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StaffReport+Attachments_CU-2007-73.pdf-(I, C, 1 S C) \,) CITY OF EDMONDS 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - FAX (425) 771-0221 DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering GARY HAAKENSON MAYOR PLANNING DIVISION REPORT& RECOMMENDATION TO THE HEARING' EXAMINER Project: Ben Cain & Associates — Professional Office Use File Number: CU -2007-73 Date of Report: November 6, 2.007 Planner: Gina Coccia Public Hearing: November 15, 2007 at 3:00 P.M, Edmonds Public Safety Complex: Council Chambers 250 5"' Avenue North, Edmonds WA 98020 I. SUMMARY OF PROPOSED ACTION: Benjamin Cain has applied to have a professional office use (for financial planners, specifically for the business "Ben Cain and Associates") at the property located at 21214 82nd p IaC e West ill the Multiple Residential (RM -2.4) zone. He has stated that his goal is to move into the building by December I st, however for this to happen, the Conditional Use Permit will need to be approved and the Applicant will also need to have a Change of Use building permit approved, which is required because the use of the structure would change from a single-family residence to a'commercial office, 'rhe Applicant states that this is a low profile business, and that presently, lie is the only planner but he has two full-time employees who are support staff. 'Fhe instant proposal is for land use only — several items will be reviewed later with the building permit application, including the site plan (which will include parking lot layout) and the landscape plan (for tree removal and perimeter landscaping). At the pre -application meeting, the Applicant was informed that providing sufficient onsite parking would be ,in issue for three reasons. One, because five on-site parking spaces will be required due to the size of the office. 'I'wo, because there is a large mature fir tree in the middle of the yard, which unfortunately will likely need to be removed in order to provide the required parking. And three, because no parking is permitted within the street setback in the Multiple Residential zone. Because the Applicant is still working oil the parking lot layout, and because a landscape plan will be submitted with the building permit, both elements will be reviewed for consistency with the Edmonds Community Development Code (ECDC) with the building permit application, 'file following is staff's analysis of the project. Page / qJ'6 lrw,orporateclAugust 11, 1,890 Sister City -- Hekinan, Japan Ben Cain & Associates Professional Office Pile Number: CU -2007-73 II. GENERAL INFORMATION: 1 Owners: Benjamin T. Cain & Barbara J. Cain (Attachment 1). 1 Applicant: Benjamin T. Cain representing Ben Cain & Associates, Inc. / Tax Parcel Number: 00467400000500. 1 Location: 21214 82" Place West, Edmonds. / Zoning: Multiple Residential (RM -2.4). / Square Footage / Aereaae: 0.22 Acres, 1 Proposed Use: Professional Office (Attachment 4). / Existing Use: Single -story single-family home built in 1955 according to the Snohomish County Assessor's website (Attachment 8). III. HISTORY I BACKGROUND: The application was submitted on August 31, 2007 and was determined to be "complete" on September 26, 2007 (Attachment 10). IV. SEPA THRESHOLD DETERMINATION: The application for a Conditional Use Permit does not require SETA review. Therefore, the Applicant and the City have complied with the requirements of ECDC 20.15.A. A "Notice of Application and Hearing" was published in the Flerald Newspaper, posted at the subject site, as well as the Public Safety Complex, Community Development Department, and at the Library on October 10, 2007. This notice was also mailed to residents within 300 feet of the site on October 10, 2007. The City has complied with the noticing provisions of ECDC 20.91 (Public Hearings and Notice). An Affidavit of Publication (Attachment 11), an Affidavit of Mailing, and an Affidavit of Posting (Attachment 12) are included as attachments to this report. VI. TECHNICAL COMMITTEE: This application was reviewed and evaluated by the City's Fire Department, Engineering Division, Parks and Recreation Department, and the Public Works Department. The Engineering Program Manager has requested that the Applicant turn in a Traffic Impact Analysis (TIA) so that the required impact fee can be determined. To date, no TIA has been submitted (Attachment 9). A TIA is a submittal requirement for a Change of Use building permit. VII. NATURAL ENVIRONMENT: 1 Topo2raphy: The City's LiDAR data shows that the site is relatively flat, with a slight incline along the eastern portion of the site where the driveway is currently located. This slope is approximately 12 percent slope at the very most (Attachment 3). / Soils: According to the Soil Survey of Snohomish County Area, Washington, this site consists of "Alderwood--Urban land complex, 2 to 8 percent slopes" (Map Unit Symbol 5). Page 2 of 6 Ben Cain & Associates Professional Office File Nurriber: CU -2007-73 Critical Areas: The Applicant is not proposing to change anything on the exterior of the building at this time, so this action is not subject to Critical Areas chapter review. Later, with the building permit application (which will include paving a portion of the property for parking), a Critical Areas Checklist will be a submittal requirement to formally determine if there are any critical areas on or adjacent to the property. The Applicant and the City have complied with the requirements of ECDC 23.40, Wildlife: Typical of an urban/residential environment (occasional songbirds and squirrels are assumed, however none were observed during the site visit). Vegetation: Typical of a single-family residence, If the commercial land use is approved, then the Applicant will apply for a Change of Use building permit. With this building permit, a landscaping plan will be required to ensure that the project complies with ECDC 20,13 (Landscaping). There is a large mature fir tree that is inconveniently located in the middle of the front yard (ftiture parking lot area), along with a smaller apple tree (Attachment 8, photos B, D, and E). The Applicant has requested removal of this tree (Attachment 7); however both staff and the Applicant would appreciate every attempt made at saving the tree. Later, with the building permit application, the Applicant will submit a parking lot plan (as part of the site plan) and a landscaping plan that will need to demonstrate that the parking, and landscaping requirements have been met. VIII. NEIGHBORHOOD CHARACTERISTICS: This site is located in a neighborhood that is commonly referred to as "Five Comers." The subject site is bordered by 82` d Place West along the east property line, and it is just one parcel south of 212'h Street SW. The adjacent zoning designations are as follows: Neighborhood Business (BN) to the north and west, Multiple Residential (R.M-2.4) to the south and also across the street to the east. "chis neighborhood contains a mixture of commercial and multi -family land uses. Further to the south, the neighborhood is developed with single-family houses. Professional offices are common in the RM -2.4 zone: (with approve conditional use permits), and many properties in this neighborhood have obtained conditional use permits for a professional offices use. IN. COMPREHENSIVE PLAN: The Comprehensive Plan designation for this site is "Multi - Family -- Medium Density. " It is adjacent to, but not located within, the "Five Corners" overlay. The City of Edmonds Comprehensive Plan has a vision for commercial development, and to achieve this vision the applicable excerpts are shown below: 13.4. The design and location q1'all commercial sites should providefior convenient and safe accessfior the customers, employees and suppliers, B. 5. All commercial developments should be cart ,fully located and designed to eliminate or minimize the adverse impacts fheavy Iraf .fic volume and other related problems on surrounding land uses. (2006 Comprehensive Plan, page 56) Page 3 (if 6 Ben Cain & Associates Professional Office File Number: CU -2007-73 212"' Street SW is considered a "Minor Arterial" and is a relatively busy street in Edmonds. 82`1 Place West, in contrast, is considered a "Local Street." The access for the business will remain off of 82`1 Place West. A Traffic Impact Analysis will be required with the building permit application (Attachment 9). The proposed office use is relatively small due to proposed number of employees and the size of the existing structure (Attachments 5 and 6). The proposed professional office use is a compatible land use given this (and taking into consideration the adjacent) Comprehensive Plan designation. X. PUBLIC CONCERNS: To date, no public comments have been received, XL APPLICABLE CODES: 1 ECDC 16.30 RM—Multi le Residential Compliance with ECDC 20.05 is required to allow the establishment of a professional office in the Multiple Residential zone, pursuant to ECDC 16.30.010.0.1. The Applicant has applied for a Conditional Use Permit to locate a professional office in the Multiple Residential Zone. If approved, this land use would be consistent with ECDC 16.30. As stated in ECDC 16.30.000.13, one purpose of the RM zone is, "To provide.for those additional arses which compliment and are compatible with multiple residential arses. " At this time, the Applicant has not proposed any changes to the site that would require review for compliance with the development standards found in ECDC 16.30.030.A (Development Standards) such as height, setbacks, or lot coverage. ECDC 16.30.030.0 (Location of Parking) states, "No parking spaces may be located within the street setback. " The site plan (Attachment 5) shows that some parking is provided within the 15 -foot street setback, however it cannot be counted towards the required parking. The Applicant will need to demonstrate that sufficient parking is provided with the building permit application. ► ECDC 17.50 (Off Street Parkin--Re--ulatiotts) ECDC 17.50.020.13.5 requires business and professional offices with on-site customer service to provide parking at a rate of one space per 400 square feet (of gross budding square footage). The site plan indicates that there is approximately 1,575 square feet of house (to be office) + 1,000 square feet of garage area (that the Applicant intends to use for storage with no customer service). This proposal requires 5 parking spaces (see table below for calculation). Business Use ECDC Area Parking Ratio —Spaces Required Professional Office 17.50.020.B.5 1,575 11400 3.9375 Stora e, No Customers 17.50.020.B.6 1,000 11800 1.25 Total Partng Required 5(5.1875) The Applicant will need to demonstrate with the building permit application that it complies with ECDC 17.50.020.B.5. 1 ECDC20.13 (Eandscaping2 ECDC 20.13 contains the requirements for landscaping. The instant proposal is for a professional office use in a multiple residential zone, which does not require landscaping review at this time. The landscaping review will need to be deferred to the building permit review (change of use permit) when the site plan containing the parking lot layout is submitted. The Applicant has stated that he is still working on trying to add the required parking spaces with minimal disruption to the existing landscaping (specifically, the large mature fir tree in the front yard). Page 4 of 6 Ben Cain & Associates Professional Office File Number: CU -2007-73 1 ECDC20.05 Conditional Use Permits ECDC 20.05.010 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 of the findings in this section can be made. " The findings are as follows: A. That the proposed use is consistent with the Comprehensive Plan. B. That the proposed use, and its location, is consistent with the purposes of the zoning ordinance and the pu7poses of the zone district in which the use is to be located, and that the proposed use will meet all applicable requirements of the zoning ordinance. C. That the use, as approved or conditionally approver, will not be significantly detrimental to the public health, safety and ivelfare, and to nearby, private property or improvements unless the use is a public necessity. D. The hearing examiner shall determine whether the conditional use permit shall run with the land or shall be personal. If it rams with the land and the hearing examiner- finds it in the public interest, the hearing examiner may require that it be recorded in the, form of a covenant with the Snohomish County auditor. The hearing examiner may also determine whether the conditional use permit may or may not be used by a subsequent user of the same property. The Comprehensive Plan designates this area as "Multi --Family -- Medium Density. " The Edmonds Community Development Code allows for professional offices as a primary use in the Multiple Residential (RM) zone, but only if a Conditional Use Permit is first approved. The Applicant has submitted a Criteria Statement (Attachment 4) and staff generally agrees with Applicant's arguments. No changes to the building facade are proposed, so it will still look and feel like a single-family residence (until the parking lot and landscaping is installed). No signage is proposed with the Conditional Use Permit. If the Applicant would like to install signage, a building permit is required, as well as compliance with ECDC 20.60 (Signs). There are many professional offices located in the vicinity that have been approved with a Conditional Use Permit, XII. CONCLUSIONS: / See Section IX of this report for a discussion on consistency with the Comprehensive Plan for the City of Edmonds. / See Section XI of this report for a discussion on consistency with the criteria given the Zoning Code of the City of Edmonds. If the proposed Conditional Use Permit is approved, then the professional office use will be consistent with the Zoning Ordinance. An approved change of use building permit will be required in order to operate a professional office business in a structure that was last used as a single-family residence. 1 Parking, at a rate of live spaces, will be required to be provided on site due to the size of the building and the uses proposed (professional office and storage). / Staff would appreciate that the Applicant make every effort to keep the large mature fir tree while at the same time satisfying the parking requirements found in ECDC 17.50. Staff is confident that five parking spaces can be located on-site while also remaining out of the 15 -foot street setback. 1 As proposed, the professional office does not appear to be detrimental to the neighborhood. 1 Planning staff sees no reason why this permit should not be transferable. An approved business license is required for all businesses located in the City of Edmonds. Page 5 of 6 Ben Cain & Associates Professional Office File Number: CU -2007-73 XIII. RECOMMENDATIONS: Based on the analysis and attachments to this report, staff recommends APPROVAL of the Conditional Use Permit for the proposed professional office use with the following conditions: 1. With the building permit application, the Applicant shall demonstrate that sufficient parking (five spaces) is provided, pursuant to ECDC 17.50. 2. With the building permit application, the Applicant shall submit a Landscape Plan in accordance with ECDC 20.13 (Landscaping). 3. The Applicant shall make an effort to keep the existing large mature fir tree while also satisfying the parking requirements in ECDC 17.50. However, if in the end the tree needs to be removed, the Applicant shall increase the perimeter landscaping plantings required by ECDC 20.13. 4. The Applicant shall turn in a Traffic hnpact Analysis (TIA) with the building permit application. 5. The Applicant shall apply for and obtain a City of Edmonds business license for the proposed financial planning business. 6. The permit shall be transferable. 7. This application is subject to the applicable requirements contained in the Edmonds Community Development Code (ECDC) and it is the responsibility of the Applicant to ensure compliance with the various provisions contained in these ordinances. XIV. PARTIES OF RECORD: Benjamin & Barbara Cain Planning Division 15825 Village Green Drive ## 13 Engineering Division Mill Creels, WA 98012 XV. ATTACHMENTS: 1. Land Use Application 2. Vicinity Map 3. LiDAR 1 Aerial Photo Map 4. Criteria Statement 5. Site Plan 6. Floor Plan 7. Tree Removal Letter 8. Photographs (by Applicant) 9. Engineering Division Memo 10. Notice of Application and Hearing 11. Affidavit of Publication in the Herald 12. Affidavit of Mailing and Posting Page 6 of 6 city of edmonds land use application O ARCHITECTURAL DESIGN REVIEW FOlt 017PICIAL USE ONLY © COMPREHENSIVE PLAN AMENDMENT C ONDITIONALCISE PERMIT FILE ° O �j ZONE tF--fn — a' ° J_ Cl I I ONI F OCCUPATI ON DATE QB 34 i]} REC'r.)BY (K- C) I'OR�',FALSUBDIVISION Ci SHORTSUBDIVISION FEE 1?>010o RECEIPT# Cl LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED Rr~SIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT *HE CI STAFF © PB ❑ ADB Cl CC Cl STREET VACATION 0q REREZONE — Sw-\ Pos-3_ on ❑ SHORCLINC PERMIT ❑ VARIANCE /REASON; ABLFUSE ExCEPTION' ��r���rJ� ❑ OTHER: l 5 UA p PROPERTY ADDRESS OR LOCATION 21 Z 14- 91; f L W , acw2p SSS r WA q ZQ" PRO.) ECTNAME (IF APPLICABLE) -_ � f fk -- �t�s.iJ T* b pdt$An.A J. Gat y J PROPERTY OWNER PHONE ADDRESS r 4r t [s�A `( SO 11 E -MAIL -ADDRESS titer b gNT, �g �y�� cjo t'AX 7 TAX ACCOUNT # 0ga+(g!J4QQ00Q 5 Q Q SEC, TWP. RNG. DESCRIPTION OF PROJECT OR PROPOSED USE 41L pl—i ta1- hr��f t.rr-�"t (►t►4E i �'- 4 1 -"'mss �r1anF"��C 1 �.�.1..(� GF,_p-L��r�._._._._. APPLICANTPRONE # ADDRESS 15;f]-57 s • �+ c • %>��.r NL . --*i .3 � 801 E -MAH, ADDRESS ' y , i t : gF �l 1�.� . conn FAX # j • '11 c -- CON TAC:TPERsWAGEN'1T8�J�,rtc�»L �' Cf�l � PHONE# +1� 5- ADDRESS 15 SI' '--Sy l L-LJ�rgaa 61LC= .r .®A- '*r of E-MAIL ADDRESS A Ott lci 3_S iF� SA ��n,.,�.. c-t,FAx #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, hWherhts 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 fiile�this application on the behalf of the owner as listed below. SIGNATURE OF APPL1CAi IT/AGENT _- R a�j^_� DATE � o — C3 Property 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 ins ection and posting attendant to this application, OWNER SIGNATURE OF � �DATE This application form was revised on ll27100. To verify whether it is still current, call (425) 771-0220. L 1LIBRARYTLANNINGWornas Ba Handouts\Public Haudoulskr.and Use Application.doc I i Attachment 1 Bile No. CII -2007-73 215TH ST SW 11 IZMI* M K E UK N Ben Gain: Professional Office Attachment 2 vv E Conditional Use Permit Vicinily Map —< File Number CU -2007-73 0 100 200 Feet S 21'214 82nd Place West (RM-2.4Zcine) 7" 1 11 -qq,p,o FO a ,.rte 11 IZMI* M K E UK N Ben Gain: Professional Office Attachment 2 vv E Conditional Use Permit Vicinily Map —< File Number CU -2007-73 0 100 200 Feet S 21'214 82nd Place West (RM-2.4Zcine) 7" 1 11 August 30, 2007 Benjamin T. Cain Property: 21214 82nd Pl. West, Edmonds Tax Parcel #00467400000500 Subject: Supplement to application for conditional use permit dated August 30, 2007 Our intention is to use this property for a financial planner's office. I . We have been told that the proposed use is consistent with the Comprehensive Pian. 2. We have been told that the proposed use, and its location, are consistent with the purposes of the zone district in which the use is to be located, and that the proposed use will meet all applicable requirements of the zoning ordinance 3. We believe that the proposed use will not be detrimental to the public health, safety and welfare, or to nearby private property or improvements. Proposed Use I am the owner of Bcn Cain and Associates, Inc. This business is a financial planning firm presently located in Lynnwood. We intend to move this business to the proposed location. We are not a "retail" business. Presently I am the only planner and I have two full time employees who are support staff. We also have several part-time employees. We are a low profile business. We do no advertising or solicitation. I meet with one client at a time by appointment only. We do not generate any noise or pollution. I have talked personally with all of our immediate neighbors and they are all supportive of us and our proposed use of the property. We plan to have a prc-application meeting with the building department very soon so they can inform us what their occupancy requirements are. The only things we plan to do prior to our occupancy are install additional telephone lines and separate computer wiring to each room. Other than that we can move in and operate our business as is. After we have operated in the space for awhile we may do some "light" remodeling. This will be done later including submitting all plans to apply for proper permits. We do not anticipate any changes of the "footprint" of the building. The only part of the building that will be used for the operation of the business where clients will be meeting is in the house. The garage and the "shop" room connected to the garage will be used only for storage. We would like for this Conditional Use permit to be transferable. Sincerely, � Attachment 4 Jamin T Be T. Carl File No. M-2007-73 The following is my contact information: Business: Ben Cain 19707 64th Ave. W. Suite 101 Lynnwood, WA 98036 Phone: 425-774-8924 Fax: 425-771-7089 E-mail: ben. caii@kmsfiilancial.com Horne: Ben Cain 15825 Village Green. Drive Unit #13 Mill Creek, WA 98012 Phone: 425-379-6113 E-mail: bigbenl938@yahoo.com Z � o N �P o N Ob 4 O � V o r A O � f O iy� b' C06, 0 Attachment 5 N File No. CU -2007-73 d"" Attachment 6 File No. CU -2007-73 77- --4 rs Attachment 6 File No. CU -2007-73 C) c-" 6 _ l S l Z.00l t v"s - vel) 7 2007 N • S - �J �f . PLANNING DFRT 2P1 2 •� g P L-- �`� `4 �-�- • Attachment 7 Tile No. CU -200 7- 73 r %� «- h -i�.�f - ;;r. ...0 �- � '. �1�. i 214. �� i•� �tii N i 17 Lit \'moi' x• � �"'_`, ' �"�-x[ _. WMAIM, W-01 F+QZ 18 ex % R 5 vi Nk A � f lye LM \ y 594 t.(Si'' d Nk A � f lye • r,,Ay 9. r o- T � •F3�' �� 3 �� 3 Y MEMORANDUM Date: September 27, 2007 To: Gina Coccia, Planner From: Jeanie McConnell, Engineering Program Manager PLN20070073, Change of Use — Multi Fam Use to Commercial Subject: Use -- 21.214 82nd Pl W Engineering has reviewed the subject application and provides the following comments. Please provide a traffic impact analysis worksheet and determine impact fees based on Edmonds Community Development Code 18.82. Please refer to public handout #E82 Traffic Impact Analysis Requirements available on the City website at www.ci.edmonds.wa.us Thank you. City of Edmonds Attachment 9 Tile No. CU -2007-73 W 2 W •EO CQ CD X N W© Co o =O ..O � U o Oz {� 0 U CL Qp Q 4- 0 U O z M ti O E D � -j L% Ifile No. CU -2007-73 Z 7� Ln o O C o o a N a N A N o h s VCL :i ❑. O i V E U U 4.:. o Q .a c a vt L C Q Q 0 V Z Z V Z aIt (� C N Q C � N v --.� E 0 • a S V L W `oma CL a a a C s CL CL Cc Ix v 7j i + id '� W C ++ O C W G� O i' 3 v Ix 0r. �01 cxo 3o y :Ln U Cu 43 o� (D z o c d U >o O T`N Q .D O d o d a a� U� o n 3 3 c, c4 q 2 O o o ° � _ N N =a_o � N +-� t .a M N '' '16 O o E Cow LO 5z z a �b o ti O i� d • ' O N O 0o V y.aa O z a ,: aCL ca a� �0w �0 Z cQ ou CL_5 ao Q Attachment 10 Ifile No. CU -2007-73 STATE OF WASHINGTON COUNTY OF SNOHOMISH NOTICE OF DEUELO MENT APPLICFSrtOtd & IVOTIGE OF ...... IG f=XAMINEf{ Name of App€icani Ben Cain Project Number: CU -07-73 Project Location: 21214 82nd P#ace West Project Description: Applica- lion for a conditional use per- mit to have a proiessionaf of- fice tocafed in the Multiple Residential (RM -2-4) zone. Cify Conlacl: Gina Coccia, Planner Comments Due By: November 15, 2007 HEARN_G INFORMATION Date. Noverriher'15, 2007 Time: 3:00 p.m. Location: Council Chambers, Public Safely Complex 250 5th Ave. N. Edmonds Pub€ished: October 10, 2007. Affidavit of Publication S.S. The undersigned, being first duly sworn on oath deposes and says that slle is pl-iltcipal Clerk of T[IE I H,_ -RA LD, a daily newspaper priated and published in the City ol• 1,verett, County of Snohorrtish, aild Slate of Washington; chat said ,tewspaper is a nenspaper' of general circulation ill said County and State; that said newspaper has hCen approved as a legal newspaper by order of the Superior Court of Snohomish Coutlty and shat the ,lotice Notice of Developnletlt Application and Notice of Ileartng Exalniner ffcaring Bcn Caul, CU -07.73 a grin€cel copy of which is her-CLIW r atlac[lal, vas puhljs2led in said newspapci- propel- and trot in supplement form, in the regular and entire edition of said paper on the following days and Urocs, nalllcly: October- 10, 2007 and that sai:i newspaper was regularly distributed to its subscribers during all of said period. Pl-incipal Clerk RECEI,r �.�� Subscribed incl sworn to I�ei�lre me this _ i0th v day of October, 2007 UT 1220 T\ Notary flu b[i :iii"aridilor the State of Washington, residinat Shl%i��A�rr �J11U1 LI.J C'oualty.`� Account Name: City of tdmonds ACCOunP Number 1014t6 Order Na!mUerpOf115433.32 Attachment 11 File No. CU -2007-73 FILE NO.: CU -07-73 APPLICANT: CAIN NOTICE OF APPLICATION & HEARING AFFIDAVIT OF MAILING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Diane M. Cunningham, first duly sworn, on oath, depose and say: That on the 10th day of October 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 Subscribed and sworn to before me this day of - M: Nota ublfc in and for tbW State of Washington. Residing at 1 y Attachment 12 File No. CU -2007-73 FILE NO.: CU -07-73 APPLICANT: CAIN 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 10th day of October 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. Signed Subscribed and sworn to before me this - /0" day of �2C -0&/� �. N Public in and fort State of Washington. Residing at