Request_for_Reconsideration_PLN20150052.pdf,/?C. l g9-
CITY OF EDONDS
121 5th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www,edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION -
REQUEST FOR RECONSIDERATION
Project: Dietz Critical Area Reasonable Use Variance
File Number: PLN20150052
Date: A it 12, 2016
G
From:
l rn....en Lien,mS,i a,. ai'er
I. ECDC 20.06.010 - RECONSIDERATION OF DECISION
Edmonds Community Development Code (ECDC) 20.06.010 allows parties of record to
request reconsideration of a Hearing Examiner decision. The request for reconsideration
shall be limited to:
1. Error(s) of procedure;
2. Error(s) of law or fact;
3. Error(s) of judgement; and/or
4. The discovery of new evidence that was not known and could not, in the exercise of
reasonable diligence, have been discovered.
The City of Edmonds is submitting this request for reconsideration because the Hearing
Examiner decision issued on April 7, 2016 contains some technical error(s) in law.
II. HEARING EXAMINER'S CONCLUSIONS OF LAW NUMBERS 10, 11, AND 19
The Hearing Examiner's Conclusions of Law Numbers 10, 11, and 19 are based on a prior
definition of "reasonable economic use(s)." The definition for "reasonable economic use(s)
on page 5 of the Hearing Examiner's decision is listed as:
"Reasonable economic use(s)" is defined pursuant to ECDC 23.40.320 as follows: "The
minimum use to which a property owner is entitled under applicable state and federal
constitutional provisions in order to avoid a taking and/or violation of substantive due
process. "Reasonable economic use " shall be liberally construed to protect the
PLN20150052 - Dietz Critical Area Reasonable Use - Request for Reconsideration Page 1 of 2
constitutional property rights of the applicant. For example, the minimum reasonable use
of a residential lot which meets or exceeds minimum bulk requirements is use for one
single-family residential structure. Determination of "reasonable economic use" shall
not include consideration of factors personal to the owner such as a desire to make a
more profitable use of the site. "
This definition of "reasonable economic use(s)" was amended by Ordinance No. 3952 in
2013. Page 5 of the staff report included the current definition of "reasonable economic
use(s)" as defined by ECDC 23.40.320, which states:
"Reasonable economic use(s) " means the minimum use to which a property owner is
entitled under applicable state and federal constitutional provisions in order to avoid a
taking and/or violation of substantive due process.
The language in Conclusion of Law No. 10 refers to portions of the definition of "reasonable
economic use(s)" which no longer exist in the code as a result of the 2013 amendment. In
particular the Hearing Examiner notes in Conclusion of Law No. 10 that:
The subject lot meets minimum bulk and dimensional standards of the RS -6 zoning
district. Consequently, a single family home qualifies as a minimum reasonable use
under the definition.
This analysis is then referenced in Conclusions of Law Numbers 11 and 19.
The City of Edmonds respectfully requests that the Hearing Examiner revise the Conclusions
of Law Numbers 10, 11, and 19 so that they are based on the current definition of
"reasonable economic use(s)" contained in the Edmonds Community Development Code.
OTHER MINOR CORRECTIONS
Two other minor corrections should be addressed when the Hearing Examiner updates the
decision.
11adra,, Location: It should be noted that the public hearing was held in the Brackett Room
of City Hall and not the City Council meeting chambers as noted on page 3 of the Hearing
Examiner Decision.
Conclusions of Law Numbering: The conclusions of law number sequencing jumps from
number 3 to number 10 on page 5 of the Hearing Examiner's decision. Please revise the
conclusion of law numbering so they are sequential.
PLN20150052 — Dietz Critical Area Reasonable Use — Request for Reconsideration Page 2 of 2