6 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember
Noecker, Councilmember Prince, Councilmember Jalali and
1 - Councilmember Balenger
LEGISLATIVE HEARING DISCUSSION ITEM
Appeal of Greg Trentman and Rachel Goligoski to a Summary Abatement
Order at 1317 SELBY AVENUE.
Appellants given until July 1, 2023 to come into compliance.
Also in attendance: Greg Trentman, appellant
Marcia Moermond, Legislative Hearing Officer: An order was issued for this property
on November 4 to remove a library box on a boulevard. The post is actually
cemented into the ground. Our right of way code states there are restrictions on
things that can be placed in the city's right of way. This is considered an obstruction,
per city code, as it includes posts and building materials. 10 days were given, and the
appeal was filed on the deadline of November 14. Legislative Hearings were held on
December 13 and February 21. In the December 13 hearing we discussed why it was
considered a violation. The appellant asked to know the differences between this and
trees or light posts in the right of way, and we discussed those differences and
whether this could be allowed in the future. We gave a lot of time between that and
the next hearing to give the appellant time to apply to Public Works for a waiver to
encroach into the public right of way, and provided the information to do so. Public
Works has a $250 filing for that, and they did indicate to me that one thing they
consider is whether it can be accommodated on the private property side. With this
property, could the box be installed inside the retaining wall? Yes it could, the height
would be higher. There was no appeal filed with public works or ask to waive their
appeal fee. There was a discussion later in hearing about whether the installation
could be moved to another property and have it be on their property. Regarding
moving it to their own private property, the appellant indicated that its current location
was wheelchair accessible in their view, and that putting it on top of the retaining wall
was not wheelchair accessible. I am not sure if the mulch and setback makes either
wheelchair accessible. My recommendation is to allow an extension to July 1 for
removal, to give additional time for relocation on the appellant's property or another
Council President Brendmoen: So the extension is to give time for the snow to thaw
and potentially relocate the box?
Moermond: Yes. It is currently underneath a snow bank and a layer of frost. We need
a thaw before this can be moved.
Councilmember Jalali: I am generally supportive of what you are proposing. I know it
feels frustrating as the appellant in this situation, and I am going to reach out to Little
Free Library to see if they can do more work on community education. I know it's not
one of their boxes, but maybe they can help. We had a similar situation in my ward.
Moermond: The Little Free Library website does have good resources for helping
people install boxes.
Trentman: My partner was pretty disappointed by this situation and could not be here,
so I will speak on her behalf as well. First, this land does not rightfully belong to the