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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.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT: PLANNING ® BUILDING January 14, 2014 Mike Leighton 20019 81St Ave. W Edmonds, WA 98026 Subject: Notice of Type I Action and Decision — Reasonable Accommodation Request (STF20130006) Findings of Fact On October 9, 2013, the city of Edmonds ("City") provided a Reasonable Accommodation Covenant for your review and endorsement pursuant to your request to stable a miniature service horse at the parcel at 20019 81St Ave. West. On December 2, 2013, you were emailed and notified that the Covenant still needed to be signed and recorded in order to establish the mini horse use. In that email, you were also notified that unless a response was received by January 9, 2014, the permit request would lapse due to inaction. It has been more than 90 days since you were initially provided the Reasonable Accommodation Covenant for review and signature, but current records indicate that you have not submitted the signed document to the City. 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 your review and signature of the Reasonable Accommodation Covenant was necessary on October 9, 2013, and pursuant to the aforementioned ECDC, you have been afforded 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." Page 1 of 2 As noted above, there is no evidence that you have submitted the signed Covenant as requested. Therefore, it is within the City of Edmonds Development Services Director's authority to instigate this Type I Action and to issue the decision below. Decision Because you have not submitted the signed Reasonable Accommodation Covenant within 90 days as requested, 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 timely made, your application materials will be destroyed, in accordance with ECDC 20.02.003.D.3. Dated this 14th day of January, 2014. �UcXL6i Mike Clugston, AICP Associate Planner Page 2 of 2