NoticeOfDecision_ExpiredApplication_11-21-2013.pdf'I)c. 116 )yo
1215"' Avenue North, Edmonds WA 98020
Phone: 425.771.0220 ® Fax: 425.771.0221 - Web: www.EdmondsWA.gov
DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION
November 21, 2013
Timothy Linehan
9038 15th Avenue NW
Seattle WA 98177
RE. Notice of Type I Action and Decision: 2 Lot Short flat at 1040 6rh Avenue South
.File P'LN20130032 — Monte Cristo Square, LLC
Findinss o fact
On August 16, 2013, the city of Edmonds ("City") notified you that your application was
incomplete and that additional information was necessary to process, review and/or issue a
substantive decision on your application for a short plat at the above address (PLN20130032). A
request that you submit the additional information was also included in said notice, a copy of
which is attached as Exhibit A. You were again notified on September 18, 2013 that your
application was incomplete and that additional information was requested.
It has been more than 90 days since you were first notified (November 14th 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
substantive decision on your application.
Conclusions o/ Law
Edmonds Community Development Code (" ECDC") 20.02.003(D)(2) provides that " [w]henever
the applicant receives a notice that the contents of the application [... ] is insufficient,
ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the
applicant shall have 90 days to submit the necessary information. "
As noted above, you were notified by the City that additional information were necessary on
August 16, 2013, and pursuant to the aforementioned ECDC, you have been afforded 90 days to
submit it before this Type I Action was instigated.
Development Services Department — Planning Division 1121 50' Avenue North, Edmonds WA 98020 1425.771.0220
All code citations can be found online: bttv:/hvtivtiv.rrn-sc.oighnc%dmonds/Edrnondsnt.btml
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 I 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.* It is within the City of Edmonds Development Services Director's authority to
instigate this Type I Action and to issue the decision below.
Decision
Because you have not submitted the additional information requested within 90 days, pursuant to
the above referenced codes, the City is hereby issuing this Notice of Type I Action and Decision
("Notice") that your application has lapsed for lack of information necessary to complete the
review. No further action by the City will be taken on your application. If you believe you
submitted the additional information requested and have supporting evidence, please contact the
City immediately. Otherwise, you will need to make arrangements to pick up your application
materials from the City's planning department within 30 days of this Notice. If no such
arrangements are made timely, your application materials will be destroyed, in accordance with
ECDC 20.02.003.D.3.
According to ECDC 20.02.003.D.4, when an application has lapsed, you may request a refund of
some or all of the preliminary application fee. To do this, submit a letter to the Development
Services Director explaining the circumstances involved in the delay.
Finally, pursuant to RCW 36.70B.130, property owners that are affected by the decision issued in
this Notice may request a change in valuation for property tax purposes notwithstanding any
program of revaluation. Any such request, if applicable, should be directed to Snohomish
County.
Dated this, 21St day of November, 2013.
411
Gina Janieek
Associate Planner
Enclosure
cc: PLN20130032
Development services Department — Planning Division 1121 S°i Avenue North, Edmonds WA 98020 1425,7 71.0220
All code citations can Ge found online: hitp-/hvtiviv rrirsc.or liiic%dmorids/Eclrnondsnt.htrnl