HomeMy WebLinkAbout2013 - Findings and Decision of Hearing Examiner and Violation Notice and Order - Kerr Georgina - 20131227000571 1 I
Return Address:
CITY CLERK 20131227000571
CITY OF TUKWILA
6200 Southcenter Blvd. CITY OF TUKWIL MISC—RER 149.00
PAGE-001 OF 006
Tukwila,WA 98188 12/27/2013 11:48
KING COUNTY, WA
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1 FINDINGS&DECISION OF HEARING EXAMINER 2. VIOLATION NOTICE&ORDER
3. 4.
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l CITY OF TUKWILA
2.
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Grantee(s) Exactly as name(s)appear on document
l KERR, GEORGINA
2.
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LEGAL DESCRIPTION ON ADDITIONAL PAGE
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assigned
01 27OO - 01 $U
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LEGAL DESCRIPTION
THAT PORTION OF GOVERNMENT LOT 5,SECTION 10,TOWNSHIP 23 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION;
THENCE SOUTH ALONG THE WEST LINE THEREOF 1168.66 FEET TO A STONE MONUMENT SET AS THE
INITIAL POINT OF THE LANDS RELEASED BY ADA H.BENNETT TO THE DUWAMISH INVESTMENT
COMPANY ON AUGUST 7, 1913;
THENCE EAST AT RIGHT ANGLES ALONG THE SOUTH LINE OF SAID RELEASED LAND AND THE EXTENSION
THEREOF 1312.86 FEET TO THE LINE BETWEEN GOVERNMENT LOTS 5 AND 6 OF SAID SECTION;
THENCE ALONG SAID DIVIDING LINE SOUTH 0°04'10.7" EAST 40 FEET TO A POINT ON THE NORTH LINE
OF A ROAD WHICH LINE IS PARALLEL WITH THE SOUTH LINE OF SAID RELEASED LAND;
THENCE EAST ALONG SAID PARALLEL LINE 280 FEET TO THE TRUE POINT OF BEGINNING;
THENCE EAST ALONG SAID PARALLEL LINE 47.49 FEET TO THE EAST LINE OF A 3 3 ACRE TRACT
CONVEYED BY HENRY C.VALENTINE AND WIFE TO JAMES M.MITCHELL BY DEED DATED DECEMBER 29,
1868;
THENCE ALONG THE EAST LINE OF NORTH 0°38'23"WEST 242 FEET MORE OR LESS TO THE HIGH TIDE
LINE OF DUWAMISH RIVER;
THENCE WESTERLY ALONG SAID TIDE LINE 46 FEET MORE OR LESS,TO A LINE WHICH IS PARALLEL AND
280.00 FEET EAST OF THE LINE BETWEEN SAID GOVERNMENT LOTS 5 AND 6;
THENCE SOUTH 0°04'10.7"EAST 235 FEET MORE OR LESS TO POINT OF BEGINNING;
(BEING KNOW AS TRACT 35 AND THE EAST 7.5 FEET OF TRACT 36, BENNETT'S INTERURBAN TRACTS,
ACCORDING TO THE UNRECORDED PLAT THEREOF)
FINDINGS AND DECISION
OF THE HEARING EXAMINER FOR THE CITY OF TUKWILA
In the Matter of the Appeal of
File number:
GEORGINA KERR RFA09-145
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 Georgina
Kerr, for violation of the Tukwila Municipal Code, and Ms. Kerr 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, Georgina Kerr; 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 3834 S. 116th Street, Tukwila, Washington,
and is King County parcel number 073300-0180. Georgina Kerr 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 in 1989. 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.
RFA09-0145
Page 3 of 4
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. The Violation Notice and Order was properly issued:
3. Ms. Kerr at hearing noted that she may require additional time and information
in order to come into compliance, and the City noted that it would agree to an extension
of the deadline for compliance, if reasonable progress were being made. Ms. Kerr was
also advised at hearing that she could contact the City Planning Department for
information about the permitting process, and the studies that are required before permits
can be issued. The City's requested action will be modified to allow for an extension of
the compliance deadline,provided the City is in agreement with the extension.
Decision
The April 15, 2009 Violation Order and Notice issued to Georgina Kerr 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.
Supporting materials to be included with these applications include a
geotechnical report and hydraulic study. An HPA permit must be
obtained from the Washington State Department of Fish and Wildlife prior
to issuance of these permits.
Entered this 27th day of May,2009.
Anne Watanabe
Hearing Examiner
o City of Tukwila Violation
Er Code Enforcement
, ° 6300 Southcenter Boulevard Notice And Order
= Tukwila,WA 98188
1908 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:: 3834 S.116th Street,Tukwila,WA File#: RFA09-145
Owner Name: Georgina L.Kerr
Address: 3834 S.116th Street
City/State/Zip:: Tukwila,WA 98168
is in violation of Tukwila's Municipal Code(TMC),
TMC Chapter: TMC 16.52 FIoodplain 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: KCC 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: 414.4.4614,Leim Today's date: April 15,2009
Name: Mary Hulvey Phone 206-431-3676
Title: Code Enforcement Officer Email: mhulvey @ci.tukwila.wa.us