10092009-appeal fee.pdfIn C. I890
October 9, 2009
CITY OF EDMONDS GARY HAAKENSON
MAYOR
121 STH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-771-0221
Website: www.d.edmonds.wa.us
PUBLIC WORKS DEPARTMENT
Lngineering Division
Kelly Jorgenson
15523 3rd Drive SE
Mil] Creek, WA 98012
Re: APL20090003 —Request for Return of Appeal Fee
Dear Mr. and Mrs. Jorgenson:
Please accept this letter as the City of Edmonds' formal response to your request for a refund of the
administrative fee previously remitted with respect to the stonnlwater infiltration exception granted by the
City's Hearing Examiner on October 7, 2009. After carefully considering this matter, the City
respectfully denies your request.
The stornwater exception mechanism set forth at ECDC 1830.065 is not an "appeal" to which a
successful applicant would be entitled to a refund. Although this code section cross-references the
process codified at Chapter 20.105 ECDC, this procedural fi-amework does not transform an applicant's
request for a stormwater exception into an appeal. Unlike a true appeal proceeding, the process
established by ECDC 18.30.065 does not involve a challenge to a lower decision -maker's ruling. Instead,
it simply prescribes a more formal hearing process for a development applicant seeking to deviate from
the general drainage standards contained in Chapter 18.30 ECDC, and ensures that all interested parties
are afforded an opportunity to comment on the proposal. The contrast between this process and an appeal
proceeding is particularly apparent in the context of your own development proposal, where City staff
actively supported your request for an exception.
Moreover, it is clear from both the language and surrounding context of ECDC 20.105.045 that the fee
refund authorized by that section is limited to the prevailing party in appeals before the Edmonds City
Council. The entitlement is inapplicable to Hearing Examiner proceedings.
To my knowledge, the interpretation above reflects the City's consistent administration of the ECDC
provisions at issue. I am unaware of any situation in which an applicant received a fee refired .after
obtaining approval for a stormwater exception pursuant to ECDC 18.30.065.
I trust the above adequately clarifies the City's position regarding this matter.
Sincerely,
Noel F. Miller, P.E. , Public Works Director
City of Edmonds
{7ZL744973.DOC;1100006.9000001 }
• Incorporated August 11, 1890 •
Sister City - Hekinan, Japan