Laurelhurst
Community Club
Serving 2800 Households in
Diane Sugimura, Director
Department of Design, Construction and Land Use
700
Grace Crunican, Director
Seattle Department of Transportation
700
Re: Waterway No. 1 in Laurelhurst
Dear Ms. Sugimura
and Ms. Crunican:
We are writing to you about issues related to Waterway No. 1 in
Laurelhurst and the adjacent property located at
To begin with, we believe that it is important for the City to notify
property owners that if encroachments are installed on public property, there
is a risk that the property owner will be required to remove the encroachments
at their own expense should the City decide to designate the property for
another use. We recognize that property
owners adjacent to public lands often install and maintain landscaping and
fixtures on public property. These
efforts often benefit the City and the community in improving public land that
has been neglected and enhancing the appearance of the adjacent property,
despite the fact that adjacent property owners pay no increased property taxes
for private use of the public land.
Issues surface, however, because it is public property.
There are also fairness issues because those living adjacent to shoreline
streets ends, which function identically to waterways in residential areas, pay
an annual fee for encroachments when no public use of the property is
planned. Fees collected help to pay for
improvements to provide public access and to remove encroachments. No such rule currently exists for those
living adjacent to state waterways to pay annual fees.
In the case of Waterway No. 1, the prior owners installed new
landscaping and a fence extension perpendicular to the existing fence which
blocks public access to the public property.
Although this fence extension has a gate, the clear impression for those
walking by is that this is private property.
A gravel parking area next to the fence extension also denotes that the
public is not invited onto this public property. We recognize that there are always challenges
in upgrading and improving property, but do note that the property owners on
the other side of the waterway completely rebuilt their home several years ago
with no encroachments, other than a laurel hedge that had been in place for
decades when they acquired the property and the hedge has since been shaved
back.
In contacting you, it is our goal to ensure unobstructed public access
to the waterway and to develop a means to address the many complaints we have
received from neighbors about the encroachments at Waterway No. 1. It is unfortunate that the new owners of the
property now have to deal with problems created by the prior owner, when this
is the time we would like to welcome them to our community.
State waterways and shoreline street ends provide important amenities
to neighborhoods. They contribute to the
livability and vitality of communities and provide an opportunity for neighbors
to launch canoes and kayaks and basically get their feet wet. Children play in these areas and neighbors
often walk their dogs down to the water for a dip.
In working with the City on implementation of the shoreline street ends
program, our goal was to work with affected neighbors to develop consensus,
recognizing the privacy of adjacent homeowners and the public access purposes
of the program. We are hopeful that this
goal can be accomplished in sorting out issues related to Waterway No. 1.
In the case of Waterway No. 1, over the years, well-meaning neighbors
have removed invasive overgrown blackberry and other bushes and laurel trees,
have gotten together to remove debris that had been left in the lot and have
periodically mowed the tall grass. The
mowing has been at considerable expense to neighbors in the vicinity. One neighbor has spent hours and hours mowing
the uneven lot to save the approximate $200 mowing fee that has been paid on
many occasions. Most recently, a neighbor
paid to have her landscaper trim the hedge installed by the prior owners of the
property located at
Regarding the dock: The old dock
was replaced (Project No. 9807664) because it was in violation of shoreline
codes. The fixed pile pier was
ultimately replaced with a floating dock.
During this process, however, problems surfaced because a floating dock
was not constructed as required and the structure built was inconsistent with
the approved plans. A violation notice
was issued and eventually the current dock was constructed. At that time, representatives from the
Laurelhurst Community Club (LCC) met with a representative from the Seattle
Department of Transportation (SDOT) to review plans for a new dock
location. A
At our meeting with the SDOT representative, LCC representatives were
told that the dock would encroach into the waterway by 12 feet. Due to the size limitations of the property
located at
Because this is a public waterway, we have received inquiries from
neighbors as to whether they may also tie their boats off the pilings in the
waterway. One of the problems with boats
parked in the public waterway is that they interfere with non-motorized boat
launching from the shore. Past owners of
the property at no time parked boats in the public waterway—they parked their
boats on the area to the left of the dock away from the waterway. On one occasion in the past, a boat was
moored on a makeshift log dock in the waterway and prompt removal of the log
dock and boat were required.
We were told that the new dock and pilings were built as shown on the
approved plan and that the dock was on the edge of and parallel to the
waterway. The SDOT person with whom we
have worked indicated that the view from the street is straight out, while the
waterway cuts across at an angle, thus making the dock look as if it encroaches
into the waterway. The aerial photo we
have since reviewed, however, documents the encroachment. In March 2003, we asked what plans would be
taken to correct the encroachment and we were told none. Because of the public nature of this area, we
ask for further review.
We would appreciate it if you could review the issues we’ve outlined
above. At minimum, boats should not be
allowed to park on the waterway side of the dock, thus further obstructing the
waterway, and the four pilings should be removed or relocated. Laurelhurst is a wonderful neighborhood and
we do not want complaints about the encroachments on the public land area to
continue, particularly because at some time in the future neighbors have
discussed the possibility of converting the lot into a drought tolerant, low
maintenance herbaceous garden and upgrading the existing asphalt basketball
court to remove the cracks. Your
assistance in clarifying issues relating to maintenance of the lot and public
access would also be appreciated.
Thank you for your assistance in addressing these issues.
Sincerely,
Jeannie Hale, President
206-525-5135 / fax 206-525-9631
cc: John Zavis, SDOT;
Christine Bruno, SDOT; Noel Schoneman; SDOT; Robert
Laird, DCLU; Cliff Portman, DCLU; Stephanie Haines, DCLU; Rex Thompson,
Department of Natural Resources; Peter Eglick, Helsell Fetterman; Liz Ogden,
LCC; Linda and Robert Lewis, property owners; Susan and Bud Moore, neighbors
living at 3335 43rd Avenue NE