Loading...
Hearing Examiner Decision CU0749.pdflnc.IS9v CITY OF EDMONDS 121 5TH AVENUE NORTH - Edmonds, WA 98020 - (425) 771-0220 • FAX (425) 771-0221 HEARING EXAMINER GARY HAAKENSON MAYOR In the Matter of the Application of } NO. CU -2007-49 (Sunset Galleries) Rudy Steve Sutlovich } FINDINGS, CONCLUSIONS, } AND DECISION For a Conditional Use Permit. ) SUMMARY OF DECISION The request for a conditional use permit for an auction use within the Community Business zone is GRANTED, subject to conditions. SUMMARY OF RECORD Request: Rudy Steve Sutlovich (Applicant) requested a conditional use permit (CUP) to authorize an antique auction use within a portion of the Waterfront Antique Mall, which is located at 190 Sunset Avenue South. Hearin Date: The City of Edmonds Hearing Examiner conducted an open record hearing on the request on August 16, 2007. The Hearing Examiner visited the site prior to the hearing. Testimony: At the open record. hearing, the following individuals presented testimony under oath: 1. Gina Coccia, Planner, City of Edmonds 2. Rudy Steve Sutlovich, Applicant 3. Pat Campbell 4. Jessica Holliday S. Don Porter 6. Lora Black Exhibits: At the open record hearing the following exhibits were admitted into the record: A. Staff Report dated August 9, 2007, with the following attachments: 1. Land Use Application submitted June 6, 2007 2. Vicinity/Zoning Map 3. Letter'from Applicant to Gina Coccia re: business license application, dated June 4, 2007 Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Sutlovich CUP, No. CU -2007-49 • Incorporated August 11, 1890 • page I of 5. e proposes to conduct three to four auctions per month within this area, with each lasting four to five hours and having an average attendance of 40 people. As proposed, the auctions would occur during regular business hours. During non -auction times, the Applicant would use the space for retail antique sales (i.e., furnishings and collectibles). The Applicant has four employees. Exhibit A, Attachments 3 and 4. 7. The existing parking on site complies with the requirements of the Edmonds Community Development Code (ECDC), and has been adequate for the auction business during the years it has been in operation. Exhibit A, Staff Report, page 5; Exhibit I, Attachment 3; Testimony of Ms. Holliday. 8. The City determined that the proposal is exempt from review under the State Environmental Policy Act (SEPA). Exhibit A, page 5. 9. Public comment was in support of the auction use. The witnesses emphasized that the use has not generated adverse noise, traffic, or parking problems; that the use attracts visitors from outside the City; and that the use supports other antique businesses by providing a means for dealers to acquire and sell their products. It was suggested during public .comment that the auction use might be temporary at the site, because the subject property is being considered for a redevelopment project that might occur within the next several years. Exhibit A, Attachments 7 and 8; Exhibit B;. Testimony of Mr. Campbell, Ms. Holliday, Mr. Porter, and Ms. Black 10. Notice of the open record hearing was posted on site and mailed to adjacent properties on July 17, 2007. Exhibit A, Attachment G. CONCLUSIONS Jurisdiction: The Hearing Examiner has jurisdiction to hear and decide CUP requests pursuant to ECDC ,20.100.010.A.3 and 20.05.010. Criteria for Review: Pursuant to ECDC 20.05.010, the Hearing Examiner may not approve a CUP unless the following findings can be made: A. That the proposed use is consistent with the comprehensive plan; B. Zoning Ordinance. That the proposed use, and its location, is consistent with the purposes of the zoning ordinance and the purposes of the zoning district in which the use is to be located, and that the proposed use will meet all applicable requirements of the zoning ordinance; C. Not Detrimental. That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to nearby private property or improvements unless the use is a public necessity; and Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Sutlovich CUP, No. CU -2007-49 page 3 of 5. All necessary City sign permits shall be obtained prior to erecting new signs. DECIDED this 29th day of August 2007. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Sutlovich CUP, No. CU -2007-49 Toweill Rice Taylor LLC City of Edmonds Hearing Examiners By: &044�-(73� LeAnna C. Toweill page 5 of 5 -, o C. 189", CITY OF EDMONDS 121 5TH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 HEARING EXAMINER GARY HAAKENSON MAYOR RECONSIDERATION AND APPEAL The following is a summary of the deadlines and procedures for filing requests for reconsideration and appeals. Any person wishing to file or respond to a reguest for reconsideration or an a eal should contact the Planning Division of the Development Services Department for further procedural information. REQUEST FOR RECONSIDERATION Section 20.100.010(G) of the Edmonds Community Development Code (ECDC) requires the Hearing Examiner to reconsider his or her decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony, or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. APPEALS Chapter 20.105 of the ECDC contains the appeal procedures for Hearing Examiner decisions. Pursuant to Section 20.105.040(A), persons entitled to appeal include (1) the Applicant; (2) anyone who has submitted a written document to the City of Edmonds concerning the application prior to or at the hearing; or (3) anyone testifying on the application at the hearing. Sections 20.105.020(A) requires appeals to be in writing, and state (1) the decision being appealed, the name of the project applicant, and the date of the decision; (2) the name and address of the person (or group) appealing the decision, and his or her interest in the matter; and (3) the reasons why the. person appealing believes the decision to be wrong. Pursuant to Section 20.105.020(B), the appeal must be fled with the Director of the Development Services Department within 14 calendar days after the date of the decision being appealed. The appeal must be accompanied by any required appeal fee. TIME LINUTS FOR RECONSIDERATION AND APPEAL The time limits for Reconsideration and Appeal run concurrently. If a request for reconsideration is filed before the time limit for fling 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 or her decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example, if a reconsideration request is filed on day five of the appeal period, an individual would have nine more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. LAPSE OF APPROVAL Section 20.05.020(C) of the ECDC states: "Time Limit. 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 permit shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date." NOTICE TO COUNTY ASSESSOR The property owner may, as a result of the decision rendered by the Hearing Examiner, request a change in the valuation of the property by the Snohomish County Assessors Office. • Incorporated August 11, 1890 •