CITY LIMITS SUMMER SCHOOL AND WEEKENDS AT BERTSCHI

Update as of June 1, 2005

In October 1990, the Department of Construction and Land Use (DCLU, now DPD) granted the Bertschi School a conditional change of use of the house and property at 913 East Lynn Street property to "classrooms for an existing institution."

There were six for the life of the project conditions. Three of the most important are discussed here.

The first condition the City imposed on the school was that the backyard of this property should not be used as an extension of the playground. Recently some neighbors have complained that this provision is lacking in compliance. Before further compliance measures are initiated we have asked the school to give us a reason to discount these complaints.

Part of this same condition stipulated that a six-foot high wall or fence would be constructed between the southwest corner of the site and the structure itself to screen off the subject property from the adjacent residence. We have asked the school to confirm in writing that this "screen" is in place and properly maintained.

The second "condition" imposed on the school stipulated that the existing fence on the south border of the subject property shall remain. There is evidence on file with DPD that Bertschi School removed the fence some time ago because it was deteriorating but that they were in the process of replacing it. Confirmation that this fence is in place and that it is being properly maintained has been requested.

Finally the third condition specified that the Bertschi School, in its entirety, could not be used for teaching, daycare, or any other child-related activity on any weekends or during summer months. A provision for special events was attached to this condition with the caveat that all such special events must be negotiated on a case-by-case basis with the neighboring property owners and residents.

Then just two years later the Bertschi School challenged this noise mitigating condition on the basis that there had been a "major trends in education" change and that "parents were requesting summer school options for their children." Their challenge was presented to, and approved by DCLU in early 1993. There was a modification/revision to the original use permit and the restrictions on summer school and weekends were limited to the house and property at 913 East Lynn (and not to the entire school campus). The surrounding neighbors appealed this decision to the Hearing Examiner on the grounds that the summer school restriction was the principal noise-related concession derived through a mutually agreed upon set of conditions between the School and the Neighborhood. Nonetheless, in June 1993 the revision of the use permit was upheld by the Hearing Examiner.

But it is important to note that the revision DOES NOT APPLY to the property, grounds and house at 913 East Lynn Street. Any activities associated with "teaching, daycare and other child-related activity during the summer months and on weekends" are expressly prohibited. There should be no question or confusion that the grounds and building at 913 East Lynn Street are not to be used for any part of the school's Summer Exploration 2005 program or any other programs throughout the summer. Weekend use of the same space and house is likewise prohibited with the caveat that exceptions may be granted on a case-by-case basis by the surrounding neighbors. The file at DPD indicates that there have been violations of this requirement and that events have been held that incorporated this property. A letter reminding the school of these restrictions was sent to the school on May 13, 2005.

As for negotiating special events with the surrounding neighbors it has been proposed that a specific negotiation schedule be established and that a schedule of special events be reviewed on an annual basis. The school has been asked to prepare a list of proposed events along with a description of the event and how and why the 913 East Lynn property and house need be involved. Our neighborhood organization, the Friends of North Broadway District (NOT NCHNA) will distribute this list and schedule a meeting at a mutually agreeable time for the negotiations. Confirmation of this scheduling process by the school had a May 27, 2005 target date. The school has yet to respond so a "second request" letter was dispatched May31, 2005, with a request for reply of June 4, 2005.

This renewed information about summer and weekend activities at the Bertschi School. If compliance with any of these conditions is suspected you should make confidential report the Code Compliance Department of DPD by calling the DPD Complaint Hotline at (206) 684-7899 or visit www.seattle.gov/dpd/csc/complaint.asp.

Friends of North Broadway District