' to 51. The intent of the request Zeas to make. flhc oxYsTlffig d(U:chod pr<iggo a comPor-ming stfuctLire with respect to ourront zoriffig, Tho, -was 0.0aiodbacauso It did not satisfy till o'%thc vatianocxhcria nocossav/W appircvc� a mod-H-41-catiolt Thuosua Pilo No, -S-07-76 Page 2 of", ha ;he reconsideration, f_heo applicant has presented additional ax -planation in Support, ofth-0 11-todi-flcation request, lloweycr, the jsstjes described in th,o staff report have not chanced with respect to the modiflwion request, The detached garage was initially approved With a reduced rear setback of 5'; this sotbaok became a 10 -fool setback: -Aon the, applicant later silbdivided the property (Staff Peport, Page 6, tq3a and #4a), The choices to build a d-�inchcd garage and to subsequently subdivide the property were both solely the applicant's, While the garage is ourroutly non -conforming, it maybe used, maintained and oven rebuilt -to some. extent according to ECDC 17,40,020, lftN,,garage was dfirnaged in excess of the 5010 threshold defined in 17,40.020, it would have, to be reb-adt to comply with the zoning code, It is possible -that site conditions would not allow rcoonstruo'Non of a detached garage. however, nothing would procludo an applicant frow 0 rebuilding it as an attached garage, asstlr ring it mot 211 other zoning requirements. c) An applicant determines whether or not to includo zoningqetbaolc information on the final plat, If he so chooses, the -vesting statement must appear in order to inform future owners that the plat indicates the setback req droments at 6o tine of subdivision only. Setback requirements applicable to a given parcel =, change far' a 1jumbor of roasons: rezoning, subdivision of the, parcel, applying for certain kinds of building permits, etc, Fulture ownors are not bound by the property line setbacks shown oil a plat unless those setbacks ilro agreed to in a development agreement as part of subdivision review and RECONSM, RATION DRUSIONS 1) The Willost to allow for two saparato driveway accesses to Lots 2 and 3 is approved, The for the short subdivision have been modified accordingly (Exhibit B). Tho applicant must submit revised civil drawings for tho Short plat and must comply with Engineering requircroonts, 2) The donial of [lio modification request is affirmed, 3) If thp, applioant wishes to show gott,)Rck information on the Final Plat, Decision Condition I.D. I .M xoquostod for the face of the plat "Setbacks shown are for reference only and vest no right" shall be amended to road "Setbacks shown are fox roforenoG only atid -vest no right, sub et'Co dls terms of the, Jtaly 200'7, settlerner2i a raerxrer2t for this prop�rty,'y Tire Wirral Plat shalt indicate the applicable 10' Property line sctbacic along the entire length of the Castes bo uncinry of Lot 1, Entered this IO'day of Janua:ry, 2008, PUTalant to the authority granted to staff under Chapter 20 95,0503,2, Mike, Clugston, Planner Thumn Reuasidcralioa Rc No. S-07-76 Pap 3 A13 APPEALS The following g is a summary of the de ad I ines tend procedhxas fbv Ii ,- appea,Is. Any parson M.-hing to flic an appeal should contact the Planning Deprtmont fb-Purther procedural i nfomfiRtion, Section 20,095,050,133 describes how stawil of a appeals I y decision shall be made. The appeal shall be mad-, in writing, and shall include the decision being appealed along with the naina of the p,-qjtcf and the date; of 'the decision, the name of the individual or group appealirig the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal mst be riled with the CornmurAty Development Director within fomle.on (14) calendar days after the date of the decision being appealed, RZECONSWERATWN E MIMTS, The following reconsideration exhibits were offexod and entered into the record; A. Request for Rcconsi(joraflon from Christine `,rhuesea, dated December 6, 2007 B. Amwided. Engineering Requirements, dated Tanuary 16, 2008 PARTIES OFRE'CORD: priu and chdstir)p Thueson 509 9'4 Avenue Noilh Erfitiowls, WA 98020 vfvi,qrj Olson 503 V' avenue North Edmonds, WA 93020 Deana Kolougkov4 Johns MOX11,C)o Mitsump BoMAJold Office Park Aldt,ivood Building 1601 114th Avoiitie S.E. S(IR0 110 Bellevue, WA 98004 Maiming Division Enginooving Diviqioti Exhibit - too allfps Mg balm nit AVw if. plot I I Ing %" kd I ra ';, %� bj I NOW L �ovrww DL rarrM Jig Win' "M a All all N9 zoo Ingw I I I f I as 't OF ke L " ;j W , mow A T VA balm plot 11-R 4 Ing to I Ci 8,TY AVEMUE, Y� note R Pam 11 HUI lt� pal If A "I sail M PHI 9110 r,l SAN 2t 147,11 s. U, -iTTFL FTONTOPZABLE �,JARSIHA J. -P-SCII-DAW 2 3 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEA'.1"ILE ICEINN1,11B E, REIDY and VERA I.T. REID.Y,l No, 2;10--o -538 husband and wiBc and the inarital co-mmunity 10 coruposed thereof, S"T"IPULATION AND ORDER OF DISMISSAL JI Petitioners, V3. 12 CITY OF EDMONDS, 13 14 Respondent. y .15 STIPULATION 16 The Pard--� hereto, by and dwough their counsel below, stipulate and agree that this 17 matter mhy be dismissed with prejudice, with no party recover-h-ig ei.tlicr costs or attorneys is :Fos. 19 DA.TRD this day- of Yuly, 2010, 20 21 By ""ENNT-TH E. REMY, Plain-fif V Pro Se 22 By t2 U -Pliarltlff P, 23 ilo 00 2 24, 'IT I KEATNG, DUCKLD, ,T &-,, NIcCORMIA CTS, INTI, p.S, 2 BY_ STEPHANIE E, E, CROLL, WSBA #18005 LI. Attorneys for City of Edmonds RDE 6 `T`he paxtics raving stipulated above the disco-issal- of this action; NO'W 'T HERR OT2E, 7 8 IT IS TIERED Y ORDERED, adjudged and decreed Haat this action be and the same 9 is hereby dismissed with prejudice, and no party shall recover costs or attorneys fees. 10 DONE IN OPEN COURT this day of2010. 11 TATE HONORABLE MARSHA S, PECHNTAN 12 13 Prescntcd by: 14 KEA.TING, 13UCKT TN 86 McCORMACK, INC., RS, I 15 By 16 STE FIANIE E. CROLL, WSBA #18005 Attorneys for City of Edmonds 1'7 Copy recoilrod; notice of presentation waived, 18 Approved for entry: 19 20 KENNETH E.F-TD'Y, plaIndf pro Se — 1 By VERA 11 REID Y, PIxinti l'_Pro Se- 22 13 1 -1 2 3 If 4 5 6 IN T1-7ESUPERTOR COURT FOR SNOHOMISH C0UNTY,'WASI-ffNGT0N' 7 KEM4EITI-I E. REIDY and VERA. H. R_EIDY, Case No. 09-2-03815-3 hu,A)and and wff: and the marital conununi[.y 8 composed thereof, STIPULATION AND ORDER OF DISMISSAL 9 Plaintiffs, to V31 ERIC THUE SEN CUSTOM HOMES LLC, a Washington Limited Liability Company; and 12 .ERIC THUE SEN and JANE DOE THUESEN, husband and wife and -the marital comintlafty oornposed tho-reof 13 Defendants, 14 15 16 S'T TT'IJLAT10, N' 17 The Parties hcreto, by and -through their co-imsef below, stipulate and agxeo, that this matter may be disrnissec.1 with prejudice, with no party recovering ofther costs or attorneys k c-, A DA -1 ED this clay of July, 2010. 21 22 23 =L,L-TN1ETH E. REID'1, Plaintiff Pro Sc 24 By VJERA Ef ,5 f Ei _'R_EJDYP1 liffProSc JOIF �A-ONTROIE N111rK 2WAGA, PLLC By_____ DI UA'�A T. ITCOLOUSKOVA, WS����J2 4 1 Attoracys Defendants In, R, R 6 The partics hav,".r.19 stipulated above the dismissal of this action; NOW THEREFORE 7 IT IS 14FREDY ORDERED, adjudged and decreed thatthis action be an.d the sLync is hereby 8 dismissed with prejudice, and no party shall recover costs or attorneys Ices, 9 DONE IN OTIEN COURT' this ____ day of 2010, 10 11 12 COURT COMMMIONER 13 Presented by: 14 JOHNS MONROE MUSUNAGA, PLLC is 16 By DIGIANTA T. KOLOUSKOVA, WSBA #27532 17 Attorneys for De.foridants 18 19 Copy received; notice of prc-so'-utation waived, Amoxovad for OT)ty" 20 21 1,CENNETH R R-TERDY, Plaintiff Pro S-1 22 , 23 By VERA 1-1. REMY, Plaitiff Pro Se 24 Ir �'='C.l e , e 1� 0 M,'cad 02: 59:05 Q7 -2i-2310' 5 -M 1,3"89 AJC R c t SOG9-8 4,43? , 03/04 DELET'S,D, 2 It 3 IN THE SUPERIOR COURT FOR SNOHOMISH COUNTY, WASHINGTON ERIC Pnd CHRIS THUESE7N, a, juar! tal Case No. 09-2-04274-6 com-mi,mity, and -ERM TAUE,SRN CUSTOM MES, LLC, SffPULATfON AND ORDER OF 9 DISMISSAL Plai 10 Vs 11 CITY OF EDMONDS, a Washington municipal corporation, 12 Defendant, CUSTOM i Imumcipal 13 14 STIPULATION 15 The Parties hcveto, by and through their counselbeloiv, stipLilate and ag.reo -Chat this 16 Xllatte-v may bc dismissed with prejudice, with no party recovering ej-tj-jpr costs oriftolneys fo e S DATED this day of J* Illy, 2 010, 19 20 JOEWS N1`01NROE, MJTSUNAGA PLLC 21 22 DUANA 7'. KOLOUSKOVA, WSBA #27532 23 Altonnqys fox N.,qAntjfxl 24 25 1 I OGD+1N MURRHY WALLACE, PLL C 2 3 11 BY Y 1, Scott Snyder, WSBA =`12835 -t Attormcys for Cify of a,111 oncts S 0P ER 6 The parties having stipulated above t'ne dismissal of this action; NOW THEREFORE, 7 IT ISI REBY ORDERED, adjudged and decreed that [his action be and tixe same is hereby s dismissed with prejudice, and no party shall recover costs or attorneys lees. 9 DONE IN OPEINI COURT this day of 2010, 11 12 COURT COMMISSIONER _- zs il 1'resc-nicd by; 114 OGDEN MURPHY WALLACE, P LC 15 16 W. Scott Snyder, WS`EA #12835 ' Attorneys for City of Edmonds r� Copy received; notice ofpresentation waived; .19 Approwd for ell -try: 20 JG:TINS i1/10NR.O.E M—ITS�U-NAGA..PLLC 21 By 22 DUANA. T. K O LOU,SKOVA, WSEA 41-.27532 Attorneys for Plaintiffs. 23 t 24 io g 'jet:; I Do hffi 1 1 l. Sol In Sol 02 fl er Me wills go 10 A YbS IL 31 F 11 MA Wily; log A Moo A 1 e Hi. Av gn'kf J'Ld' I Sly -Alt- Aw of XR SVGA M ONO unawn ED LIT:. 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