S-05-64 comments prior to recording3.pdf
CE
ITY OF DMONDS
PLANREVIEWCOMMENTS
PLANNINGDIVISION
425.771.0220
DATE: November 12, 2008
TO: Phillip Lehn
plehn@comcast.net
FROM: Kathleen Taylor, Associate Planner
RE: S-2005-64
CORRECTIONS TO FINAL RECORD DOCUMENT
COMMENTS #3
th
I received your letter dated November 6. The letter included multiple reasons as to why the
requirements of preliminary approval need not be met. However, the decision of preliminary
approval was issued based on a series of conditions which must be met prior to final approval. If you
did not agree with the decision which was issued September 19, 2005, you had the opportunity to
appeal that decision within a timely manner. Edmonds Community Development Code (ECDC)
20.75.158 ‘Short plat – Staff review’, states that the decision ‘shall be final subject only to right of
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appeal provided for in ECDC 20.105.010(A)’. According to the ECDC 20.105.010(A), the
decision of a short plat can be appealed, but it must be appealed within 14 calendar days after the
date of decision pursuant to ECDC 20.105.020B. Since the decision was not appealed, all of the
conditions of approval remain in effect.
However, some changes are allowed pursuant to ECDC 20.75.110(A) ‘Preliminary Plats. The
community development director may approve under ECDC 20.95.050 (Staff Decision – Optional
Hearing), minor changes to an approved preliminary plat, or its conditions of approval. If the
proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding
property, or other major changes, the proposal shall be reviewed in the same manner as the original
application’.
The following is a response to the remaining items which must be corrected prior to recording.
1.Setbacks. As a condition of approval the AMEC Critical Areas Study dated April 27, 2005,
must be adhered to. It does allow for the setbacks to be reduced when a more specific
geotechnical report is submitted with the building permit. At this point, it is not beneficial to
debate the conditions of approval. If you wish to submit a change, it will be subject to re-review
pursuant to ECDC 20.75.110(A), referenced above. A change to the setbacks would fall under
‘additional impact to surrounding property.’
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ECDC 20.75.158 states, ‘The community services director, through his/her designees, the director of public
works and the community development director shall conduct an administrative review of a proposed short
subdivision and either sign the statements required by ECDC 20.75.140, if all requirements of this chapter have
been met, or disapprove such action, stating their reasons in writing. Such administrative action shall be final
subject only to right of appeal provided for in ECDC 20.105.010(A).’
2.Dedications. This was also a condition of approval, so changes are subject to compliance with
ECDC 20.75.110(A). Actual removal of Tracts EX and DX would be considered a major
change. However, you could possibly reduce the size of the tracts or change the boundaries, very
slightly. This would be considered a minor change. If you choose not to submit for a change,
add to dedication number 4 so that it reads, ‘Their purpose shall be to provide a landscaped open
space for the enjoyment of their owners and are not developable.’
3.Topography. The topography was included on the approved preliminary plat plan, which Meg
referenced in the decision. There is no mention in the decision to remove the topography. The
purpose of including it is to show the top and toe of slope, and provide a frame of reference for
both. It is not necessary to have the topography lines go through the text of the map, but show
the lines as best as possible. A dotted line could be used. It should not be necessary to resurvey
the entire area. Perhaps it is somewhat confusing because the plat map shows lots 1, 3 and 4
which are not part of the subject short plat. It is not necessary to show all of the topography for
those lots. The topography lines should extend just enough into those lots to show the top of the
slope. Also include the line 50’ from the toe of slope, for the toe which is shown horizontally
across lot E; the 50’ line falling across lot D. Refer to page 8 of AMEC’s 4/27/05 report.
4.Exterior lot lines. No change to the requirements here, but I would like to respond to your
comment that the plat map demonstrates that the adjacent lots meet the minimum lot area,
setbacks, and lot width. The plat map demonstrates only demonstrates compliance for lots 1, 3,
4, E and D. The boundaries of the revised plat map suggest that the properties extend further
westward, therefore also influencing compliance for surrounding properties. So you have two
options – a minor change to the short plat or a lot line adjustment.
a.Minor change. Under ECDC 20.75.110 the changes to the exterior lot lines can be
processed as minor changes. They are to be processed as a staff decision. The fee for a
minor modification of an approved subdivision is approximately $745. As a part of the
application you will need to provide a survey demonstrating that the adjacent properties
still meet the required minimum lot size, lot width, and setbacks.
b.Lot line adjustment. Pursuant to ECDC 20.75.050A, the quit claim deeds meet the
definition of a Lot Line Adjustment. As an alternative, you could retract the quit claim
deeds. Record the short plat as originally approved under the preliminary review. Then
after recording you could submit for a Lot Line Adjustment. The approximate fees for a
lot line adjustment total $365.
Please understand that city staff is limited by what the code says. It is not our desire to be difficult or
inflexible, but rather to follow the established rules, which were set in place via the public process. All
of the codes within the Edmonds Community Development Code were subject to public review and
voted in by the City Council. If you have further questions, please contact me via phone or e-mail. I can
be reached at 425.771.0220 or taylor@ci.edmonds.wa.us.
Thank you.
cc: Duane Bowman, Development Services Director
Rob Chave, Planning Manager