2024-01-04 Hearing Examiner Minutes`7C. 18y�
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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: Brackett Court Townhomes
Preliminary Plat
Unit Lot Subdivision
PLN2023-0047
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION
INTRODUCTION
The applicant is proposing to subdivide an existing 10-unit residential project at 23220
Edmonds Way. The dwelling units are grouped into five duplex townhome buildings,
surrounding an access tract off Edmonds Way. The proposed unit lot subdivision
would create a fee -simple lot for each of the 10 dwelling units together with a jointly
owned space for access and utilities The application is approved subject to conditions.
ORAL TESTIMONY
Only a representative of the applicant, Gorden Smith, and Mr. Clugston were present
at the hearing. Mr. Smith noted that the permit application doesn't change anything
already built and approved except the addition of lot lines. Mr. Smith looks forward to
enabling home ownership for the dwellings of the project once the application is
approved.
EXHIBITS
The December 7, 2023 staff report and its 14 exhibits identified at page 1 of the staff
report were admitted during the January 4, 2024 hearing.
Preliminary Plat P. 1 Findings, Conclusions and Decision
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FINDINGS OF FACT
Procedural:
1. Applicant/Owner. Kautz Route LLC, c/o Steve Price, Post Office Box
31097, Seattle, WA 98103.
2. Hearing. A hybrid hearing was held at the City of Edmonds Brackett's
Room in Edmonds City Hall on the application on January 4, 2024 at 3:00 pm via
Zoom. Only the Applicant and
Substantive:
3. Site/Proposal Description. The applicant is proposing to subdivide an
existing 10-unit residential project at 23220 Edmonds Way. The dwelling units are
grouped into five duplex townhome buildings, surrounding an access tract off Edmonds
Way. The proposed unit lot subdivision would create a fee -simple lot for each of the
10 dwelling units together with a jointly owned space for access and utilities.
There will be no change to the existing physical improvements at the site. Appropriate
maintenance provisions and easements will be established for the jointly owned areas
and improvements, which will be managed through a homeowners' association created
for the project.
The existing project improvements were reviewed, approved, and constructed through
the following permits: Design review (PLN2013-0066); fill/grade site improvements
(BLD2014-0299); building permits (BLD2014-0240, -0241, -0242, -0243 and-0244).
4. Characteristics of the Area. As shown on the zoning and vicinity map in
Exhibit 3, the subject property and the property to the south are zoned Multiple
Residential (RM-1.5), while the property to the west is zoned Single -Family
Residential (RS-8), and the property to the north is zoned Neighborhood Business
(BN). The parcels east of Edmonds Way (State Route 104) are in Esperance, which is
an area of unincorporated Snohomish County surrounded by Edmonds. A mix of
residential uses and a few commercial uses are nearby in that area.
5. Adverse Impacts. There are no significant adverse impacts created by the
proposal. The City issued a Determination of Nonsignificance (DNS) for the proposed
project on January 21, 2014. Impacts are more specifically addressed as follows:
A. Critical Areas. Consistent with ECDC 23.40, the subject property was
inspected for critical areas under file CRA2013-0117. It was determined that
the site does not contain any critical areas and so a waiver from further critical
area study was granted.
Preliminary Plat p. 2 Findings, Conclusions and Decision
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B. Hazardous Conditions and Environmental Impacts. The staff report (Exhibit
15, Section IV(D)) concludes that no hazards are associated with the proposal.
The potential for environmental impacts associated with the prior construction
and continued use of the project were addressed during the design review phase.
No additional environmental impacts are anticipated from this unit lot
subdivision, which will simply create parcel lines over the built -out site.
C. Land Use Impacts. The staff report concludes that there will not be any land
use impacts associated with the proposal. Planning staff have assessed the
applicability of the Unit Lot Subdivision process and requirements (ECDC
20.75.045) to the proposal in their Staff Report and have determined that the
subject application is complete and consistent. Staff analysis at Section E(2) of
Staff Report identifies that the proposal is consistent with applicable
Comprehensive Plan goals and policies. Staff had additionally concluded that
the proposal meets all procedural, dimensional and access standards established
for unit lot subdivisions.
6. Adequacy of Infrastructure and Public Services. The proposal has been
subject to prior review as to adequacy of infrastructure and public services to serve the
existing development (Design review (PLN2013-0066); fill/grade site improvements
(BLD2014-0299); building permits (BLD2014-0240, -0241, -0242, -0243 and-0244)).
Additionally, the subject proposal to establish a fee -simple lot for each of the 10
dwelling units together with a jointly owned space for access and utilities via unit -lot
subdivision was reviewed by the Building and Engineering Divisions. The Building
Division indicated that separate building permits are required for each new lot and that
a stamped survey from a licensed surveyor was needed showing the proposed property
lines in alignment with existing party walls (Exhibit 13). The survey is included as the
base layer for the preliminary plat map in Exhibit 6 and the required building permits
have been applied for (BLD2023-1361 through BLD2023-1371). The Engineering
Division has noted the proposed plat indicates general engineering feasibility (Exhibit
14). Specific conditions have been proposed by Engineering and Building staff to
ensure compliance with unit lot subdivision requirements. As conditioned by this
decision, adequate infrastructure will serve the development as follows:
A. Drainage: The City's drainage standards impose detailed requirements that
mandate that the proposal maintain pre -development off -site stormwater flow
volumes and velocities. On -site stormwater facilities were designed and
constructed to serve the site and were accepted by the City prior to issuance of
any Certificates of Occupancy. Consequently, no significant stormwater
impacts to adjoining properties are anticipated.
B. Transportation: The proposal provides for adequate and appropriate
transportation facilities. Required on -site improvements associated with the
construction of the project were installed and accepted by the City prior to
issuance of any Certificates of Occupancy. Transportation Impact Fees were
collected for each dwelling unit at time of building permit.
Preliminary Plat p. 3 Findings, Conclusions and Decision
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C. Parks and Open Space: According to ECDC 20.75.090, before or concurrent
with the approval of the final plat of any subdivision, the subdivider shall
dedicate land, pay a fee in -lieu of dedication, or do a combination of both, for
park and recreational purposes. With the adoption of Ordinance 3934 in 2013,
park impacts are now addressed through the assessment of park impact fees in
accordance with Edmonds City Code (ECC) Chapter 3.36. No park dedication
is required with the subdivision. Park impact fees were assessed at time of
issuance of the building permits consistent with ECC 3.36.
D. Water and Sewer: The Olympic View Water and Sewer district is the water
and sewer supplier for the project site and all on -site units are currently served.
Required water and sewer improvements associated with the construction of the
project were installed and accepted prior to issuance of any Certificates of
Occupancy.
E. Schools and Walking Conditions to Schools: The subject site is served by
adequate and appropriate school facilities and safe walking conditions to and
from school. The 2020-2025 Capital Facilities Plan adopted by the Edmonds
School District shows adequate funding for capital school facilities without the
need for school impact fees or any additional mitigation from the proposal. As
identified in the staff report safe walking conditions, including walking
conditions to schools that serve the site, are provided as there are existing
sidewalks along Edmonds Way and crosswalks at the 232nd and 236th Street
intersections near the project site.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ECDC 20.01.003 provides the Hearing
Examiner with the authority to hold a hearing and issue a final decision on preliminary
plat applications, classifying them as Type III -A applications.
Substantive:
2. Zoning Designation. The subject property is zoned Multiple Residential
(RM-1.5).
3. Review Criteria and Application. Chapter 20.75.045 ECDC establishes the
requirements for Unit Lot Subdivisions and Chapter 20.75 ECDC governs the review
criteria for subdivisions. Relevant criteria are quoted below and applied through
corresponding conclusions of law.
Unit Lot Subdivision
Preliminary Plat
p. 4 Findings, Conclusions and Decision
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ECDC 20.75.045(A): Purpose. The unit lot subdivision process provides opportunities
for dividing fee simple ownership of land to create townhouses, rowhouses and similar
fee -owned dwelling units as an alternative to both condominium ownership and
traditional single-family detached subdivision. Unit lot subdivisions determine
compliance with the relevant dimensional standards of ECDC Title 16 by analyzing
whether the parent lot complies, but not requiring that each newly created lot within the
unit lot subdivision (the unit lot) complies, with those dimensional standards. A unit lot
subdivision does not permit uses or densities that are not otherwise allowed in the
zoning district in which the unit lot subdivision is proposed.
5. The proposal is consistent with the purpose of Unit Lot Subdivisions for the reasons
identified at Section IV(D) of the staff report and summarized in Finding No. 5. The
proposal is both applicable and consistent with the requirements for Unit Lot
Subdivisions.
ECDC 20.75.045(B): Applicability. The provisions of this section apply exclusively to
the subdivision of land for single-family dwelling units, townhouses, and rowhouses and
may be applied only in the following zones: multiple residential, general commercial,
and Westgate mixed -use. A single lot within a unit lot subdivision may contain multiple
dwelling units when the unit lot contains all such dwelling units within one building.
Flats are permitted as an element of a unit lot subdivision only when a single lot within
a unit lot subdivision contains the entire building in which flats are located.
6. The proposal is consistent with this requirement. The site is zoned Multiple
Residential (RM-1.5) and consists of five duplex buildings around a central access tract.
The proposed lot lines will fall on both common walls within the buildings and also
provide for small areas of privately -owned open space (Exhibit 6). No flats are
proposed, as can be seen on the approved plan sheets from the original building permits
(Exhibit 8). Each of the dwelling units is vertically aligned with two levels of living
space over a garage and storage space.
ECDC 20.75.045(C): Association with Site Development — Application Timing. In the
case of a vacant lot or a redevelopment site, a preliminary unit lot subdivision can only
be submitted in conjunction with or preceding a development site plan as required by
Chapter 20.10, 20.11, or 20.12 ECDC, or in the case described in ECDC
20.10.020(B)(3) submitted in conjunction with or preceding a building permit. For
existing developed sites, a preliminary unit lot subdivision application may be submitted
at any time. If the subdivision involves creating unit lot lines within common walls, a
building permit application is required in order to verify that the walls meet the
separation requirements in effect at the time of the subdivision application.
7. This requirement is met. Staff reviewed and approved the design of the project and
building permits in 2014 (BLD2014-0240, 0241, 0242, 0243 and 0244) and the
buildings were granted certificates of occupancy in 2017. The preliminary plat
application was submitted July 2023.
Preliminary Plat
p. 5 Findings, Conclusions and Decision
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ECDC 20.75.045(D): Conformance with Standards of the Parent Lot. The parent lot
must comply with and is vested to the applicable development standards (ECDC
20.75.030(E)) in effect at the time a complete application for preliminary unit lot
subdivision is submitted. As a result of the unit lot subdivision, the individual unit lots
within the subdivision may be nonconforming with respect to the bulk and dimensional
standards required by ECDC Title 16.
As with dimensional standards, compliance with access standards, including but not
limited to fire lanes, drive aisles, turnarounds, and access of/to the parent lot from/to
the street will be evaluated based on the parent lot's compliance with such
requirements, and not based on whether individual unit lots meet such standards.
8. This requirement is met. As determined in the Staff Report in Section IV(D)(4), the
property was developed to Multiple Residential (RM-1.5) standards; the zoning remains
unchanged. Multiple dwellings are a primary permitted use in the zone.
ECDC 20.75.045(E): Future Additions and Modifications. Subsequent platting actions,
additions or modifications to the structures) may not create or increase any
nonconformity of the parcel lot. Changes requiring permitting that affect only the
interior of building units will be evaluated for compliance with the requirements only
for that unit. Any exterior changes will be evaluated for compliance by considering
whether the parent lot would still comply with applicable development standards. Any
application for such external changes will require authorization of all owners of
affected unit lots or approval of the HOA where changes to commonly owned tracts are
proposed.
9. This requirement has been met. Staff has indicated that preliminary documentation
describing how additions and modifications will be managed by the homeowners'
association has been provided and will be further reviewed with the associated final plat
(Exhibits 10 and 11).
ECDC 20.75.045(F): Homeowners' Association Ownership of Common Areas. Any
commonly used areas or facilities within a unit lot subdivision, including but not limited
to common access, garage or parking areas, common open space or recreation space,
common courtyards, commonly used stormwater facilities or side sewers and other
similar features, must be owned and maintained by a homeowners' association with the
right to assess the individual unit lot owners as necessary to properly maintain and
repair such areas. Appropriate documentation regarding the rights of the homeowners'
association must be submitted for recording with the final plat.
10. This requirement has been met. Staff has indicated that preliminary documentation
has been provided and will be required with the submittal of the final plat (Exhibits 10
and 11).
Preliminary Plat
p. 6 Findings, Conclusions and Decision
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ECDC 20.75.045(G): Maintenance Agreements for Building Exteriors. Maintenance
agreements must be executed and recorded as an element of the final unit subdivision
plat or short plat for maintenance of all building exteriors except in cases where all
dwelling units are detached. The maintenance agreement must require equal
participation by all owners within any one building and must be recorded on the final
unit lot plat. The requirement does not apply to detached single-family dwelling units.
Common wall construction must meet currently adopted building codes.
11. This requirement has been met. Staff has indicated that as the dwelling units are
attached in this instance, maintenance agreements for building exteriors will be required
with the submittal of the final plat for the project (Exhibits 10 and 11).
ECDC 20.75.045(H): Parking on Different Unit Lots Allowed. Within the parent lot,
required parking for a dwelling unit may be provided on a different unit lot than the lot
with the dwelling unit as long as the right to use that parking is formalized by an
easement on the final plat.
12. This requirement is not applicable. As shown on Exhibits 7 and 8, the required
parking for each of the units is internal to that unit and there is no shared exterior or
guest parking on the site. As a result, no parking easements are required.
ECDC 20.75.045(I): Notice of Unit Lot on the Final Plat. The fact that the unit lot is
not a separate buildable lot and that additional development of the individual unit lots
may be limited as a result of the application of development standards to the parent lot
must be noted on the final plat.
13. As conditioned, this requirement has been met. A note to this effect must be added
to the face of the final plat for the project.
ECDC 20.75.045(J): An application for final unit lot plat will not be accepted until all
foundations, including common wall foundations, are installed and located on the face
of the final plat by the land surveyor of record.
14. This requirement has been met. The buildings were constructed and were granted
certificates of occupancy in 2016 - 2017. The application for final plat may be submitted
at any time after the approval of the preliminary plat.
ECDC 20.75.045(K): Review. Unit lot subdivisions of four or fewer lots are processed
and reviewed as short subdivisions while five or more lots are formal subdivisions
pursuant to Chapter 20.01 ECDC and the requirements of this chapter.
15. This requirement has been met. The subject application is a 10-lot formal
subdivision where the Hearing Examiner issues a Type III -A decision following a public
hearing.
Preliminary Plat
p. 7 Findings, Conclusions and Decision
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Subdivision Review Criteria
ECDC 20.75.080(A): General findings. A proposed subdivision may be approved only
if all of the following general findings can be made for the proposal, as approved or as
conditionally approved:
A. Subdivision Ordinance. The proposal is consistent with the purposes of this chapter
(as listed in ECDC 20.75.020) and meets all requirements of this chapter.
16. The proposed subdivision is consistent with ECDC 20.75.020 and all the
requirements of ECDC 20.75. The proposed subdivision will not create any significant
adverse impacts and has provided for appropriate infrastructure as determined in
Findings of Fact No. 5 and 6. For these reasons, as intended by ECDC 20.75.020, the
proposal will not negatively impact public health, safety or general welfare, will not
negatively impact congestion on streets and highways, and will have adequate access to
water, utilities, sewerage, storm drainage and will provide proper ingress and egress.
ECDC 20.75.080(B): Comprehensive Plan. The proposal is consistent with the
provisions of the Edmonds Comprehensive Plan, or other adopted City policy, and is in
the public interest.
17. The proposal is consistent with the comprehensive plan for the reasons identified
at Section E2 of the staff report. Most pertinent to the policies listed therein, the
proposal provides additional home ownership opportunities in the City of Edmonds.
The unit lot sites should be more affordable than traditional single family development
because the parcels and dwelling units are smaller.
ECDC 20.75.080(C): Zoning Ordinance. The proposal meets all requirements of the
zoning ordinance, or a modification has been approved as provided for in this chapter.
18. The proposal is consistent with the City's zoning ordinance for the reasons
identified at Section E3 of the staff report. The development was reviewed, approved
and constructed in accordance with the codes in effect at the time of building permit
application and the zoning is unchanged since the original approvals.
ECDC 20.75.080(D): Floodplain Management. The proposal meets all requirements
of the Edmonds Community Development Code relating toFoodplain management.
19. The proposed project is not located within a designated flood plain management
area.
ECDC 20.75.085(A): Environmental.
1. Where environmental resources exist, such as trees, streams, ravines or wildlife
habitats, the proposal shall be designed to minimize significant adverse impacts to
the resources. Permanent restrictions may be imposed on the proposal to avoid
impact.
Preliminary Plat P. 8 Findings, Conclusions and Decision
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2. The proposal shall be designed to minimize grading by using shared driveways
and by relating street, house site and lot placement to the existing topography.
3. Where conditions exist which could be hazardous to the future residents of the land
to be divided, or to nearby residents or property, such as flood plains, steep slopes
or unstable soil or geologic conditions, a subdivision of the hazardous land shall be
denied unless the condition can be permanently corrected, consistent with
paragraphs A(1) and (2) of this section.
4. The proposal shall be designed to minimize off -site impacts on drainage, views
and so forth.
20. The criterion is satisfied. As determined in Finding of Fact No 5A, there are no
critical areas located on the site and a critical areas waiver was previously issued. As
determined in Finding No 5B, there will be no change to the existing buildings and site
improvements through this unit lot subdivision so there will be no additional
environmental impacts.
ECDC 20.75.085(B): Lot and Street Layout.
1. Lots shall be designed to contain a usable building area. If the building area
would be difficult to develop, the lot shall be redesigned or eliminated, unless
special conditions can be imposed on the approval which will ensure that the
lot is developed properly.
2. Lots shall not front on highways, arterials or collector streets unless there is
no other feasible access. Special access provisions, such as shared driveways,
turnarounds or frontage streets may be required to minimize traffic hazards.
3. Each lot shall meet the applicable dimensional requirements of the zoning
ordinance.
4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks,
public facilities, shorelines and streams where street access is not adequate.
21. The criterion is met. As shown in Section F2a of the staff report, all proposed lots
contain a buildable area comprised of one of the existing ten dwelling units and a small
private yard. As shown in Section F2b of the staff report, access issues associated with
frontage on a state highway (Edmonds Way — SR 104) were considered and addressed
during prior review. All ten proposed unit lots will front the central access drive (Tract
999) which connects with Edmonds Way. This arrangement was approved as part of the
prior associated design review and building permits. As shown in Section F2c of the staff
report, the parent lot complies with the development standards for the zone but the
individual unit lots do not. In this case, there is no minimum lot width requirement in
the RM-1.5 zone. The minimum lot area requirement of 1,500 sq. ft. per dwelling unit
is met across the parent parcel. The parent lot is 19,956 sq. ft., which yields a maximum
of 13 possible dwelling units at the site; ten units were built. Each proposed lot will be
between 858 and 1,399 sq. ft. and contain a dwelling unit, garage parking spaces, and a
small private yard. As determined in Finding No 6B and 6E, adequate pedestrian and
bicycle facilities and safe walking routes to schools have been provided.
ECDC 20.75.085(C): Dedications.
Preliminary Plat
P. 9 Findings, Conclusions and Decision
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1. The City council may require dedication of land in the proposed subdivision
for public use.
2. Only the City council may approve a dedication of park land to satisfy the
requirements of ECDC 20.75.090. The council may request a review and written
recommendation from the planning advisory board.
3. Any approval of a subdivision shall be conditioned on appropriate dedication
of land for streets, including those on the official street map and the preliminary
plat.
22. As determined by City Engineering Division Staff in Exhibit 14, no dedications
are required. In regard to park land dedications required under ECDC 20.75.090, a fee
in -lieu was assessed for the Brackett Court Townhomes with building permits
BLD2014-0240 — 0244 at the time of permit issuance.
ECDC 20.75.085(D): Improvements.
1. Improvements which may be required, but are not limited to, streets, curbs,
pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines,
sewage systems, drainage systems and underground utilities.
2. The person or body approving a subdivision shall determine the improvements
necessary to meet the purposes and requirements of this chapter, and the
requirements of
a. ECDC Title 18 Public Works Requirements;
b. Chapter 19.21 Fire Code, as to fire hydrants, water supply and access.
This determination shall be based on the recommendations of the community
development director, the public works director, and the fire chief.
c. The use of septic systems may be approved if all of the following conditions are
met:
i. It is more than 200 feet, multiplied by the number of lots in the
proposed subdivision, from the nearest public sewer main to the
nearest boundary of the land to be divided.
ii. The land to be divided is zoned RS-20.
iii. The public works director and city health officer determine that
soil, drainage and slope conditions are satisfactory for septic use
and that all requirements of WAC 248-96-090 are met.
23. This criterion is met. Improvements were reviewed, approved by appropriate staff,
constructed and accepted by the City prior to issuance of a Certificate of Occupancy.
There are no septic systems included as part of the proposed project. No additional
improvements are required for the unit lot plat.
Further, since RCW 58.17.110 mandates that preliminary plats may not be approved
absent a finding of appropriate infrastructure, the criterion above is broadly construed
to meet the findings required by RCW 58.17.110 and those findings are made as
detailed in Finding No. 6.
Preliminary Plat P. 10 Findings, Conclusions and Decision
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ECDC 20.75.085(E): Flood Plain Management. All subdivision proposals shall
comply with the criteria set forth in the Edmonds Community Development Code for
flood plain management.
24. This project is not in a Flood Plain Management area.
DECISION
As conditioned below, the proposed preliminary plat conforms to all required criteria
for approval for the reasons detailed in the Conclusions of Law above. The conditions
necessary to assure compliance and required by this Decision are as follows:
1. Prior to recording, the applicant must complete the following requirements:
a) Obtain approval of building permits BLD2023-1361 through BLD2023-
1371 and comply with any associated conditions.
b) Complete the Engineering Division conditions listed "Required as a
Condition of Subdivision" in Exhibit 14.
c) Make the following revisions to the plat:
(1) Add: "Conditions of approval must be met and can be found in
the approval for the subdivision located in File No. PLN2023-0047
in the City of Edmonds Planning Division."
(2) Include on the plat all required information, including owner's
certification, hold harmless agreement, as well as the Development
Services, Public Works, and Mayor's approval blocks.
(3) Add the unit addresses to the face of the plat.
(4) Add notice consistent with ECDC 20.75.045.I.
d) Make sure all documents to be recorded meet the Snohomish County
Auditor's requirements for recording.
2. Submit any revised homeowners' association and conditions, covenants and
restrictions documentation including requirements for future additions and
modification, the maintenance of building exteriors, and all other jointly
owned facilities.
3. Submit an updated copy of the title report with the documents proposed to be
recorded. The title report must be prepared within 30 days of submittal for
final review.
4. Submit at least one copy of the plan sheets to be recorded for City review and
approval. Once approved, the City Clerk will record the final signed
documents at the Snohomish County Auditor's office.
Dated this 4th day of January 2024.
A" D64zao
City of Edmonds Hearing Examiner
Preliminary Plat P. 11 Findings, Conclusions and Decision
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Appeal Right and Valuation Notices
This is a final land use decision issued by the City of Edmonds, which may be appealed b
Snohomish County Superior Court within 21 days of issuance as governed by th
Washington State Land Use Petition Act, Chapter 36.70C RCW.
Affected property owners may request a change in valuation for property tax
notwithstanding any program of revaluation.
Preliminary Plat
p. 12 Findings, Conclusions and Decision