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
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