Comments from Cheri Zehner received 4-21-13.pdfMachuga, Jen
From: Cheri Zehner <c.zehner@comcast.net>
Sent: Sunday, April 21, 2013 9:08 PM
To: Machuga, Jen
Subject: Comments on Request for Reconsideration File No. PLN20120033
Attachments: Request for Reconsideration PLN20120033.pdf
Hi Jen,
Please find attached my comments on the Request for Reconsideration. I don't know what the deal is but we did
not receive the Notice until last Thursday, April 18th. This only gave us a couple of days to prepare a
response. Don't you think at least a week's notice would be reasonable?
Thanks, Cheri
Cheri Zehner, MPH
industrial Hygienist
Indoor Air Quality Management
www.cherizehner.com
April 21, 2013
Mr. Phil Olbrechts
Hearing Examiner
City of Edmonds
121 5th Avenue North
Edmonds, WA 98020
Dear Mr. Olbrechts,
RE: Comments on Request for Reconsideration/Clarification re File No. PLN20120033
We received copies of the two requests for consideration on April 18th, giving us one businesses
day to prepare our response regarding this issue. It appears that the City does not concern itself
with due process. Please find below my comments on the two requests submitted.
Comments on Tom and Lin Hillmans request for reconsideration.
Comment 413: The videos submitted by me show a remarkable stream of storm -water running
down Sierra Place, not intercepted by the storm drain located up hill of the stream on Olympic
Avenue, and the stream of water turning north on Olympic Avenue not being intercepted by any
storm drain. This condition begs the question, where does the water go. The video submitted only
documented surface water. The water impacting our property is coming out of the ground in the
backyard at 703 Olympic Avenue directly west and downhill from the Hillman property at the
intersection of Sierra Place and Olympic Avenue. The Hillmans state that the water from their lot
does not drain into ours. The Hillmans do not know that their surface or groundwater does not
drain onto our property, and nor does the City.
Comment F: Hillmans stated that they share their neighbors' concerns that drainage issues are a
major priority for development in this area and that they have communicated this. Other than a
couple of pleasantries at the hearing, the Hillmans have not contacted us. Our property has
flooded every year since 2007, usually in the first week of December at about 2:OOAM. Are the
Hillmans concerned enough to be part of our bailing team about 2:OOAM?
Comments on the City of Edmonds' Request for Reconsideration
Condition #2, Staff Response 1: The City states that in order to perform a storm -water monitoring
program there needs to be baseline data of the current water discharge from the property. The
City states that obtaining the data would be extraordinarily difficult and expensive, given that the
flow is diffused off the wetland into the stream. As a property owner suffering from the
consequences of indiscriminant and unmonitored land development in the Daly Place and Sierra
Place area, I find it reprehensible that the City considers it too expensive a project to
monitor/control storm and ground water and is inadvertently putting the onus on one private
property owner to pony up the funding to hire a hydrologist to save their house.
Condition #2, Staff Response 2: The staff commented that the City's regulations attempt to match
the post development storm -water runoff rates from the property with the pre -development storm -
water run-off rates from the property up to the 10 -year, 24-hour storm event only. This comment
contradicts the statements made in Response 1. The staff stated that they do not have baseline
data, so how can they know what post development rates are acceptable.
Summary Request
If the City does not have baseline data on storm or groundwater flow in the Sierra Place and Daly
Place areas, which are the headwaters of Hindley Creek, then how can the City allow the
development of the property in this area? These areas are critical wetlands. Apparently the City
chooses to ignore this determination. I am disgusted with the City's lack of concern regarding the
storm and ground water's devastating impact on property owners to the west and north of Sierra
Place and Hindley Place.
I think that the variance should be rescinded, or in lieu of it being rescinded, that the building permit
not be issued until the City completes at three year monitoring plan of storm and ground water flow
from the Hillman property and the surrounding headwaters of Hindley Creek. Then the City will
have some baseline data. City staff are welcome to visit our property the first week of December to
view and measure the volume of water that threatens to flood our basement.
As a public health professional, I have embraced the concept of the precautionary principle.
Basically, the principle means that if you don't know that something is safe you don't employ it.
Essentially, don't use the public as a guinea pig. Please don't allow our property to be used in an
experiment to find out what happens to the storm and groundwater diverted from the Hillman
property.
Sincerely,
Cheri Zehner, MPH