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18-104287 RESUBMITTED DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES Federal Way,WA 98003-6325 CITY OF 110111%ftwo/ CRY OF FEDERAL WAY 253-835-2607;Fax 253-835-2609 Federal VVaYcOMMUNV DEVELOPMEr www.cityoffederalway.com RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. **Please note: Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting ifyou are not sure about the number of copies required. ** ANY CHANGES TO DRAW/NGS MUST BE CLOUDED. Project Number: g - ICIL l 2 g- 7 - 0 - -� Project Name: k U 'r s T L gE .O wi-/ Project Address: 330 it 35-i,t,. Ave s Project Contact: p u i S Phone: 2 5 3 - 8 3 - 9 ? RESUBMITTED ITEMS: #of Copies*' Detailed Description of Item Rey ,/451 wI Yr fair hhq doe/4 .•> 5 **Always submit the same number of copies as required for your initial application.** Resubmittal Requested by: �� LGv Letter Dated: / / (Staff Member) t;:,,A3OFFVE USE ONLYm,44,-.*KAt RESUB#:• Distribution Date: By: Dept/Div Name # Description Building X Planning to i I a PW Fire Other Bulletin#129—January 1,2011 Page 1 of 1 k:\Handouts\Resubmittal Information RESUBMITTED SEP 1 7 2018 September 17,2018 To: Leila Willoughby-Oakes CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT Planning Division,City of Federal Way From: Norman and Lois Kutscha 3302138`h Avenue South, Federal Way,WA 98001 Phone: 253-835-9781; Email: kutscha@comcast.net Subject: Re: Shoreline/Wetland Buffer Tree Removal(File 18-104287-00-AD) Leila: Thank you for your email on Friday,September 14,2018. Here are our responses. 1. Norman P. Kutscha's Forestry Qualifications(Attachment 1). 2. Site plans showing the location of tree to be removed by chainsaw are shown in Attachments 2 and 3. The tree is about 65 feet from the edge of North Lake and about 13 feet from the northwest corner of our house at 33021 38th Avenue South. It is a western hemlock(Tsuga heterophylla),with a diameter-at-breast height(DBH)of 32 inches. 3. The base of the tree is distorted(Figure 1) indicating the tree was probably pushed over in a northeasterly direction by a windstorm many years ago. The tree was probably injured in its base in the form of wind cracks and possibly a certain amount of ensuing decay. The neighbor to the north just had a large tree cut which contained wind cracks which prevented the logs from being sold for lumber. The entire trunk of this tree has a vertical curvature,suggesting that after being pushed over by the wind,the tree tried to straighten itself out by formation of compression wood on the underside of the leaning tree.Compression wood is weaker than normal wood. The entire trunk is also definitely leaning in a northeasterly direction (Figure 2),toward our neighbor's house at 33017 38'Avenue South. The prevailing winds off North Lake are in a northeasterly direction. Because of the distortion in the base of the tree,which may contain wind cracks or even decay, and its current leaning position,we are concerned with the possibility of the tree falling on our neighbor's house. Our neighbors are concerned as well (Attachment 4). In 2015(12/19/15)a very large Douglas-fir tree on the vacant lot to our south with Douglas-fir root rot blew over in a windstorm,fell across the entire width of our lot,breaking an underground water pipe,and extended onto our neighbor's lot(33017 38th Avenue S)to the north. We,and our neighbor, highly recommend that this tree be removed,including the stump and roots because large roots are currently exposed on the surface of the ground. The tree removal site will be landscaped to match the surrounding lawn. 4. We have recently planted the following trees on our property: Tree Height Diameter Bristlecone pine 9 feet Eucalyptus 1%inches Flowering plum 3'inches Smoke tree 3''A inches Chinese fir 7 feet Palm 6 inches Banana 3 inches If this is not sufficient for meeting the requirement of planting a replacement tree,we will plant a Sitka spruce in the location shown in Attachment 3. 920.1- ... f). 9e.,, ,,,,„, yeaS gaicAA, Norman Kutscha Lois Kutscha Attachment 1: PERSONAL QUALIFICATIONS Norman P. Kutscha 1. Bachelor of Science Degree,cum laud(1959) Wood Science and Technology, New York State College of Forestry at Syracuse University, Syracuse, NY Specialized Training In: Tree growth and physiology Tree pathology and wood deterioration my microorganisms Forest ecology Timber mechanics 2. Master of Science Degree(1961) Forestry, University of Wisconsin, Madison,WI Specialized Training In: Microscopic analysis of wood, including wood decay by wood decay fungi 3. Ph. D. Degree(1967) Wood Science and Technology, New York State College of Forestry at Syracuse University, Syracuse, NY Thesis: Cell wall development in normal and compression wood of balsam fir,Abies balsamea(L.) Mill. Specialized Training In: Light and electron microscopic analysis of wood 4. Teaching and Research (1967-1977) Assistant Professor,School of Forest Resources, New York State College of Forestry at Syracuse University,Syracuse, NY(1967-1968) Associate Professor,School of Forest Resources, University of Maine,Orono, ME(1968- 1977) 5. Research and Development(1977-2003) Microstructure and Wood Science Unit,Weyerhaeuser Company, Federal Way,WA '' ' ' .---• .",........ 1 • LI-- - ... t 611P1M.:,... .- •- ;---,;:..4..';.=.;--.;;;;S.....--i•-ii,-;.-------z-7-7, E.ii", .-,... ... r.". ...-_ rit, 4 i! .••••.--..• ...- • :7..„ if..--:' ...... .._. . _:---.. -.,... ._ -;--- -,-.-.- . .., _ -7--- "t7r1,- •^7--- r--1- _.,... .:C cf".• I.--7- -:---- cr -- _.-. .,-.. ; I. . --- --, ---: -_- ___ "r71--- _-_-. --- ---:, '--- --.---- a) .,...-.-. . . -:— _.--- .._ _ - - . ._. .-.. ._ . . ,filike se-t-i7 AUE-NQE soLaH ...... ... inspil.90,. 4 1 I iP.7 ••••••" .4......„6„„,---=,_-,,,_,---- _-- .... — _ --- t _ .- . • _ • • _ — _• -r-.i- -,:-.4- --- • .- .. It kg l---• "'-i- -7--- .:' •.. -..'''• -,i- --- --_ ._.. .-. . __. .- -ai.221:121r =Mr Ilicaff.-- magairvatur.= m =10=10r a ' 7-- - .. . ... em."*.".." 1".°".."1.". .. ...4"."1"*".""6"...".."1.1 """m"..... -11:mb........H11214.-' r------•-' 0 -1211:3C-1:422r Attachment 2: Location of tree to be removed. •paTueId aq of aaal pue panoWaa aq ol aai jo uoi}e3o1 :E luawtpei2y A IV t •£ ' _ ' , , i V 3! x g ' 6b lamf,":64 ✓ x " \ a LL1:ti-43V a\wa , Qy -,,,,,,viti, mama . ..'4t. ' -4.41k4'.,41,*'-'16:4 LTU£ .ir t�. 1111 t1te .10 3 :. ..,,, ,..,,_,,.. % , . n Viz, iiiilL si,' 1 `I 5 z a r ? a ' •�*L? t .ti F � 2'E t ,fyyrt. 1 l• i <. tiIlt. p_ -- • t :-.4-,foili-_ , 4 '''f. .-ik,-.. .4.04,- - . = .".--,;:-;.,, --f" :i.„, . J'dric V r it fir--a t r• q:. F ice. .ice 211 .40%.-144 Figure 1: Distortion/bulge at base of hemlock tree (note right side of tree) at 33021 38th Avenue S, Federal Way. Tree was probably partially pushed over by a northeasterly direction wind many years earlier. The wood in the base of the tree probably sustained wind cracks and possibly a certain amount of ensuing decay. T_ 3 cat_ w. f cG 1 Figure 2: Lean of hemlock tree(red tape) located 13 feet from the northwest corner of house at 33021 38th Avenue S. Tree is leaning in a northeasterly direction,toward the neighbor's house at 33017 38th Avenue S. The prevailing winds off North Lake are in a northeasterly direction. (finity Connect Printout https://connect.xti ' om/appsuite/v=7.8.4-27.20180622.055119/pr... K&n Clifton<Idincliftonawfmilsoistkcont> 9/15/2018 6:59 PM T3 Norm and Las Kutscha<lautscha@comcast net> Hello Norm and Lois, We are sending this email to express our concern over the tree in your yard between our homes. Your tree is approximately 70,or so,feet from the water line near your deck surrounded by ivy. The tree appears to be in poor health and is leaning toward our home. Scott and I are very concerned that if it is not removed before winter a strong wind storm may push it over onto our roof. Although it may be costly to remove the tree it may be less costly in the long run to remove it now before damage is done to either of our homes. I appreciate your consideration in this matter. Regards, Kim Clifton&Scott Dugaw Kim Clifton Broker/Property Manager Windermere Property Management 13106 SE 240th St Suite 200 Kent,WA 98031 206-909-5869 kimclifton@wwnsouth.com kimclifton.withwre.com Attachment 4: Statement from next-door neighbor at 33017 38th Avenue South. of 1 9/15/2018,8:42 PM 1�4)[antu n5 P ,) 'RECEIVED REQUEST FO__ADMINISTRATIVE DECISION r CIT$OF �„1 DEPARTMENT OF COMMUNITY DEVELOPMENT Federal Way SEP 13 2018 33325 8t Avenue South Federal Way,WA 98003-6325 CITY OF FEDERAL WAY 253-835-2607;Fax 253-835-2609 COMMUNITY DEVELOPMENT www.citvoffederalway.com FILE NUMBER I ! -± 0 7 2 q -7 -A )Date q(I 3 l 1 Applicant NAME PRIMARY PHONE Norrnav► ctnd Lois KArseh& 25 3 -S 35-9 7& BUSINESS/ORGANIZATION ALTERNATE PHONE MAILING ADDRESS E-MAIL, 3302( 39 "1 4uevlc4e, SoutO rtasefrtai)eov►'1exte:net CITY STATE ZIP FAX Fede.r-ett wa.1 g 1-Q W 4 9800( Property Address/Location lam 2 e7i -. - Description of Request Re-0% toV Gi1 of poSS i b(e ctcu i ev-o t.ts --tr-e.e., List/Describe Attachments Offq i' ene.tift 1 ' I creport'o✓! 0'6- letuCst l b Cr/(Tvee. a1'661,v1ee'? Z . Dfagrawl of Tie, C ffQcmvvlevir a : Local-roil of -Free-, For Staff Use ❑ Code Interpretation/Clarification - No Fee ❑ Critical Areas Letter/Analysis/Peer Review - No Fee(Actual Cost if Applicable) ❑ Request for Extension(Land Use/Plat Approval) - Check Current Fee Schedule ❑ Revisions to Approved Permit - Check Current Fee Schedule ❑ Tree Removal - No Fee ❑ ' g Compliance Lette((r/�'�� - Check Current Fee S hedule izi/1(/±-ii c (7 Bulletin#079-January 4,2016 Page 1 of 1 k:�Handouts\Request f dmmistrahve Decision ATTACHMENT 1: DESCRIPTION OF REQUEST TO FELL TREE To: Planning Division,City of Federal Way From: Norman and Lois Kutscha 1. We need to cut down a 32-inch diameter-at-breast height hemlock tree which is about 65 feet from the edge of North Lake and about 13 feet from the corner of our house. The base of the tree is enlarged and distorted. The tree is leaning towards our neighbor's house to the north. We are afraid it might blow over onto their house. Also,some of its major roots are exposed on the surface of our neighbor's lawn. 2. We are concerned about this tree being too close to our house as well as the possibility of the tree falling on our or the neighbor's house. In 2015 (12/19/15)a very large tree on the vacant lot to the south blew over in a windstorm,fell across the entire width of our lawn and broke an underground water pipe. 3. We will still have eight very large evergreen trees and ten smaller deciduous and evergreen trees on our property. 4. We request permission to cut and remove the hemlock tree for safety reasons as soon as possible. Leila Willoughby-Oakes From: Leila Willoughby-Oakes Sent: Friday, September 14, 2018 12:22 PM To: 'kutscha@comcast.net' Subject: Shoreline/Wetland Buffer Tree Removal (File 18-104287-00-AD) Hi Lois, Thank you for submittal. In an effort to expedite you review process could you email me some photos as as well as a signed letter from a forester or a certified arborist stating that indeed the tree is hazardous?You mentioned your husband is an arborist or forester? FWRC 19.145.130(7)which states: "Vegetation maintenance such as hazard tree removal, removal of nuisance vegetation,and limited pruning for view preservation.The applicant shall submit a vegetation maintenance plan prepared by a certified arborist or registered landscape architect that includes the following: (a)A site plan at appropriate scale denoting the extent of the proposed vegetation maintenance activity;X (b)Tree and vegetation location,type,and caliper of each tree within the area subject to the proposed X vegetation maintenance activity; (c)Identification of methods of vegetation maintenance(limited to hand tools and hand powered tools);and X (d)Proposed tree and/or vegetation replacement shown on the site plan.X Unfortunately, I was just routed your application today. Kind regards, Leila L.Willoughby-Oakes Associate Planner cn.w Federal Way 33325 8`"Avenue South Federal Way,WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 www.cityoffederalway.com Land Use Applications:http://www.cityoffederalway.com/index.aspx?nit=481 Planner on Duty:253-835-2655 I Plnelnauiry@cityoffederalway.com 1 .---) CNi 4.,..4 ......... ~r- LL- C) (Z) - -- c.-.7.- 1- cz) ccrr,cceCz),sfv,z- 77(01 . oCc--c„,---v--- t-3))) c_ _..-.-_c.2-_-1))- ,r0 • ccL„._-:--.7,o c„"cc.:- •-- o(ce (E D Cri _, .-- -v-_1\---)-1'. ..9. (-NJ ...C) Ce) LC) re) Ell 1..r) = c:=) ..r, cp C ) Co cp co ci co 0--) cz, ) e44 *Ct. .4t1. 4Z:). , 0, 0 cs, ,1) IX i-, 0 I i (T. It-- CT' cy d (z=, ce) P co') . . _ - NCD ..k--- -a-- ----• Nr.-- 1----c.---71. cZ) cp <z> f=) (ID ti CI, er, .ezr ItZt :"Il •r71- -..- c i " ZI- -.. — L.C) (7 I---1 Cr) CO "It"-. C) kl) (11.1 1 ,-- 4 1 e I (... ,s .._:. 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Federal Way Federal Way,WA 98003-6325 (253)835-7000 Centered on Opportunity wwwcityoffederalway.com Jim Ferrell, Mayor September 17,2018 Lois Kutscha Emailed: kutscha@comcast.net 33021 38th Avenue South Federal Way, WA 98001 RE: File#18-104287-00-AD; TREE REMOVAL REQUEST Kutscha,33021 38th Avenue South,Federal Way Dear Ms. Kutscha: The city is in receipt of your September 13, 2018, request to remove one mature hemlock tree with a 32- inch DBH located 65 feet from the edge of North Lake. The subject property is located in shoreline jurisdiction on the eastern side of the lake. Lake Fringe wetlands are depicted on the city's critical areas inventory and mapping within 200 feet of the subject property. FINDINGS&ANALYSIS Pursuant to the Department of Ecology Technical Memorandum dated October 10, 2016, wetlands exist below the ordinary high water mark' of North Lake due to the presence of aquatic bed vegetation(even if removed by residents), hydrology and hydric soils.This has important implications for future land uses and in this case land disturbances, including vegetation maintenance and removal along the lake shore. The Department of Ecology determined that North Lake's lake fringe wetland is rated as a Category II wetland with a standard buffer of 100 feet pursuant to FWRC 15.10.250. As the exact location of North Lake's upland wetland buffer is variable, without conducting a wetland delineation report prepared by a biologist,the applicant agrees to mitigate any said critical area impacts by planting native vegetation and replacement tree(s). The submitted vegetation maintenance plan appears to retain the minimum 13 tree units required by FWRC 19.120.130. Furthermore, the applicant's arborist deems the hemlock a hazard tree as it is 13 feet from the residence. APPROVAL&CONDITIONS The Community Development Department hereby approves your request subject to the conditions below. 1. No activity shall occur within 50 feet of the lake ordinary high water mark. 2. Replace the existing tree located within the wetland buffer with a similar species,size and caliper. 3. If applicable, plant additional ground vegetation in disturbed areas to address any soil erosion. 4. Please schedule a final planning inspection. "Ordinary high water mark(OHWM)"means the mark on all lakes,streams,and tidal waters that will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland,in respect to vegetation,as that condition existed on June 1, 1971,as it may naturally change thereafter,or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology. In any area where the ordinary high water mark cannot be found,the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. Ms.Kutscha September17,2018 Page 2 CLOSING Should you have questions regarding this letter, please contact me at 253-835-2644 of leila.willoughby- oakes@cityoffederalway.com Sincerely, Ca_Zej Leila Willoughby-Oakes Associate Planner enc: Approved Tree/Vegetation Maintenance Plan c: Greg Kirk,Code Compliance Officer,emailed 18-104287-00-AD Doc.I .78270