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ro <br />Fa�ni <br />DATE <br />SUBJECT <br />;tarvin C. Fiaglw f�/�'�Q %-� %" <br />Fred Oehlert�(Y'� ��"` "'�� ��' `q=�i <br />January 30, 1973 `� /� <br />FILI.ING ON CTTY ItIGIIT-OF-I�'i1Y CITV OF EVERETT. CV[fi[TT. WASMINGTON <br />3218 b17�SSF�U STItEET� <br />J03IN GAR1IETT <br />61 _ 19� � <br />A��F� � <br />,\ <br />Reference to l:r. Garnett's request to fill in tlie •aest portioh <br />of nis ttiao lots and the alle;n•ray west of his property, it naa <br />appears tliat his pronerty has previously Ueen filled and the <br />fill material has not only covered tfie alley right-of-�aay, but <br />has slouqhed and washed onto the private oroperty iaest of the <br />alleyoray. It is also noted that the fill material from Air. <br />Garnett's and the Providence FIospital pronerties ha� wastied <br />down and is obstructing the flow of the storm drainage through <br />an ea:i3ting 24-inch culvert. <br />For your infonnation, :ir. Garnett's ayplication for filli.ng his <br />property was discussed with A1 Fiendricks and Prank IIen�ett on <br />January 16, 1973. It is A1's opinion tl�a� tl�e City could bc <br />liable for any accinent occurring within the alley right-of-way <br />and any damage caused by blockiny oP tlic storm drainage. As <br />Frank has espressed in previous meetings, lie feels his depart- <br />me�it does not have any set coiitrols covering the fillii�g of <br />private property. He is agreeable witii A1's suggestion tnat <br />the applieation be suUmitted to City Councii workshop for ttieir <br />review and the possil�ility of estaUlis.iing guidelines for futnre <br />request for filling and/or dumping on City right-of-vay and/or <br />private property, �11 also 3uggested alternate methods of qrant- <br />ing a slope easement to .ir. Garnett. or vacation of the alley <br />riRiit-of-way, w;�ich he feel:, would be a better approach t.iari <br />isr,uing a oermit. 'Phis could be su94ested to the Counr_il for <br />this particular case. t�c al�o need sone guide2ines as to who <br />should clean out the present drainage ditcti dotianstream of the <br />2d-inch culvert and providc protection to restrain the exist- <br />ing fill naterial from blocking ttie end of the culvert in tiie <br />futurc. <br />Attached is a wpy of paraqraph 10.53.040 of tiie City Code <br />which states tltere wiLl be no dumpinc� of qarl�age, refuse or <br />�raste naterial in the City (ei�cept for a��roved sites), but <br />tliis leaves a l000liole as to what i� refuse and xaste material <br />and what. is fill naterial. <br />Tittachment <br />FWO/h�, : 19t1/3 <br />