ExtensionDecision_CU-2007-97.doc
CITY OF EDMONDS
th
121 5 Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
PLANNING DIVISION
CONDITIONAL USE PERMIT EXTENSION REQUEST
Project:
Diamond Parking Commercial Parking Lot Conditional Use Permit
File Number:
CU-2007-97
Date of Report:
April 28, 2009
From:
____________________________
Gina Coccia, Associate Planner
INTRODUCTION:
The applicant (Diamond Parking Services, LLC) has
submitted a timely application to extend their approved
conditional use permit to operate a commercial parking lot at
102 Main Street in the Community Business (BC) zone (see
zoning map inset to the right). Approval of file CU-2007-97
was issued on March 20, 2008 and was set to expire on
March 20, 2009.
GENERAL INFORMATION:
1. Request:
A one-year extension of an approved
conditional use permit for Diamond Parking to operate a
commercial parking lot at 102 Main Street.
2. Review Process:
Extension of time – administrative staff
decision, notice required.
3. Major Issues:
Compliance with ECDC 20.05
(Conditional Use permits) and compliance with ECDC 20.95 (Application and Staff Review).
4. Owner:
Robert Gregg.
5. Applicant:
Ken Kime of Diamond Parking Services, LLC.
6. Tax Parcel Number:
00454800300700.
7. Location:
102 Main Street, Edmonds.
8. Zoning:
Community Business (BC).
EXTENSION of CU-2007-97
Diamond Parking
9. Site Area:
0.37 Acres (per Snohomish County Assessor’s data).
10. Proposed Use:
Commercial Parking Lot.
11. Existing Use:
Vacant commercial building and associated parking lot.
FINDINGS OF FACT AND CONCLUSIONS:
1.
Diamond Parking received approval of file CU-2007-97 on March 20, 2008. The application was to
operate a commercial parking lot in the Community Business (BC) zone at 102 Main Street.
2.
ECDC 20.05.020.C allows for a one-year extension of approval of conditional use permits: “\[u\]nless
the owner obtains a building permit… the conditional use permit shall expire and be null and void,
unless the owner files an application for an extension of time before the expiration date.” Diamond
Parking applied for an extension of the CU in a timely manner on March 20, 2009 (Attachment 1).
3.
The applicant will need to apply for and obtain a building permit for the parking lot alterations in order
to satisfy the conditions of approval -- while the CU is still valid.
4.
The immediate proposal does not appear to be detrimental, as the use will remain a commercial parking
lot.
5.
No substantial changes have occurred in the neighborhood that would affect the outcome of an
extension request. Sound Transit recently received a conditional use permit (CU-2008-65) for a
temporary parking lot at this site, however, it is not known when they will commence work and Sound
Transit’s use is temporary in nature. Diamond Parking has expressed an interest in using the site as a
commercial parking lot before and after Sound Transit and states they will work with the owner on the
scheduling of this process.
6.
The extension should be granted for a one-year period as allowed under ECDC 20.05.020.
7.
Through the original conditional use permit process, the Building Division noted that a parking lot
permit (building permit) is required to bring the parking lot up to (ADA) code. A building permit for
the re-striping/re-configuring of the parking spaces was submitted, but plan review corrections were
never addressed and the building permit was never issued. This condition of approval is still required
to be completed – the applicant must apply for and obtain a building permit to comply with this
original condition of approval.
DECISION:
APPROVES
Based on the analysis and attachment to this report, staff of the extension of the commercial
parking lot conditional use permit with the following conditions:
1. March 20, 2010
The Conditional Use permit is hereby extended to .
2.
A building permit must be obtained by March 20, 2010 that satisfies the original conditions of
approval for CU-2007-97, otherwise, the CU will become null and void. The applicant will need to
apply for and obtain a building permit for the parking lot alterations in order to satisfy the required
conditions of approval while the CU is still valid.
ATTACHMENTS:
1.
Extension Request.
Page 2 of 3
EXTENSION of CU-2007-97
Diamond Parking
2.
Notice of Application.
PARTIES OF RECORD:
Splash Properties Planning Division
C/O: Kevin Hanchett/The McNaughton Group LLC Building Division
PO Box 100 Engineering Division
Edmonds WA 98020
Ken Kime Robert Gregg
Diamond Parking Services, LLC Splash Properties IV, LLC
4719 University Way NE – Suite 203 51 W. Dayton – #304
Seattle WA 98105 Edmonds WA 98020
Alvin Rutledge Roger Hertrich
7101 Lake Ballinger Way 1020 Puget Drive
Edmonds WA 98026 Edmonds WA 98026
Diamond Parking Services, LLC
st
605 1 Avenue – Suite 600
Seattle WA 98104
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.
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.
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 after the date of the
decision being appealed.
Time Limits for Reconsideration and Appeals:
The time limits for Reconsiderations and Appeals run
concurrently. If a request for 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 their 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.
Page 3 of 3