Resolution 8190006.050.155
WSS /are
06/06/95
RESOLUTION NO. 819
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, DECLARING AN EMERGENCY
WITH RESPECT TO THE REPAIR OF A COMMON WALL
SHARED BETWEEN PROPERTY OWNED BY THE CITY OF
EDMONDS AND WATERFRONT PARK ASSOCIATES, AND
EXEMPTING SUCH WORK FROM COVERAGE UNDER THE
SHORELINES MASTER PROGRAM AS AN EMERGENCY
MEASURE.
WHEREAS, the City of Edmonds is the owner of certain improved real property
located at 100 Railroad Avenue, Edmonds, Washington and formerly in use as a business known
as Anderson Marine, and
WHEREAS, since acquisition of the property, the structures on such property
have deteriorated, and
WHEREAS, such properties are surplus to the needs of the City, are not in active
use and the demolition of such structures has been delayed due to other required administrative
review of Shorelines Management and other permits as well as the pendency of a lawsuit with
the adjacent property owners, and
WHEREAS, demolition of the structures does not require a Shoreline Management '
Permit but improvements to the party wall to which the Anderson Marine structures are attached
exceed $2,500 in value and are located within the area subject to Shorelines Management
permits, and
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WHEREAS, during the continued delay in Shorelines Management permit
processing, the deterioration of buildings has reached a point where, based upon the report of
an independent building official reviewing the structures under the State Building Code including
the Dangerous Building Code, the buildings are dangerous and must be removed, and
WHEREAS, the City has reached settlement of certain issues in the litigation
between the City and the adjacent property owner, Waterfront Park Associates, culminating in
a Settlement Agreement and Reformation of a Party Wall Agreement, and
WHEREAS, such Settlement Agreement and Reformation Agreement call for
coordinated demolition of the structure in conjunction with the repair and reconstruction of the
party wall as well as a stair structure and a parapet railing required by removal of the Anderson
Marine structure, and
WHEREAS, the execution of the Settlement Agreement and Reformation
Agreement will require coordinated and immediate repair to the adjacent party wall in order to
prevent damage to the exposed party or common wall by the elements and the waste of public
funds in the form of temporary bracing and support which would not be necessary in the event
of appropriate repair and reconstruction of the party wall, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Edmonds hereby declares that a state
of emergency exists based upon the danger to the public health, safety and welfare by the
continued presence of structures located at 100 Railroad Avenue in the City of Edmonds,
Washington and commonly known as the Anderson Marine property. This declaration of
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emergency is based upon the report of an independent building official under the State Building
Code including the Dangerous Building Code. Such official has ordered the abatement of the
dangerous condition on site and the City Council finds that the most expeditious way to abate
such nuisance is by the immediate removal of the building and bracing and /or reconstruction of
the common wall repair of railing and rear stairwell to prevent damage to the adjacent property
owner in order to protect the common wall and adjacent commercial structure from damage from
the elements upon removal of the Anderson Marine Structures. Such reconstruction is declared
to be an emergency repair exempt from the coverage of the Shorelines Management Act pursuant
to RCW 90.58.030(3)(e)(iii) and, so long as such repair is limited to reconstruction of the
existing wall, stairwell and railing replacement, to be exempt from architectural design review
under ECDC.
RESOLVED this 6th day of June , 199 5 .
APPROVED:
I i Ji
•' '
ATTEST /AUTHENTICATED:
M•. S. M
FILED WITH THE CITY CLERK: 06/06/95
PASSED BY THE CITY COUNCIL: 06/06/95
RESOLUTION NO. 819
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