Notice of Lapsed Time - Abandoned ApplicationCITY OF EDMONDS • 121 5" AVENUE NORTH • EDMONDS, WA 98020
PHONE: 425.771.0220 • FAX: 425.771.0221 • WEB: www.edmondswa.g
DEVELOPMENT SERVICES DEPARTMENT: PLANNING • BUILDING
November 24, 2020
Chris Walters
Northlake Build, LLC
5409 17t" Ave. NW
Seattle, WA 98107
chris@northlakebuild.com
Subject: Notice of Type I Action and Decision — Lapsed Application for Preliminary Unit Lot
Short Plat at 7528 215t" Street (File PLN2019-0062)
Findings of Fact
The subject application was submitted on December 3, 2019 and determined to be complete on
December 31, 2019. While the subdivision application was complete, the associated fill/grade
permit in BLD2019-1252, which was serving as the preliminary development plan for the short
plat project, required corrections. Work had been continuing on the fill/grade permit during
the beginning of the COVID pandemic.
On April 21, 2020, the Edmonds City Council passed an ordinance extending permit applications
automatically for 120 days due to the COVID pandemic. The subject applications were affected
by that extension. Without the extension, the preliminary short plat application wound have
expired because insufficient information had been provided with which to make a decision.
However, with the extension, the application remained active through August 21, 2020.
On July 29, 2020, the City provided a reminder to you that the subject application was due to
expire on August 21, 2020 (Exhibit A). On August 21, 2020, you requested a one time 90-day
extension for the preliminary short plat application as allowed in ECDC 20.02.003, which
extended the validity of the application through November 19, 2020.
It has been more than 90 days since you were notified, but current records indicate that you
have not submitted the information requested by the City. Without this information the City
cannot continue to process, review and/or issue a substantive decision on your application.
Conclusions of Law
Edmonds Community Development Code ("ECDC") 20.02.003(D)(2) provides that "(w]henever
the applicant receives a notice that the contents of the application [..] is insufficient,
ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the
applicant shall have 90 days to submit the necessary information."
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As noted above, you were notified by the City that additional information were necessary on
August 21, 2020, and pursuant to the aforementioned ECDC, you have been afforded 90 days to
submit it before this Type I Action was instigated.
ECDC 20.02.003(D)(3) further provides that "(ijf the applicant does not submit the additional
information requested within the 90-day period for the development project permit, the director
shall make findings and issue a decision, according to the Type 1 procedure, that the application
has lapsed for lack of information necessary to complete the review."
As noted above, there is no evidence that you have submitted the additional information as
requested with the associated fill/grade permit or made any further effort to complete the
preliminary short plat. It is within the City of Edmonds Development Services Director's
authority to instigate this Type I Action and to issue the decision below.
Decision
Because you have not submitted the additional information requested within 90 days, pursuant
to the above referenced codes, the City is hereby issuing this Notice of Type I Action and
Decision ("Notice") that the preliminary unit short plat application has lapsed for lack of
information necessary to complete the review. No further action by the City will be taken on
the application. If you believe you submitted the additional information requested and have
supporting evidence, please contact the City immediately. Otherwise, you will need to arrange
to pick up the application materials from the City's planning department within 30 days of this
Notice. If no such arrangements are timely made, the application materials will be destroyed,
in accordance with ECDC 20.02.003.D.3.
According to ECDC 20.02.003.D.4, when an application has lapsed, the applicant may request a
refund of some or all of the preliminary application fee. To do this, submit a letter to the
Development Services Director explaining the circumstances involved in the delay.
Finally, pursuant to RCW 36.70B.130, property owners that are affected by the decision issued
in this Notice may request a change in valuation for property tax purposes notwithstanding any
program of revaluation. Any such request, if applicable, should be directed to Snohomish
County.
Dated this 24t" day of November, 2020.
Mike Clugston, AICP
Senior Planner
Enclosure
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