Notice of Lapsed Time - Abandoned Application.pdfC
121 5th AVENUE NORTH a EDMONDS, WA 98020 ® (425) 771-0220 o FAX (425) 771-0221
Website: wwad,edrnonds.wa.LIS
DEVELOPMENT SERVICES DEPARTMENT
Jeff Waldron
Axis Physical Therapy
21009 76"' Avenue West
Edmonds, WA 98026
Subject: Notice of Type I Action and Decision — Tree Removal Application PLN20100076
Findings of Fact
MIKE COOPER
MAYOR
On December 16, 2010, the city of Edmonds ("City") notified you that your application for the removal
of two trees on the property located at 21009 76"' Avenue West (PLN20100076) was incomplete and that
additional information was necessary to process, review and/or issue a substantive decision on your
application. The letter of incompleteness and request for additional information is attached as Exhibit A.
It has been more than 90 days since you were notified the application was incomplete, 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)(1) provides that "[w]henever the
applicant receives a determination from the city pursuant to subsection (A)(2) of this section that the
application is incomplete, the applicant shall have 90 days to submit the necessary infof•rnation.
As noted above, you were notified by the City that the application was incomplete and additional
information was necessary on December 16, 2010, and pursuant to the aforementioned ECDC, you have
been afforded 90 days to submit them before this Type I Action was instigated.
ECDC 20.02.003(D)(3) further provides that "[iJf the applicant does not submit the additional
information requested within the 90 -day per-iod for the development pi°oject permit, the director shall
make findings and issue a decision, according to the Type I 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' authority to instigate this Type I Action and to issue the decision below.
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,
Incorporated August 1 i, 1890
Sister City - Hekinan, Japan
you will need to make arrangements to pick up your application materials from the City's planning
departments within 30 days of this Notice. If no such arrangements are made timely, your application
materials will be destroyed. You may also request a refund of the remaining application fee.
Finally, pursuant to RCW 36.7013.130, 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 18t" day of March, 2011.
Kernen Lien
Associate Planner
Development Services Department
Encl: December 16, 2010 Letter of Incompleteness and Request for Additional Information