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Home My WebLink About2019 - Notice of Decision - Crossen Dan - 20190122000640Return Address: City of Tukwila City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 I'�BI[I'l��WV9��m�I�WI�Y 20190122000640 NOTICE Rea: $107.00 1/22/2019 1 v42 AM ICING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Do U ent Title($ (or transactions contained therein); (all areas apgl;cable to your document must be filled in) 1. �5 2. 1 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document G0." or s) Exac as na . e(s) appear on document 1. m_........._--------- 2. Additional names on page of document. Gra s (µ yctly as name(s) appear on document e ,. 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) RIVERSIDE INTERURBAN TRS BEG AT NXN OF W LN & S LN OF N 1/2 OF FOR S OF N 120 FT SD TR TH N 70 FT TH E 380 FT TH S 83.7 FT MI/1- TO ELY EXTSN OF EXISTING FENCE TH W 380 FT TO W LN TH N 14 FT M/L TO BEG LESS CO RD Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned t, The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verif y the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party (Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements July 11, 2018 DAN CROSSEN 25322 154TH ST CT E BUCKLEY WA 98321 Ly-iolations Violation # 1 REMEDIAL MEASURES REQUIRED Code Reference: 18.54.180 Enforcement File #: CE17-0280 Violation Location: 13250 401h Ave S Tukwila, WA Parcel #: 7340600965 D. Remedial Measures Required - In addition to penalties provided for in this chapter, the Director may require any person conducting vegetation clearing in violation of this chapter to mitigate the impacts of clearing by carrying out remedial measures. The following provisions shall apply in instances where such remedial measures are required: 1. The applicant shall satisfy the permit provisions as specified in this chapter Observed Conditions: On January 3, 2018, a Notice of Decision, L17-0085, was issued for the removal and replanting of trees on the property. On June 25, 2018, 1 observed trees have not been replanted on the property as required. Corrective Action: Plant trees in accordance with the January 3, 2018 Notice of Decision, L17-0085. Compliance Date: November30, 2018 Violation # 2 WEEDS AND OVERGROWTH Code Reference: IPMC 302.4 (as adopted by TMC 8.28.020) WEEDS. Premises and exterior property shall be maintained free from weeds or plant growth in excess of [12 inches]. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.... Observed Conditions: On June 25, 2018, 1 observed weeds and grass in excess of 12 inches on the property. Corrective Action: Trim back overgrowth to a height of 12 inches or less on entire property and remove trimmings from the property. Compliance Date: August 6, 2018 CITY OF TUKWILA CODE ENFORCEMENT 9 63oo sm JTHCFNTFR RI Vn SI 11TF 1nn TI 110A/11 A INA QSZ1 stst . 17nF1A21_1F71 This is a notice that your property is in violation of the Tukwila Municipal Code. You must complete the corrective action noted above by the compliance date indicated. FAILURE TO COMPLY WITH THIS ORDER SHALL SUBJECT YOU TO A MONETARY PENALTY OF UP TO $250 PER DAY PER VIOLATION FOR EACH DAY THAT THE VIOLATION EXISTS PURSUANT TO TMC 8.45.120(2). Code Enforcement Officer: Jim Toole Telephone: (206) 431-3676 Email: jim.toole@tukwilawa.gov CITY OF TUKWILA CODE ENFORCEMFNT • F,4nn CFII ITHCFNTFR RI \/n CI IITF 1nn TI ❑M/11 A \A/4 QQ1 QQ . /')0r\AQ1_1r71 City of Tukwila Code Enforcement Appeal Instructions A person may, within ten days of being served this notice, file with the Tukwila City Clerk a written notice of appeal along with payment of the $300 appeal fee, containing the following: 1.The Code Enforcement case file number; 2.A brief statement setting forth the names, mailing address(es), and legal interest of each of the persons appealing this notice and order; 3.A brief statement of the specific order or action protested, together with any supporting facts; and 4. 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. Any appeal of this Notice of Violation and Order must be filed WITHIN 10 DAYS of being served this notice. There will be no other opportunity to appeal this order, and noncompliance with this order may result in further legal action. CITY OF TUKWILA CODE ENFORCEMENT 9 63mn S0[JTHCFNTFR RI vn CI IITF inn TI 10AIII A IAIA QR1 RR . 1')0F1na1_:1r71 City of Tukwila • Allan Ekberg, Mayor f • Department of Community Development- Jack Pace, Director NOTICE OF DECISION TO: Dan Crossen, Applicant King County Assessor, Accounting Division Washington State Department of Ecology This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Protect File Number: L17-0085 Applicant: Dan Crossen Type of Permit Applied for. Tree Removal and Replacement Permit Proiect Description: Installation of 22 trees to replace trees removed in a sensitive area. Location: 13250 40"' Ave South, Tukwila, WA 98168 Associated Files: None Comprehensive Plan Oesi nation/Zoning District: Low Density Residential (LDR) II. DECISION SEPA Determination: The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. Decision on Substantive Permit: The City Community Development Director has determined that the application for a Tree Replacement Permit does comply with applicable City and state code requirements and has approved that application, subject to any conditions which are set forth in the Decision. Conditions: • Applicant must install 22 trees utilizing at least four different native tree species from the approved list below: Tukwila City Hall < 6200 Southcenter Boulevard - Tukwila, WA 98188 • 206-433-1800 . Website: TukwilaWA.gov o Douglas Fir o Western Red Cedar o Pacific or Sitka Willow o Pacific Dogwood o Big Leaf Maple Vine Maple o Cascara o Sitka Spruce + Trees must be installed on or before April 15,h, 2018. The City will perform an initial inspection following installation of the 22 trees. • Planted trees will be subject to annual inspections or reports during a three-year monitoring period, with the final inspection to take place in 2021. III. FINDINGS Tukwila's Tree Regulations (TMC 18.54) regulate the clearing of trees and understory vegetation in environmentally sensitive areas (wetlands, watercourses, and steep slopes, including their buffers). The City's Sensitive Areas Regulations also regulate vegetation removal within sensitive areas and their buffers. Generally, when significant (4 inches or more in diameter) trees are removed from sensitive areas, tree replacement is required at the ratios shown in the following table: Diameter of Exist) .g Tree Removed 4 - 8 inches 8 - 12 .........ir....... hch_.. �s 12 18 inc�es - s 18 - 24 inches >24 inches No. of Reclaceme-it Trees Required L 4 8. In this case, three large trees were cut down (one 20" and two 24" or greater), requiring 22 replacement trees to be installed. Replacement trees in wetlands, watercourses and their buffers must be species native to the Puget Sound region and appropriate for the site (taking into account shade, moisture, and space requirements). IV. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 1 decision pursuant to Tukwila Municipal Code §18.104,010. Other land use applications related to this project may still be pending. No administrative appeal of a DNS or an EIS is permitted. One administrative appeal to the City Hearing Examiner of the Decision on the Permit itself is permitted. If an MDNS was issued, any person wishing to challenge either the conditions which were imposed by the MDNS decision or 11 the failure of the Department to impose additional conditions in the MDNS must raise such issues as part of the appeal to the Hearing Examiner. A party who is not satisfied with the outcome of the Hearing Examiner appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision. V. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, that is by January 17, 2018. The requirements for such appeals are set forth in Tukwila Municipal Code ch. 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition, all hearing examiner costs will be passed through to the appellant. VI. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as a closed record hearing before the Hearing Examiner based on the information presented to the Community Development Director, who made the original decision. No new evidence or testimony will be permitted during the appeal hearing. Parties will be allowed to present oral argument based on the information presented to the Community Development Director before their decision was issued. The Hearing Examiner's decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing Examiner's decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW ch. 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner's decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. The City's decision to issue a DNS, an MDNS or an EIS is final for this permit and any other pending permit applications for the development of the subject property. VII. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Max Baker, who may be contacted at 206-431-3683 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's office for further information regarding property tax valuation changes. tr i Department of Community Development City of Tukwila 4 payl-t Speq&r—cl r\ t, to +of� ap6u/� + 4o cvp,,c-L 4- a&&Olo� +YCZ6 lc>-P- - k p W/1" Zack - Hof ol 0 p4 / 7- 0071 I E ('y E I N/!,-.z D OEC 18 2017