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2020-11-12 Hearing Examiner - Full Agenda-2710OF ED4f o Agenda Edmonds Hearing Examiner REMOTE ZOOM MEETING VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 NOVEMBER 12, 2020, 3:00 PM REMOTE MEETING INFORMATION Join the Zoom meeting at:https:Hzoom.us/j/99735149912?pwd=NnBmazdVUXNZSDdNVW9POFBzamlIZzO9> You may also call in by dialing 253-215-8782 Meeting ID: 997 3514 9912. Passcode: 277319 CALL TO ORDER PUBLIC HEARING 1. Re -Opened Public Hearing for Diamond Parking Services Conditional Use Permit (PLN2020-0037) ADJOURNMENT Edmonds Hearing Examiner Agenda November 12, 2020 Page 1 2.1 Hearing Examiner Agenda Item Meeting Date: 11/12/2020 Re -Opened Public Hearing for Diamond Parking Services Conditional Use Permit (PLN2020-0037) Staff Lead: Michael Clugston Department: Planning Division Prepared By: Michael Clugston Background/History Diamond Parking Services has proposed to create commercial parking at portions of the existing parking lots at 306 Main Street. A conditional use permit is required to do that, which involves a public hearing and decision by the Hearing Examiner. A public hearing was held on August 27, 2020 but the Hearing Examiner re -opened the hearing on September 10 to obtain additional information about the City's process for mailed hearing notices. The City responded to that request on September 18. The Hearing Examiner then ordered the hearing to be re -opened again to correct posting of the associated public hearing notices. After submitting a request for reconsideration and then withdrawing that, notice of the re -opened hearing was issued again by staff in accordance with the Examiner's order. Staff Recommendation Because there are no changes proposed other than updating notice, the Hearing Examiner should approve the conditional use permit request in file PLN2020-0037 subject to the conditions noted in the staff report entered into the record at the August 27, 2020 hearing. Narrative A staff memo dated November 4 describing compliance with the Hearing Examiner's order and seven attachments are included: 1. Vt Order to Re -Open Hearing (Clarification on mailed notice) 2. City Response to 1st Order 3. 2nd Order to Re -Open Hearing (Re -notice of hearing) 4. City Request for Reconsideration of 2nd Order 5. City Withdrawal of Reconsideration Request 6. Media from Hearing Examiner public hearing on 8/27/20 available at: <http://edmondswa.igm2.com/Citizens/Media.aspx> 7. Notice Materials for Re -Opened Hearing on November 12, 2020 As noted in the Examiner's Order and in the notice materials for the re -opened hearing, only members of the public who have not already participated have an opportunity to speak or submit comment for the re -opened hearing. Persons who have not already commented may submit written comment or may participate at the re -opened hearing. Staff and the Applicant will be given the opportunity to respond to any new public comment. As of November 4, no additional comments have been received. Packet Pg. 2 2.1 Attachments: PLN2020-0037 Diamond Parking re -open memo and attachments Packet Pg. 3 2.1.a CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION ,lie. 1 Sy\) PLANNING DIVISION REPORT TO THE HEARING EXAMINER Project: File Number: Date of Report: Prepared By: SUMMARY Re -Opened Public Hearing for Conditional Use Permit for Diamond Parking Services LLC PLN2020-0037 November 4, 2020 Mike Clugston, AICP, Senior Planner Diamond Parking Services has proposed to create commercial parking at portions of the existing parking lots at 306 Main Street. A conditional use permit is required to do that, which involves a public hearing and decision by the Hearing Examiner. A public hearing was held on August 27, 2020 but the Hearing Examiner re -opened the hearing on September 10 to obtain additional information about the City's process for mailed hearing notices (Attachment 1). The City responded to that request on September 18 (Attachment 2). The Hearing Examiner then ordered the hearing to be re -opened again to correct posting of the associated public hearing notices (Attachment 3). After submitting a request for reconsideration and then withdrawing that (Attachments 4 and 5), notice of the re -opened hearing was issued again by staff in accordance with the Examiner's order. The video for the August 27 meeting is linked in Attachment 6. II. ATTACHMENTS 1. 11t Order to Re -Open Hearing (Clarification on mailed notice) 2. City Response to 1st Order 3. 2nd Order to Re -Open Hearing (Re -notice of hearing) 4. City Request for Reconsideration of 2nd Order 5. City Withdrawal of Reconsideration Request 6. Media from Hearing Examiner public hearing on 8/27/20 available at: http://edmondswa.igm2.com/Citizens/Media.aspx Packet Pg. 4 2.1.a 7. Notice Materials for Re -Opened Hearing on November 12, 2020 III. RE -ISSUED PUBLIC NOTICE When this application was submitted on June 29, 2020, posting was required at the following locations in accordance Section 1.03.020 of the Edmonds City Code (ECC) per Ordinance 2511: A. Public bulletin board in the Edmonds Civic Center, 250 Fifth Avenue North, Edmonds, Washington, 98020. B. Public bulletin board in the Edmonds Public Library, 650 Main Street, Edmonds, Washington, 98020. C. Public bulletin board, Edmonds branch of the United States Post Office, 201 Main Street, Edmonds, Washington, 98020. This language had not been updated in many years as the Post Office on Main Street was demolished in 2015. To that end, Council adopted Ordinance 4193, which went into effect on August 23, 2020, to update the required posting locations to currently existing buildings: A. Public bulletin board in the Edmonds Public Safety Complex, 250 Fifth Avenue North, Edmonds, Washington, 98020; B. Public bulletin board in the Edmonds Public Library, 650 Main Street, Edmonds, Washington, 98020; and C. Public bulletin board, Edmonds City Hall, 121 Fifth Avenue North, Edmonds, Washington, 98020. In accordance with the Hearing Examiner's 2nd Order, staff posted, published, and mailed notice of the re -opened public hearing per ECDC 20.03.003. Those materials are included as Attachment 7. It was not possible to do the reposting at the Post Office in accordance with Ordinance 2511 because the old Post Office was demolished in 2015 and there is no posting area at the new Post Office location. Posting at the Post Office is no longer required in accordance with Ordinance 4193. It was also not possible to post at the Public Library because in -building services are closed due to COVID-19 restrictions, which includes access to the public notice bulletin boards. As noted in the Examiner's Order and in the notice materials for the re -opened hearing, only members of the public who have not already participated have an opportunity to speak or submit comment for the re -opened hearing. Persons who have not already commented may submit written comment or may participate at the re -opened hearing. Staff and the Applicant will be given the opportunity to respond to any new public comment. Re -Opened Public Hearing for Diamond Parking CUP File No. PLN2020-0037 Page 2 of 3 Packet Pg. 5 2.1.a IV. PARTIES OF RECORD City of Edmonds Applicant Doina Copaceanu Diamond Parking Services LLC 4719 University Way NE Suite 210 Seattle, WA 98105 doina.copaceanu@diamondparking.com Persons who submitted Finis Tupper (finistupper@comcast.net) comments on or before August 27 Grant Mirick (grantmirick@gmail.com) Sharalyn Ramm (sharalynramm@msn.com) Persons who submitted None to date comments for the re -opened hearing Re -Opened Public Hearing for Diamond Parking CUP File No. PLN2020-0037 Page 3 of 3 Packet Pg. 6 2.1.a 2 /lc. 1 89 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS Phil Olbrechts, Hearing Examiner RE: Diamond Parking Services LLC ORDER RE -OPENING HEARING Conditional Use (PLN2020-00037) The hearing of the above -captioned matter is re -opened to clarify the record on standard practices and staff interpretation of City code provisions pertaining to mailed notice of public hearings. Written questions are presented at the end of this Order for staff to answer. All hearing participants will have an opportunity to respond and/or ask questions of their own. At the hearing upon the above -captioned matter, Finnis Tupper raised the adequacy of the mailed notice, identifying that Assessor "taxpayer" addresses were used for the mailed notice of the hearing required by ECDC 20.03.003C1. These "taxpayer" addresses are those listed in County Assessor records as the billing address for property taxes, which is distinguishable from the "owner" address in County Assessor records, which apparently identifies the physical address of the owner's property. Mr. Tupper asserted that an owner of property within 300 feet of the project site did not receive notice because notice was mailed to her "taxpayer" address instead of her "owner" address. After the close of the hearing the Examiner looked up a prior ruling addressing a similar notice issue raised by Mr. Tupper. The ruling for the other project was for the Edmonds Civic Center Playfield, issued as a Decision Upon Reconsideration, dated February 26, 2020. That ruling reveals an inconsistency in the addresses used for mailed notice. Rather than using the "taxpayer" addresses produced by the Assessor's Office as used in this project, the City as Applicant in the Playfield project apparently used the "owner" addresses from Assessor records generated by its GIS system. Order Re -Opening Hearing P. 1 Findings, Conclusions and Decision 1 Hearing PLN2020-0037 Packet Pg. 7 1 2.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Tupper did not identify this inconsistency in his comments. The inconsistency issue can't be ignored given that City notice practices are pertinent to the construction of ECDC 20.03.003C1 and the Examiner decisions should be consistent with past rulings. Since the inconsistency was not revealed during the hearing, the City did not have an opportunity to explain this difference in practice. A complete record on this issue is necessary because it affects both the notice procedures of the City as well as the rights of the public to receive notice. Evidence of standard practices regarding mailed notice are useful in interpreting ECDC 20.03.003C1, as deference is due to City interpretations that are part of an established practice of enforcement. Ellensburg Cement Prods., Inc. v. Kittitas Cnty. & Homer L. (Louie) Gibson, 179 Wn.2d 737 (2014). The burdens associated with alternative methods of mailed notice are also pertinent as the burden on government is a factor to be weighed in assessing the procedural due process requirements that attach to zoning notice requirements. See, e.g. Post v. City of Tacoma, 167 Wn.2d 300, 313 (2009). Order The hearing on the above -captioned matter is re -opened for City staff to answer the following questions: 1. What is the difference between "owner" and "taxpayer" addresses in Snohomish County Assessor records? 2. Does the Snohomish County Assessor only provide 300' mailing lists with "taxpayer" addresses and if so, why? 3. Why did the City use "owner" addresses instead of "taxpayer" addresses for the mailing list it put together for the Edmonds Civic Center Playfield project? Why didn't the City use Assessor generated lists so that it used the same lists used by applicants? 4. As a practice, does the City put any restrictions on how 300' mailing lists are put together beyond requiring that they be based upon Assessor property records? Do they only accept lists prepared by the Assessor's Office, or is any list purportedly based upon ownership records from the Assessor's Office acceptable? Are lists prepared by the post office acceptable? 5. How common is it for Washington cities and counties to use Assessor generated lists for mailed notice of land use hearings? 6. To staff's knowledge, do any other jurisdictions require 300' mailing lists to be based specifically either upon owner or taxpayer addresses, or is a list of either set of addresses found acceptable? Order Re -Opening Hearing p. 2 Findings, Conclusions and Decision 1 Hearing PLN2020-0037 Packet Pg. 8 1 2.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7. Does the City find use of both Assessor "taxpayer" and "owner" addresses for mailed notice to be in conformance with ECDC 20.03.003C1 and, if so, why? 8. Does the City have any other comments that may prove useful in assessing compliance with ECDC 20.03.003C1? A city written response to the questions above must be emailed/delivered to all parties by 5 pm, September 18, 2020. All other parties may submit written additional questions to staff by 5 pm September 21, 2020 or in the alternative request an opportunity for virtual cross-examination by that time. A response, if any, from hearing participants must be submitted by September 24, 2020 and City staff may reply by 5 pm September 25, 2020. All materials must be emailed to the parties to the email upon which this Order was attached. Dated this IOth day of September 2020. Order Re -Opening Hearing Phi A.Olbrechts City of Edmonds Hearing Examiner p. 3 Findings, Conclusions and Decision 1 Hearing PLN2020-0037 Packet Pg. 9 1 2.1.a DECLARATION OF MAILING Conditional Use — Diamond Parking, Order Re -Opening Hearing; Case No. PLN2020-0037 I, Emily Terrell, make the following declaration: I am a resident of the State of Washington, over the age of 18 years, not a party to this action, and competent to be a witness herein. On the IOth day of September 2020, I mailed, via First Class U.S. Mail, a true and correct copy of the Order Re -Opening Hearing on the above captioned matter to the following: Sharalyn Ramm 110 3rd Ave. N #302 Edmonds, WA 98020 Finis Tupper PO Box 851 Edmonds WA 98020 I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. EXECUTED at Sumner, Washington, this 1 Oth day of September 2020. Emily Terr 11 {PA0827324.DOC;1\13041.900000\ } Attachment 1 Re -opened Hearing PLN2020-0037 Packet Pg. 10 2.1.a CITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION fhC. 10" CITY'S RESPONSE TO QUESTIONS IN ORDER RE -OPENING HEARING Project: Diamond Parking Services LLC File Numbers: PLN2020-0037 — Conditional Use, Commercial Parking Date: September 18, 2020 From: _ Mike Clugston, AICP, Senior Planner L CITY REPLY TO HEARING EXAMINER'S ORDER RE -OPENING HEARING On September 10, 2020, the Hearing Examiner for the City of Edmonds re -opened the referenced public hearing and asked for clarification about how the City provides mailed notice of hearings to property owners within 300 feet of a project site. Providing notice of hearings by mail is required for certain land use permits consistent with Chapter 20.03 of the Edmonds Community Development Code (ECDC). The relevant code is in ECDC 20.03.003.0 (Notice of Public Hearing), specifically (1)(c): Mailed Notice. Mailed notice of the public hearing shall be provided as follows: 1. The notice of the public hearing shall be mailed to: a. The applicant; b. The owner of the subject property, if different from applicant; c. All owners of real property, as shown by the records of the county assessor, within 300 feet of the boundaries of the property(ies) involved in the application; and d. Any person who submits public comments on an application; In short, the City mails notice to the people identified on the Adjacent Property Owner E list that is supplied by the applicant as part of a complete land use application. The applicant signs a notarized declaration certifying "that the names and addresses provided a Diamond Parking Services LLC — City Reply — Order Re -Opening Hearing Page 1 of-5 Attachment 2 Re -opened hearing PLN2020-0037 Packet Pg. 11 2.1.a represent all properties located within 300 feet of the subject property." Staff does not verify that the addresses are correct or whether they correspond with the property owner or taxpayer. During the subject hearing, question arose about the adequacy of this process. Seeking more detail, the Examiner submitted eight clarifying questions, which are included below with City responses to each. What is the difference between "owner" and "taxpayer" addresses in Snohomish County Assessor records? According to the Snohomish County Assessor's Office webpage: Various county departments handle different aspects of owner and taxpayer information. Auditor's Office Recording Division. Errors in the owner's name are handled by the Auditor's Office. Ownership records for legal purposes (deeds, real estate contracts, etc.) are recorded in the Recording Division of the county Auditor's Office. When the purchase of [a] property is recorded with the Auditor's Office a Real Estate Excise Tax (REST) form must accompany the transaction. Treasurer's Office Excise Tax Division. "Taxpayer name" records are maintained by the Treasurer's Office and are used as the address for mailing property tax statements. This information is also used by the Assessor's Off ce for mailing the "change of assessed value" notices. The Treasurer's Office collects the REET due, if any, before the document can be recorded with the auditor. Assessor's Office. "Owner name" records that appear on the joint assessor and treasurer's website are taken from the BEET that is filed with recorded documents and is maintained by the Assessor's Office. This information is used to make sure people are only being assessed and taxed for the property they purchased. (https://snohomishcountMa. gov/413/Owner-Taxpayer-Address-Changes, accessed 9/14/20). The property `owner' address comes from a legal document like a deed and a REET form. The `taxpayer' address can be self-selected by the owner. 2. Does the Snohomish County Assessor only provide 300' mailing lists with "taxpayer" addresses and if so, why? As confirmed recently by the County Assessor's Office, they generate mailing lists with the property owner name and the taxpayer address. They send assessment notices and tax bills in the same way. The addresses for property owner and taxpayer can be the same but if owners want to receive assessment notices or tax bills at a different address, they can request an address change with the Treasurer. 3. Why did the City use "owner" addresses instead of taxpayer addresses for the mailing w a Diamond Parking Services LLC — City Reply — Order Re -Opening Hearing Page 2 of 5 Attachment 2 Re -opened hearing PLN2020-0037 Packet Pg. 12 2.1.a list it put together for the Edmonds Civic Center Playfield project? Why didn't the City use Assessor generated lists so that it used the same lists used by applicants? As with all city -sponsored projects, staff created the mailing list for the Civic Center Playfield project using the property owner information from the City's GIS parcel layer. This information comes from the Snohomish County Assessor's office and is updated quarterly. 4. As a practice, does the City put any restrictions on how 300' mailing lists are put together beyond requiring that they be based upon Assessor property records? Do they only accept lists prepared by the Assessor's Office, or is any list purportedly based upon ownership records from the Assessor's Office acceptable? Are lists prepared by the Post Office acceptable? According to the public hearing notice requirements in ECDC 20.03.003.C.4.a: "The records of the Snohomish County assessor's office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the applicable county's real property tax records." The code does not specify who must prepare the property owner list, only that the list be based on the Assessor's records. A list from the Post Office or a title company has been deemed sufficient in the past as have those prepared by an applicant since the notarized declaration accompanies the list. 5. How common is it for Washington cities and counties to use Assessor generated lists for mailed notice of land use hearings? While this question and Question 6 aren't specific to the process used by the City of Edmonds, staff researched several of the jurisdictions listed on the Municipal Research Service Corporation (MRSC) website to see how they do notices. (http://mrsc. org/Home/Explore-Topics/Planning/Land-Use- Administration/Streamlining-Local-Permit-Review-Procedures.aspx, accessed 9/ 11 /20). City of Shoreline. Per Shoreline Municipal Code Section 20.30.180: "Notice of the time and place of an open record hearing shall be made available to the public by the Department no less than 15 days prior to the hearing, through use of these methods: Mail. Mailing to owners of real property located within 500 feet (1, 000 feet for master development plan permits and SCTF or essential public facilities special use permits) of the subject property." Shoreline's conditional use permit handout states that the following notice materials must be submitted with a CUP application: Notice Materials Provide required notice materials consisting ofCN Z - Two (2) sets of mailing labels for all property owners within 500'of any boundary of a the subject property. - A copy of the mailing label list. E - A copy of the Assessor's map with the 500 foot boundary outlined w a Diamond Parking Services LLC — City Reply — Order Re -Opening Hearing Page 3 of 5 Attachment 2 Re -opened hearing PLN2020-0037 Packet Pg. 13 2.1.a City of Mill Creek. Per Mill Creek Municipal Code Section 14.07.030.A.2: "... notice of public hearings shall be given by mailing at least 10 days but not more than 30 days before the date of the public hearing to all property owners as shown on the records of the county assessor and to all street addresses of properties within 500 feet, not including street rights -of -way, of the boundaries of the property which is the subject of the pending action. Addressed, prestamped envelopes meeting this requirement shall be provided by the applicant." Mill Creek obtains not only property owner addresses but also mails to the actual street addresses within 500' of a proposed project. The "taxpayer" address is not specifically included in that group. City of Gig Harbor. Per Gig Harbor Municipal Code Section 19.03.003.B.4.a: "General Procedure for Mailed Notice of Public Hearing. a. The records of the Pierce County assessor's office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the applicable county's real property tax records. The director shall cause to be issued a sworn certificate of transmittal to all persons entitled to notice under this chapter. The director may provide notice to persons other than those required to receive notice under the code." It is unknown who generates and supplies the mailing list. State statutes also contain language about who should receive notice for local project reviews, shoreline permits, and SEPA. Note that the SMA and SEPA regulations indicate ownership is derived from county records.: Local Project Review RCW 36.70B.110 (4) A local government shall use reasonable methods to give the notice of application to the public and agencies with jurisdiction and may use its existing notice procedures. A local government may use different types of notice for different categories of project permits or types of project actions. If a local government by resolution or ordinance does not specify its method of public notice, the local government shall use the methods provided for in (a) and (b) of this subsection. Examples of reasonable methods to inform the public are: (g) Mailing to neighboring property owners. Shoreline Management Action RCW 90.58.140(4)(a) Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed; SEPA c RCW 43.21C.080(l)(c)(i)(i) Mailing to the latest recorded real property owners, as shown by the records of the county treasurer, who share a common boundary line with the property upon which the project is proposed through United States mail, first a Diamond Parking Services LLC — City Reply — Order Re -Opening Hearing Page 4 of 5 Attachment 2 Re -opened hearing PLN2020-0037 Packet Pg. 14 2.1.a class, postage prepaid. 6. To staffs knowledge, do any other jurisdictions require 300' mailing lists to be based specifically either upon owner or taxpayer addresses, or is a list of either set of addresses found acceptable? Unknown. This question does not relate to the City of Edmonds' code and information about it was not readily available in online versions of other cities' code that Edmonds staff reviewed. 7. Does the City find use of both Assessor "taxpayer" and "owner" addresses for mailed notice to be in conformance with ECDC 20.03.003C1 and, if so, why? No, the taxpayer and property owner addresses are not the same and should not be used interchangeably for mailed notice required by ECDC 20.03.003.C.1. It had long been the City's understanding that the address lists, particularly those supplied by the County Assessor's office, used the property owner name and address. That is obviously not the case and because the ECDC clearly requires use of the property owner name and address, staff will implement changes to how the address lists are assembled. Going forward City staff will create the adjacent property owner address lists using property owner information from the Snohomish County tax parcel GIS layer. 8. Does the City have any other comments that may prove useful in assessing compliance with ECDC 20.03.003C1? It should be noted there are several different ways public hearings are advertised in addition to the mailings. Notices are posted at the subject site and published in the Everett Herald as required by ECDC 20.03.003.D. Notices are also posted to the City website. Diamond Parking Services LLC — City Reply — Order Re -Opening Hearing Page 5 of 5 Attachment 2 Re -opened hearing PLN2020-0037 Packet Pg. 15 2.1.a 2 /lc. 1 89 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS Phil Olbrechts, Hearing Examiner RE: Diamond Parking Services LLC ORDER CORRECTING NOTICE Conditional Use (PLN2020-00037) There is unfortunately one more notice issue that needs to be addressed in the above -captioned hearing. From the evidence presented by the City, it must be concluded that the City did not post notice of the hearing at the Edmond Post Office as required by ECDC 1.03.020. The hearing will be re -opened to provide an opportunity for persons who receive notice by the required posting to be heard. ECDC 1.03.020 currently requires that "the posting of notices required by any provision of this code" (emphasis added) shall be posted at the Edmonds Public Safety Complex, the Edmonds Public Library and Edmonds City Hall. 14 days prior to the August 27, 2020 hearing on this matter, a former version of ECDC 1.03.030 required the posting to be at the Edmonds Public Library, Edmonds Post Office and Edmonds Civic Center. At hearing, staff stated that the hearing notice was not posted at the civic complex or library because those buildings were closed. Staff further responded that the notice was not posted at the post office because staff did not believe that ECDC 1.03.020 applies to hearing examiner public hearings. At first blush, staff's position appeared to be an accurate interpretation of ECDC 1.03.020. When ECDC 1.03.020 was adopted in 1984, former RCW 43.32.010 (now recodified within the Open Public Meetings Act as RCW 42.30.060) required cities and counties to adopt their own notice procedures for public meetings. ECDC 1.03.020 was likely adopted to meet this requirement. As staff noted during the hearing of the above - captioned matter, the notice requirements for land use hearings are addressed in detail in Chapter 20.03 ECDC. The notice requirements for land use hearings are in fact far more comprehensive than those for public hearings. It would normally have been Order Correcting Notice P. 1 Findings, Conclusions and Decision 3 Hearing PLN2020-0037 Packet Pg. 16 1 2.1.a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reasonable to conclude that ECDC 1.03.020 did not apply because it was adopted for another purpose and did not materially add to the notice already required by Chapter 20.03 ECDC. However, staff s position cannot be reconciled with the language in ECDC 1.03.020 that requires that the ECDC 1.03.020 notice must be posted for "any provision" of the ECDC that requires notice. The City Council's inclusion of this verbiage leaves no room to exempt other notice standards that were adopted for a different purpose — "any" other provision is subject to ECDC 1.03.020. It is recognized that even with the "any" qualifier there is still potential room for some disagreement, but ultimately the risk is very high that a reviewing judge will find that the City has violated ECDC 1.03.020 if the failure to comply with that section is not remedied. If not found to be harmless error, such a violation could result in a remand several months from now requiring the City to redo the entire hearing, creating substantial delay to the Applicant. In order to protect the Applicant from this type of delay and to provide the notice to which the public is entitled under ECDC 1.03.020, staff is directed to post notice of a re -opened hearing to provide for additional public comment. Once the re -opened hearing is closed, a final decision will likely be issued within a day or two of the closure unless substantial new issues are raised at the re -opened hearing. Order Staff shall post notice of a re -opened hearing for the above captioned matter as follows: Notice required by ECDC 1.03.020 shall be posted in the areas currently' required by ECDC 1.03.020 at least 14 days prior to the date of a re -opened hearing. Staff is free to add any additional hearing notice it deems appropriate. 2. The hearing notice shall identify that the hearing held on August 27, 2020 will be made a part of the record for the re -opened hearing. The August 27, 2020 hearing recording should be made available to anyone who wishes to listen to it, preferably by posting it on the City's website. The notice shall also provide that if anyone does not have the means to listen to the recording, the City will make alternate arrangements to ensure that the person can hear the recording. 3. The hearing notice shall identify that only members of the public who have not already participated will have an opportunity to speak or submit comment for the re -opened hearing. Persons who have not already commented may submit written comment or may participate at the re -opened hearing (which will still ' To be safe, it would be best if staff posted at the locations under the current version of ECDC 1.03.020 and that which was in effect 14 or more days prior to the August 27, 2020 hearing date. If the US Post Office and/or library is closed to the public and staff doesn't have access to the notice boards in those buildings, staff need not post in those locations. Order Correcting Notice p. 2 Findings, Conclusions and Decision 3 Hearing PLN2020-0037 Packet Pg. 17 1 2.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 presumably be virtual). Staff and the Applicant will be given the opportunity to respond to any new public comment. Dated this 29th day of September 2020. Order Correcting Notice MIT A.Olbrechts City of Edmonds Hearing Examiner p. 3 Findings, Conclusions and Decision lent 3 ned Hearing PLN2020-0037 Packet Pg. 18 1 2.1.a Clugston, Michael From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Tuesday, September 29, 2020 9:13 PM To: finistupper@comcast.net; grantmirick@gmail.com; Clugston, Michael; Doina.Copaceanu@diamondparking.com Subject: Re: Order Correcting Notice Attachments: Conditional Use -- Diamond Parking -- Order Correcting Notice.pdf This order corrects the posting deficiency identified by Mr. Tupper during the August 27, 2020 hearing. Attachment 3 Re -opened Hearing PLN2020-0037 Packet Pg. 19 2.1.a CITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION f hC. 199" REQUEST FOR RECONSIDERATION — ORDER CORRECTING NOTICE Project: Diamond Parking Services LLC File Numbers: PLN2020-0037 — Conditional Use Commercial Parking Date: October 7, 2020 From: 11al"IVC- Mike Clugston, AICP, Senior Planner I believe the contents of this request to be true. I. CITY REQUEST FOR RECONSIDERATION OF HEARING EXAMINER'S ORDER TO CORRECT NOTICE On September 29, 2020, the Hearing Examiner issued an Order to Correct Notice for the referenced public hearing. In the Order, the Examiner requested that: "Notice required by ECDC 1.03.020 shall be posted in the areas currently) required by ECDC 1.03.020 at least 14 days prior to the date of a re -opened hearing. Staff is free to add any additional hearing notice it deems appropriate. ' To be safe, it would be best if staff posted at the locations under the current version of ECDC 1.03.020 and that which was in effect 14 or more days prior to the August 27, 2020 hearing date. If the US Post Office and/or library is closed to the public and staff doesn't have access to the notice boards in those buildings, staff need not post in those locations." According to Section 20.06.140 of the Edmonds Community Development Code (ECDC), any parry of record with standing may request reconsideration of a decision the Hearing Examiner issues immediately after the open record public hearing on a land use permit application. Reconsideration is limited to: Diamond Parking Services CUP Request for Reconsideration Attachment 4 Re -opened Hearing PLN2020-0037 Page 1 of 3 Packet Pg. 20 2.1.a 1. Error(s) of procedure; 2. Error(s) of law or fact; 3. Error(s) of judgement; and/or 4. The discovery of new evidence that was not known and could not, in the exercise of reasonable diligence, have been discovered. The City requests that the following error of fact be revised. The code references to "ECDC 1.03.020" should be to "Edmonds City Code (ECC) 1.03.020". The City requests that the following errors of procedure be revised. At the time public notice of the subject hearing was posted on August 10, 2020, ECC 1.03.020 required the following three locations to be posted: A. Public bulletin board in the Edmonds Civic Center, 250 Fifth Avenue North, Edmonds, Washington, 98020; B. Public bulletin board in the Edmonds Public Library, 650 Main Street, Edmonds, Washington, 98020; and C. Public bulletin board, Edmonds branch of the United States Post Office, 201 Main Street, Edmonds, Washington. Due to building closures resulting from COVID-19, the public bulletin boards in the Edmonds Civic Center (now the Public Safety Complex) and the Edmonds Public Library were closed to the public. Staff did not have access to those locations and could therefore not post them. Furthermore, because those buildings were closed to the public during the relevant period, posting a notice inside those buildings would not have contributed to public notice of the hearing. More importantly, the September 29, 2020 hearing examiner order directs that notice be provided in a manner that is no longer possible. Specifically, the Edmonds Post Office at 201 Main Street, and the public bulletin board inside it, no longer exists. That building was demolished in 2017. The City does not believe that the examiner would have required this notice procedure had he known about the building demolition. But the order as written, because it requires the impossible, constitutes procedural error, unless the order is interpreted to only require compliance with the version of ECC 1.03.020 that took effect on August 23, 2020. To correct the code regarding posting notices at the Post Office site, the Edmonds City Council passed Ordinance 4193 on July 21, 2020. As of the August 23, 2020 effective Diamond Parking Services CUP Request for Reconsideration Page 2 of 3 Attachment 4 Re -opened Hearing PLN2020-0037 Packet Pg. 21 2.1.a date of the ordinance, public notice now must be posted at the following three locations A. Public bulletin board in the Edmonds Public Safety Complex, 250 Fifth Avenue North, Edmonds, Washington, 98020; B. Public bulletin board in the Edmonds Public Library, 650 Main Street, Edmonds, Washington, 98020; and C. Public bulletin board, Edmonds City Hall, 121 Firth Avenue North, Edmonds, Washington. This version of the code was not in effect on August 10, 2020. Staff posted the notice for the referenced hearing as required by the code on August 10, 2020 to the extent that was possible. As noted above, both the Public Safety Complex and Public Library were closed due to COVID-19 so access to the public bulletin board in those buildings was not possible. The old Post Office building at 201 Main Street no longer existed. And even if the new version of ECC 1.03.020 had been in effect on August 10, 2020, Edmonds City Hall is closed to the public except by appointment. So, posting on that bulletin board would have been of little benefit to the public. As a result, staff requests that the referenced hearing not be re -opened for additional posted notice because the project was posted as able on August 10, 2020 given the circumstances at that time. Alternatively, if the hearing examiner still believes that additional compliance with ECC 1.03.020 is necessary, the City asks that the examiner direct compliance with the version of the code that existed on September 29, 2020, but only to the extent that such buildings are open to the public. Diamond Parking Services CUP Request for Reconsideration Page 3 of 3 Attachment 4 Re -opened Hearing PLN2020-0037 Packet Pg. 22 2.1.a Clugston, Michael From: Clugston, Michael Sent: Wednesday, October 7, 2020 5:08 PM To: Phil Olbrechts; finistupper@comcast.net; grantmirick@gmail.com; Doina.Copaceanu@diamondparking.com; Sharalyn Subject: RE: Order Correcting Notice Attachments: Conditional Use -- Diamond Parking -- Order Correcting Notice.pdf; 2020-10-07 PLN2020-0037 City request for reconsideration Order Correcting Notice.pdf Good afternoon, Please find attached a request for reconsideration of the Hearing Examiner's Order Correcting Notice issued on September 29, 2020. The applicant and all three parties of record to permit PLN2020-0037 are included with this email Thank you. Mike Michael Clugston, AICP Senior Planner City of Edmonds 425-771-0220 x 1330 michael.clugston@edmondswa.gov Permit assistance, codes, online permits, and Web GIS: http://www.edmondswa.gov/handouts.html CITY HALL IS CURRENTLY CLOSED TO THE PUBLIC Services will continue to be provided by email, phone and by appointment as necessary. Please visit www.edmondswa.gov for up-to-date information For planning permit inquiries please email: planningpermits@edmondswa.gov For all other permit inquiries please email: devserv.admin@edmondswa.gov From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Tuesday, September 29, 2020 9:13 PM To: fin istupper@comcast.net; grantmirick@gmail.com; Clugston, Michael<Michael.Clugston@edmondswa.gov>; Doina.Copaceanu@diamondparking.com Subject: Re: Order Correcting Notice This order corrects the posting deficiency identified by Mr. Tupper during the August 27, 2020 hearing. Attachment 4 Re -opened Hearing PLN2020-0037 Packet Pg. 23 2.1.a Clugston, Michael From: Clugston, Michael Sent: Friday, October 9, 2020 4:49 PM To: Phil Olbrechts Cc: finistupper@comcast.net; grantmirick@gmail.com; Doina.Copaceanu@diamondparking.com; Sharalyn Subject: RE: Order Correcting Notice Good afternoon, The City withdraws its October 7 request for reconsideration of the September 29 Order Correcting Notice for PLN2020- 0037. Staff will post the re -opened remote hearing as directed in the Order. Because notice of public hearing must be issued between 14 and 30 days before the hearing and the Hearing Examiner meets with Edmonds on the 2nd and 41h Thursdays of the month, the next available date for the re -opened hearing will be November 12. It is the intent at this time to schedule the re -opened hearing on that date at 313M. Mike From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Thursday, October 8, 2020 3:38 PM To: Clugston, Michael <Michael.Clugston@edmondswa.gov> Cc: finistupper@comcast.net; grantmirick@gmail.com; Doina.Copaceanu@diamondparking.com; Sharalyn <sharalynramm@msn.com> Subject: Re: Order Correcting Notice If any party wishes to respond to the City's request for reconsideration, please do so by email to all parties to this email by 5 pm, 10/12/20. The City may similarly file a reply by 5 pm, 10/13/20. I also ask the city to clarify what public access was available to the civic center and library during the notice period for the subject application. I'm aware that some cities have authorized limited public access to their city halls by appointment during COVID closures. Please clarify whether any such access was provided as well as an estimate of how many people may have had such access during the notice period. Please also provide a rough estimate of how many city/library staff were accessing city hall and the library during the notice period. Please email this information by 5:00 pm tomorrow (10/9/20) if possible. If that is not feasible, please let me know and I'll adjust the response and reply periods accordingly. As noted in my September 30, 2020 email to the parties, the reason for re -opening the hearing to correct notice was because the record indicated that the City declined to post notice at the post office because it didn't believe it had an obligation to do so. In its reconsideration request the City has clarified that it didn't post because the post -office was no longer in operation during the notice period. The parties are free to provide new evidence on this issue in their responses and replies. As to Mr. Tupper's objection on the timeliness of the decision, that objection is overruled. The order correcting notice and the City's reconsideration request both serve to re -open the hearing. The ten day deadline only begins to accrue once the re -opened hearing is finally closed. Re -opening a hearing is a rare procedure only used in limited circumstances. In the approximately 2,000 hearings I've held I've probably re -opened a hearing less than a total of five times and this is the first time I've Attachment 5 Re -opened Hearing PLN2020-0037 Packet Pg. 24 2.1.a done it twice. A final decision on a land use hearing is usually limited to the evidence presented by the parties during the original hearing, If the applicant, for example, fails to provide sufficient information to establish compliance with permitting criteria the permit is simply denied. The hearing examiner and all reviewing courts will generally limit their review of the permit to the evidence originally presented and generally not allow parties to the hearing to remedy deficiencies in their presentations by authorizing new evidence. The parties to a proceeding are responsible for presenting evidence supporting their position. The courts and the examiner are not there to make the case for them. Obviously, this principle doesn't apply to persons who didn't appear at the hearing because they failed to receive required notice. If notice is defective, a reviewing court may authorize new evidence on that issue well after a hearing has been closed and then require the hearing to be redone if the notice was in fact noncompliant. Mr. Tupper raised some potential defects in notice. If he was correct on this issue, there is the potential that a reviewing court could order the hearing to be redone two or even three years from now during the appeals process. To both ensure that the public has received adequate notice and to protect the applicant from such a potential delay, I'm taking the extraordinary measures of addressing Mr. Tupper's notice concerns by re -opening the hearing. On Wed, Oct 7, 2020 at 5:08 PM Clugston, Michael <Michael.Clu sg ton(cedmondswa.gov> wrote: Good afternoon, Please find attached a request for reconsideration of the Hearing Examiner's Order Correcting Notice issued on September 29, 2020. The applicant and all three parties of record to permit PLN2020-0037 are included with this email. Thank you. Mike Michael Clugston, AICP Senior Planner City of Edmonds 425-771-0220 x 1330 michael.clu sg tonAedmondswa.zoov Permit assistance, codes, onlinepermits, and Web GIS.• http://www.edmondswa.govlhandouts.html Attachment 5 Re -opened Hearing PLN2020-0037 Packet Pg. 25 2.1.a CITY HALL IS CURRENTLY CLOSED TO THE PUBLIC Services will continue to be provided by email, phone and by appointment as necessary. Please visit www.edmondswa.gov for up-to-date information For planning permit inquiries please email: planning=permits(d),,edmondswa.gov For all other permit inquiries please email: devserv.adminkedmondswa.gov From: Phil Olbrechts <olbrechtslawkgmail.com> Sent: Tuesday, September 29, 2020 9:13 PM To: finistupper(a comcast.net; grantmirickkgmail.com; Clugston, Michael <Michael.Clu_sg tonkedmondswa.gov>; Doina.Copaceanu(kdiamondparking com Subject: Re: Order Correcting Notice This order corrects the posting deficiency identified by Mr. Tupper during the August 27, 2020 hearing. Attachment 5 Re -opened Hearing PLN2020-0037 Packet Pg. 26 2.1.a CITY OF EDMONDS NOTICE OF RE -OPENED PUBLIC HEARING `lie. 10" PROJECT DESCRIPTION: Diamond Parking Services has proposed to create commercial parking at portions of the existing parking lots at 306 Main Street. A conditional use permit is required to do that which involves a public hearing and decision by the Hearing Examiner. A public hearing was held on August 27, 2020 but the Hearing Examiner re -opened the hearing on September 10 to obtain additional information about the City's process for mailing hearing notices. The City responded to that request on September 18. The Hearing Examiner then ordered the hearing to be re -opened again to correct posting of the associated public hearing notices. Notice is being issued again in accordance with the Examiner's order. PROJECT LOCATION: 306 Main Street (Tax Parcel # 00434401600300) NAME OF APPLICANT: Diamond Parking Services LLC (for Hui Main Street LLC) REQUESTED PERMITS: PLN2020-0037 (Type III-B Conditional Use Permit —commercial parking in the BD1 & BD2 zones) DATE OF NOTICE: October 27, 2020 COMMENTS ON PROPOSAL DUE: November 12, 2020 PUBLIC HEARING INFORMATION: Due to COVID-19, the re -opened public hearing will be held by the Hearing Examiner virtually on November 12, 2020 at 3 p.m. at: https://zoom.us/i/99735149912?pwd=NnBmazdVUXNZSDdNVW9POFBza m 1 177nci Meeting ID: 997 3514 9912 Passcode: 277319 One tap mobile +12532158782„99735149912# US (Tacoma) Dial by your location +1 253 215 8782 US (Tacoma) Meeting ID: 997 3514 9912 Find your local number:,https://zoom.us/u/abNZVdpTvV Attachment 7 Re -opened Hearing PLN2020-0037 Packet Pg. 27 2.1.a CITY CONTACT: Only members of the public who have not already participated will have an opportunity to speak or submit comment for the re -opened hearing. Persons who have not already commented may submit written comment or may participate at the re -opened hearing. Staff and the Applicant will be given the opportunity to respond to any new public comment. The hearing held on August 27, 2020 will be made a part of the record for the re -opened hearing. Media from the August 27 hearing is available for review at: http://edmondswa.igm2.com/Citizens/Media.aspx. If anyone does not have the means to listen to the recording, the City will make alternate arrangements to ensure that the person can hear the recording. Information on this development application can be obtained online at http://edmondswa.gov/public-notices-text/development-notices.html under the development notice for application number PLN2020-0037, by emailing the City contact listed below, or by calling the City of Edmonds at 425-771-0220. Please refer to the application number for all inquiries. A copy of the staff report will be available at least seven days prior to the hearing. Mike Clugston, AICP, Senior Planner michael.clugston@edmondswa.gov 425-771-0220 Attachment 7 Re -opened Hearing PLN2020-0037 Packet Pg. 28 City of Edmonds t`10 a `,h 1 f r •.�,� `I , Y i ` r PLN2020-0037 Ir j, 14. 0 188.08 376.2 Feet WGS 1984 Web Mercator Auxiliary_Sphere © City of Ecirnb t chment 7 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION I 2.1.a I d V Legend Q. 0 ArcSDE.GIS.STREET_CENTERLIN — <all other values> 1 N 2 O O 5.4 E 9;71;7;8 V O State Highways O ,all other values> C ft7 -- 0 O 1 d 2 E Notes i Properties within 300' of 306 Main Street i Packet Pg. 29 1 ram 27032300403600 104 5TH AVE S LLC 104 5TH AVE S EDMONDS, WA 98020-3423 00956300010100 ALISTER PLACE LLC 126 3RD AVE N EDMONDS, WA 98020 00678200010500 ASAY LIVING TRUST 200 JAMES ST UNIT 105 EDMONDS, WA 98020 00956300020100 BATTIN BLAKE N 200 VIA QUITO NEWPORT BEACH, CA 92663 00434400101001 BELLINGHAM MICHAEL JAMES 118 4TH AVE N EDMONDS, WA 98020 00434401600503 BLATT DENA LIVING TRUST 12724 MARINE DR ANACORTES, WA 98221 00678200020400 BROWN RAYMOND A & O'DELL JANE B 525 FORSYTH LANE #209 EDMONDS, WA 98020 00678200020600 CAMERON ROBIN E/PLOMMER DOUGLAS C 6227 44TH AVE NE SEATTLE, WA 98115 00678200030400 CHRISTENSEN DAVID G 200 JAMES ST 304 EDMONDS, WA 98020 27032300404200 21110 80TH PL W LLC PO BOX 429 EDMONDS, WA 98020 00678200020200 ANGIONO LOREN & DANIELLE/ANGIONO INES 200 JAMES ST UNIT 202 EDMONDS, WA 98020-3573 00454800100901 BAKKERJANET 16305 35TH AVE NE LAKE FOREST PARK, WA 98155 00434401500700 BEESON PARTNERS THE C/O D L FOOTH 2003 WESTERN AVE #555 SEATTLE, WA 98121 00454800100100 BENNETT PLACE LLC PO BOX 700 EDMONDS, WA 98020 27032300403800 BORGERT APARTMENTS LLC 751 LAUREL ST EDMONDS, WA 98020 00434401601100 BUCKLIN LAURENCE A 1048 9TH AVE S EDMONDS, WA 98020-3909 00678200030100 CARLSON DAVID C & VICTORIA L 200 JAMES ST UNIT 301 EDMONDS, WA 98020-3573 00887300030500 CLEGG CYNTHIA A 110 3RD AVENUE N UNIT 305 EDMONDS, WA 98020 01016400002000 4TH AVE EDMONDS LLC 19707 44TH AVE W STE 104 LYNNWOOD, WA 98036 00678200020100 ARGENT KEN TRUST 200 JAMES ST UNIT 201 EDMONDS, WA 98020-3573 00813900000200 BAN DOUVERES TRUST 152 3RD AVE S UNIT B EDMONDS, WA 98020-3556 00434401500602 BELLINGHAM KENNETH & SANDRA 1505 10TH PL N EDMONDS, WA 98020 27032300405400 BERESFORD INVESTMENTS LLC 145 THIRD AVE S #200 EDMONDS, WA 98020 00434401600501 BREWMANN LLC 813 12TH PL N EDMONDS, WA 98020 27032300405200 BUCKLIN MARK R 1048 9TH AVE S EDMONDS, WA 98020-3909 00678200020500 CHAPMAN JUDITH B 200 JAMES ST UNIT 205 EDMONDS, WA 98020 00434400101201 COMSTOCK BRIAN & ERIN 411 MAIN ST EDMONDS, WA 98020-3137 00813900000100 00678200040400 00678200010400 COOK JAMES M & MARILYN R CORBITT WILLIAM P & JOANNE E DANGLEIS GARY 152 3RD AVE S UNIT A 200 JAMES ST UNIT 404 200 JAMES ST UNIT 104 EDMONDS, WA 98020 EDMONDS, WA 98020-3573 EDMONDS, WA 98020-3573 Etiquettes d'adiesse Easy Peel i Rehliry a In hx 11111 v If in do mV('l('r It.I,Amid -ol)-uh i ` Packet Pg. 30 270323004044Q,0 00678200030700 00678200010700 DAYTON PLACE LLC DE SAM LAZARO ANTHONY & PATRICIA A DEIGERT ROBERT & JULIET PO BOX 429 629 77TH AVE NE 9138 189TH PL SW EDMONDS, WA 98020-0429 OLYMPIA, WA 98506 EDMONDS, WA 98026 00434400700300 27032300403700 00678200030500 EADIE RICHARD EARLING DAVID 0 & SUSAN J EASTMAN LOIS JEAN 1455 NW 188TH ST 17511 TALBOT RD 200 JAMES ST SHORELINE, WA 98177 EDMONDS, WA 98020 UNIT 305 EDMONDS, WA 98020 27032300408200 00434400700700 00678200030200 EDMONDS 1463 LLC EDMONDS 2020 LLC EL SRIRACHA LLC 17358 BEACH DR NE 307 BELL ST 8825 205TH PL SW SEATTLE, WA 98155 EDMONDS, WA 98020 EDMONDS, WA 98026 00454800100902 00956300030400 00678200040300 ES EDMONDS LLC FARBER DIANE FIENE FREDERICK D 112 3RD AVE S 126 3RD AVE N UNIT 304 200 JAMES ST EDMONDS, WA 98020-3513 EDMONDS, WA 98020 EDMONDS, WA 98020 00956300030100 01016400001300 01016400000900 FLEURY MARCIA J FOOTE LIVING TRUST FORBUSH DAVID L & KATHERINE A 126 3RD AVE N UNIT 301 128 4TH AVE S UNIT 301 PO BOX 1220 EDMONDS, WA 98020-3222 EDMONDS, WA 98020-8459 KELSO, WA 98626 00454800101200 01016400000600 00956300020200 FREDERICKSEN ROY & GRACE GILES DONALD M JR GORDON REVOCABLE LIVING TRUST(1995) PO BOX 488 128 4TH AVE S UNIT 302 7649 BOSTON HARBOR RD NE EDMONDS, WA 98020 EDMONDS, WA 98020-8459 OLYMPIA, WA 98056 00813900000400 00678200040700 00956300020500 HALL HELEN L & BAILEY ROBERT J HARRIS VICTORIA L HESS LIVING TRUST 152 3RD AVE S UNIT D 2261 OLD GARDINER RD #80 126 3RD AVE N UNIT 205 EDMONDS, WA 98020-3596 SEQUIM, WA 98382 EDMONDS, WA 98020-3221 00434401600502 00434401600300 00678200010300 HIRSHBERG J/KOEHLER L/HIRSHBERG W TRUSTE HUI MAIN STREET LLC HUNT LIVING TRUST 10101 SE 3RD #405 2100 22ND AVE S 200 JAMES ST BELLEVUE, WA 98004 SEATTLE, WA 98144 UNIT 103 EDMONDS, WA 98020 27032300404600 00956300030300 00434400601202 HUNT RICHARD S & ROGER P HUNTINGTON MARCIA/CONRAD STACEY JC PROPERTY INVESTMENTS LLC 120 4TH S AVE 4555 SOUTH MISSION RD #549 301 MAIN ST EDMONDS, WA 98026 TUCSON, AZ 85746 EDMONDS, WA 98020-3135 00678200030600 00678200040600 01016400020100 JOHNSON MARGARET M JONES JANE JONES KATHLEEN GAIL 200 JAMES ST UNIT 306 PO BOX 142 128 4TH AVE S UNIT 201 EDMONDS, WA 98020 EDMONDS, WA 98020 EDMONDS, WA 98020 ��ii;Til�TTSSi Etiquettes d'adresse Easy Peel Allez Pat-avrry.coin/potent, i Utilisrztc�a��antHver �ibu t 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00830800020500 MOERKESETH NILS G & EDEL A MSJ PROPERTIES LLC 128 4TH AVE S UNIT 304 654 5TH AVE S STE 300A EDMONDS, WA 98020-8459 EDMONDS, WA 98020 00830800020400 00678200030300 MYERS TROY & CARPENTER LYNN NEFF DONNA & RANDOLPH 120 3RD AVE S UNIT 204 200 JAMES ST EDMONDS, WA 98020-8411 UNIT 303 EDMONDS, WA 98020 00454800101700 00887300030400 OLSEN MARY TRUST PAPAGEORIOU GEORGE 221 2ND AVE N 3924 N 123RD TERRACE EDMONDS, WA 98020-3103 KANSAS CITY, KS 66109 00678200030800 PRUITT CHARLENE A 200 JAMES ST UNIT 308 EDMONDS, WA 98020 00678200010100 REED SUSAN K 200 JAMES ST UNIT 101 EDMONDS, WA 98020-3573 00887300030200 RAMM SHARALYN S 110 3RD AVE N UNIT 302 EDMONDS, WA 98020 00813900000300 ROBINSON PEGGY P LIVING TRUST 6810 S JASMINE COURT CENTENNIAL, CO 80112 00830800020200 LUKE LARRY A & BETTE D 120 3RD AVE S UNIT 202 EDMONDS, WA 98020-8411 00434400601201 MACH KIM KHARCHENKO/MCGLOCKLIN DARREN 6190 S TURQUOISE PL CHANDLER, AZ 85249 00678200010800 MCCRACKEN JON H 200 JAMES ST UNIT 108 EDMONDS, WA 98020 00678200040500 MJEW ENTERPRISES LLC 1040 CROMWELL COVE SNELLVILLE, GA 30078 00434400700402 MURPHY TIMOTHY 760 SOMESET EDMONDS, WA 98020 00678200040800 NEUMAIER ROGER LAURENCE TRUST 200 JAMES ST UNIT #408 EDMONDS, WA 98020 00887300030300 PETERSEN TRUST 110 3RD AVE N UNIT 303 EDMONDS, WA 98020 00813900020200 RATELCO PROP CORP 152 3RD AVE S SUITE 202 EDMONDS, WA 98020 00434400700401 SANGER THOMAS & BETH 121 3RD AVE N EDMONDS, WA 98020-3108 Attachment 7 ; , ww Packet Pg. 32 , me Repositionbl Repliez &1a hachure afin de'20-0037 Se de nea8p& erereoropupUtilisez le gabh a charoement i 1-80C aa.Mv.Iawnqulc Use Avery® Template 51600 27032300A056Q0 SHAW ELLIOT & SONYA/SHAW JOSH 5326 156TH ST SE BOTHELL, WA 98012-4727 00956300030200 STEPHENS KELLY 126 3RD AVE N #302 EDMONDS, WA 98020 01016400001100 STONE ARIEL 128 4TH AVE S UNIT 202 EDMONDS, WA 98020-8459 00434400100101 THIRD AVENUE SOUTH PROPERTIES LLC 229 3RD AVE S STE 301 EDMONDS, WA 98020 00434400101100 TURNER ANN M DAVIS 1122 EMERALD HILLS DR EDMONDS, WA 98020-2945 00434400700100 WA FEDERAL SAVINGS 425 PIKE ST BR 137 SEATTLE, WA 98101 00434400600400 WILSON PAUL A J TRUST PO BOX 458 EDMONDS, WA 98020 AL Bend along line to Feed Paper expose Pop-up EdgeTM 01016400000300 SMITH DARLYNE J TRUST 128 4TH AVE S UNIT 303 EDMONDS, WA 98020-8459 01016400000500 STEVENS JAN T & WILMA A 128 4TH AVE S UNIT 201 EDMONDS, WA 98020-8459 00454800102000 TAMBE LLC 14751 N KELSEY ST STE 105-578 MONROE, WA 98272 00830800020300 THOMAS MARY LOU B 7227 E TOWER MT LN SPOKANE, WA 99223 27032300405500 U S BANK CORP PROP PO BOX 460169 HOUSTON, TX 77056 00678200040100 WEBER MARGARET A\JOSEPH A 200 JAMES ST UNIT 401 EDMONDS, WA 98020 00678200020800 YOUNG JENNIFER MARIE 200 JAMES ST UNIT 208 EDMONDS, WA 98020 WAVERN® 5516 00678200020300 SPIRO ROBERT & JANIS 200 JAMES ST EDMONDS, WA 98020 00434400600300 STEVES RICHARD J 130 4TH AVE N EDMONDS, WA 98020 00434400100102 THIRD AVENUE SOUTH PROPERTIES LLC 2080 3RD ST UNIT 3 SAN FRANCISCO, CA 94107 00454800100300 TINDALL THOMAS R 126 3RD AVE S / PMB_968 EDMONDS, WA 98020 00434400101002 VIXENS LLC 114 4TH AVE N EDMONDS, WA 98020 00434400101202 WILSON GREGORY C & DEBORAH J PO BOX 1298 EDMONDS, WA 98020 01016400020400 ZEPELJANET & BARRY 128 4TH AVE S UNIT 204 EDMONDS, WA 98020-8459 Re ositioo�iment 7 i Repliez A•la hachure afin de i wvv Utiplisez le `a��arie����r gJ��la�0-0037 Sens de rev6ler le rebord Pop-up'"` i 1-80 Packet Pg. 33 9 chargement 2.1.a File No.: PLN2020-0037 Applicant: Diamond Parking CUP DECLARATION OF MAILING On October 27, 2020, the attached Notice of Re -Opened Public Hearing was mailed by the City as prescribed by Ordinance to property owners within 300 feet of the site that is the subject of this application. I, Michelle Martin, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 27th day of October, 2020, at Edmonds, Washington. Signed: Attachment 7 Re -opened Hearing PLN2020-0037 Packet Pg. 34 2.1.a File No.: PLN2020-0037 Applicant: Diamond Parking CUP DECLARATION OF POSTING On October 27, 2020, the attached Notice of Re -Opened Public Hearing was posted as prescribed by Ordinance and in any event where applicable on or near the subject property. I, Michael D. Clugston, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this October 27th day of October, 2020, at Edmonds, Washington. r— Signed: Attachment 7 Re -opened Hearing PLN2020-0037 Packet Pg. 35