Letter | Totem Lake business crosses the line

By on June 17, 2010 in Archived, Headlines, Opinion

Cities adopt codes to protect the public and to set standards for building construction and design. Local codes set the tone for how our neighborhoods look. When somebody starts making their own rules and elects to ignore the codes that the citizens put in place, cities deteriorate. When citizens spend countless hours putting together a plan for their city only to have their wishes go to the wayside because the codes that they enact aren’t being enforced, they lose faith in their officials. Citizens lose interest in city affairs if they feel that their efforts are wasted.

Take a look at the Ford of Kirkland car dealership in the 11800 block of 124th Avenue NE in Kirkland. Was this the vision that citizens had in mind when when the plans for this business were approved? No. Citizens approved a plan that included a 5 foot visual buffer of trees, bushes, and vegetation between the dealership and the street.

If Kirkland has codes in place that require a 5 foot buffer between the business parking lot and the street, how did it happen that there are now cars lined up that block the buffer and totally defeat its purpose? The answer is, in my opinion, the Ford dealership is illegally using the publically owned right-of-way between their lot and the sidewalk as a display area and sales floor.

Kirkland council members are making decisions that affect how Kirkland will be developed. Kirkland council members set direction for city staff. Council members are the people we look to for making decisions that will make cities a great place to visit, a nice place to look at, and a place where laws and codes are enforced for the good of the residents.

The sad thing is that the Ford dealership is owned by Kirkland council member, Amy Walen. The dealership is being investigated by the Kirkland Code Enforcement Officer for violations of numerous city codes. Is this the vision that Amy Walen has for developing Totem Lake? Violating codes? Illegally using public property for personal use? Allowing businesses to set their own design standards? Making Kirkland look like Highway 99? Creating hazards for pedestrians by allowing vehicles to park on the sidewalk? Violating sign codes?

Kirkland officials are investigating this issue and I expect that very soon the vehicles will be moved and the buffer will be restored. In the meantime, somebody needs to keep an eye on elected officials that just don’t seem to understand that rules are for everybody, including council members.

Dale Knapinski

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  • David

    Really, since when did rules apply to everybody? The very term “special interest” tells you that rules rarely apply to everybody. Of course, in a fair and equal rights country, that would be the case, but alas, that's not been the case.

    • poster

      Most complaints that involve violations of city codes are handled by the Code Enforcement Officer. But when a complaint is made about a council member’s business….THAT complaint is given “Special” attention and the Code Enforcement Officer is bypassed. In my opinion, and in the opinion of some city employees, Amy Walen got a special favor from city officials. Mis-interpreting codes is a special favor…and the time will come when the truth comes out.

  • Eastside Sun

    As long as you're not bitter Dale. That's the important thing.

    Each and every business is scrambling to make payroll in this economic climate. If a sandwich board advertisement brings enough extra business into a barbershop to let the proprietor stay open another day then lets let business be business. When it becomes a nuisance or a public safety concern then we have methods in place to mitigate the problem.

    But for now lets be glad OUR auto row doesn't look like so many others… empty, disintegrating and fallow.

    If being forced to look at cars on a car lot (!) is causing you such distress, then DON'T LOOK!
    Just sit back and enjoy the benefits of the tens (hundreds?) of thousands of tax dollars created by those businesses.

    Want to look at trees? Walk one block in any direction and you will be SURROUNDED by trees. Maples, firs, alders, cottonwoods. If, however, you simply need a piece of wood you might consider pulling that stick out of your…

    Nothin' but love,

    John Gilday

  • myopinion

    Great point!
    This is not a surprise to me at all.

    Then why did Kirkland Residents vote for this Council member who clearly has a conflict of interest and that has not lived in Kirkland long enough to know the real issues of residents, not for profit businesses?

  • Lol9844

    Hi guest,

    I can't tell which side you are coming down on. As far as I lknow the single most pressing need residents have right now is a $8,000,000 annual shortfall in taxes. Do you want to increase taxes on residents? Do you want to tax not-for-profit companies? Do you want to support one of the few success stories in business in Kirkland?

    TELL US WHAT YOU THINK, PLEASE.

  • Hoxfan

    I don't know why everyone else voted for her, but I voted for Amy Walen because she was clearly a better choice than her opponent who was part of the “no” clique on the City Council. I knew Amy would be a better councilwomen than her opponent.

  • Dale Knapinski

    The pressing need is for tax dollars. I guess I agree with that statement. If parking vehicles on the sidewalk and in the right of way generates enough additional sales tax revenue to make the risk worth the effort, then by all means change the code to allow the activity. Should we allow one business owner to do what she likes while everybody else obeys the law? Most businesses are suffering right now. But most businesses still abide by the laws and rules that the CITIZENS enacted. This is at least the third time the city has had to spend staff time to force the Ford dealership (Under previous ownership) to play by the rules. Now THAT is the last thing we need in a bad economy. I didn't support anybody in the Kirkland election because I don't live in the city. But I do shop in Kirkland, and I visit the city, and I spend money there all the time. If Kirkland needs tax revenue bad enough to allow people to violate codes, create safety hazards, and ignore required buffer zones, then let everybody join in on the fun. Change the code. Special treatment just for council members is not fair. Would you buy a car from a dealership that can't even follow basic city rules?

  • Eastside Sun

    Yes

  • Dale Knapinski

    Tax money needed…ask your council to change the rules!
    Kirkland businesses are suffering due to the bad economy. In order to improve sales that bring tax dollars to the city, businesses need to request the council to:

    1. Change Kirkland Municipal Code 19.04.050. This code prevents businesses from using the publically owned right of way like streets, sidewalks, and adjacent areas, for private business.
    2. Clarify KMC 19.04.050 with respect to allowing abutting businesses to use publically owned right of ways. The code now only allows the right of way to be used only as an extension of the landscaping design of an abutting business. The wording needs to be changed so that it clearly states that the right of way can be used for anything that an abutting business wants to use it for.
    3. Eliminate the requirement for buffer zones. It is much more important for businesses to be visible from the street than for businesses to display trees, bushes, grass, and aesthetic screening. If people want to see trees they can go to a park, or to Molback's in Woodinville.
    4. Change the definition of “Non-conforming use” so that it includes city owned property. It seems fair that if a private business has been violating the law for a long enough period of time by using public property as though they owned it, surely the city should allow the business some sort of
    “Ownership” interest in the property for the exclusive use of the lawbreaker.
    5. Change Kirkland's tree preservation rules. Providing a display area for vehicles that need to be sold to generate tax revenues is more important than protecting tree roots from damage due to leaking oil, grease, and compaction damage to the soil.
    6. Eliminate KMC 12.45.160 This code is just stupid. It was intended to prevent people from displaying “For sale” vehicles on city owned property. Since this rule would make it difficult for car dealers to use city owned and maintained property for a display area, and given the fact that it isn't enforced, except of course if you park your own private car on the right of way, we should just eliminate the rule.
    7. Change the sign code. The best place for businesses to place advertizing signs is…on the sidewalk, of course! Businesses should be allowed to place as many signs as they want, anywhere they want to install them. Sidewalks are rarely used for their “Intended” purpose anyhow.
    8. Disband the Design Review Board. Why not just allow business owners to do their own design? Business owners know what works best. Citizen involvement is not needed and is a waste of time.
    9. Finally, we need to eliminate one Kirkland code enforcement officer. That would save the city some money, and would allow businesses to operate more freely without government interference.

    Contact your city council and join this important fight for business owner's rights!
    I'm not bitter? No. Sarcastic, yes, but not bitter.

  • Eastside Sun

    Don't agree with most of your proposals, but #3…

    3. Eliminate the requirement for buffer zones. It is much more important for businesses to be visible from the street than for businesses to display trees, bushes, grass, and aesthetic screening. If people want to see trees they can go to a park, or to Molback's in Woodinville.

    is right on

  • Dale Knapinski

    Make the rules apply equally to everybody.
    If it is OK for Ford of Kirkland to use the public right of way in front of their business as they see fit, then it is fair for Lee Johnson Chevrolet to do the same. If it is OK for Ford of Kirkland to park vehilcles on the sidewalk so they block a required buffer defeating its purpose, then Honda of Kirkland should be able to do the same. If it is OK for Ford of Kirkland to destroy public property by removing sod and replacing it with gravel so they can illegally use the right of way for a used car lot, then Infinity should have the same right. If Ford of Kirkland can place “A” board signs on the sidewalk, then the corner barber shop should be able to do the same. Codes should be equally applied and equally enforced. If Kirkland isn't going to enforce its codes, then they should tell the public which codes they will enforce, and which ones they will not.

  • Dale

    Where do your tax dollars go?
    If you paid taxes that were used to build a public road, sidewalk, or the adjacent right of way, you would expect that you would be able to use that property, wouldn't you?
    This doesn't seem to be the case in Kirkland.
    Drive past the Ford of Kikland dealership in the 11800 block of 124th Avenue NE. Your tax dollars paid for the road, the sidewalk, and the additional 14 feet of property to the east of the sidewalk. What is the property being used for? A used car lot. Can you enjoy the property that your taxes paid for? Not according to the City of Kirkland. According to city officials, the Ford dealership enjoys exclusive use of public property to the exclusion of all others, even taxpayers! The dealership doesn't pay a fee for this use, they don't pay property taxes on the space, they aren't required to have a permit, a bond, or even insurance to protect the city from liability if somebody was injured while viewing cars on the slippery hillside. A complaint was sent to the city months ago. What is wrong here?

  • I do my homework.

    July 6th is Kirkland City Council meeting day. Every taxpayer should attend this meeting. On the Agenda is the issue regarding the City of Kirkland “Gifting” the exclusive use of a publically owned right of way to council member Amy Walen. (See Complaint about Ford of Kirkland submitted by Dale Knapinski)
    No matter how you interpret Kirkland Codes, there has never been a legal provision for any city to gift away public property to a private citizen. Kirkland staff is dead wrong with regard to their interpretation of city codes. Amy Walen should refuse to accept the gift of exclusive use of public property for her own personal gain.