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Extension #2 of CU-06-142.pdfCITY OF EDMONDS 121 -- 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION EXTENSION REQUEST DECISION To: File # CU -2006-0142 From: Mike Clugston, AICP Planner Date: DECEMBER 18, 2008 I. INTRODUCTION A. Application 1. Applicant: Gary L. Seale, Sandler Architects 2. Site Location: 760 Aloha Street 3. Request: A second extension of an approved Conditional Use Permit (CU -06-142) 4. Review Process: Extension of Time, Planning Staff makes final decision. 5.' Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05 (Conditional Use Permits). b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.95 (Application and Staff Review). B. Description of Proposal The applicant has submitted an application requesting a second one-year extension of the Conditional Use Permit approval for a new parish hall building (CU -06-142). As with the first extension, the second extension is being requested to allow more time for additional fundraising to finance the project. C. Decision Based on statements of Fact, Conclusions and Attachments in this report, the extension request is approved. This extension will be valid until January 13, 2010. II. FINDINGS OF FACT AND CONCLUSIONS A. Request 1. Facts: a) The applicant was granted a Conditional Use Permit to construct a new parish hall on the Holy Rosary site to an approximate height of 29 feet on January 12, 2007. b) Edmonds Community Development Code (ECDC) Section 20.05.020.0 states: "Unless the owner obtains a building permit, or if no building permit is required, substantially commences the use allowed within one year from the date of approval, the conditional use Holy Rosary Extension Request File No. CU -06-142 Page 2 of 3 permit shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date." c) The applicant filed for an extension of the Conditional Use Permit (CU -06-142) on December 11, 2007, prior to the expiration of the permit on January 12, 2008. This extension request was granted extending the permit through January 13, 2009. d) The applicant filed for a second extension of CU -06-142 on December 17, 2008, prior to the expiration of the first extension of the permit through January 13, 2009. 2. Conclusions: a) The applicant filed for an extension of the conditional use permit (CU -06-142) in a timely manner. III. RECONSIDERATION AND APPEALS The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information and fees. 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 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 aper 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. PARTIES OF RECORD Corp. Catholic Archbishop of Seattle Father Kenneth Haydock 910 Marion Street 760 Aloha Street Seattle, WA 98108 Edmonds, WA 98020 Al Rutledge 7101 Lake Ballinger Way Edmonds, WA 98026 Melinda Beck Roberta Pulettes Gary L. Seale, Sandler Architects 550 Holly Drive 741 Daley Street 1611 East Olive Way, Suite 200 Edmonds, WA 98020 Edmonds, WA 98020 Seattle, WA 98102 Holy Rosary Extension Request File No. CU -06-142 Page 3 of 3 Finis Tupper Lee Doolittle Roger Hertrich 711 Daley Street 818 Daley Street 1020 Puget Drive Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020