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BlomenkampPermitReviewRequest.pdfRECEIVED JUN 29 2015 Developrvient Ser,vlcos Department DEVELOFIMEN1 SEROUS' 121 5th Ave N COUNTER Edmonds, WA 98020 This letter in lieu of an unavailable formal application per ECDC Section 20. 100.4013 subsection 3 Review of Approved Permits to request a review by the hearing examiner. Per ECDC, Section 20.100.40A, We the Undersigned do hereby allege that Permit PLN20130066 fulfills these requirements by the following: 1. By riot being compliant with ECDC 18.4115.050.H the project has Caused a large direct financial and emotional hardship on the family at 23227 92nd Ave W. Edmonds WAS 98020. See attached estimates and Arborist reports. 2. It has caused a serious hazardous condition by excavating and causing 4. trees to become a severe hazard per, the enclosed Arborist reports. Two of the trees are a direct hazard to both private property and life of the family at 23227 92nd. Ave W. 3. This has become a severe nuisance to both the City and the land owner at 23227 92nd Ave W., 23229 92nd Ave W., and 23309 92nd Ave W. 4. The extent of the Fill/Grade/Excavation for tl'ie permit was hidden from the ADB board by the staff. it is state111 rr7ra „. B. ECDC 20.11.030.B. Site Treatment. The existing character of the site and the nearby area should be the starting point for the design of the building and all site treatment. The following are elements of site treatment: 1. Grading, vegetation rernoval and other, changes to the site shall be minimized where natural beauty exists, Large cut and fill and impervious surfaces should be avoided. Comments: Although the site will need to be cleared, which includes the removal of many mature evergreens, the applicant has chosen to design the project so that it does not max out the lot coverage required by roughly 10% (45% coverage is the rnax, while this projectproposes roughly 36% coverage), Minimal grading is anticipated, rnosfly to fill -the unusual hole that exists just north of the house. 1­1,i1o,,,,,f Staff Oearf klrlfrrl�w this �),u)as iil§,,ac,,,,cur,1,1.,,,,,,,?,t,�,.,I,,�, �j`( //- th�,,I�,,, wall to Y f�,,,Jlrii dwuleloper fws excava�red dowri� �Ororfn, olf 5" artf the SW col""'foor to a I Ot Or"', the N11111 corl,­ifJ;r a# -W fh%I,, corr,(IpIIete lot hws grl"",f!,,R6,,�"'d, 71`ds is wfmt the r`f,twithiti �,,`he 25'zonu'rrf code by Steve Pri"ce of Kaliolz LLC fllw Mrated"They considered the option of applying for a variance to exceed the 25 -foot height limit by one foot to provide a ceiling height of nine feet so the units are more attractive and comfortable. The property is located in a bit of a bowl so no view blockage would occur. In addition, the apartment complex to the south is higher than the proposed buildings would be, and the veterinary clinic to the north has a dog run and kennel located close to the property line. After further discussion with staff, they decided not to pursue a variance." 1r1,J,4s it was a and awalre ofthw ir,lweded N� it rllt4)�,ghger4ly c,'JUd rwt take hnj acco�.,iri�t trees an 29227 9Z,,,'W, 5. In the staff comments during your hearing MS. Janicek represented that "'The applicant appears to meet all of the applicbble code requirements and development standards" Flowever this is not accurate, the retaining wall on the west side is within about 5 -feet of the property line. There are 4 trees within a Couple feet of the line on 23227 92nd Ave W. One is 42" in diameter. Per 1X3.4 5.035 Projects requiring ADB approval are PROCEDURALLY EXEMPTand do require clearing proposals be consistent with and apply to the standards in 18.45. 18.45.035 Procedural exemption. Projects requiring the approval of the Edmonds architectural design board ("ADIB") under the provisions of Chapter 0.10 ECSI C shall be exernpt from the application and procedural requirements of this chapter-; provided, however, that: A. Clearing on such projects shall take place only after ADB approval and shall be in accordance with such approval. Violations shall be subject to the remedies prescribed by this chapter. See ECDC 18.45.070. B. ADB review of clearing proposals shall be consistent with and apply to the standards established by this chapter. [Ord. 3646 § 1, 2007; Ord. 3507 § 2, 2004]. Howev((,,,,,rr Unili's proposal calrurwt be cotmidered i"),s coirpsistenit becm,,)),se per 18,45,5011 s(�,,,)&sectian I "The applicant iay not fill, excavate, stack or store any equipment, or cornpact the earth in any way within the area defined by tile drip line of any tree to be retained." and 5 "The grade level around any tree to be retained may not be lowered within the greater of the following areas: (a) the area defined by the drip line of the tree, or (b) an area around the tree equal to one foot in diameter for each one !rich of tree caliper." Nowh,era it arr4y of ofik fhe pGroperty being it Irefi,eluces whilicft m(ufs1i,,, be read all treos, 6. The grading has caused 3 significant trees to be required to be removed as hazardous, one other has a high possibility of becoming so in the future. See attached Arborist reports. 7. These actions by the permit holder significantly changes the required Type 1 Landscaping as required Comprehensive Pan and commented on in the enclosed Staff Report, the ADB hearing minutes as expected to be preSE)nt. 117 In afring oril page 5 it "As per ECDC 20.13 (Landscaping Requirements), three types of landscaping will apply to the project, and the landscaping plan (Attachment 7) appears to meet all of the code requirements. However, she noted that there are a number of significant trees located on the site, and the applicant is proposing to remove all but one. Street trees will be provided consistent with the property to the north on Edmonds Way." Further it states on page 8 "Comments: The RS -8 zoned residential properties to the west will be buffered by the existing mature trees on the slope above the development (oi �theik,owif The existing trees on the slope essentially act as Type I landscaping, which according to ECDC 20.13.030 is intended to provide a very dense sight barrier to significantly separate uses a n d land u s e d il s t r 1 cts. " .AIl,,a iri 1,iP e S It", a ft R rt it a I a s or,,: I e a/,r/ y aUII p a" , "h" 4 , 'A V ECD C 20.13.030.A describes Type I landscaping as:Type I landscaping is intended to provide a very dense sight barrier to significantly separate uses and land use districts. 1. -1 we rows of evergreen trees, a minimum of 10 feet in height and planted at intervals of no greater than 20 feet on center. The trees must be backed by a sight -obscuring fence a minimum of five feet high or the required width of the planting area must be increased by 10 feet; and 2. Shrubs a minimum of three and one-half feet in height planted in an area at least five feet in width, and other plant materials, planted so that the ground will be covered within three years; 3. Alternatively, the trees and shrubs may be planted on an earthen berm at least 15 feet inwidth and an average of five feet high along its midline. 'Type I landscaping is required along the northern and western project boundaries where theproperty abuts residentially and commercially zoned property. slope west, of developed area is hc,,Irc,,sted lrinjaftnre tale es. A5-6' tall solid wood fence is proposed along the west property line to enhance the required screening, while there is an existing 5-6' tall solid wood fence along the northern property line. Staff feels the proposal is consistent with the requirements of Type I landscaping." do Iniot the on/ oti'mrs lurolu a rliy 0 o provide thd,!,,,,, 'T I hwj�vwleir you be concg,,,,rn�r,,"d that by If � of Ch tUs TYI_,,��e I t7c,,",'m DE&MOYED alntd H"m Cif,�I, Ar�,11"�'fl!,"�filtYistlt-�l��,,",��ti,(,,,"YlI"If is rr,ilohn�g NO"I"HING to ri�r�Ufigate ru's, ft i's CLEARILY T/ E IN rENT OF THE ADB thlat trees wetlt(,,;,�, to 10 'The s1,,,,,iff had an obfigatiorl) to., s(tsre happene�t,"/ f,�,Y �,,,'Johng th)w til�l"",",(",��,11(�,'IIW'i�Ill�,,�1,,- Further 18.45H section 2 "The applicant shall erect and maintain rope barriers on the drip line or place bales of hay to protect roots. In addition, the applicant shall provide supervision whenever equipment or, trucks are moving near trees." J -hese allegations require many major changes to the project plan that cannot be reasonably changed in the project, otherwise the Development is not con'forming to code. Per Lauer v. Pierce County, Flo® 85177-8, Washington Supreme Court (Dec. 15, 2011), Building permit applications coiitaining material irtisrepresentations or omissions of fact do not give rise to vested rights. We respectfully request Per 20.1 MOM.C.6 that the bearing exarniner revoke the perrnit for this project. Sincerly, Scott Blomenkaiup 23227 92nd. Ave W. Ednionds, WA 98020 Maij Peuderaft 23229 92nd. Ave W. Edn-tonds, WA 98020 Andrew Baxter 23309 92nd Ave W. Edrnonds, WA 98020