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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 October 4, 2012 Dagnew Amdemichael 1653142nd Ave. W Lynnwood, WA 98037 dandemichael@hotmail.com Subject: Notice of Type I Action and Decision — Short Plat at 9622 234th Street and 23420 96th Avenue West (PLN20120024) Findings of Fact On July 3, 2012, 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 short plat at the above address (PLN20120024). 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 90 days since you were notified (October 1 was the 901h day), 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 July 3, 2012, 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." 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 90 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 36.70B.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 4t" day of October, 2012. Mike Clugston, AIC Associate Planner Enclosure Page 2 of 2