ADB-06-14 extension approval.pdf
CITY OF EDMONDS
121 -- 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
EXTENSION REQUEST
DECISION
To: File # ADB-06-14
From:
Mike Clugston
Planner
Date: AUGUST 13, 2007
File: ADB-2006-14
I.INTRODUCTION
A.Application
1.Applicant: Dan Rothschild
2.Site Location: 220 West Dayton Street
3.Request: A one-year extension of an Architectural Design Board approval to replace the
existing Burlington Northern Santa Fe Railway office and storage facility just south of West
Dayton from the east side of the tracks to the west side.
4.Review Process: Extension of Time, Planning Staff makes final decision.
5.Major Issues:
a.Compliance with Edmonds Community Development Code (ECDC) Chapter 20.11
(Architectural Design Review).
b.Compliance with Edmonds Community Development Code (ECDC) Chapter 20.95
(Application and Staff Review).
B.Description of Proposal
The applicant has submitted a letter requesting a one-year time extension of their Architectural
Design Board approval issued March 3, 2006. The original 18-month approval is set to expire on
September 3, 2007. The one-year extension would reset the expiration date to September 3, 2008.
C.Decision
Based on statements of Fact, Conclusions and Attachments in this report, the City approves the
extension request. The applicant has until September 3, 2008, to submit a fully completed building
permit application.
ADB-06-14 extension approval.doc / August 13, 2007 / Staff Report
BNSF Railway
File No. ADB-06-14
Page 2 of 3
II.FINDINGS OF FACT AND CONCLUSIONS
A.Request
1.Facts:
a)The decision of the Architectural Design Board on project ADB-06-14 was issued on
March 3, 2006.
b)Edmonds Community Development Code 20.11.050.A states that Unless the owner
submits a fully completed building permit application necessary to bring about the
approved alterations, or if no building permit application is required, substantially
commences the use allowed within 18 months from the date of approval, ADB or hearing
examiner approval shall expire and be null and void, unless the owner files a fully
completed application for an extension of time prior to the expiration date. For the
purposes of this section the date of approval shall be the date on which the ADBs or
hearing examiners minutes or other method of conveying the final written decision of the
ADB or hearing examiner as adopted are mailed to the applicant.
c)ADB approval is to expire on September 3, 2007, and no building permit has been filed
for this project.
d)Edmonds Community Development Code section 20.11.050.B states that The applicant
may apply for a one time extension of up to one year by submitting a letter, prior to the
date that approval lapses, to the planning division along with any other supplemental
documentation which the planning manager may require, which demonstrates that he/she
is making substantial progress relative to the conditions adopted by the ADB or hearing
examiner and that circumstances are beyond his/her control preventing timely
compliance.
e)The extension request was filed on July 23, 2007, and indicated that BNSF is waiting for
funding and final direction to proceed with the proposed project (Attachment 1).
2.Conclusion:
a)The application for the Architectural Design Board approval extension has been filed in a
timely manner.
b)The applicant has provided reasons why they have not been able to complete the project.
c)The extension for the Architectural Design Board approval should be granted for a one-
year period.
III.RECONSIDERATION AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information.
A.Request for Reconsideration
Section 20.95.050.B.2 allows for the staff to reconsider their decision or recommendation if a
written request is filed within ten (10) working days of the date of the initial decision. The
reconsideration request should cite specific references to the findings and/or the criteria contained
in the ordinances governing the type of application being reviewed.
B.Appeals
Section 20.105.020.A & B describe how appeals of a staff decision or recommendation shall be
made. The appeal shall be made in writing, and shall include the decision being appealed along
ADB-06-14 extension approval.doc / August 13, 2007 / Staff Report
BNSF Railway
File No. ADB-06-14
Page 3 of 3
with the name of the project and the date of the decision, the name of the individual or group
appealing the decision, their interest in the matter, and reasons why the appellant believes the
decision to be wrong. The appeal must be filed with the Community Development Director within
14 calendar days after the date of the decision being appealed.
C.Time Limits for Reconsideration and Appeals
The time limits for Reconsiderations and Appeals run concurrently. If a request for a
reconsideration is filed before the time limit for filing an appeal has expired, the time clock for
filing an appeal is stopped until a decision on the reconsideration request is completed. Once the
Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing
an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the
appeal period, an individual would have 9 more days in which to file an appeal after the Hearing
Examiner issues his decision on the reconsideration request.
IV.LAPSE OF APPROVAL
No further extensions of time are allowed under ECDC 20.11.050.A, so the applicant must submit a
complete building permit application to bring about the approved alterations by September 3, 2008, or ADB
approval shall expire and be null and void.
V.ATTACHMENTS
1.Extension request from Dan Rothschild dated July 20, 2007.
VI.PARTIES OF RECORD
Dan Rothschild BNSF Railway
7737 Jenna Drive Bruce Stuff, Facilities
Goleta, CA 93117 4515 Kansas Avenue
Kansas City, KS 66106
Planning Division Architectural Design Board
ADB-06-14 extension approval.doc / August 13, 2007 / Staff Report