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2015-03-12 Hearing Examiner AgendaAGENDA HEARING EXAMINER Council Chambers, Public Safety Complex 250 5th Ave. North March 12, 2015 3:00 P.M. Call to Order 2. Public Hearings a. Chris Schuetz (APL20150001) and Edmonds Tree Service, Inc. (APL20150002) are appealing a Notice of Violation and Monetary Fine for unpermitted tree cutting activity within a critical area at 8001 Talbot Road. The property at 8001 Talbot Road is bisected by a stream with slopes steeper than 40% on both sides of the stream. The stream and the slopes are considered critical areas pursuant to Chapters 23.40, 23.80 and 23.90 of the Edmonds Community Development Code. A total of 10 trees were cut and/or damaged within the critical areas and critical area buffers at 8001 Talbot Road. The City of Edmonds found this activity to be in violation of Edmonds Community Development Code (ECDC) 23.40.160 Review Criteria, ECDC 23.40.220 Allowed Activities within Critical Areas, ECDC 23.80.040 Allowed Activities within Geologically Hazardous Areas, and ECDC 23.90.040.D development standards for streams. The City of Edmonds issued a Notice of Violation and Monetary Fine addressed to Ms. Schuetz and Edmonds Tree Service on February 2, 2015 with a civil monetary penalty of $23,100. b. File No. APL20150003 - The Rotary Club of Lynnwood is appealing a Notice of Violation and Monetary Fine for unpermitted tree cutting activity at the property addressed 8116 206th St. SW. The subject site is 20,594 square feet and is located within the Single -Family Residential (RS-8) zone, which requires a minimum lot area of 8,000 net square feet. Due to the fact that the property had previously been vacant and is large enough to potentially subdivide, a permit was required for any tree cutting on the site pursuant to Edmonds Community Development Code (ECDC) Sections 18.45.020 and 18.45.030. As part of an issued building permit for a new single-family residence currently being constructed on the property (Permit No. BLD20140598), specific restrictions were placed on the property related to tree removal/retention. However, a total of eight trees were cut without authorization. The City of Edmonds found this activity to be in violation of ECDC Chapter 18.45 Land Clearing and Tree Cutting Code. The City issued a Notice of Violation and Monetary Fine to the Rotary Club of Lynnwood on February 12, 2015 with a civil monetary penalty of $7,500. 3. Adjournment