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Notice of Lapsed Time - Abandoned Application.pdfCITY OF EDMONDS • 1215" AVENUE NORTH • EDMONDS, WA 98020 PHONE: 425.771.0220 # FAX: 425.771.0221 • WEB: www,edrnondsvw+aw DEVELOPMENT SERVICES DEPARTMENT: PLANNING • BUILDING December 1, 2015 Robert A. Bradley 731 N. 96th Street Seattle, WA 98103 Subject: Notice of Type I Action and Decision — Lot Line Adjustment at 16202 72nd Ave. W (PLN20150012) On May 28, 2015, the city of Edmonds ("City") notified you that additional information was necessary to process, review and/or issue a substantive decision on your application for a lot line adjustment at the above address (PLN20150012). A request that you submit the additional information was also included in said notice, a copy of which is attached as Exhibit A. It has been more than 180 days since you were notified (August 26 was the 90th day and November 24 was the last day of a granted 90 -day extension), but current records indicate that you have not submitted the information requested by the City. Again, without this information the City cannot continue to process, review and/or issue a substantive decision on your application. Conclusions of Law Edmonds Community Development Code ("ECDC") 20.02.003(D)(2) provides that "[w]henever the applicant receives a notice that the contents of the application [...] is insufficient, ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the applicant shall have 90 days to submit the necessary information." As noted above, you were notified by the City that additional information were necessary on May 28, 2015, and pursuant to the aforementioned ECDC, you have been afforded 90 days (plus an additional 90 days) to submit it before this Type I Action was instigated. ECDC 20.02.003(D)(3) further provides that "(i]f the applicant does not submit the additional information requested within the 90 -day period for the development project permit, the director shall make findings and issue a decision, according to the Type 1 procedure, that the application has lapsed for lack of information necessary to complete the review." As noted above, there is no evidence that you have submitted the additional information as requested. It is within the City of Edmonds Development Services Director's authority to instigate this Type I Action and to issue the decision below. Page 1 of 2 Decision Because you have not submitted the additional information requested within 180 days, pursuant to the above referenced codes, the City is hereby issuing this Notice of Type I Action and Decision ("Notice") that your application has lapsed for lack of information necessary to complete the review. No further action by the City will be taken on your application. If you believe you submitted the additional information requested and have supporting evidence, please contact the City immediately. Otherwise, you will need to make arrangements to pick up your application materials from the City's planning department within 30 days of this Notice. If no such arrangements are made timely, your application materials will be destroyed, in accordance with ECDC 20.02.003.D.3. According to ECDC 20.02.003.D.4, when an application has lapsed, you may request a refund of some or all of the preliminary application fee. To do this, submit a letter to the Development Services Director explaining the circumstances involved in the delay. Finally, pursuant to RCW 36.708.130, property owners that are affected by the decision issued in this Notice may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Any such request, if applicable, should be directed to Snohomish County. Dated this 1St day of December, 2015. r Mike Clugston, CP Associate Planner Enclosures Cc: Jonathan R. Moore Montgomery, Purdue, Blankenship & Austin PLLC 7015 th Ave., Suite 5500 Seattle, WA 98104 Page 2 of 2