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3. On October 27,2005, Yelena Lukashova took title to the property at 4839 Glenwood <br /> Avenue from grantor Dynasty Homes, Inc. See Exhibit 9 above. <br /> 4. Yelena Lukashova is a married woman but owns the property as her separate estate. <br /> Yuriy Usenko,her spouse, granted Ms. Lukashova whatever interest he had in the property <br /> on October 27, 2005 through a quit claim deed. See Exhibit 9 above. <br /> 5. In May 2005,the Building Official observed that an ecology block retaining wall had <br /> been constructed along the driveway. At that time, construction on the ecology block <br /> retaining wall appeared to be incomplete and less than four feet in height. <br /> 6. The 2006 International Residential Code exempts certain types of buildings and <br /> structures from the permit requirements of the Code. A permit is not required prior to the <br /> construction of"Retaining walls that are not over 4 feet(1219 mm) in height measured <br /> from the bottom of the footing to the top of the wall, unless supporting a surcharge." <br /> R105.2. <br /> 7. In May 2006, City of Everett inspector,Ted Budden, discovered that the ecology block <br /> retaining wall along the same private driveway off Glenwood Avenue had been built up <br /> higher than four feet. The retaining wall appeared intended to mitigate the adverse effects <br /> of grading on the site. <br /> 8. The building official withheld approval based on Mr. Budden's inspection report which <br /> noted that he had asked Mr. Popov to obtain engineering for the wall. See Exhibit 10. <br /> 9. The Building Division relies on the owner's engineer's design and inspection of <br /> structures such as retaining walls. With appropriate design work and inspection, an <br /> engineer has the ability to address potential problems with drainage and stability of walls <br /> that are built up higher than four feet. <br /> 10. Mr.Budden's observation of the built-up ecology block retaining wall prompted a <br /> review of the Building Division's records. The records show that when the original <br /> building permit application for 4841 Glenwood Avenue was submitted,the architectural <br /> site plan submitted with the plan showed that ecology block retaining wall would be only <br /> four feet in height. See Exhibit 11. <br /> 11. On January 3, 2007, City inspector,Randy Allen, noted that the ecology block <br /> retaining wall, had workmanship deficiencies such as lack of engineering/geotechnical <br /> report and engineered erosion control plan and requested documentation of engineering <br /> work. See Exhibit 12. <br /> 12. Again, on June 13, 2007,Mr. Allen noted problems with the ecology block retaining <br /> wall and told Mr. Popov to submit stamped engineering as well as supply power to a <br /> r <br />