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StaffReport_CU-07-49.pdf
CITY OF EDMONDS 12I - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION ADVISORY REPORT FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS To: Hearing Examiner From: Gina Coccia Planner Date: AUGUST 9, 2007 File: CU -2007.49 SUNSET GALLERIES: AUCTION USE Hearing Date, Time, And Place: August 16, 2007 at 3:00 P.M. Council Chambers Edmonds Public Safety Complex 250 5t4 Avenue North, Edmonds WA 98020 TABLE OF CONTENTS Section Page I. INTRODUCTION......................................................................................................................................... 2 A. APPLICATION.......................................................................................................................................... 2 B. RECOMMENDATIONS.............................................................................................................................. 3 H, FINDINGS OF FACT AND CONCLUSIONS...........................................................................................3 A. SITE DESCRIPTION.................................................................................................................................. 3 B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE ................................................... 4 C. EDMONDS COMPREHENSIVE PLAN COMPLIANCE.................................................................................... 6 D. TECHNICAL COMMITTEE........................................................................................................................ 6 E. PUBLIC COMMENTS: LETTERS RECEIVED............................................................................................... 6 III. RECONSIDERATION AND APPEALS................................................................................................. 7 A. REQUEST FOR RECONSIDERATION.......................................................................................................... 7 B. APPEALS OF CONDITIONAL USE PERMITS............................................................................................... 7 C. TIME LIMITS FOR RECONSIDERATION AND APPEALS............................................................................... 7 IV. NOTICE TO THE COUNTY ASSESSOR................................................................................................. 7 V. LAPSE OF APPROVAL FOR THE CONDITIONAL USE PERMIT....................................................7 VI. ATTACHMENTS......................................................................................................................................... 8 VII. PARTIES OF RECORD............................................................................................................................... 8 StaffReport_CU-07-49.doc / June 28, 2007 Sunset Galleries: Auction Use File No, CU -0749 Page 2 of 8 I. INTRODUCTION The applicant would like to have an auction business ("Sunset Galleries") at the Waterfront Antique Mall site at 190 Sunset Avenue South in the Community Business (BC) zone. On September 29, 2006, and again on October 25, the City Clerk's office sent a letter to the above property because it had been brought to their attention that there may be a business operating without a City of Edmonds business license. Sunset Galleries applied for a business license on November 9 for an auction business, which had allegedly been in operation since 2002. The business license application was reviewed by planning staff, and letters to obtain clarification on the auction use were sent on December 1, April 10, and May 17 with no response. Planning staff turned the business license file over to Code Enforcement on May 24 and Sunset Galleries was given until June 8 to either acquire and/or update the current business license application. The applicant revised the business license application to say "Antiques Dealer" and stated he will hold silent auctions' for now, and would like to obtain approval for a standard auction use. He applied for a Conditional Use Permit on June 6 to try to obtain approval for an auction business. Attachment I is the Land Use Application, which contains all of the contact information. Attachment 2 is the zoning and vicinity map. Attachment 3 is the Criteria Statement, where the applicant has described the nature of the business. Attachment 4 is the applicant's revised business license application. Attachment 5 is an existing site plan for the entire Waterfront Antique Mall site that was on file, which illustrates the amount of onsite parking available for the tenants. Attachment 6 contains the affidavits of posting and mailing for this application. Attachments 7 and 8 are the two public comment letters received to date, and both are in favor of the auction use. The applicant has applied for a Conditional Use Permit for an auction business and the following is the Edmonds Planning Division's analysis and recommendation of the applicant's submittal. A. Application 1. Applicant: Rudy Steve Sutlovich (Attachment 1), 2, Site Location: 190 Sunset Avenue South, located in the "Waterfront Antique Mall" (Attachment 2). 3. Request: A Conditional Use Permit to allow an auction use in the Community Business (BC) zone. 4. Review Process: Conditional Use Permit — Hearing Examiner conducts public hearing and makes final decision. 5. Major Issues: a. Compliance with ECDC § 16.50: Community Business (BC). b. Compliance with ECDC § 20.05: Conditional Use Permits. c. Compliance with the City of Edmonds Comprehensive Plan. ' A silent auction refers to the sale of multiple items, where participants submit bids near the item, and the highest bidder pays the price they submitted. Planning staff has `okayed' such a use, because it wouldn't attract a large crowd all at once, like a standard auction (as proposed) would do. Staf%Report_CU-0749.doc / August 9, 2007 Sunset Galleries: Auction Use File No, CU -07-49 Page 3 of 8 B. Recommendations Based on Findings of Fact, Conclusions in, and Attachments to this report staff recommends APPROVAL of the Conditional Use Permit for the "Sunset Galleries" auction use with the following conditions: 1. The applicant shall revise the business license application to reflect the auction use. 2. Vehicle and livestock auctions will not be permitted, pursuant to ECDC 16.50.010.0.5. 3. The permit shall be transferable. 4. This application is subject to the applicable requirements contained in the Edmonds Community Development Code (ECDC). It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. I. FINDINGS OF FACT AND CONCLUSIONS A. Site Description a) Facts: (1) The neighborhood is commercially zoned. The site is in the vicinity of the beach, the railroad, and the ferry terminal. (2) The area to the north is zoned Commercial Waterfront (CW) and is developed with commercial businesses. The area to the east is zoned Downtown Business — "Downtown Mixed Residential" (BD4). The area to the south is zoned General Commercial (CG) and is developed with the Harbor Square facility, among other businesses (Attachment 2). StaftReport_CU-07-49.doe /August 9, 2007 0 Sunset Galleries: Auction Use File No. CU -07-49 Page 4 of 8 Edmonds Community Development Code (ECDC) Compliance 1. ECDC § 16.50: Community Business (BC). a) Fact: Auction businesses (excluding vehicle or livestock auctions) are a permitted primaryuse requiring a Conditional Use Permit, as stated in ECDC 16:50.010.0.5. b) Conclusion: Compliance with Chapter 20.05 is required to allow the establishment of an auction in this zone. If a Conditional Use Permit is granted, then the use will be consistent with the Edmonds Community Development Code Section 16.50.010. 2, ECDC § 20.05; Conditional Use Permits a) Facts: (1) ECDC Section 20.05 contains the review and approval criteria for Conditional Use Permits. According to the aforementioned code section, "No Conditional Use Permit may be approved unless all the findings in this section can be made." The findings are as follows: • Comprehensive Plan - The proposed use is compatible with the Comprehensive Plan. • Zoning Ordinance - That the proposed use, and its location, is consistent with the purposes of the Zoning Ordinance and the purpose of the zone district in which the use is to be located, and that the proposed use will meet all the applicable requirements of the Zoning Ordinance. • Not Detrimental - That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to nearby private property or improvements unless the use is a public necessity. • Transferability - The Hearing Examiner shall determine whether the conditional use permit shall run with the land or shall be personal. (2) The Comprehensive Plan designates this area as "Downtown Master Plan" and it is located within the "Downtown and Waterfront Activity Center." (3) The Edmonds Community Development Code allows for auctions as a primary use in the Community Business (BC) zone, but only if a Conditional Use Permit is first approved. (4) The auction use is proposed inside the existing building. (5) The site plan shows that there is ample off-street parking available, and no further parking would be required by code. (6) The applicant states that the proposed auction use would take up approximately 12% of the interior of the building (Attachment 3). (7) The applicant states that the proposed auction would be held 3-4 times per month, for a duration of 4-5 hours each (Attachment 3). (8) The applicant states that these auctions would be held sometime between 10:00 am and 6:00 pm, during regular business hours (Attachment 3). (9) The applicant states that the area used for auctions would revert back to retail use when the auction is not taking place, which would be the majority of the time (Attachments 3 and 4). StaffReport_CU-07-49.doc / August 9, 2007 Sunset Galleries: Auction Use File No. CU -0749 Page 5 of 8 (10) The applicant states that the auction inventory would consist of furnishings and collectibles; there would be no sale of automobiles, chemicals, or industrial items — or anything that would be detrimental to public health, safety, or welfare (Attachment 3). (11)The applicant states that each auction would be attended by approximately 40 people (Attachments 3 and 4). (12)The applicant states that there has been an auction use going on here since 1994, and that because there are approximately 172 parking spaces onsite, there has never been a need for additional parking (Attachment 3). b) Conclusions: (1) See Section II.C. of this report for a discussion on consistency with the Comprehensive Plan for the City of Edmonds. (2) See Section II.B.1-4 of this report for a discussion on consistency with the criteria given in the Zoning Code of the City of Edmonds. If the proposed Conditional Use Permit is approved, the auction use will be consistent with the Zoning Ordinance. (3) As proposed, the auction use will take place entirely within the existing building and for a limited duration, so the use will not be detrimental to the neighborhood. (4) Staff sees no reason why the permit should be not be transferable. 3. ECDC § 17.50: Parking. a) Facts: (1) This site is located in the "Downtown Business Area," which is defined in ECDC 17.50.070.13 as "... all land zoned BC or CW and located in the area east of Puget Sound, south of Edmonds Street, west of Seventh Avenue, and north of Pine Street. " (2) ECDC 17.50.010.C.2 states "All existing and new uses in existing buildings are considered to comply with the parking requirements set forth in this chapter of the code. " (3) The existing site plan (Attachment 5) shows that there are approximately 172 existing parking spaces on this property, which serves all of the businesses on this site. (4) The proposal will not add or remove any parking spaces. b) Conclusion: The commercial use proposed in this building is considered to comply with the parking requirements set forth in chapter 17.50. 4. ECDC § 20.15A: Environmental Review a) Fact: The applications for a Business License and Conditional Use Permit do not require SEPA review. b) Conclusion: The applicant and the City have complied with the requirements of ECDC 20.15A. 5. ECDC § 23.40: Critical Areas a) Fact: The applicant is not proposing to change anything on the exterior of business and therefore this action is not subject to Critical Areas chapter review. b) Conclusion: The applicant and the City have complied with the requirements of ECDC § 23.40, StaffReport_CU-07-49.doc 1 August 9, 2007 Sunset Galleries: Auction Use File No. CU -07-49 Page 6 of 8 C. Edmonds Comprehensive Pian Compliance 1. Land Use a) Facts: (1) The Comprehensive Plan designates the subject property "Downtown Master Plan" and it is located within the "Downtown and Waterfront Activity Center." (2) The City of Edmonds Comprehensive Plan has a vision for this area, and to achieve this vision, one of the goals for the Downtown Waterfront Activity Center related to this proposal includes: "Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region" (2006 Comprehensive Plan, page 26). b) Conclusion: The proposed use is located in a commercial area on the Comprehensive Plan. The proposed auction use is a compatible land use given that Comprehensive Plan designation. D. Technical Committee The proposed Conditional Use Permit has been reviewed and evaluated by the City's Fire Department, Engineering Division, Parks and Recreation Department, and the Public Works Department. No comments were received. E. Public Comments: Letters Received As of this date, the City has received two public continent letters (Attachments 7 and 8). William Brougher is in favor of the proposal. He says that he does not see any harm in granting such a request and alleges that if the permit was denied, then it would be driving approximately 100 businesses out of business. He feels that this use would benefit the elderly community, too (Attachment 7). Alice Rundle is in favor of the proposal. She says that everyone benefits from this type of business, and feels that it helps our local economy, She also urges the City not to drive anyone out of business (Attachment 8). Rem• The City would not be "driving" anyone out of business, because in order to legally operate, the business must comply with the zoning ordinance and have an approved City of Edmonds business license. The business license review process is an excellent way to confirm if a proposed business complies with the zoning ordinance. Mr. Sutlovich revised his original business license application so that he will do "silent auctions "for now. A retail antiques dealer is permitted, but the intensive use of holding an auction first requires an approved Conditional Use Permit in the Community Business (BC) zone, pursuant to Edmonds Community Development Code chapter 16.50.010. C.5. Pursuant to chapter 4.72.020, "It shall be unlawful for any person to operate, engage in or practice any business in the city of Edmonds without first having obtained a business license from the city. " StaffReport_CU-07-49.doc / August 9, 2007 Sunset Galleries: Auction Use File No. CU -0749 Page 7 of 8 III. RECONSIDERATION AND APPEALS The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. Request for Reconsideration Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings. and/or the criteria contained in the ordinances governing the type of application being reviewed. B. Appeals of Conditional Use Permits Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within fourteen (14) calendar days after the date of the decision being appealed. C. Time Limits for Reconsideration and Appeals The time limits for Reconsiderations and Appeals run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. IV. NOTICE TO THE COUNTY ASSESSOR The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessor's Office. V. LAPSE OF APPROVAL FOR THE CONDITIONAL USE PERMIT Section 20,05.020.0 states 'Unless the owner obtains a building permit, or if no building is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void,.unless the owner files an application for an extension of the time before the expiration date.' Stafftport_CU-07-49.doc /August 9, 2007 VI. ATTACHMENTS 1. Land Use Application. 2. Vicinity Map. 3, Criteria Statement. 4. Business License Application. 5. Site Plan. 6. Affidavits of Posting & Mailing. 7. Letter: William Brougher (received 7/26107). 8. Letter: Alice Rundle (received 8/6/07). VII. PARTIES OF RECORD Rudy Steve Sutlovich Sunset Galleries 190 Sunset Avenue South Edmonds WA 98020 William Brougher 8502 Main Street #E-103 Edmonds WA 98026 Albert Dykes — ESC Associates Managing General Partner 2850 SW Yancy Street #M22I Seattle WA 98126 Alice Rundle 22043 99h Place West Edmonds WA 98020 Sunset Galleries: Auction Use File No. CU -07-49 Page 8 of 8 Planning Division Clerk's Office StaffReport_CU-07-49,dor / August 9, 2007 city of edmonds land use application - Q ARCHITECTURAL DESIGN REVIEW ❑ COMPREHENSIVE PLAN AMENDMENT 7— QCONDITIONALUSE PERMIT r`4 ZONEQ HOME OCCUPATION �RECD BY ❑ FORMALSUBDIV[SION RECEIPT❑ SHORT SUBDIVISION LOT LINE ADJUSTMENT HEARING DATE AE�IgIAS�' I �3'YDO�" ❑ PLANNED RESIDENTIAL DEVELOPMENT Q OFFICIAL STREET MAP AMENDMENT I,�HE ❑ STA.FF ❑ PB Q ADB ❑ CC ❑ STREET VACATION ❑ REZONE kCEIVED ❑ SHORELINEPERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION JUN _ H 2007 Q OTHER: �rrP RMIT COUNTER PROPERTY ADDRESS OR LOCATION $ f't Q i V S L, '+ A Vc- o PROJECT NAME (IF APPLICABLE) t nn Y 1Y 5 PROPERTY OWNER } ` S 55C Ao,2C HONE # a G q I S - 0� 6 ADDRESS 195-6 �] W Y"1 11 C;Z 5 t # Jua I SccLh P W A 9 1), G E-MAIL ADDRESSQt �C�' Y r�G'tN> - G�n r�KGSLGEtiM ^ FAX # �q�- q ui' 16? TAXACCOUNT#� T'01-tO Z} St%D _SEC. �- �r TWP. }} II _RNG. DESCRIPTION OF PROJECT OR PROPOSED USB ti{ C rq �� r j,! G j hq To H i,I APPLICANTR�AAy S tf-ye-- S (A 1 i );/ i o t, PHONE #f 4 L5 774 - 0/6 6 ADDRESS I S L, v1 Se +- AVe- S Fd y^!f trJY1dS, lel/ G e_0 e20 E-MAIL ADDRESS SL,"SCi(;Wt-,+[1 kleDA r)Q-(0r"l FAX# Oaf-7716--G7f/- CONTACTPERSONIAGENT R�JV St' Ve- Ste") IUV) C- L\ PHONE#4� - -+ i �-(-j ri�, ADDRESS L CIO S Vt rl S J 1\ e- S c LA 1 01'1. d S, u/ 'I -eO)- Q E-MAIL ADDRESS S11 v15e1 �+vt �firo �Q Y� t7d , co wA FAX # 7 7 6 ('71 b The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this applica 'on on the2behalofthe owner as listed below. SIGNATUREOFAPPLICANT/AGENT ^ DATE G-3 ^0Property Owner's Authorization By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this application. nth' SIGNATURE OF OWNER doa. " oAcat� DATE This applicaion form was revised on 1/27/00. To verify whether it is still cuaent, call (425) 771-0220. SaYy' "AA DYIGe6' - MAOOL t.v1 (GexieN-at Par���i1r Attachment 1 Lana. Use Application L:IL)SRARYSPLANNTNGIForms & HandoulsTublic HandoulsTand Use Application.doc " Sunset Galleries Auction w Conditional Use Permit File Number CU -2007-49 s 190 Sunset Ave S (BC Zone) 7 d- w C) > r- P Q z W N z 0 QST UyOf FDAf0 N Attachment 2 Vicinity Map 0 100 200 Feet 1890 • 1 I F I TO: Gina Coccia FROM: Steve Sutlovich DATE: 06-04-07 RE: Business license application for Sunset Galleries This letter provides details required by the city for my business license application detailing my purposed auction business. The auction business will be operated as a sub -tenant of the Water Front Antique Mall in Edmonds, located in a former Safeway building which has a primary use as an antique store, and address is 190 Sunset Ave S_ The proposed auction will be a secondary use of the building using approximately 12% of the interior. 1 will offer 3 - 4 auctions per month lasting 4 - 5 hours each. These will be held during regular business hours sometime between 10:00 am - 6:00 pm. Therefore, the auction hours will be about 20 hours per month. The rest of the month, the area used for auctions reverts back to retail use_ The inventory we will offer is consistent and similar to local antique dealers and includes furnishings and collectibles. There will be no automobiles, chemicals, or industrial items sold that would be detrimental to public health, safety, or welfare_ Each auction will be attended by an average of 40 people. The strip mall we are located at has approximately 172 parking places including designated disabled parking. Parking on city streets is never expected to occur, nor has on street parking ever been needed during my previous employment with Waterfront Antiquities Ltd. which operated an auction at the same location from 1994 - 2000. Thanks for your review Steve Sutlovich Attachment 3 Criteria Statement CITY OF EDM6WS BLDG ECOBUSINESS LICENSE APPLICATION— COMMERCIAL FIRE BBv FIRE FEE: $65 MAYOR CITY CLERK'S OFFICE, BUSINESS LICENSE DIVISION PLAN 121 5T" AVENUE NORTH, EDMONDS, WA 98020 PHONE: 425.775.2525 POLICE UTIL BILI~ OFFICE. USE ONLY Customer# S 00 20 / Year oab C ass SH Date Pad a� TR # 7� Fee Paid �S, o0 Mailed Delete INSTRUCTIONS: Please complete the application in full and attach the required floor plan. Middle initial or name required of all parties concerned. If no middle name, please indicate by writing NMN. Sign and return application with tee. Please advise of any change in status. Ne license required if business changes location or ownership. Notification to City of Edmonds required if business closes. 6-"_ z�_) O --2. BUSINESS NAME Sl: 6-'&11) -f V- j BUSINESS ADDRESS 4 -ScAy,5Cf A\/---- 0140 Street Suite No. Zip Code J MAILING ADDRESS ft. S W r10 4 �` J VI 0,2 - street or PO nox 7W Suite No, City, State and p Code - 7 - BUSINESS PHONE NO_ (41s7--) " 6- 7,7�✓_ WA STATE TAX ID NO. (UBI NO.) }0 U ! 3 BUSINESS E-MAIL .�L 4 SC c1l„ t 1 1ln rl ��. O ir'i BUSINESS WEBSITE _� fi �Zl �'i �C��� O'1 • (2� PROPERTY OWNER Q� ) GLI �" "D Name I Phone Number EMERGENCY NOTIFICATION (For Premise Access in Emergency): Last Name First Namet MI Phone No. Last Name First Naive Mi Phone No. NATURE OF BUSINESS 1 NUMBER OF EMPLOYEES A SQUARE FOOTAGE OF BUSINESS SPACE TYPE OF BUSINESS -. PLEASE CHECK THE APPROPRIATE CATEGORY: ❑ CONSTRUCTION 0 FINANCE, INSURANCE, REAL ESTATE Cl LANDSCAPE, HORTICULTURAL © MANUFACTURING ❑ NON-PROFIT RETAIL )gk�ECONDHAND DEALER O SERVICES 173 WHOLESALE O OTHER AMUSEMENT DEVICES ON PREMISES? CI YES X\NO IF YES, TOTAL NUMBER LIQUOR SOLD ON PREMISES?: CIYES �kNO GAMBLING? U YE~S �t0 CIGARETTES SOLD ON PREMISES? OYES ANO FLAMMABLE OR HAZARDOUS MATERIALS USED OR STORED?: )(YES ❑ NO IF YES, PLEASE PROVIDE LIST OF MATERIALS AND QUANTITIES: l PROPOSED OPENING DAY OF BUSINESS jG_t)1-2- BUSINESS HOURS Q — 6 J`i')4- �'- J �4 DAYS OPEN SUNDAY X.MONDAY --'T"jUESDAY WEDNESDAY THURSDAY XFRIDAY ,SATURDAY _ PARKING SPACES ON SITE: TOTAL ACCESSIBLE FOR PERSONS WITH DISABILITIES DOES THE BUSINESS CONTAIN AN ENTRANCE ACCESSIBLE TO PERSONS WITH DISABILITIES? Attachment 4 PREVIOUS BUSINESS USE AT THIS ADDRESS ,il ` ..Business License Application SOLE PROPRIETORSHIP Y i NAME (A fl (2 V 1 C 12 Last/j -- First MI ADDRESs 4� E o' L- Sr 5 i✓ K f04 L q i woac I v16 Yo y Street Apt. No., Unit No. City. State and ��Zip ��Code f J� HOME PHONE NO. ?) ) C � p aOL NO. (DRIVERS LICENSE NO.) OR OTHER ID NO. S CA LOE, I E 3 L r V DATE OF BIRTH 3-I "G CITY AND STATE OF BIRTH i`' { , {•� COUNTRY OF BIRTH PARTNERSHIP -PARTNER 1 NAME Last First MI ADDRESS Street Apt. No., Unit No. City, State and Zip Code HOME PHONE NO.( DOL NO. (DRIVERS LICENSE NO.) OR OTHER ID NO. DATE OF BIRTH CITY AND STATE OF BIRTH COUNTRY OF BERTH PARTNERSHIP - PARTNER 2 NAME Last First MI ADDRESS Street Apt. No., Unit No. City, State and Zip Code HOME PHONE NOJ DOL NO. (DRIVERS LICENSE NO.) OR OTHER ID NO. DATE OF BIRTH CITY AND STATE OF BIRTH COUNTRY OF BIRTH NAME OF CORPORATION CORP. ADDRESS Street CORPORATE OFFICERS: Last Name CORPORATION FEDERAL TAX ID Suite, Apt_ Unit No. City, State and zip Code First Name MI Title Date of Birth PHONE NO.( ) i DOL No. (Drivers License No.) or Other ID No. LOCAL CONTACT —_) Last Name First Name MI Title Phone No. DOL No. (Drivers Lic. No.) or Other 1D No. APPLICANT Name – Printed Signature Title Date CITY USE ONLY: PLANNING DEPT_ APPROVE ❑ DISAPPROVE DATE NATURE • ZONING CODE ! CONDITIONAL USE PERMI AJ V P ' q _(, "ln Q L4 L � 1 & cuf? COMMENTS y y, V1 ` �h ` Vii 1 LU6 � 4 1C/V 111 u.il� J _ p� (AAP, a P�vt � BUILDING DEPT. APPROVE �,4 Z/ OCCUPANT LOAD CI DISAPPROVE DATE SIGNATURE j, BUILDING PERMIT [ OCCUPANCY GROUP COMMENTS FIRE DEPT. �PPROVE O DISAPPROVE DATE r ^ SIGNATURES– U.F.I.R. COMMENTS POLICE DEPT. ),APPROVE 0 DISAPPROVE DATE �S�IGNATU ��� COMMENTS S 1 XI F1,4- so. N` D j rii J- A v z � 7 � V -57 4D I r w c -IPA, 'Q , wy 4 q � } S 1 XI F1,4- so. N` D j rii J- A v z � 7 � V -57 4D I r -IPA, 'Q , wy 4 -57 4D r -IPA, 'Q , wy 4 0 / 1 -�U 6 f� V i• f. -ter" l - 1 w � � a s � FILE NO.: CU -07-49 APPLICANT: SUTLOVICH NOTICE OF APPLICATION & HEARING AFFIDAVIT OF POSTING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Gina Coccia, first duly sworn, on oath, depose and say: That on the 17th day of July 2007, the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Civic Center and the Library, and where applicable on or near the subject property. • -• /1111 � t9 1 Subscribed and sworn to before me this day of .-- c Nota u Gc in and fo a State of Washington. Residing at1 UV`r7 Attachment 6 Affidavits of Posting & Mailing FILE NO.: CU -07-49 APPLICANT: SUTLOVICH NOTICE OF APPLICATION & HEARING AFFIDAVIT OF MAILING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) 1, Diane M. Cunningham, first duly sworn, on oath, depose and say: That on the 17th day of July 2007, the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed -1.00W Subscribed and sworn to before me this �_ day of r n _ N li in and #ort tate of Washington. ' ,a� Residing at Lai Zj 4L File # CU -2007-49 Attn : Gina Cocia City of Edmonds Development Services Dept. Dear Gina, I see no harm in granting R Steve Sutlovich a Conditional Use Permit to operate an antique and collectible auction house at the Waterfront Antique Mall on Sunset Aveneue South, Edmonds. It fits in with what Edmonds is all about. It produces sales tax revenue for the City. The site already is zoned Community Business. Antiquing is a big part of our community. The Mall at Westgate has closed. The Mall at Burlington Coat on S.R99 is being looked at as we speak for redevelopment which will eliminate that mall. Is the City in that good of financial shape that we can drive out revenue generating operations ? I think not. I believe that you should ask the Mayor that question too as you and your department ponder it. All I ever hear of is budget shortfalls. Plus , this is a short term operation at this location. As you know, that site is being reviewed by the City, the Port of Edmonds , owners, and developers for a completely new development, more likely within the next 5-10 years. That building will be tarn down and replaced with what the Owners can get per zoning requirements. It will be a mixed use site without an antique business there. You can count on that. I would guess that these Owners will also try to rezone this area to get what they need to develop this site if there is a zoning issue at that time. If you deny this permit, you will be driving not only Mr. Sutlovich out of business, but also the approximately 100 antiquing businesses within that building. These 100 businesses need a source for buying items to put into their spaces and also for selling items that don't sell easily in their spaces. Plus, the majority of these businesses are run by retirees to supplement their income and also to give them something constructive to do in life. They need to exercise their brains too and this is a way to do it. You may already know of a person with alzheimers disease and how bad it can get if you don't exercise your brain early on after age 55. We need less nursing homes in Edmonds and more businesses which produce revenues. Lets grant the Permit ! Yours truly, , William Brougher / !/ 8502 Main St., #E-103 Edmonds, WA 98026 Attachment 7 Public Comment Letter: William Brougher File #CU -2007-49 Attn: Gina Cocia City of Edmonds Development Services Dept. Dear Gina: AUG 0 20OZ ._.Y I. am in support of granting R. Steve Sutlovich a conditional use permit to operate an antique and collectible auction house at the Waterfront Antique Mall on Sunset Avenue South, Edmonds. The auction use in this facility is not new to Edmonds. Prior owners, Jack Mayo and Jim Anders, pioneered this some 15 plus years ago. Its location4is primary to facilitate purchasing merchandise for dealers within the mall and supplying collectors of interesting items at a reasonable price. It is a "recycling" of material and money within our city. Everyone benefits from this business. At this time, the site is being considered for new development which means a short term operation of this business at this location. This site is not in conflict with other establishments as ready parking is available, and location is not in the center of town. The antique business in Edmonds is shrinking at a fast rate due to the closure of Old Mill Town Antiques and the Times Square Antique Mall this past year. Business is needed here in Edmonds to help our economy. Let's not drive more businesses and private ownership out of our city. You may contact me for additional information if needed. Sincerely, zp�� 1"� Alice undle 22043 99 Place West Edmonds, WA. 98020 425-776-8955 alicerundlc@cmc.net. Attachment S Public Comment Letter. Alice Rundle