Loading...
StaffReport-ExtensionCUP.pdfCITY OF EDMONDS 121 -- 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION EXTENSION REQUEST DECISION To: File #�C�,UPP--05-128 )From: 67 yV k Gina Coccia Planner Date: SEPTEMBER 27, 2007 File: CUP -05-128 Y. INTRODUCTION A. Application 1. Applicant: Kelsie Holt of "Ottimo Cafe" on behalf of Joe Byers and I. Chang (Attachment 1). 2. Site Location: 7601 Lake Ballinger Way "Ottimo Cafe." 3. Request: An extension of an approved Conditional Use Permit to allow a temporary espresso stand building in the Community Business (BC) zone. 4. Review Process: Extension of Time, Planning Staff makes final decision. 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05 (Conditional Use Permits). b. Compliance with Edmonds Community Development Code (ECDC) Chapter 2095 (Application and Staff Review). B. Description of Proposal The applicant has submitted an application and a letter requesting an extension to their Conditional Use Permit approval for one year. Approval for the Conditional Use Permit was issued on January 4, 2006 and was set to expire on January 4, 2007. C. Decision Based on statements of Fact, Conclusions and Attachments in this report, we APPROVE the extension request with the following conditions: 1. The extension will be valid until January 4, 2008. After this date, the temporary building use must cease. Please note that this is the only extension of time that will be permitted for this project. 2. 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. Extensionbecision_CU-05-128.doc /September 27, 2007 /Staff Report Ottimo Caf6 / Kelsie Holt and Joe Byers File No, CUP -05-128 Page 2 of 3 II. FINDINGS OF FACT AND CONCLUSIONS A. Facts: I . Ottimo Cafe received approval of file CUP -05-128 on January 4, 2006. This request was for a temporary drive-through espresso stand building in the Community Business (BC) zone. 2. Edmonds Community Development Code section 20.05.020.0 states that "Unless the owner obtains a building permit, or if no building permit 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." 3. No substantial changes have occurred in the neighborhood. 4. Temporary buildings do not require a building permit, therefore no building permit was applied for. 5. The extension request was filed on January 3, 2007, prior to the expiration date of the conditional use permit application (Attachments 1 and 2). b. The code allows for an extension of approval of conditional use permits. 7. The initial time frame for the conditional use permit is one-year, which is generally adequate time to file proper building permits. However, because a building permit is not required, the building must be removed when the Conditional Use Permit expires. B. Conclusions: 1. Staff has determined that this is a timely application. 2. No substantial changes have occurred in the neighborhood that would affect the outcome of a conditional use request. 3. The extension should be granted for an additional one-year period. 4. Therefore, the extension is valid until January 4, 2008. II. RECONSIDERATION AND APPEALS The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information and fees. A. Request for Reconsideration Section 20.95.050.B.2 allows for the staff to reconsider their decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision. The reconsideration request should cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B. Appeals Section 20.105.020.A & B describe how appeals of a staff 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 14 calendar days after the date of the decision being appealed. ExtensionDecision_CU-05-128.doc 1 September 27, 2007 I Staff Report Ottimo Cafe 1 Kelsie Holt and Joe Byers File No. CUP -05-128 Page 3 of 3 C. Time Limits for Reconsideration and Appeals The time limits for Reconsiderations and Appeals run concurrently. If a request for a 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. III. ATTACHMENTS 1. Land Use Application 2. Extension request IV. PARTIES OF RECORD Kelsie Holt Joe Byers I. Chang 641 NW 180' Street 3515 SE Camano Island Drive 7601 Lake Ballinger Way Shoreline WA 98177 Camano Island WA 98282 Edmonds WA 98026 Planning Division V. VICINITY / ZONING MAP ExtensionDecision_CU-05-128.doc / September 27, 2007 / Staff Report city of edmonds land use application Q ARCHITECTURAL DESIGN REVIEW Q COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PER -MIT FILE # L+u-n5't % ZONE �JCJ ❑ HOME OCCUPATION DATE, t DI RECD BY Q FORMAL SUBDIVISION 1 O SHORT SUBDIVISION FEE RECEIPT # © LOT LINE, ADJUSTMENT HEARING DATE © PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL. STREET MAP AMENDMENT Q FIE � STAFF ❑ P$ ❑ADB ❑ CC O STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT U VARIANC/ REASONABLE1JSE EXCEPTION p �g OTHER; ��q01 C- L) PROPERTY ADDRESS OR LOCATION v PROJECT NAME (IF APPLICABLE) f PROPERTY OWNER C yy PHO++,,' 13 # -5 I � _ O +' ADDRESS ("q) i jA) �" �✓� t1 E-MAIL ADDRESS f� 0) h,6 ! l 1 . FAX # L ! D JJ + 1 ~O TAX ACCOUNT # ♦ Pi� u ✓ FL445 I ` 1 - SEC. pp ?TwP. ? RNG. ? DESCRIPTIONOFPROJECT ORPROPOSED U E t/�/�� o LG b 0 A] r APPLICANT C D r PHONE # 1 k x) ADDRESS E-MAIL ADDRESS FAX# I CONTACT PERSON/AGENT V//�� � nPHONE # L006 16 1 Gl I ADDRESS E-MAIL ADDRESS �Nl 7 I FAX # D K✓ 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 application on the behalf of the owner as listed below. �!'Jd ` SIGNATURE OF APPLICANT/AGENT ls Ao IA DATE I 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 inspection andos ',rig attendant to this application. SIGNATURE OF OWNER DATE / This application form was revised on 1127/00. To verify whether it is still current, calf (425) 771-0220, Attachment 1 File No. CU -05-128 Extension of CUP L;ILIBRARYIPLANNING\Fnrms & Handcuts\Public Hondouts%and Uso Application.doc l� Qttio Caffe 7601 Lake Iafnger Way Edmonds, Washington 98177 Kelsie Holt 641 NW 180" Street Shoreline, WA 98177 (425)737-0946 April 13, 2007 Dear City of Edmonds Planning Department; The owners of Ottimo Caffe at 7601 Lake Ballinger Way, request an extension of our conditional use permit_ We have had a wonderful first year in business and have complied with all city requirement requested of us. We have become well-known within the neighborhood—for both our product and our community involvement. Our conditional use permit is an asset to Ottimo Caffe, our landlord W. Chang and specifically, the City of Edmonds. We have seen a 200% increase in sales over the past year, and hope to increase it another 200% or more, in the upcoming year. Mr_ Chang has also seen an increase in sales and appreciates the effort and pride we put into our business. The permit also makes our lease less complicated in that we are able to move our building, if need be. Lastly, we have met many, many wonderful members of the community (both Edmonds and Shoreline) who have told us how much they love our product and location --as there are not many options for "good coffee" in their neighborhood! Thank you for your consideration into a renewal of our conditional use permit. Sincerely, D Kelsie Holt Attachment 2 File No. CU -05-128 Extension of CUP