ExtensionDecision_V-06-116.pdf
PLANNING DIVISION
EXTENSION REQUEST: DECISION
To:
File # V-2006-116
From
:
Gina Coccia, Planner
Date:
DECEMBER 28, 2007
File:
V-2006-116
I.INTRODUCTION
A.Application
1.Applicant: Dennis Walcker (Attachment 1).
2.Site Location: 742 Daley Street.
3.Request: An extension of an approved (Reasonable Use) Variance for stream buffer
width reduction to allow the construction of one single family residence in the Single
Family Residential (RS-6) zone.
Review Process: Extension of Time, Planning Staff makes final decision.
4.
5.Major Issues:
a.Compliance with Edmonds Community Development Code (ECDC) Chapter
20.85 (Variances).
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 and a letter requesting an extension to their
Variance approval for one year. Approval for the Variance was issued on December 6,
2006 and was set to expire on December 6, 2007.
ExtensionDecision_V-06-116.doc / December 28, 2007 / Staff Report
Walcker Variance – Extension Request
File No. V-2006-116
Page 2 of 4
C.Decision
APPROVE
Based on statements of Fact, Conclusions and Attachments in this report, we
the extension request with the following conditions:
1.The extension will be valid until December 6, 2008. Please note that this is the only
extension of time that will be permitted for this project.
2.This application is subject to the applicable requirements contained in the Edmonds
Community Development Code (ECDC). It is the responsibility of the applicant to
ensure compliance with the various provisions contained in these ordinances.
II.FINDINGS OF FACT AND CONCLUSTIONS
A.Facts:
1.Dennis Walcker received approval of file V-2006-116 on November 28, 2006. This
request was for a reasonable use variance to reduce the standard stream buffer width
along the property in order to allow the construction of one single family house in the
Single Family Residential (RS-6) zone.
2.A request for reconsideration was received on November 29, 2006.
3.After reviewing the request, the Hearing Examiner reaffirmed his decision (but
acknowledged a typographical error) on December 6, 2006. Therefore, the variance
would set to expire one year from this date, on December 6, 2007.
4.Edmonds Community Development Code section 20.85.020.C states that “The
approved variance must be acted on by the owner within one year from the date of
approval or the variance shall expire and be null and void, unless the owner files an
application for an extension of time before the expiration and the city approves the
application.”
5.No substantial changes have occurred in the neighborhood.
6.The extension request was filed on November 15, 2007, prior to the expiration date
of the variance application (Attachment 1).
7.No public comments have been received.
8.The code allows for an extension of approval of variances.
9.The initial time frame for the variance permit is one-year, which is generally
adequate time to file proper building permits.
B.Conclusions:
1.Staff has determined that this is a timely application.
2.No substantial changes have occurred in the neighborhood that would affect the
outcome of a conditional use request.
3.The extension should be granted for an additional one-year period.
4.Therefore, the extension is valid until December 6, 2008.
ExtensionDecision_V-06-116.doc / December 28, 2007 / Staff Report
Walcker Variance – Extension Request
File No. V-2006-116
Page 3 of 4
III.PARTIES OF RECORD
Dennis Walcker Planning Division
PO Box 996
Lynnwood WA 98046
IV.ATTACHMENT
1.Extension request
V.VICINITY / ZONING MAP
Site: 742 Daley Street
ExtensionDecision_V-06-116.doc / December 28, 2007 / Staff Report
Walcker Variance – Extension Request
File No. V-2006-116
Page 4 of 4
VI.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 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.
ExtensionDecision_V-06-116.doc / December 28, 2007 / Staff Report