00641I
`
Mr. James Drisco`„; �
September 8, 1981
Page 2 _._.
signs were visible oilthe property its I f Iho few potited
notices appear to have been placed on the Lynnwood side of 68th
<,
Ave. W. One of the residents who was at the hearing, Mr. Dunda,
informs me that tale notices were changed three times and twice
announced an incorrect hearing date. The PRD file confirms this.
This becomes particularly misll,ading in light of this year's
approval of a sewer L.I.D. issue for this same area.
Planning Commission minutes of June 28, 1978 reflect that a
i
"'
petition was filed and signed by some 80 people who live in this
area.opposing this project. Those signatories would appear to.
'to the
be "interested persons" entitled notice by mail of proposedf;
hearings.
APPLICABLE ORDINANCE:
sx'
it is unclear to me whether the current ordinance, Chapter 20.359
or the ordinances in effect when this 1'RD was �approv,ed I former
Chapter 12.14, should apply to this application. I do note that
many: of the provisions of both ordinances apl fear . similar in.
substance.
Mr. Tanaka's letter of May8, 1981 indicates ".... ..an extension
of time for completion may be approved by the City Council in the
same manner as a change". The current ordinance provides for
[20..35.080(E)j
extensions of time for submitting the.fina.l. plan
for tens ion.of.
but does not provide any separate procedure an ex
The section on abandonment,
time for completion of the project.
20.35.120(B), provides that the project approval shall automata-
cally expire if (a) the > project has* not been completed within two
(b) if
years from the.adoption of the ordinance of approval or
for completion
the.project has not begun under an extension of time
The time limit modifies
approved by the City Council. two-year
both provisions.
The former ordinance contemplated that the Planning Commission
could grant, within the two-year time limit, extensions of. time
for completing the pr.ojnct. The request for an extension was
not filed until July 8, 19.81.. The developer had secured final
approval two years earlier for a project which he estimated would
take several months to build. The ordinance granting him final
CO
with city ordinances then in
approval required that he
effect; those ordinances similarly provided for automatic expiration
of the final approval if the project was not completed within two
years.
ABANDONMENT:
We long; ago bel.i eved (.h i s 1)1.0.1 rrr had cl i eel . For more than three
years not a stone has bue-n turned.
As noted above, the failure to complL'tc construction within two
r `