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Notice of Lapsed Time - PLN-2009-0049.pdf41)C.18°)11 T �1 . t CITY HALL m THIRD FLOOR 121 5TH AVENUE NORTH ® EDMONDS, WA 98020 a (425) 771-0247 ® FAX (425) 771-0252 OFFICE OF THE MAYOR Craig Reimer 915 Cedar Street Edmonds, WA 98020 GARY HAAKENSON MAYOR Subject: Notice of Type I Action and Decision — Two -lot subdivision of property located at 18607 Olympic View Drive (PLN20090049). Findings of Fact On October 29, 2009, the city of Edmonds ("City") notified you that additional inforination were necessary to process, review and/or issue a substantive decision on your application for two -lot subdivision of property located at 18607 Olympic View Drive (PLN20090049). 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, 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 "[1-1Jhene1)er 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 October 29, 2009, 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 "[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 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 Development Services Director's 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 {BFP769350.DOC;1\00006.900150\ } Incorporated August 1:1, 1890 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 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 /6 day of March, 2010. 4—Az�-- Gary aake s n Mayor Enclosure Stephen Bullock 21402 80`1' Avenue West Edmonds, WA 98020 (BFP769350.DOC;1\00006.900150\ )