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06-101507 • FILE ` CITY OF CITY HALL 33325 8th Avenue South Federal Way Mailing Address: PO Box 9718 Federal Way,WA 98063-9718 (253)835-7000 www.cityoffederalway.com April 4, 2006 Larry Larsen PO Box 26322 Federal Way, WA 98093-3322 RE: File#06-101507-00-AD; LARSEN 32039 16th Place SW Dear Mr. Larsen: I've reviewed your letter,your plat(Alderbrook Division I), and aerial photos of the area. The treed area west of the fence and east of the apartment buildings is on the Woodtrail Village Apartment complex property. I do not have enough information to determine the exact location of the fence or who originally built it. As you've stated in your letter,dead and falling trees coming from this area are the responsibility of the apartment's owner. Fence maintenance is the responsibility of the owner on whose property the fence is located. Until the location of the fence is known, it will be difficult to assign responsibility for maintenance. Based on the statements in your letter,however,it appears the preceding Woodtrail property manager acknowledged maintenance responsibility for the fence. The City's role in a dispute of this nature is limited as I'm sure you already know. City ordinances regulate the removal of trees from private property.Trees of any species that are dead or diseased or otherwise hazardous may be removed with approval of the City Building Official.Therefore, there is no code-based reason why hazardous or dead trees may not be removed,although there may be site-specific limitations on tree removal (see below). You referenced the possibility that the area in question may be a `greenbelt'. This project was permitted by King County prior to City incorporation.I do not have access to the county land use files that would identify greenbelt/landscaping/buffering requirements, if any, for this development. Researching this issue is the responsibility of the property owner(Woodtrail Village Apartments).The property owner is responsible for maintaining the property in a safe condition in compliance with any requirements imposed as a condition of development.Note, if the area is determined to be a `greenbelt' or similarly protected area,dead and hazardous trees that threaten structures may be removed from the area,subject to Building Official approval, following submittal of a positive arborist's report. You asked for advice on dealing with this neighbor. Based on your account of past events, it appears you have attempted to address these issues in a neighborly manner. I recommend you contact the new property manager, provide him with a copy of my letter, and ask him to address your concerns. As noted above, this may require the property owner to do some research into the permitting history of the development. He should also be aware that City authorization is necessary prior to tree removal. • Mr. Larsen April 4,2006 Page 2 Please don't hesitate to contact me if you have any questions or if I can be of further assistance. I can be reached at 253-835-2643 or by email at isaac.conlen@cityoffederalway.com. Sincerely, Isaac Conlen Associate Planner 06-101507 Doc.1.D.35701 V . • - 0507-c6 Mr.Larry Larsen .PC'Box 26322 Federal Way,WA 98493 March 28,2006 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT Mr. Greg Fewins „ ;J06 Deputy Director,C. D. S. Dear Mr. Fewins, The purpose of this letter is to find out who is responsible for an area of property containing trees and a fence that borders my backyard.. I trust you will delegate this letter to the best person who will be able to inform me on this issue. My property is located at 32039-16th P1. S. W. in Federal Way and I have resided there since 1995. My house was built in 1981 and is located on the west side of the street(see inclosed drawing). My backyard,along with about 10 other neighbor backyards,borders an apartment complex known as Woodtrail Village Apartments with a site address of 1901 S.W. 320th St. A 40 to 50 foot wide strip of trees and undergrowth runs parallel to a fence that separates the apartment property from our residential property,with the trees being on the apartment side of the fence. Over time some of the fence posts have become rotten and won't support the fence properly. The area has been neglected so branches and blackberry vines push up against the fence. I've had to brace up the fence leaning into my yard with 2 x 4's(see photo). My two neighbors on the north side of me have had to do the same thing. We have each individually contacted the apartment manager over the years and have received only promises. The former manager,Boonee' Shaw-Williamson told me that the fence was on their priority list,but that it was farther down the list. When the windstorm of October,2004,blew down a section of fence into my yard, I again contacted the manager and was told that she would have one of the workers fix it,but that it was forgotten about so I asked were short of help at that time. After awhile I could tell t g they e Y P for permission to enter their property to fix it myself. The fence posts are located on their side of the fence. I purchased a new post from Lowes and installed it and braced the section. I was able to observe another section that needed repair and called it to the managers attention. She set up a date where I could meet with one of the maintenance men who would help me. When the date arrived I we n t over there and was told he wasn't available because they were in the er in someone and he was needed there. On another day I eventually caught up process of evicting s e Y with one of the guys and he helped me on one section,but he didn't have any fence posts so we could only brace it with a couple of boards. On September 10,2005,a rotten 35 foot tree fell down into my yard and knocked down another section of fence(see photo). Fortunately, it was one of the smaller trees. I contacted the manager again and this time they came over and took pictures and the following Monday they sent over two men to cut up the tree with a chain saw and put the section of fence back up again using the existing boards,just a patch job-no new fence posts to stabilize the fence. ' • • 2. After the fallen tree incident, I became concerned because some of the trees are getting to the size where they could cause considerable damage to the house if they ever were to fall. I asked Helen Stanwell to come to my property and analyze the situation. She has considerable knowledge of trees,having previously worked for the Parks Department for about 12 years. She told me that some of these trees shouldn't be allowed to be located that close to our homes. I was told that Alder and Cottonwood(which these trees are)have one of the worst root systems. They are very shallow. She pointed out how some of these roots are showing up on the surface of my yard(see photo). She said that those trees will probably never fall on the apartments because of location. The apartments are located west of the trees. The wind direction puts our houses in the danger zone. Also pointed out to me was two trees next to the fence that have signs of disease and gn e an they need to be removed. Then she showed me where one of the big trees is pushing right up against the fence-touching it(see photo). On March 1, 2006, after a windy night, another section of fence was leaning into my yard on the verge of collapse. I found out a new management team has now taken over the apartments. Where before it was the Tecton Corporation, now it is the Conam Corporation. David Alfano, came to my yard and took pictures and I gave him one of the pictures of the tree that had fallen into my yard during 2005. I voiced my concerns over the trees and the rotten fence posts that have me and my neighbors constantly trying to brace them up. David brought up the fact that the area might be a green belt and in that case he would not be able to do anything. He also said he had to find out where the property line runs. It seems at this point that when a property owner like myself has to deal with a big corporation that nobody knows anything. The area in question is left to become a neglected over-grown mess with trees that become diseased and some have gave way,but are leaning into other trees for support. It doesn't seem rational to me at all to have an area like that where property damage can occur and put human life at risk. The owners should inspect their property from time to time. The big corporations give the responsibility to a management company that may or may not do that job. It is frustrating to me and my neighbors. My next door neighbor,Rick, and the other neighbor,Ron,have said each time they call they just get the run around. I would like to be informed on who is responsible for this area of trees and fence. How does a residential home owner like myself deal with a big corporation that acts like that area is not their property? I am hoping that you can help inform me concerning this issue. Appreciatively, Larry Larsen P.O. Box 26322 Federal Way,WA. 98093 (253)927 - 3685 ,I (f . „ • / } ti;f' ? . li 1 ic9 / , ..72'.....--_,:,....„..=.....: - ... -Ni , I r'' ‘ • ',.; n ; -.,4; ',4 N.) f , -- I4k VO 1/1 .-,-- lb -I- , rAii .\h‘ v r- k_i i A ij fti I\,.... to, I-a '< -4 iz.• .4 111. 7, r--1---n Lz. 0 & '-,,,i tJ.,_-.• 1 .\AI.0 ;f& w_ L ,,f, f , C3 e4 Iffi-..-=•.-.41' 'i, --.-- I 4_11 ) . ) 3 JI rs,. 'Nt II, 11:1. C I 1 ---..... :. 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