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20080910120803.pdfrnc.1S9`) CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: wwacLedmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering September 10, 2008 John Thoresen Real Estate Capital, LLC 1611872 n1 Ave W Edmonds, WA 98026 RE: Response to letter regarding BLD20080463 Dear Mr. Thoresen: GARY HAAKENSON MAYOR This letter is in response to your letter dated August 22, 2008 (received August 25, 2008). Response to Item 1: OR (MPGR) Zone Approval: The zoning code and building code are separate and separately administered. A building that meets zoning regulations does not automatically meet the requirements of the Building Code and visa versa. The City adopted Building Code is not automatically amended with the adoption of zoning codes. This is also supported by State law: • RCW 19.27.090 states that "Local land use and zoning requirements, building setbacks, side and rear yard requirements ... are specifically reserved to local jurisdictions notwithstanding any other provision of this chapter." [Chapter refers to the state building code chapter 19.27 RCW] • RCW 19:27.060(1) "The governing bodies of counties and cities may amend the codes ... as amended and adopted by the state building code council as they apply within their respective jurisdictions, but the amendments shall not result in a code that is less than the minimum performance standards and objectives contained in the state building code." Also, since the building contains residential dwellings then subsection (a) of that section applies as well: "No amendment of a code ... as amended and adopted by the state building code council that affects single family or multifamily residential buildings shall be effective unless the amendment is approved by the building code council..." Please refer to ECDC 19.00 where City adopted amendments to the International Building Code (IBC) are provided. You will find no amendments relating to the definition of Public Way or Fire Separation Distance and related building code issues discussed in your letter. Incorporated August 11, 1890 Sister City - Hekinan, Japan Response to Items 2 & 3: Railroad Right -of -Way versus Public Right -of -Way, and Abandonment of the Rail Service: IBC 1002 defines Public Way as "A street, alley or other parcel of land open to the outside air leading to a street, that has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which as a clear width and height of not less than 10 feet." The BNSF Railroad property does not meet the definition of Public Way which you recognize in your letter. The definition states that the land must be permanently appropriated to the public for public use. The Sound Transit lease is not permanently appropriated; it is leased for a specific term of years. Also, the track is not open for public use. It is our understanding that the public has no right to walk along or traverse its tracks as they would a Public Way and considers persons who do to be trespassers. When applying the provisions of the Building Code, decisions cannot be based on the likelihood that an adjacent property owner (BNSF Railroad) will not make certain improvements due to current observable constraints. Where buildings are built in close proximity to property lines, a basic premise of limiting openings, providing fire rated walls, and thus limiting fire exposure is to help contain the fire. The proposed design shows the upper two floors of the facade would be virtually open with no fire rated exterior walls for fire containment. There are also major safety issues for firefighters with potential for conflict with trains, and no public access for firefighting equipment to west side of the building from the BNSF property. One option you may want to consider is contacting BNSF to see if they will grant an easement to remain open and unobstructed providing the required fire separation distance. If they will grant such an easement, you would provide a written request for Alternate Design (fee $180.00) per IBC 104.11 proving equivalency to the code requirements utilizing the easement. A draft of the easement would be included with the written request for City review. If during the redesign of the building your design team has code questions, please feel free to contact me. Sincerely, %k Ann Bullis, CBO Building Official