PLN20150031 and PLN20160038 Notice of Expiration.pdfCITY OF EDMONDS
121 51h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
`PC. 189v
January 17, 2017
Mr. Terrance Wilson
Via email: TerryaWilsonNeal.com
SUBJECT: NOTICE OF TYPE I ACTION AND DECISION
SHORT PLAT APPLICATION LOCATED AT 18227 — 80TH AVE. W.
FILE NOS. PLN20150031 & PLN20160038
Findings of Fact
On October 13, 2016, the City of Edmonds ("City") notified you that additional information/clarification
was needed for staff to continue with review of your applications for a short plat and associated
modification request at 18227 - 801h Ave. W (PLN20150031 and PLN20160038). This letter (attached for
reference) indicated that a complete response to the request for information must be received within 90
days or the application will lapse for lack of information pursuant to ECDC 20.02.003.D.
It has been more than 90 days since you were notified of the additional information/clarification
necessary for review of your applications PLN20150031 and PLN20160038 (January 11, 2017 was the
90th day), and current records indicate that you have not submitted the requested information. 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 "Whenever the
applicant receives a notice that the contents of the application, which had been previously determined
under subsection (A)(1) of this section to be complete, is insufficient, ambiguous, undecipherable, or
otherwise unresponsive of the information being sought, the applicant shall have 90 days to submit the
necessary information. If circumstances warrant, the applicant may apply in writing to the director
requesting a one-time 90-day extension. The extension request must be received by the city prior to the
end of the initial 90-day compliance period. "
As noted above, you were notified by the City that additional information was necessary on October 13,
2016. Pursuant to the aforementioned ECDC, you have been afforded 90 days to submit the required
information before this Type I Action was instigated, the last deadline being January 11, 2017.
ECDC 20.02.003(D)(3) further provides that "[iff the applicant does not submit the additional
information requested within the 90-day period (or within the 90-day extension period, as applicable), 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 initiate this Type I Action
and to issue the decision below.
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Decision
Since additional information/clarification requested in staff s October 13, 2016 letter was not submitted
within 90 days, pursuant to the above referenced codes, the City is hereby issuing this Notice of Type I
Action and Decision ("Notice") that applications PLN20150031 and PLN20160038 for a short plat and
associated modification request at 18227 - 801h Ave. W have lapsed for lack of information necessary to
complete the review. No further action by the City will be taken on your applications. 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 36.7013.130, 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 17`h day of January, 2017.
ennifer Machuga
Associate Planner
Exhibit 1 — October 13, 2016 Request for Additional Information
Cc: Phong Le, Clear Vision Homes (via email: lep95 _,, ahoo.com)
Parties of Record
File No. PLN20150031
File No. PLN20160038
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