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PLN20120033 City Response to Comments on Order on Reconsideration.pdfS] • , 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION ''oe. 189" April 23, 2013 Mr. Phil Olbrechts Hearing Examiner Sent via email SUBJECT. Response to Comments on Order on Reconsideration Hillman Variances - File No. PLN20120033 Dear Mr. Olbrechts, The Hearing Examiner's Order on Reconsideration issued on April 16, 2013 regarding Tom and Lin Hillman's variance application (File No. PLN20120033) allowed for all parties of record to submit written comments by 5:00 p.m. on April 22, 2013. Comments were received from five parties and were sent to the Hearing Examiner via email on April 22, 2013. The comments sent to the Hearing Examiner include the following: - Letter from Todd Brown, received 4/19/13 - Email from David Thorpe, received 4/21/13 - Letter from Cheri Zehner, received via email 4/21/13 - Letter from Alvin Rutledge, received 4/22/13 - Letter from Tom and Lin Hillman, received 4/22/13 As allowed for by the Hearing Examiner's Order on Reconsideration, the City and applicant may respond to the above comments by 5:00 p.m. on April 23, 2013. In response to the comments raised, the City would like to offer the following. With regards to stormwater flows at the subject site, the City has relied on the statements and documentation of a licensed professional Wetland Ecologist. As provided in Attachment 8 of the City's Report and Recommendations to the Hearing Examiner dated March 7, 2013, the Wetland Ecologist has indicated that stormwater from the subject site flows to the northwest culvert. It is the applicants responsibility to show compliance with stormwater codes with a city -prescribed design that attempts to match the post -development stormwater runoff rates with the pre -development stormwater runoff rates from the property up to the 10-year, 24-hour storm event only. As stated by the Wetland Ecologist and the neighbors, during heavy rain events the stream may overflow along the west property line and outfall via the southwest culvert. As the culvert is only used as an overflow outlet in both pre and post development conditions, there is no approval needed by the owners of I I I I Sierra Pl. City Engineering staff wishes to reiterate that monitoring of the proposed site stormwater management system to verify that it fully prevents any increase in stormwater discharges to neighboring properties is problematic. Flow onto the Hillman property in part comes from the City's storm system that discharges into the stream. This stream receives stormwater runoff from an area of at least 16 acres, encompassing 40+ lots and City right-of-way that were developed largely before stormwater management was required. In addition, the site is also subject to groundwater seepage from the surrounding upstream area and surface runoff from adjacent parcels, which may influence the surface water flows that come off the Hillman property. In closing, Planning and Engineering Division staff confirms its position made in the City's April 8, 2013 request for reconsideration and respectfully requests that the Hearing Examiner reconsider/clarify the findings and conclusions of the decision on the Hillman variance request in addition to Conditions #1 and #2 and add clarification of the City's appeal procedures. Sincerely, Jennifer Machuga Jennifer Lambert Associate Planner Engineering Technician Page 2 of 2