Element Residential violated municipal code in Verde construction, will pay fines

The city of Bothell municipal code violation concerning the historic buildings removed to construct the Verde, developed and owned by Mayor Joshua Freed's company Element Residential, was due to misunderstanding by the contractor, according to an April 15 city memo.

The city of Bothell municipal code violation concerning the historic buildings removed to construct the Verde, developed and owned by Mayor Joshua Freed’s company Element Residential, was due to misunderstanding by the contractor, according to an April 15 city memo. Contractors with Element Residential demolished the Harries house and water tower without the proper permits but Freed states that efforts were made to save the structures.

The issue began when a city of Bothell inspector at the Verde saw that a contractor, hired by Element Residential, had demolished the house and the water tower, according to a memorandum from city of Bothell Community Development Director Bill Wiselogle dated April 15 to members of the city council and city management.

“The contractor reportedly assumed that a demolition permit issued previously for another structure on the property, a garage, allowed demolition of all structures thereon,” the memorandum states. “A proposal to demolish a structure on the historic inventory normally would require submittal to the city of an analysis of potential alternatives to demolition, in addition to submittal of the demolition permit applications themselves.”

The Landmarks Preservation Board stated in a letter to the city that they were not notified of the demolition because the permit was not issued. Freed said that the Landmarks Preservation Board was well aware of the development plans and was involved in the hearing process.

“I made offers to some to take my tower but no offers were accepted due to the $40,000 cost to move my tower and the additional required remodel and restructure costs,” Freed said.

Element Residential will have to pay for the retroactive permits and the fees associated with not having those prior to the demolition. The fees and fines total nearly $2,000. No other punitive actions are being called for under Bothell municipal code. Element Residential will also have to apply for a permit to remove the cypress trees, which were also reportedly removed without the proper permits. The Verde opened on March 7 and features the five and six bedroom craftsman­style homes priced from the $800,000s.

“Of all those in Bothell who miss the loss of my property most, my family holds that privilege,” Freed said.

According to Freed, his family of seven had lived in the house for quite a while and had opened it’s doors to community events.

“My wife Lindie and I raised our five children and had many memories in our home,” Freed said in an email. “We miss our home and are blessed for the 41 years we had it in our family. Our memories of living in our home and using the tower as my home office at the Freed Farm will remain positive until the end of time.”

According to the hearing examiner’s decisions on Jan. 24, 2012, “The disposition of the H. Harries House and Water Tower in the final development and construction of the plant and PUD shall be in accordance with the provisions of Title 22 BMC…”