Resolution 10030006.900000
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6/14/01
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RESOLUTION NO. 1003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, AMENDING THE CITY'S FEE
SCHEDULE ESTABLISHED PURSUANT TO RESOLUTION
NO. 967, AS AMENDED TO ESTABLISH STANDARDS FOR
THE REQUIREMENT OF COMPENSATION FOR USE OF
PUBLIC RIGHT-OF-WAY.
WHEREAS, the City Council has permitted, by ordinance, the use of public right-
of-way for architectural features, such as decks and bay windows, and,
WHEREAS, in most cases, the value of the right granted for the intrusion is
limited because the abutting property owns the underlying fee interest in the right-of-way, the
architectural features are to be located above the public right-of-way and not in conflict with it
and the permits are issued for ten years, subject to revocation in the event of public use or
necessity or for failure to comply with the provisions of the ordinance as they relate to public
safety, and
WHEREAS, the City Council deems it appropriate to establish a structure for the
staff to determine compensation, such structure being established in the sole legislative
discretion of the City and not being subject to judicial appeal, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
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Section 1. The City's fee schedule arguably adopted by Resolution No. 967 is
hereby amended to provide for the inclusion of the following requirements related to the issuance
of an encroachment permit for related architectural features such as bay windows or decks:
1. Limited Intrusion and Value. When the staff determines
that an applicant's proposal for an encroachment permit for a bay
window, deck or other related architectural feature, provides
significant public benefit as determined by the criteria set forth
below, and constitutes a minimal intrusion in to the rights of the
public as defined below, the staff may require compensation
pursuant to the provisions of this section. All other proposals for
encroachment permits that provide for a significant intrusion in to
the public right-of-way as defined below shall be subject to the
provisions of subsection C. No proposal shall be approved which
would result in a significant view blockage from public or private
property.
A. A proposal which constitutes a minimal intrusion into the
public right-of-way shall consist of a proposal regarding limited
use of the public right-of-way in which the adjacent property
owner owns an underlying fee interest, the encroachment permit is
limited to an initial term of ten years, and which is revocable in
accordance with the provisions of City ordinance.
B. Proposals constituting minimal intrusion to install an
architectural feature must provide a significant public benefit, in
order to compensate the public and City for the use of the right-of-
way, by including one or more of the following elements:
1. Awnings or other weather protection along 100% of the
street frontage, installed and maintained at the sole cost of the
applicant;
2. Public open space area(s) combined with public seating
area(s);
3. Additional landscaping beyond code requirements;
4. Extension of sidewalk width installed at the cost of the
applicant;
5. Other appropriate benefit, such as a contribution to public
art or street amenities.
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Any benefit provided shall be installed and maintained at the cost
of the applicant for so long as the encroachment permit remains in
effect.
C. Significant intrusions — determination that greater
compensation is required. Applications for encroachment permits
to utilize lands owned in fee by the City or the air space above
them, for encroachments into public rights -of -way where the
underlying fee is not owned by the applicant adjacent property
owner, or applications for the construction of encroachments
where the applicant seeks assurance that the encroachment permit
will not be revoked for periods longer than those provided for by
City ordinance, shall be considered to have more than minimal
intrusion into the public right-of-way and additional consideration
above that established for minimal intrusions shall be required.
Such consideration shall be recommended by the staff and finally
determined by the City Council at an open public meeting. In such
instances, the City Council shall make reasonable efforts to
determine compensation based at a minimum upon the fair market
value of the benefit conferred. Nothing herein shall be interpreted,
however, to limit the legislative discretion of the City Council to
determine the level of compensation to be provided.
D. The Development Services Director or his or her designee
shall make a determination that the public benefit proposed by the
applicant is roughly equivalent to the value of the architectural
encroachment. In the event of an appeal of such determination to
the City Council, such appeal shall be considered pursuant to the
sole legislative discretion of the City Council, shall not be
considered a quasi-judicial decision and shall not be judicially
appealable pursuant to the Land Use Petition Act. The
determination of appropriate public benefit is a determination of
the compensation to be paid to the City for the use of its public
right-of-way and is made in the sole legislative discretion of the
City Council of the City of Edmonds subject.
RESOLVED this 19th day of June, 2001.
APPROV D:
MA OR, GA6k HAAKENSON
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ATTEST/AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK: 06/15/2001
PASSED BY THE CITY COUNCIL: 06/19/2001
RESOLUTION NO. 1003
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