Lewis Extension CU-06-83.pdfCITY OF EDMONDS
121 -- 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
EXTENSION REQUEST
DECISION
To:
File # CU-2006-0083
From:
Mike Clugston
Planner
Date:
SEPTEMBER 27, 2007
File:
CU-06-83
I. INTRODUCTION
A. Application
1. Applicant: Darryl and Sherri Lewis
2. Site Location: 1142 Sierra Place
3. Request: An extension of an approved Conditional Use Permit (CU-06-83) for land
clearing/tree cutting at 1142 Sierra Place.
4. Review Process: Extension of Time, Planning Staff makes final decision.
5. Major Issues:
a. Compliance with Edmonds Community Development Code (ECDC) Chapter 18.45 (Land
Clearing and Tree Cutting Code).
b. Compliance with Edmonds Community Development
Code (ECDC) Chapter 20.05
(Conditional Use Permits).
c. Compliance with Edmonds Community Development
Code (ECDC) Chapter 20.95
(Application and Staff Review).
d. Compliance with Edmonds Community Development
Code (ECDC) Chapter 23.40
(Environmentally Critical Areas General Provisions).
e. Compliance with Edmonds Community Development
Code (ECDC) Chapter 23.80
(Geologically Hazardous Areas).
B. Description of Proposal
The applicant submitted an application (Attachment 1) and letter (Attachment 2) requesting an
extension of the Conditional Use Permit for tree cutting (CU-06-83) for an additional nine months.
The original permit application was submitted on June 16, 2006 and approved on September 21,
2006. Conditional Use Permits are valid for one year unless an application for extension is
received prior to the expiration date. In this case, the extension was filed on September 13, 2007,
which was prior to the expiration of CU-06-83 on September 21, 2007.
Lewis Extension Request
File No. CU-06-83
Page 2 of 3
C. Decision
Based on statements of Fact, Conclusions and Attachments in this report, the extension request is
approved. This extension will be valid until June 27, 2008. No further extensions shall be
granted.
II. FINDINGS OF FACT AND CONCLUSIONS
A. Request
1. Facts:
a) The applicant was granted the Conditional Use Permit to remove select trees at the
subject site in order to facilitate the soils testing necessary to complete a geotechnical
report.
b) Edmonds Community Development Code (ECDC) Section 20.05.020.0 states: "Unless
the owner obtains a building permit, or if no building permit is required, substantially
commences the use allowed within one year from the date of approval, the conditional use
permit shall expire and be null and void, unless the owner files an application for an
extension of the time before the expiration date."
c) The applicant filed for an extension of the Conditional Use Permit (CU-06-83) on
September 13, 2007, prior to the expiration of the permit on September 21, 2007.
d) ECDC Section 18.45.045.0 states: "Any permit granted under the provision of this
section shall expire one year from the date of issuance. No work may commence on the
permit until the appeal time limit has expired. Upon receipt of a written request, a permit
may be extended for six months."
e) ECDC Section 23.80.070.A.5 states: "Clearing shall be allowed only from May ls` to
October 1 s` of each year; provided, that the director may extend or shorten the dry season
on a case -by -case basis depending on actual weather conditions."
f) The Critical Areas Variance/Reasonable Use Exception (V-04-08) granted the applicant
pursuant to ECDC Section 23.40.210 is vested under the Conditional Use Permit for tree
cutting (CU-06-83). Extension of CU-06-83 would therefore extend V-04-08 for a like
time.
2. Conclusions:
a) The applicant filed an extension of the conditional use permit (CU-06-83) in a timely
manner.
b) While extensions of tree cutting permits are normally allowed for six months according to
ECDC Section 18.45.045.C, clearing is prohibited from October through April according
to ECDC Section 23.80.070.A.5. As a result, the proposed nine -month extension allows a
reasonable time after the wet season ends to complete the permit requirements.
c) The nine -month period shall commence from the time of the approval of this extension.
III. RECONSIDERATION AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information and fees.
Lewis Extension Request
File No. CU-06-83
Page 3 of 3
A. Request for Reconsideration
Section 20.95.050.B.2 allows for the staff to reconsider their decision or recommendation if a
written request is filed within ten (10) working days of the date of the initial decision. The
reconsideration request should cite specific references to the findings and/or the criteria contained
in the ordinances governing the type of application being reviewed.
B. Appeals
Section 20.105.020.A & B describe how appeals of a staff decision or recommendation shall be
made. The appeal shall be made in writing, and shall include the decision being appealed along
with the name of the project and the date of the decision, the name of the individual or group
appealing the decision, their interest in the matter, and reasons why the appellant believes the
decision to be wrong. The appeal must be filed with the Community Development Director within
14 calendar days after the date of the decision being appealed.
C. Time Limits for Reconsideration and Appeals
The time limits for Reconsiderations and Appeals run concurrently. If a request for a
reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for
filing an appeal is stopped until a decision on the reconsideration request is completed. Once the
Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing
an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the
appeal period, an individual would have 9 more days in which to file an appeal after the Hearing
Examiner issues his decision on the reconsideration request.
IV. ATTACHMENTS
1. Land Use Application
2. Extension request
V. PARTIES OF RECORD
Darryl Lewis
1445 NW 186`" St.
Shoreline, WA 98177
Mr. and Mrs. Dreyer
1142 Vista Place
Edmonds, WA 98020
Todd and Candy Brown Katherine Ericson
1135 Sierra Place PO Box 757
Edmonds, WA 98020 Edmonds, WA 98020
Planning Division
Engineering Division
Public Works Department
Fire Department
Parks Department