Thuesen Letter-06252014.pdfA DAVE ENRUAG
11"YOF IEDMONDS
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Wpbsile: www.edmandsvea rpov
DEVE�,,,O�D�\AEN"f'S,�.-.R\/I(""ES DEPARTMEN]
P U B L I C VVO R KS 1) E PART M FE NT
E`ngin(�r ring Division
June 25, 201/1
Eric TIALIC50fl.
509 9"' Ave N
Edmonds, WA 98020
SUBJECT: PLN20070076 -- 3 -lot Short Plat Civil CODStrUCti011 Plan,,,
PLN201 300 14 — Conditional U'se Permit for Tree Removal
Dear Mr, Thuesen,
The civil cons1ruction plans approved on August 13, 2009 for the subject 3 lot short plat
approved construction of a retaining, wall along the South property line to SUPPOI(I the
driveway access to the short plat. A temporary Construction easement was reserved by
City Ordinance 3729. That temporary construction easement provided you an
opportunity to construct the proposed retaining wall. But that Opportunity was not
unlimited. The Ordinance states: "The temporary construction easement shall be void
five years from the date this Ordinance is effective or upon installation of the retaining
wall, whichever shall first Occur." [Ordinance 3729, Section 1, effective date:
3/27/2009]
The -fifth anniversary of Ordinance 3729 passed on March 27, 2014, So, the easement
has now expired,. The Engineering and Planning Divisions have been working with the
City Attorney since expiration of the casement to determine the next steps required. It
was concluded that, in order to build according to the civil construction plans approved
on August 13, 200), a new temporary construction easement would need to be obtained
from. the owner or (he property to the south. Alternatively, the civil construction plans
could be revised to include a retaining wall design that does not require an easement
from the adjacent parcel. Until this issue has been resolved, the approval of the civil
construction plans is hereby suspended. Consequently, no construction of the above--
rel-'erericcd civil improvements shall be allowed until this issue has been resolved.
The suspension of the above -referenced civil construction plans effects a conditional
use permit for tree removal that was issued under file PLN2013001 r -L 'Fhe description
of that proposal in the August 23, 2013 decision document reads as follows:
The purpose of the subject permit is to address one element ofa July 30,
2010 Settlernent Agreement and Release (AttaChIuCrlt, .1).
Spec) fica I ly, acedar tree jointly owned by Thtiesen and Rehly will bc, irnpactcd
by the constri.tction ofa retaining wall approved wht.i the civil constri.iction plans
for Thuesen.'s three lot short plat, S-07-76.
Conclusion 3) a) fiom PL1 1201300 14. reads: "While retaining the healthy cedar tree
would be the ideal outcoine, it is clear from the docuryientation SUbfflittcd that ifie Irce
would not survive the installation of the approved. retaining wall associated with
the short plat improVefllerl[S Of S--07-76," COMILISion 3) (1) reads: "The slope stability
provided by the cedar tree's root system will be replaced by that provided by the
COJISITLIC,6011 of the retaining wall. The installation of the two vine maples of at [cast I"
dbh satisfies the species andsize requirenients of the development code and
Settlement Agreement. The proposed retaininf.,,, wall is reverenced several snore limes iri
the PLN20130014 decision. Because the approval of this conditional USC peri -nil was
premised upon these now -suspended civil Plans, the Conditional Use Permit is also
hereby suspended.
Suspension of the civil construction plans and conditional use permit shall not be
construed to rLican Suspension or revocation of the short plat approvals. Please contact.
the City prior to J Lily 16, 2014 to advise how you intend to move forward with
construction of the: civil improvements for the short plat.
Sincerely,
X�,
Shane Hope Phil Williams
Development Services Director Public Works Director
c: PLN20070076
Jeff Taraday