Ordinance 2245„ MAE/bjf
10/29/81
ORDINANCE NO. 2245
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, AMENDING COMMUNITY DEVELOPMENT CODE
SECTIONS 20.95.050, SUBSECTIONS A AND B,
AND 20.100.010(B) TO PERMIT STAFF APROVAL
OF CERTAIN CONDITIONAL USE PERMITS UNDER
THE OPTIONAL HEARING PROCEDURE AND
PROVIDING FOR RECONSIDERATION BY THE STAFF
OF ONE OF ITS DECISIONS.
WHEREAS, the Edmonds Community Development Code
currently requires that a conditional use permit be obtained
for guest houses and fences over six feet in height and that
these conditional use permits must be reviewed by the Hearing
Examiner, and
WHEREAS the City Council finds that a significant
amount of the Hearing Examiner's time is spent reviewing
conditional use permits applications for guest houses and
fences over six feet in height, when such review could be
accomplished by the staff under the optional hearing procedure
without detriment to the public health, safety and welfare, and
WHEREAS, the review of conditional use permits
applications for these uses should be reviewed and approved or
denied by the staff, thereby reserving the Hearing Examiner's
time, for which the City incurs a fee, for applications
proposing a more signficant impact on the community, and
S
WHEREAS the City Council finds that the best
interests of the City would be served if a procedure for staff
reconsideration of its decisions be established in order to
save costly time and money spent on unnecessary appeals to the
Hearing Examiner, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code
Section 20.95.050A is hereby amended to permit staff approval
of conditional use permits for guest houses and fences over six
feet in height, as follows:
"20.95.050 STAFF DECISION - OPTIONAL HEARING
A. Scope. The following permits and approvals are reviewed
under this procedure:
1. Setback adjustments.
2. Extensions of time for subdivisions, conditional use
permits, and planned residential developments.
3. Minor changes to a preliminary approval of a
subdivision.
4. Lot line adjustments.
5. Home occupations.
6. Joint use of parking.
7. Guest houses.
8. Fences over six feet in height.
9. Such other matters as specifically referred by the
City Code."
Section 2. The Edmonds Community Development Code
Section 20.95.050B is hereby amended to provide for the
reconsideration of staff decisions as follows:
Q►S
"B. Procedure. The Planning Director or designee, shall
decide whether to approve, conditionally approve, or deny
the application based upon the staff report.
1. Notice. The Director shall give notice of the
decision as specified in Section 20.90.010. The
notice shall contain at least the following:
a. A general description of the proposal and
decision.
b. A non -legal description or map of the location of
the property including the street address, if
there is one.
C. The place where further information is available.
d. The date on which the reconsideration or appeal
period ends which shall be no less than ten days
from the date of posting.
e. A statement that the preliminary decision will
become final unless a request for staff
reconsideration is filed with the Planning
Department on or before the date specified by the
notice and that the Planning Director's decision
following such reconsideration will become final
unless a written appeal is filed with the
Planning Department on or before the date
specified in the notice of such reconsideration
decision.
2. Reconsideration. If a written request for recon-
sideration or clarification of the staff decision is
filed with the Planning Department within ten days of
the posting of the notice required by this section,
the staff shall conduct a public hearing to reconsider
its decision and either affirm, modify or reverse its
initial decision. Notice of the staff's decision upon
reconsideration shall be posted as is required for the
original decision. If no request for reconsideration
is filed within the time period specified in the
notice of the staff's original decision, the decision
of the Planning Director shall become final.
3. Appeal of Staff Decision. If a written appeal is
properly filed within ten days of posting of notice of
the staff's reconsideration decision, the application
shall be heard by the Hearing Examiner for a final
decision, appealable to the City Council. If no
protest is properly filed, the decision of the
Planning Director shall become final."
-3-
Section 3. The Edmonds Community Development Code,
Section 20.100.01OB(1) is hereby amended to provide for staff
approval of certain conditional use permits as follows:
"B. Scope - Decisions. The Hearing Examiner shall review and
make final decision, appealable to the City Council, on
the following permits and approvals under this section.
1. Conditional Use Permits except where this Code
provides for staff approval and Group Homes.
Section 4. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
APPROVED:
ATTEST/AUTHENTICATED:
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CI'T'Y CLERK, IRENE VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
14
FILED WI1%2 THE CITY CLERK: October 29, 1981
PASSED BY THE CITY COUNCIL: November 3, 1981
POSTED: November 4, 1981
EFFECTIVE DATE: November 9, 1981
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 4 day of November , 1981, affiant posted true and
correct copies of the attached Ordinance No. 2245 , passed by the
City Council on the 3 day of November , 1981, at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 4 day of
November
, 19 81•
SUBSCRIBED AND SWORN to before me this 41 day of
19 y(. � x ;/, -
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ota y Public in and for the
State of ashington, residing
at