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Type I decision.pdfSeptember 2, 2016 CITY OF EDMONDS 1215 1h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION Becky Todd Lexcom Development 6178 1h Avenue S. Seattle, WA 98104 Subject: Notice of Type I Action and Decision Conditional Use Permit Application PLN20150065 1 ind►n is cal° I act On March 16, 2016, the City of Edmonds ("City") notified you that your application for a conditional use permit at 10307 238th St. SW (PLN20150004) was incomplete and that additional information was required for staff to continue to evaluate the application. On April 28, 2016 I received an email response with some of the information requested in my March 16, 2016 email. It has been more than 90 days since you were notified application Pl N20150065 was incomplete, June 14th was the 901h day based oil my March 161h email, and it has been over 90 days since your last email regarding a pending resubmittal of materials. Without this information the City cannot continue to process, review and/or issue a substantive decision on your application. Conclusions of Law Edmonds Community Development Code ("ECDC") 20.02.003.D.I provides that "Whenever the applicant receives a determination from the city pursuant to subsection (A)(2) of this section that the application is incomplete, the applicant shall have 90 days to submit the necessary information. " As noted above, you were notified by the City on March 16, 2016 that the application was incomplete and that additional information was necessary. Pursuant to the aforementioned ECDC, you had been afforded 90 days to submit the required information before this Type I Action was instigated. 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 initiate this Type I Action and to issue the decision below. Decision Since the items required for a complete application have not submitted within 90 days, pursuant to the above referenced codes, the City is hereby issuing this Notice of Type I Action and Decision ("Notice") that application PLN20150065 for a conditional use permit at 10307 238tH St. SW 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 2nd day of September, 2016. Sean ConradY Associate Planner