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1101 PUGET DR.PDF1111111111111114368 1101 PUGET DR iL CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT loc. 1890 Planning • Building • Engineering September 21, 2005 Kelly L. Shyne Principal The Justen Company, LLC Smith Tower 506 Second Ave., Suite 1020 Seattle, WA 98104 RE: Olympic View Deli,1101 Puget Drive, Parking Lot Re -painting Dear Kelly: GARY HAAKENSON MAYOR I have reviewed your letter dated September 16, 2005 with the Building Official. We agree that, as long as the repainting of the existing parking lot(s) is' exactly the same as the latest approved plans, and no changes are made to the striping or markings (e.g., parking spaces, directional arrows, fire lanes, etc.), the repainting is considered maintenance and no permit is required. However, if any changes from the latest approved plans are made, a permit will be required. Sincerely DAVID K. GEBERT, PE City Engineer Cc: Allen Gray, Lakeshore Investment Corporation Jeannine Graf, Building Official • Incorporated August 11, 1890 • victor r1h, - Holrinan JAnan THE JUSTEN Company LLC September 16, 2005 Mr. David Gebert City Engineer City of Edmonds 121 5th Avenue North Edmonds, WA 98020 SEP 19 2005 ENGINEERING DIVISION RE: Olympic View Deli - 1011 Puget Drive Parking Lot re -painting City of Edmonds letter dated August 9, 2005 & September 14, 2005 Dear David: We are writing this letter on behalf of our client, Lakeshore Investment Corporation who is the managing agent for the property owner. The City of Edmonds forwarded a letter -to SM Petroleum, LLC on August 9, 2004, and a letter to Lakeshore Investment Corporation on September 14, 2005, regarding the recent re -painting to the existing parking lot striping. Both letters indicate that a permit is required for this work. First, please note that SM Petroleum, LLC is the tenant, not the legal property owner. So therefore, this noticing has not been done legally to the said property Owner. All future correspondence on behalf of this property should be sent to Lakeshore Investment Corporation, 6800 Greenlake Way North, Suite 255, Seattle, WA 98115. Attached to the City of Edmonds letter sent to SM Petroleum, LLC, was a City of Edmonds Development Information Bulleting No. B56, regarding Parking Lot Permit Submittal Requirements. Also, attached to SM Petroleum's letter was a copy of the City of Edmonds Development Code Section 18.95 "Parking Lot Construction". We have reviewed this documentation and also the adopted City Council Ordinance's Nos. 2428 (5/8/84), 2471 (9/19/84), and have the following comments: 1. Code Section 18.95.00 Permit Required, states "No person shall construct, modify and/or expand a parking lot without first obtaining approval from the city engineer and a building permit. Smith Tower, 506 Second Ave., Suite 1020, Seattle, WA 98104 Telephone 206.624.8870 Fascimile 206.624.8919 `•r Mr. David Gebert City of Edmonds September 16, 2005 Page 2 of 3 The City of Edmonds Community Development Code does not currently have a definition for the terms "construct", "modify', and "expand". We have therefore provided definitions for these terms obtained from the Merriam -Webster New Collegiate Dictionary which is a widely accepted practice: "construct' : 1. To make or form by combing or arranging parts or elements: Build. 2. To increase the extent, number, volume, or scope of.ENLARGE "modify": 1. To make minor changes in 2. To make basic or fundamental changes in often to give a new orientation to or to serve a new end, to undergo change "expand": 1. To increase the extent, number, volume, or scope of :ENLARGE "maintenance": 1. Continuing repair work: work that is done regularly to keep a machine, building or piece of equipment in good condition and working order. If you review the definitions referenced above, it is clear that the property owner has not constructed, modified or expanded anything. The property owner was merely maintaining their property and re -painted the existing striping that was permitted under the 1989 permit documents. No changes have been made to the property since it was constructed in 1989, over 16 years. Our client has re- painted this striping ever year for the past 16 years as a part of their maintenance program on the property. In your letter dated September 14, 2005, you infer that our client will need to re -stripe their parking lot to meet current codes. The City of Edmonds cannot inflict current codes on a property that was developed over 16 years ago. The code in place at the time of permitting this property is the governing code and is the enforceable code. Unless a change, modification and/or expansion occur, there can be no enforcement of the City of Edmond's request to bring the property into current code compliance. The City of Mr. David Gebert City of Edmonds September 16, 2005 Page 3 of 3 Edmond's is attempting to enforce their interpretation of the code with no language in place to do so. In order to change the code in place to meet the criteria outlined in Bulletin B56, an ordinance would need to be adopted by the City of Edmonds and approved by City Council is required. At this time, no such modifications to the existing ordinance exist to enforce your requests. It is for the reasons stated above that it is our opinion based on the current City Code Section 18.95, re -painting (maintenance) should not require a permit when no change, modification, expansion or construction has occurred. The Code is clear that only the three categories referenced above shall require a building permit. Our recommendation to the City of Edmonds in regards to this property, and others within the City of Edmonds, this bulletin should be corrected as the interpretation has not been substantiated. Property owners within the City of Edmonds should not be required to submit for a building permit merely to do maintenance. It would be very cost prohibitive for establishments that would like to continue doing business in the City of Edmonds to conform to this request. We would request that any fees or assessments related to this matter be promptly removed from this property. We look forward to hearing from you in regards to this matter. Should you have any questions, please feel free to contact me at (206) 930-7697. Sincerely, C- Kelly L. Shyne Principal cc: Duane Bowman — City of Edmonds Jeannine L. Graf — City of Edmonds Allen Gray — Lakeshore Investment Corporation