HomeMy WebLinkAbout2013 - Findings and Decision of Hearing Examiner and Violation Notice and Order - Desjardin Catherine - 20131227000570 Return Address: I III I 11 1 11 11
CITY CLERK
CITY OF TUKWILA 20131227000570
6200 Southcenter Blvd. CITY OF TUKWIL MISC—RER 150.00
Tukwila,WA 98188 PAGE-001 OF 007
12/27/2013 11:48
KING COUNTY, WA
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Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in)
1. FINDINGS&DECISION OF HEARING EXAMINER 2. VIOLATION NOTICE&ORDER
3. 4.
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CITY OF TUKWILA
2.
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Grantee(s) Exactly as name(s)appear on document
1 DESJARDIN, CATHERINE
2.
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Legal description(abbreviated: i.e. lot,block,plat or section,township,range)
LEGAL DESCRIPTION ON ADDITIONAL PAGE
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Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet
assigned
_ D ?) 3700 — DI 0
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LEGAL DESCRIPTION
THAT PORTION OF GOVERNMENT LOT 5,SECTION 10,TOWNSHIP 23 NORTH, RANGE 4 EAST,W.M., IN
KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT A STONE MONUMENT ON THE WEST LINE OF SAID SECTION WHICH BEARS SOUTH
1168.66 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE EAST AT RIGHT ANGLES TO SAID WEST LINE,1312.86 FEET TO THE WEST LINE OF SAIS
GOVERNMENT LOT 5;
THENCE 0°04'10.7" EAST ALONG SAID WEST LINE,40 FEET TO THE NORTH LINE OF SOUTH 116TH STREET;
THENCE EAST ALONG SAID NORTH STREET LINE,200 FEET TO THE TRUST POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID STREET LINE,79.99 FEET;
THENCE NORTH 0°04'10.7"WEST 234.70 FEET,MORE OR LESS,TO THE SOUTH BANK OF THE
DUWAMISH RIVER;
THENCE WESTERLY ALONG SAID RIVER BANK TO A POINT WHICH BEARS NORTH 0°04'10.7"WEST FROM
THE TRUE POINT OF THE BEGINNING;
THENCE SOUTH 0°04'10.7"EAST,236.8 FEET,MORE OR LESS,TO THE TRUE POINT OF BEGINNING.
(BEING KNOWN AS TRACTS 36 AND 37,BENNETT'S INTERURBAN TRACTS,ACCORDING TO THE
UNRECORDED PLAT THEREOF;EXCEPT THE EAST 7.5 FEET THEREOF.)
TAX ACCOUNT NO.073300-0190
t 2 d
FINDINGS AND DECISION
OF THE HEARING EXAMINER FOR THE CITY OF TUKWILA
In the Matter of the Appeal of
File Number:
CATHERINE DESJARDIN RFA09-146
From a Violation Notice and Order issued
By the City of Tukwila Code Enforcement Officer
Introduction
The City Code Enforcement Officer issued a Violation Notice and Order to Catherine
DesJardin, for violation of the Tukwila Municipal Code, and Ms. Desjardin timely
appealed. A hearing on the appeal was held before the Tukwila Hearing Examiner on
May 21, 2009. Appearing at the hearing were the Appellant, Catherine Desjardin; and
the City, by Carol Lumb, Senior Planner; Katherine Stetson, Code Enforcement Officer;
Mary Hulvey,Code Enforcement Officer;and Sara Springer,Assistant City Attorney.
For purposes of this decision, all section numbers refer to the Tukwila Municipal Code
(TMC or Code)unless otherwise indicated.
After due consideration of the evidence elicited during the hearing, the following shall
constitute the findings of fact, conclusions, and decision of the Hearing Examiner on this
appeal.
Findings of Fact
1. The subject property is addressed as 3826 S. 116th Street, Tukwila, Washington,
and is King County parcel number 073300-0190. Catherine Desjardin is the legal owner
of the property.
2. The property is located on the Duwamish River and was part of an area annexed
to the City. At the time of annexation, the property was regulated by the King County
Shoreline Master Program, which was adopted by King County on May 1, 1978, and
implemented through King County Code(KCC)25.16,as amended. Because the City's
Shoreline Master Program has not been amended since the annexation, the shoreline
master program regulations contained in KCC 25.16 continue to apply to the property.
3. The riverbank area on the site is identified on the federal Flood Insurance Rate
Map as Flood Zone AE.
RFA09-0146
Page 3 of 4
public improvements or the preservation of important agricultural lands. By rule adopted
on May 4, 2000, the King County shoreline regulations were amended to require that a
geotechnical report is required before a permit(or an exemption from the requirement for
a permit)can be granted for shoreline protection.
Conclusions
1. The Hearing Examiner has jurisdiction over this matter pursuant to TMC
8.45.090.
2. The evidence shows that Ms. Desjardin violated TMC 16.52.090 by failing to
obtain a flood zone control permit prior to placing the gravel and rock in a special flood
hazard area. The record also shows that she violated the shoreline master program
requirements of KCC 25.16 by failing to obtain either a shoreline exemption or a
shoreline substantial development permit for this work. Therefore, the Notice and Order
were properly issued and should be affirmed. While her concerns about flood and
erosion damage are understandable, the Code nevertheless requires that the flood zone
control permit and a shoreline exemption and/or substantial development permit be
approved and issued for work in the shoreline and flood hazard area.
3. The Cityy at hearing agreed that the 60-day time frame for compliance could be
extended if the appellant were making reasonable progress towards achieving
compliance. The requested compliance measures will be modified to reflect this.
Decision
The April 15, 2009 Violation Order and Notice issued to Catherine Desjardin is hereby
SUSTAINED.
Compliance shall be achieved not later than 60 days from the date of this decision,unless
a later date is agreed to by the City,by either:
(1) Removing all material placed without a permit above and below the
Ordinance High Water Mark and re-vegetating the river bank. This
option may require a Hydraulic Project Approval (HPA) permit from
Washington State Department of Fish and Wildlife prior to performing the
work;
Or
(2) Applying for a Flood Zone Control Permit pursuant to TMC 16.52
and a shoreline exemption or shoreline substantial development permit
pursuant to KC 25.16.180 and the May 4, 2000 Administrative Rule.
BEFORE THE HEARING EXAMINER
CITY OF SEATTLE
CERTIFICATE OF SERVICE
BY MAILING
I, Alvia N. Williams, certify that on the 27th day of May,2009, I deposited in the mail
of the United States (with postage prepaid) and in the City's Mail/Messenger FINDINGS
AND DECISION addressed to each person listed on the back of this affidavit or on the
attached mailing list, in the matter of CATHERINE DESJARDIN. File number: RF A09-
146. I further certify under penalty of perjury under the laws of the State of Washington
that the foregoing is true and correct and that this certificate of service was executed this
27th day of May,2009,at Seattle,Washington.
Certified Copy Sent To:
Catherine DesJardin
3826 S. 116th Street
Tukwila WA 98168
,AL4)-uk (,(}dezet-m-,—
Name: Alvia N. Williams
Title: Paralegal
;:4;x`4, `why., City of Tukwila Violation
?'„,t.., .,, Code Enforcement
l-ice _% 6300 Southcenter Boulevard Notice And Order
me .- Tukwila,WA 98188 Tukwila Municipal Code §
(206)431-3670
FAX: (206)431-3665 8.45.050(D)
The undersigned City of Tukwila Code Enforcement Officer,hereby certifies and states that:
Violation Location:: 3826 S.116th Street,Tukwila,WA 98168 File#: RFA09-146
--
Owner Name: Catherine Desjardin
Address: 3826 S.116th Street
City/State/Zip:: Tukwila,WA 98168
is in violation of Tukwila s Municipal Code(TMC),
TMC Chapter: TMC 16.52 Floodplain Management
When the Duwamish neighborhood was annexed to the City in 1989,State law required
that the City administer the King County Shoreline regulations in place at that time until
such time as the City adopted a new Shoreline Master Program.
Generally,ANY filling,vegetation removal or bank stabilization work requires the property
owner to follow the requirements of the Shoreline Master Program. Depending on the
extent and value of the work,a permit may be required,but regardless,the shoreline
rules must always be followed.
You have installed gravel on the bank and removed some vegetation. No permit was
issued for this work. The following regulations apply:
KCC Chapter: ICCC 25.16.180 D Shoreline protection is not an outright permitted use and shall be
permitted only when it has been demonstrated that shoreline protection is necessary
for the protection of existing legally established structures and public improvements
or the preservation of important agricultural lands as designated by the Office of
Agriculture.
KCC Chapter KCC 25.16.180. Under a rule issued May 4,2000,King County shoreline regulations
were amended to require a geotechnical report analyzing the causes and rates of
erosion at the site. Prior to permitting shoreline protection,the geotechnical report must
demonstrate that wave or current action is the primary agent of erosion and that non-
structural alternatives have been analyzed and shown to not work. A shoreline
substantial development permit may be required.
Corrective Action required:
Violation notice&order Page 1 of 2
Compliance Date: April 29,2009
Corrective Action: Because this work was done without permits and without following the
Shoreline Master Program rules,the City requires that this area be
restored under the supervision of City Staff. This includes an approved
plan for restoration,a geotechnical report,and other requirements as
determined by the City when the plan is submitted and reviewed.
You must contact Carol Lumb,Senior Planner,206-431-3661,by the above
compliance date and arrange for a meeting to discuss the next steps.
FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO A MONETARY PENALTY OF UP TO$500 PER
DAY FOR EACH DAY THAT THE VIOLATION EXISTS UNDER THE PROVISIONS SET FORTH IN TMC 8.45.100(2).
Appeal Provisions:
A person may,within ten days of receipt of this notice,file with the City Clerk a written notice of appeal containing the
following:
1. A heading with the words: "Before the Hearing Officer of the City of Tukwila";
2. A caption reading: "Appeal of , giving the names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the property involved in the
notice and order;
4. A brief statement of the specific order or action protested,together with any material facts claimed to •
support the contentions of the appellant or appellants;
5. A brief statement of the relief sought,and the reasons why it is claimed that the notice and order should be
reversed,modified,or otherwise set aside;
6. The signature of all persons named as appellants,and their official mailing address;
7. The verification(by declaration under penalty of perjury)of each appellant as to the truth of the matters
stated in the appeal.
8. The appeal fee for violations in the LDR zone is$100.00 and in all other zones is$200.00. Fees must
accompany the written notice of appeal.
Failure to appeal this Violation Notice and Order shall constitute a waiver of all rights to any additional administrative hearings.
Failure to respond may result in the matter being forwarded to the City Attorney for further action.
Signed�,(1 Today's date April 15,2009
Name: ary L.Hulvey Phone 206/431-3676
Title: Code Enforcement Officer Email: mhulvey@ci.tulcwila.wa.us