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Land Use Information Bulletin
October 6
, 2003
Other Notices

Summary of Notices

Notices of Decisions

Area Address Zone Project No
North/Northwest 5705 PHINNEY AV N L3 2302285
South 2824 RAINIER AV S NC3-65’ 2302799

Appeal Hearing Notices

Area Address Zone Project No
Downtown/Central 1006 TURNER WY E SF5000 2300367

Notice of Decision

The Director of the Department of Design, Construction and Land Use has reviewed the Master Use Permit application(s) below and issued the following decisions. Interested parties may appeal these decisions.

Hearing Examiner Appeals

To appeal to the City’s Hearing Examiner, the appeal MUST be in writing, and be delivered to the Office of the Hearing Examiner, Room 1320, Alaska Building, 618 Second Avenue, Seattle, Washington 98104. Appeals must be received prior to 5:00 P.M. of the appeal deadline indicated below and be accompanied by a $50.00 filing fee in a check payable to the City of Seattle. (The Hearing Examiner may waive the appeal fee if payment would cause financial hardship.) The appeal must identify all the specific Master Use Permit component(s) being appealed, specify exceptions or objections to the decision, and the relief sought. Appeals to the Hearing Examiner must conform in content and form to the Hearing Examiner’s rules governing appeals. (The Hearing Examiner’s Office has a form that can be used for land use appeals.) A copy of the Hearing Examiner Rules is available for $1.75 from DPD. The Hearing Examiner’s Office also provides a "Citizen Guide to the Office of the Hearing Examiner". To be assured of a right to have your views heard, you must be party to an appeal. Do not assume that you will have an opportunity to be heard if someone else has filed an appeal from the decision.

Interpretations

Issues concerning the proper application of any development regulation in the Land Use and Zoning Code (Title 23) or regulations for Environmentally Critical Areas (Chapter 25.09) cannot be raised as part of this appeal. These issues can be considered in an interpretation, which may be appealed to the Hearing Examiner. Interpretations may be requested by any interested person. Requests for interpretations must be filed in writing prior to 5:00 P.M. on the appeal deadline indicated below and be accompanied by a $2,000.00 fee payable to the City of Seattle. (This fee covers the first eight hours of review. Additional hours will be billed at $250.00.) Requests must be submitted to the Department of Design, Construction and Land Use, Code Interpretation and Implementation Section, 700 Fifth Avenue. Questions regarding how to apply for a formal interpretation may be asked by phone by calling (206) 684-8467.

Shoreline Decisions

An appeal from a shoreline decision is made to the State Shorelines Hearing Board. It is NOT made to the City Hearing Examiner. The appeal must be in writing and filed within 21 days of the date the DPD decision is received by the State Department of Ecology (DOE). The DPD decision will be sent to DOE by the close of business on the Friday of this week. If the Shoreline decision involves a shoreline variance or shoreline conditional use, the appeal must be filed within 21 days after DOE has made their decision. The information necessary for DOE to make their decision will be sent to them by the close of business on the Friday of this week. The beginning of the appeal period may also be provided to you by calling (206) 684-8467. The minimum requirements for the content of a shoreline appeal and all the parties who must be served within the appeal period cannot be summarized here but written instructions are available at the Department of Design, Construction and Land Use (Client Assistance Memo 232), 700 Fifth Av, Suite 2000, Seattle, WA 98104-1703, (206) 684-8467 or contact the Shorelines Hearing Board at (360) 459-6327. Failure to properly file an appeal within the required time period will result in dismissal of the appeal. In cases where a shoreline and environmental decision are the only components, the appeal for both shall be filed with the State Shorelines Hearing Board. When a decision has been made on a shoreline application with environmental review and other appealable land use components, the appeal of the environmental review must be filed with both the State Shorelines Hearing Board and the City of Seattle Hearing Examiner.

Comments

When specified below written comments will be accepted. Comments should be addressed to: Department of Design, Construction and Land Use, 700 Fifth Avenue, Suite 2000, Seattle, WA 98104.

Information

For additional information, to obtain a copy of the decision or to learn if a decision has been appealed, contact the DPD Public Resource Center, Key Tower Building, 700 Fifth Avenue, Suite 2000 – 20th Floor, (206) 684-8467. A copy fee will be charged. (The Public Resource Center is open 8:00 a.m. to 5:00 p.m. on Monday, Wednesday, Thursday, Friday and 10:00 a.m. to 5:00 p.m. on Tuesday.)

Proj# 2302285 Area: North/Northwest Date of Decision: 10/6/2003
View Decision Doc (Adobe) Addr: 5705 Phinney Av N
Zone: L3

Applicant Contact: Ted McLean
Applicant Phone: (425) 753-6409

Planner: Colin Vasquez
Planner Phone: (206) 684-5639

Master Use Permit to establish use for installation of a minor communication utility (Cingular Wireless), consisting of six panel antennas on the rooftop of an existing apartment building. The project includes the addition of an equipment cabinet room, to be located in the basement of the building.
  The following appealable decisions have been made based on submitted plans:
  • Declaration of Non-Significance with conditions (no environmental impact statement required). Environmental review completed and project conditioned as applicable.
    Conditions: Numerous conditions have been placed on this project. You may contact either the assigned planner whose name and phone number appears above, or the Public Resource Center (206-684-8467) or view the decision by clicking on the link in the left column.
  • Conditionally Grant - Administrative Conditional Use to allow a minor communication utility to exceed height limit in a multifamily zone.
    Conditions: Numerous conditions have been placed on this project. You may contact either the assigned planner whose name and phone number appears above, or the Public Resource Center (206-684-8467) or view the decision by clicking on the link in the left column.

Appeals of this decision must be received by the Hearing Examiner no later than October 20, 2003.

Proj# 2302799 Area: South Date of Decision: 10/6/2003
View Decision Doc (Adobe) Addr: 2824 Rainier Av S
Zone: NC3-65’

Applicant Contact: Terry Beals
Applicant Phone: (206) 398-5237

Planner: Carol Proud
Planner Phone: (206) 233-7197

Master Use Permit to establish use for future construction of a passenger terminal (Metro Transit) to support a light rail facility (McClellan Station - Sound Transit). Project includes demolition of existing fast food restaurant (KFC), and 2,468 cu. yds. of grading. An Environmental Impact Statement was prepared by Sound Transit.
  The following appealable decisions have been made based on submitted plans:
  • SEPA to approve, condition pursuant to 25.05.660.
    Conditions: Numerous conditions have been placed on this project. You may contact either the assigned planner whose name and phone number appears above, or the Public Resource Center (206-684-8467) or view the decision by clicking on the link in the left column.
  • Grant – Essential Public Facilities.

Appeals of this decision must be received by the Hearing Examiner no later than October 20, 2003.

Appeal Hearing Notices

The City’s Hearing Examiner has received an appeal of the Master Use Permit decision(s) described below. An appeal hearing has been scheduled to be held in the Office of Hearing Examiner, 13th Floor, Alaska Building, 618 Second Avenue. Because appeals may be withdrawn or hearings rescheduled, please call the Office of Hearing Examiner the day before the hearing to be sure no changes have been made. The hearing will be held under the appeal provisions of the Master Use Permit Ordinance (Chapter 23.76, SMC) and the Hearing Examiner Rules.

Hearings are open to the public, but generally only those who are parties to the appeal and persons called by the parties as witnesses will have the opportunity to testify. A person who has not appealed, but who has a substantial interest in the outcome of the appeal, may request to be allowed to participate in an appeal as an "intervenor." An intervenor, like the parties, would have the option of appealing the Hearing Examiner’s decision in this matter. Intervenor status should be requested as soon as possible prior to hearing and in accordance with the Hearing Examiner Rules. For information regarding appeals, and intervenor status, contact the Office of Hearing Examiner, Room 1320 Alaska Building, 618 Second Avenue, Seattle, Washington 98104 (206) 684-0521. The Hearing Examiner’s office provides barrier-free access.

Notices in this section may appear in more than one publication prior to a hearing. Notices for appeals of Shoreline projects are provided by the State of Washington, and do not appear in this publication.

Proj# 2300367 Area: Downtown/Central Date of Decision: 10/6/2003
  Addr: 1006 Turner Wy E
Zone: SF5000

Applicant Contact: Gary M. Abrahams
Applicant Phone: (206) 282-2357

DPD Land Use Planner: Bradley Wilburn
Phone: (206) 615-0508

Master Use Permit to establish use for future construction of a minor communication utility (T-Mobile) consisting of two (2) panel antennas (3-sector) on the roof of an existing administrative office building. Project includes equipment cabinet to be located in the basement.
  The following decisions have been appealed:
  • Declaration of Non-Significance with conditions (no environmental impact statement required). Environmental review completed and project conditioned as applicable.
    Conditions: Numerous conditions have been placed on this project. You may contact either the assigned planner whose name and phone number appears above, or the Public Resource Center (206-684-8467) or view the decision here.
    Reference Seattle Municipal Code 25.05.660
  • Conditionally Grant - Administrative Conditional Use to allow a minor communication utility in a single family zone.
    Conditions: Numerous conditions have been placed on this project. You may contact either the assigned planner whose name and phone number appears above, or the Public Resource Center (206-684-8467) or view the decision here.
    Reference Seattle Municipal Code 23.57.010C1

The Appeal Hearing will be held on October 27, 2003 at 09:00 a.m.