Loading...
PLN2022-0101 Expiration LetterCITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa. PLANNING & DEVELOPMENT DEPARTMENT • PLANNING DIVISION `nC. 1 gym DATE: April 26, 2023 TO: WESI FROM: Rose Haas, Planner rose.haas@edmondswa.gov RE: Expired Application - Notice of Type I Action and Decision PLN2022-0101 19509 88th Ave W Lot Line Adjustment Findings of Fact On January 19. 2023, the City of Edmonds Planning Department notified you that additional information would be necessary to process, review and/or issue a decision on your Type I permit application at the above address. The Planning Department also requested that you submit additional information. A copy of that letter is attached. It has been more than 90 days since you were notified (April 19, 2023 was the 90th day), but current records indicate that you have not submitted the information requested by the City. Again, without this information the City cannot continue to process, review and/or issue a 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 [J is insufficient, ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the applicant shall have 90 days to submit the necessary information. If circumstances warrant, the applicant may apply in writing to the director requesting a one-time 90-day extension. The extension request must be received by the city prior to the end of the initial 90-day compliance period." As noted previously, the Planning Department notified you that additional information would be necessary to support the referenced Type 1 application on January 19, 2023. You had 90 days to submit the requested information or apply for the one-time 90-day application extension as noted in the code above. 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 or applied for an application extension. It is within the City of Edmonds Planning & Development Department's authority to consider this Type I Action and to issue the decision below. Decision 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: the 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 or an extension request and have supporting evidence, please contact the City immediately. According to ECDC 20.02.003(D)(4), when an application has lapsed, you may request a refund of some or all of the preliminary application fee. To do this, submit in writing an explanation of the circumstances involved in the delay. Finally, pursuant to RCW 36.7013.130, 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. Thank you, ROSE HAAS, Planner CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PLANNING & DEVELOPMENT DEPARTMENT • PLANNING DIVISION DATE: January 19, 2023 TO: WESI FROM: Rose Haas, Planner rose.haas@edmondswa.gov RE: Complete Application — More Information Required PLN2022-0101 19509 881h Ave W Lot Line Adjustment Pursuant to Sections 20.02.002 and 20.75.050 of the Edmonds Community Development Code (ECDC), your land use application for a lot line adjustment at 19509 88th Ave W (PLN2022-0105) meets the procedural submission requirements and is considered complete in accordance with ECDC 20.02.003. While the application is procedurally complete, you must submit required additional information and clarifications prior to our continued review of the application. Please respond to each of the comments in a cover letter and by providing updated plans or other materials as necessary. 1) Setback Reduced for Nonconforming Structures: The submitted Title Report does not indicate a recorded access easement to the north of 19509 88th Ave W with shared access to 19507 88th Ave W. The creation of a new recorded access easement would alter setback requirements for the adjacent properties (ECDC 21.55.020, 21.90.020, and 21.55.040). The proposed lot line adjustment cannot reduce the setbacks of existing structures below the minimum requirements and increase the nonconformity of the existing nonconforming setbacks (ECDC 20.75.050(C)(2)). See the illustration: 2) Modification to a Recorded Short Plat: According to the submitted Title Report, the recorded short plat (S-19-90) created 19509 and 19507 88t" Ave W, with 19507 granted access to 88t" Ave W via the southern panhandle. The new proposal would create a recorded easement on the north property line. Pursuant to ECDC 20.75.110(B), a new subdivision application is required to alter a recorded short -plat. We consider the creation of a new access easement an alteration of the recorded short -plat (S-19-90). A short -plat application is a Type II -A decision pursuant to ECDC 20.01.003, 1 have attached our Preliminary Plat Review Handout for the application requirements. You can apply for a Short Subdivision on MyBuildingPermit.com. You will select: • Application Type: Land Use • Project Type: New • Activity Type: Land Division • Scope of Work: Short Subdivision Participating in Development Review Committee meeting to discuss future land use planning for the site may be the best option at this time. Development Review Committee meetings are a no -cost opportunity to meet with staff to identify significant development issues that relate to the project. You can apply for a Development Review Committee Meeting on MVBuildingPermit.com. You will select: • Application Type: Building • Project Type: Any Project Type • Activity Type: Preapplication Services • Scope of Work: Development Review Committee Meeting According to ECDC 20.02.003(D), the above requested information must be submitted within 90 days (or by April 19, 2023) or the application will expire. I will be the main staff contact for your application. If you have questions at any point during the review process, you may reach me at 425-771-0220, ext 1372 or via email at rose.haas@edmondswa.gov Sincerely, ROSE HAAS, Planner