STF20090017 Letter and Attachments.pdfJune 25, 2009
CITY OF EDM ®1 V D S GARY HAAKENSO
MAYOR
121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
Website: www.ci.edmondsma.us
DEVELOPMENT SERVICES DEPARTMENT
Planning • Building • Engineering
Mr. Gary Nelson
Nelson Associates & Family, LLC
9710 Wharf Street
Edmonds, WA 98020
RE: Zoning Confirmation Letter for 923 and 931 Main Street and Unaddressed Parcel
City of Edmonds Block 67, Lots 4 through 11 and 30 through 40
File No. STF-2009-0017
Dear Mr. Nelson:
On June 15, 2009, you came in to the Development Services Department counter and provided me with copies of
notices of assessed value from the Snohomish County Assessor's Office dated June 8, 2009 for the parcels that you
own near the northeast corner of 9`" Avenue North and Main Street in Edmonds. Your property is currently assessed
under three parcel numbers, including 00434206700400 (City of Edmonds Block 67, Lots 4 through 11),
00434206703000 (City of Edmonds Block 67, Lots 30 through 37), and 00434206703800 (City of Edmonds Block
67, Lots 38 through 40). Refer to the attached map for the locations of these parcels. You discussed your concern
with me regarding the significant increase in assessed value of each of these parcels and requested that I research
and provide you with information on the parcels in order to help you determine if the recent increase in assessed
value for these parcels accurately reflects what can be done with them.
All three parcels are located within the Single -Family Residential (RS -6) zone, which requires a minimum of 6,000
square feet per lot. The site development standards applicable to the RS -6 zone, including minimum required
setback distances, can be located in Edmonds Community Development Code (ECDC) Chapter 16.20.
Based on a site visit to the parcels on June 24, 2009 as well as data contained within City maps, it appears that your
parcels contain and/or are adjacent to various critical areas as defined by ECDC 23.40, including landslide and
erosion hazard areas, streams, fish and wildlife habitat conservation areas, and potential wetlands. Therefore, your
parcels are subject to the requirements of the City's critical areas code.
According to City LiDAR data, parcels 00434206700400 and 00434206703800 appear to contain landslide hazard
and erosion hazard areas as defined by ECDC 23.40 and 23.80. Parcel 00434206703000 appears to contain an
erosion hazard area and may be within the minimum required buffers from the landslide hazard areas on the adjacent
parcels. Refer to the enclosed map displaying approximate topography at 2 -foot intervals (actual topography should
be verified in the field by survey for accuracy). The presence of these geologically hazardous areas on or adjacent to
your parcels causes them to be subject to the regulations of ECDC 23.40 and 23.80. In addition, parcel
00434206703800 is subject to a slope easement to the City of Edmonds on the northwestern portion of the parcel. A
copy of the slope easement is provided for your reference.
Based on City maps, Shell Creek runs on or adjacent to the northeast portion of parcel 00434206700400, and this
parcel is located within a mapped fish and wildlife habitat conservation area. Therefore, this parcel is subject to the
regulations of ECDC 23.40 and 23.90. It is unknown what type of stream Shell Creek is in this exact location, but
buffers from perennial streams range from 50 feet to 100 feet depending on whether or not the stream is fishbearing
or if it is adjacent to anadramous fish access, pursuant to ECDC 23.90.040(D). The stream type and required buffer
would need to be determined by a qualified biologist. In addition to the required stream buffer, ECDC 23.40.280
requires a 15 -foot critical areas building setback from the edge of the buffer.
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In addition to containing and/or being adjacent to Shell Creek, City maps indicate that parcel 00434206700400 may
contain and/or be adjacent to a potential wetland near the northeast portion of the parcel. Therefore, it is possible
that this parcel would also be subject to the regulations of ECDC 23.50. A qualified biologist would need to
determine the type of wetland and required buffer (if a wetland is found to be present). Pursuant to ECDC
23.50.040(F), buffers range from 35 feet to 200 feet depending on the type of wetland. In addition to the buffer, the
site would be subject to the required 15 -foot critical areas building setback from the edge of the buffer, pursuant to
ECDC 23.40.280.
Depending on the delineation of the stream and potential wetland on and/or adjacent to parcel 00434206700400, it is
possible that the northeastern portion of parcel 0043420670300 could be impacted by the required buffers and
critical areas building setback from these critical areas.
Staff has observed a small stream and potential wetland along the southwestern portion of parcel 00434206703000
and possibly extending onto parcel 00434206703800. A qualified biologist would need to confirm the presence of a
stream and/or wetland and would need to determine the type of and required buffer from such stream and/or
wetland. Thus, parcel 00434206703000 would be subject to the requirements of ECDC 23.90 and/or 23.50 as
discussed above, and parcel 00434206703800 would likely be subject to the stream and/or wetland buffer
requirements of ECDC 23.90 and 23.50 even if the stream and/or wetland do not extend all the way onto this parcel.
Is should be noted that the critical areas code does allow for potential reductions in required buffers from critical
areas. Refer to ECDC 23.80 for requirements for reducing buffers from geologically hazardous areas, ECDC 23.90
for requirements for reducing buffers from streams, and ECDC 23.50 for requirements for reducing buffers from
wetlands. At times, it is found that certain properties are so greatly impacted by critical areas and their buffers (even
buffers that are reduced to the maximum extent allowed), that a site does not contain a reasonably sized buildable
area outside of the critical areas and buffers. For these situations, ECDC 23.40.210(A) contains provisions for a
property owner to apply for a variance from the standards of the critical areas ordinance if the requirements of the
critical areas ordinance would otherwise deny the owner of all reasonable economic use of a legally created parcel.
In conclusion, although the three parcels contain over the minimum required lot size of 6,000 square feet that is
applicable to the RS -6 zone, the presence of numerous critical areas on and/or adjacent to these parcels could
possibly hinder and add to the expense of subdivision and/or development of these parcels. Although ECDC
23,40.210(A) allows for the possibility of a variance from the standards of the critical areas code (ECDC 23.40
through 23.90) in order to allow an owner reasonable economic use of their property, there are cases where a
property is so inhibited by critical areas that the expense that would need to be put into developing the property
would cause the project to be economically unfeasible. Staff has not determined if this is the case with any of your
parcels, as you would need to have a qualified biologist and geotechnical engineer assess all of the critical areas on
and/or adjacent to your parcels in order to determine the impact that these critical areas may have on any future
subdivision and/or development.
I hope this addresses your questions. All above referenced Edmonds Community Development Code sections are
available online at http://www.mrsc.org. If you have any further questions, please do not hesitate to contact me at
(425) 771-0220, extension 1224.
Sincerely,
Jennifer Machuga, Planner
Development Services Department
CITY OF EDMONDS
Enclosures:
1. Aerial Photo and Topography Map
2. Slope Easement on Parcel 00434206703800
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S L 0 P E E A S E M E N T
IN CONSIDERATION of benefits to accrue to the grantors herein by reason of
the construction and establishment of an imp roved. roadway, the undersigned,
�.'Aaa e A/C and (�O 7-1-e/9 VRLBIV 14'1_Pa~°
hereby grant to the CITY OF EDMONDS, a municipal corporation, a permanent easement
for the installation and maintenance of a slope for cuts or fills on the following
described property, and the further right to remove trees, bushes, undergrowth and
other obstructions interfering with the construction and maintenance of said slopes.
The easement and right-of-way hereby granted is located in the County of
Snohomish, State of Washington, and is more particularly described as follows:
BEGINNING AT THE NORTHWEST CORNER OF LOT 40 IN BLOCK 679
CITY OF EDMONDS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2
OF PLATS, PAGES 38 AND 399 RECORDS OF SNOHOMISH COUNTY, STATE OF
WASHINGTON, AND RUN THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 40
A DISTANCE OF 40.0 FEET; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A
POINT IN THE NORTH LINE OF SAID LOT WHICH is 20.0 FEET EAST OF THE
POINT OF BEGINNING; THENCE WEST 20.0 FEET TO THE POINT OF BEGINNING.
this day personally appeared before me F.M. P &I IR L� I n/r �,
and 7-j4 A. SPVAQV1, o "'' '®_: , to me known to be the individual(s) des-
cribed in and who executed the within and foregoing instrument, and acknowledged that
4�signed the same as 4-he;r free and voluntary act and deed, for the uses and
purposes.:there,in mentioned.
GIVEN under=..,my.hand and official seal this f day of e. r
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this day personally appeared before me F.M. P &I IR L� I n/r �,
and 7-j4 A. SPVAQV1, o "'' '®_: , to me known to be the individual(s) des-
cribed in and who executed the within and foregoing instrument, and acknowledged that
4�signed the same as 4-he;r free and voluntary act and deed, for the uses and
purposes.:there,in mentioned.
GIVEN under=..,my.hand and official seal this f day of e. r
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1,..la1eARYgP UBL I C an r t Sta
Washington,,,,esiding at
OFFICIAL psi