Notice of Lapsed Time and attachments.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
September 29, 2014
Amanda Nations
14432 SE Eastgate Way, Suite 260
Bellevue, WA 98007
amanda.nations@smartlinkllc.com
Subject: Notice of Type I Action and Decision — PUD pole replacement in ROW near 18925 88th
Ave. W (PLN20130079)
Findings of Fact
On January 28, 2014, the city of Edmonds ("City") notified you that additional information was
necessary to process, review and/or issue a substantive decision on the project referenced
above. A request that you submit the additional information was also included in that notice, a
copy of which is attached as Exhibit A.
On March 27, 2014, the City granted a one-time 90 -day extension for the resubmittal of the
requested materials per ECDC 20.02.003.D.2. This decision extended the validity of the permit
application through July 28, 2014. A copy of this decision is attached as Exhibit B.
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 was necessary on
January 28, 2014 and pursuant to the aforementioned ECDC and the 90 -day extension, you
were afforded a total of 180 days to submit the information 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."
Page 1 of 2
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 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 29th day of September, 2014.
Mike Clugston, AICP
Associate Planner
Enclosures
Page 2 of 2
M o, Michael
From: Clugston, Michael
Sent: Thursday, March 27, 2014 10:04 AM
To: 'Amanda Nations'
Subject: RE: 6908 174th pole replacement
Hi Amanda,
Thank you for your response. My date calculation was one month off - the response to the January 28 letter is actually
due by April 28, not March 28. 90 days, not 60 - sorry about that.
Regardless of my suspect ability to read a calendar, I am granting a one-time 90 -day extension for resubmittal of the
materials requested on January 28, 2014 for permit PLN20130079 per ECDC 20.02.003.D.2. All materials requested in
the January 28 letter must be received by July 27, 2014 or PLN20130079 will lapse due to lack of information.
Thanks.
Mike Clugston, AICP ( Associate Planner
City of Edmonds
425-771-0220
michael.clugston@edmondswa.gov
From: Amanda Nations[mailto:amanda.nations(a)smartlinkllc.com]
Sent: Thursday, March 27, 2014 9:48 AM
To: Clugston, Michael
Subject: RE: 6908 174th pole replacement
Good Morning Michael,
I was unaware that George had not yet responded to the letter of incompleteness.
Please accept this email as=a formal request for a 90 day extension.
Thank you,
Amanda (dations I Land Use Specialist
Smartlink
14432 SE Eastgate Way, Suite 260 — Bellevue, WA 98007
(m) 206.496.2294
(f) 425.274.4449
www.smartlinkllc.com
This electronic mail (including any attachments) may contain information that is privileged, confidential, and/or otherwise protected from disclosure to
anyone other than its intended recipient(s). Any dissemination or use of this electronic email or its contents (including any attachments) by persons other
than the intended recipient(s) is strictly prohibited. If you have received this message in error, please notify us immediately by reply email so that we may
correct our internal records. Please then delete the original message (including any attachments) in its entirety. Thank you.
From: Clugston, Michael[ma iIto: Michael. Clugston@edmondswa.gov]
Sent: Wednesday, March 26, 2014 4:19 PM
To: Amanda Nations
Cc: Jacob Hamilton
Subject: FW: 6908 174th pole replacement
Hi Amanda,
I got your voicemail earlier today. I sent a decision on PLN20130069 to Jacob Hamilton last week. If you have any questions
about this permit, please let me know.
I had also been working with George Johnston on PLN20130079, a pole replacement off 881" Avenue West. I had sent him
the attached correction letter on January 28 but hadn't heard anything back. The permit will lapse for lack of complete
information on March 28 unless you request a 90 -day extension per ECDC 20.02.003.D.2. If you email me by Friday
requesting an extension of PLN20130079, I'll grant a one-time extension of 90 days for resubmittal.
Regards,
Mike Clugston, AICP I Associate Planner
City of Edmonds
425-771-0220
michael.clugston@edmondswa.gov
From: Clugston, Michael
Sent: Friday, March 21, 2014 4:27 PM
To:'jacob.hamilton@smartlinklic.com'
Subject: 6908 174th pole replacement
Hi Jacob,
Attached is the conditional use permit decision for PLN20130069. If you have any questions, please let me know.
Regards,
Mike Clugston, AICP I Associate Planner
City of Edmonds
425-771-0220
michael.clugston@edmondswa.gov
`lie. 12,9"
January 28, 2014
1215 th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION
George Johnston
Smartlink, LLC on behalf of AT&T Wireless
PO Box 77241
Seattle, WA 98177
Subject: Letter of incomplete application, AT&T Mobility structure -mounted wireless CUP
File: PLN20130079 (SN2887)
Dear Mr. Johnston,
The City of Edmonds has reviewed your application for a conditional use permit to replace a
structure -mounted wireless facility on a new PUD pole within the City's right-of-way on 88th
Avenue West (adjacent to 18925 88th Ave. W). Before continuing with the review of the permit,
however, the following information is required:
1) $185 noticing fee. I confused the required fees at intake — since the application was
initially submitted on December 31, 2013 (the day before the City's new fees took
effect), an additional $185 fee for posting and notice is required. I apologize for the
oversight.
2) Notarized APO form. While the Adjacent Property Owner addresses and labels were
submitted, the notarized form itself is missing. The form is available with Handout
P2 here: http://www.edmondswa.gov/services/permits-development/handouts-
forms/handouts-by-number.html.
3) Existing and proposed coverage maps per ECDC 20.50.070(B) and (C).
4) Photo of existing site appearance per ECDC 20.50.070(E).
5) A noise report per ECDC 20.50.070(F) in accordance with ECDC 20.50.050(C), as
applicable.
6) RF emissions report per ECDC 20.50.070(G).
Please keep in mind that a complete response to this information request must be receivef.
within 1 days or • • •n will lapse forrn (ECDC 20.02.003.1)).
If you have any questions, please let me know either at 425-771-0220 or
michael.clugston@edmondswa.gov.
Sincerely,
1�w
Mike Clugston, AICP
Associate Planner
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