PLN20170004 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
Ion. 1 g`)"
November 6, 2017
James and Julie Rose
7219 Lake Ballinger Way
Edmonds, WA 98026
SUBJECT: NOTICE OF TYPE I ACTION AND DECISION FOR ACCESSORY DWELLING
UNIT APPLICATION LOCATED AT 7219 LAKE BALLINGER WAY
FILE NO. PLN20170004
Findinas of Fact
On June 2, 2017, the City of Edmonds ("City") notified you that additional information/clarification was
needed for staff to continue with review of your application for an Accessory Dwelling Unit at 7219 Lake
Ballinger Way (File No. PLN20170004). 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 application (August 31, 2017 was the 90"' 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 June 2, 2017.
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 August 31, 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.
Page 1 of 2
Decision
Since additional information/clarification requested in staff s June 2, 2017 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 application PLN20170004 for an Accessory Dwelling Unit at 7219 Lake
Ballinger Way 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 Division 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 36.70B.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 6th day of November, 2017.
Jennifer Machuga
Associate Planner
Exhibit 1 — June 2, 2017 2"' Request for Additional Information
Cc: File No. PLN20170004
Party of Record: Alvin Rutledge
Page 2 of 2
CITY OF EDMONDS
121 Sch Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
fnc. 10"
June 2, 2017
James and Julie Rose
Email: jamesnrose@gmail.com
SUBJECT: 2" REQUEST FOR ADDITIONAL INFORMATION FOR PROPOSED
ACCESSORY DWELLING UNIT LOCATED AT 7219 LAKE BALLINGER WAY
FILE NO. PLN20170004
Dear Mr. and Mrs. Rose:
Thank you for submitting a critical areas checklist on May 9, 2017 and a cover letter and revised site plans on
May 15, 2017 regarding your land use application for an Accessory Dwelling Unit (ADU) located at 7219
Lake Ballinger Way. Staff has reviewed your resubmittal and has found that the following
information/clarification will be necessary. Please provide a response to the following at your earliest
convenience so that staff s review of the proposal can continue:
1. As stated in my previous request for additional information, a report by a qualified professional
addressing the applicable critical areas code requirements is necessary in order to determine the
feasibility of your proposal. During the critical area inspection of your property, it was found that
your property contains and/or is adjacent to a potential wetland, so this item will need to be addressed
before review of your application can continue.
Previous Comment: Due to the location of a wetland on and/or adjacent to your property, your
proposal is subject to the applicable critical areas code requirements of ECDC Chapters 23.40 and
23.50. In order to determine the feasibility of the proposal, a qualified professional (i.e. biologist) will
need to visit your property and prepare a report addressing the applicable requirements of ECDC
Chapters 23.40 and 23.50. As part of the qualified professional's assessment, they will need to
delineate the wetland on/adjacent to your property and determine its category and required buffer. All
proposed improvements will need to be outside of any required buffers and/or a mitigation plan
consistent with the above referenced critical areas requirements will need to be provided. If your
biologist determines that the project is located within an interrupted buffer due to the location of the
existing driveway and/or other improvements, then they will need to adequately document such
pursuant to ECDC 23.40.220.C.
Please submit the above information to the Planning Division as soon as possible so that staff may continue
processing your application. Please keep in mind that a complete response to this information request must
be received within 90 days or the application will lapse for lack of information (ECDC 20.02.003.D). Thus,
your application will expire if the requested information is not received by August 31, 2017. If you have any
questions, feel free to contact me at Jen.Machugakedmondswa.go or (425) 771-0220.
Sincerely,
Development Services Department - Planning Division
Jen Mach uga
Associate Planner
Cc: File No. PLN20170004