STF20170013 critical area exemption.pdf. le. I S9.
June 22, 2017
CITY OF EDMONDS
1215 th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 * Fax: 425.771.0221 * Web: www.edmondswa. ov
DEVELOPMENT SERVICES DEPARTMENT * PLANNING DIVISION
Brian & Tracy Thompson
17016 74th Ave. W
Edmonds, WA 98026
RE: Critical Area Exemption for Normal Maintenance of Vegetation (STF20170013)
Dear Mr. and Mrs. Thompson,
The City of Edmonds has reviewed your request for a critical area exemption for normal
maintenance of vegetation in accordance with ECDC 23.40.230.C.2. The activity you describe
includes the trimming of trees and shrubs/nonwoody vegetation less than 4 inches in diameter
within a geologically hazardous area or buffer.
Alterations in a critical area typically require some type of City review or approval. However,
the critical areas ordinance provides an exemption for "normal maintenance of vegetation" in
accordance with ECDC 23.40.230.C.2:
Operation and maintenance also includes normal maintenance of vegetation performed
in accordance with best management practices; provided, that such management
actions are part of regular and ongoing maintenance, do not expand further into the
critical area, are not the result of an expansion of the structure or utility, and do not
directly impact an endangered or threatened species.
"Normal maintenance of vegetation" is defined in ECDC 23.40.010:
"Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation
and trees (less than four -inch diameter at breast height) that occurs at least every other
year. Maintenance also may include tree topping that has been previously approved by
the city in the past five years.
The work proposed in your letter of July 20 falls within the normal maintenance exemption in
ECDC 23.40.230.C.2; therefore, no additional critical area review is required.
While this letter acknowledges an exemption from the requirements of the critical areas
ordinance for the described work, it does not grant access to the Schmidt parcel. It is assumed
that legal access is permitted through the private Height Restriction Covenant that encumbers
your parcels or it is allowed through some other means.
If you have any questions, please let me know at either michael.cNu story edmoiidswa, ov or
425-771-0220.
Sincerely,,
Mike Clugston, AICP
Associate Planner
Encl: June 20, 2017 Thompson exemption request letter
Cc: Dieter Schmidt
17020 741h Ave. W
Edmonds, WA 98026
Brian & Tracy Thompson
17016 74th Avenue W
Edmonds, WA 98026
June 20, 2017
Ms. Shane Hope
Development Services Director
City of Edmonds
121 5th Ave N
Edmonds, WA 98020
REQUEST FOR EXEMPTION TO PERFORM
MAINTENANCE OF VEGETATION IN CRITICAL AREA
Dear Ms. Hope:
Thank you for your service to our community. We are requesting your approval to
perform maintenance on established vegetation within an identified critical area.
In accordance with Subsection A of 23.40.230 ECDC, we are voluntarily submitting this
request for exemption that describes the activity (regular ongoing maintenance of
vegetation) and states the exemption (Item 2 of Subsection C in 23.40.230 ECDC) that
applies.
Item 2 of Subsection C in 23.40.230 ECDC identifies that in Critical Areas, normal
maintenance of vegetation is an Exempt Activity.
LOCATION OF ACTIVITY
Proposed activity occurs in limited areas of the westerly 140 feet of Parcel 3 in City of
Edmonds Short Plat S-6-86 (SP) at 17020 74th Avenue West (Schmidt property). This
area (approximately the west 2/3 of the parcel) is identified in the report produced with
CRA20160007 to include urban landscaping.
SCOPE OF ACTIVITY
The proposed activity is to reduce the height of vegetation, including shrubs/nonwoody
vegetation and trees less than 4 inches diameter at breast height (dbh) which extend
above a height of 6 feet as measured from natural ground at the base of said trees or
Exemption Request for Vegetation Maintenance Page 2
at 17020 74th Avenue West June 20, 2016
vegetation, including Leland Cyprus hedges developed in April 2016, to assure
compliance with local Height Restriction Covenant.
This proposed activity would be performed under the same authority exercised by
Schmidt in topping of trees situated upon 17035 and 17037 76th Avenue West.
However, unlike that work, our proposed activities expressly exclude any trees
exceeding 4 inches dbh (caliper).
The proposed activity is in addition to Schmidt's ongoing weekly yard maintenance,
which generally involves lawn care and reduction of select vegetation, but with lesser
frequency. The proposed activity is part of regular ongoing maintenance, such as
apparent in 2015, prior to Schmidt's selective neglect.
Work will be performed by hand labor and with hand-held equipment. All vegetation cut
will be hauled away to avoid accumulation of dumped yard waste, except where
removal is unwarranted to improve slope stability.
STATE AND LOCAL PROVISIONS
The proposed activity is consistent with other local and state laws and requirements:
All maintenance of vegetation requested herein is consistent with the Height Restriction
Covenant (HRC) as conveyed to SP Parcel 2 at 17016 74th Avenue West by state law,
Chapter 64.04 RCW, as recorded under Snohomish County AFN 8705120211. The
validity of this instrument is recognized by Schmidt and City of Edmonds as
demonstrated with Permit 20160016, which involved tree trimming on other parcels.
In subsection C of 18.45.030 ECDC, routine landscape maintenance is an exempt
activity.
In accordance with subsection B of 23.40.230 ECDC, all activities will use reasonable
methods to avoid potential impacts to critical area, and not degrade a critical area or
ignore risk from natural hazards.
The activities will be performed consistent with provisions stated in Item 2 of subsection
C to 23.40.230 ECDC, as such actions are part of regular and ongoing maintenance, do
not expand further into the critical area, are not the result of an expansion of a structure
or utility, and do not directly impact an endangered or threatened species.
As defined in 23.40.005 ECDC, "`Normal maintenance of vegetation' means removal of
shrubs/nonwoody vegetation and trees (less than four -inch diameter at breast height)
that occurs at least every other year." The proposed activity is less intense than "normal
maintenance of vegetation" as only reduction is contemplated. The proposed activities
would be performed consistent with the prescribed frequency.
Exemption Request for Vegetation Maintenance Page 3
at 17020 74th Avenue West June 20, 2016
The report prepared with CRA20160007 identifies that certain proposals may be exempt
from Critical Areas requirements. ECDC 23.40.005 defines geologically hazardous
areas of Chapter 23.80 ECDC as "Critical Areas." Therefore, where maintenance of
vegetation is an exempt activity under 23.40.230 ECDC, provisions of Chapter 23.80
ECDC, or other Critical Areas chapters, need not apply.
CONCLUSION
We are pleased to provide City of Edmonds with this information demonstrating the
rationale and justification for approval of this exemption request in accordance with
23.40.230 ECDC, confirming that the subject activities involving regular and ongoing
vegetation maintenance, excluding trees greater than 4 inches diameter at breast
height, in Critical Areas at 17016 74th Avenue West, are permissible.
Feel free to call Brian at 206.714.4905 or e-mail btsthompson@gmail.com with any
questions or for clarification of any information presented in this letter.
Sincerely,
Brian C. Thompson
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