DPD Land Use Information Bulletin

Land Use Information Bulletin
A Twice Weekly Bulletin Announcing Land Use Applications, Decisions, Hearings, and Appeals

February 14, 2005
Other Notices

Summary of Notices

Notices of Decisions

Area	Address	Zone	Project No
Northeast	547 NE 91ST ST	SF5000	2406097
Northeast	4316 8TH AV NE	L3	2408621
Northeast	6034 43RD AV NE	SF5000	2409564
North/Northwest	11502 6TH AV NW	SF9600	2403622
North/Northwest	1454 N 130TH ST	SF7200	2404399
North/Northwest	3627 DAYTON AV N	L3	2408503
North/Northwest	10720 STONE AV N	L2	2409262

Other Land Use Notices

Action	Address	Zone	Project No
Notice of Proposed Adoption of Director’s Rules			DR 10-2005
Notice of Proposed Land Use Code Text Amendment and City Council Public Hearing			Height

Notice of Decision

The Director of the Department of Planning and Development 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 Planning and Development, Code Interpretation and Implementation Section, 700 5^th Av Ste 2000, PO Box 34019, Seattle WA 98124-4019. 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 Planning and Development (Client Assistance Memo 232), 700 5^th Av Ste 2000, PO Box 34019, Seattle, WA 98124-4019, (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 Planning and Development, 700 5^th Av Ste 2000, PO Box 34019, Seattle, WA 98124-4019.

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, Seattle Municipal Tower, 700 Fifth Avenue, Suite 2000 – 20^th 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# 2406097	Area: Northeast	Date of Decision: 2/14/2005
View Decision Doc (Adobe)	Addr: 547 NE 91st St Zone: SF5000 Applicant Contact: Julie Johnston Applicant Phone: (206) 349-8923 Planner: Christopher Ndifon Planner Phone: (206) 684-5046	Master Use Permit to subdivide one parcel containing two existing single family residences into two parcels with one single family residence on each. Proposed parcel sizes are: A) 4,080 sq. ft. and B) 2,939 sq. ft.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create two parcels of land. 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 February 28, 2005.
Proj# 2408621	Area: Northeast	Date of Decision: 2/14/2005
View Decision Doc (Adobe)	Addr: 4316 8th Av NE Zone: L3 Applicant Contact: Kelly Smith Applicant Phone: (206) 501-8941 Planner: Jess Harris Planner Phone: (206) 684-7744	Master Use Permit to subdivide one parcel into eight unit lots. This subdivision of property is only for the purpose of allowing sale or lease of the unit lots. Development standards will be applied to the original parcel and not to each of the new unit lots. The construction of townhouses has been approved under Project #2402620.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create eight unit lots. 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 February 28, 2005.
Proj# 2409564	Area: Northeast	Date of Decision: 2/14/2005
View Decision Doc (Adobe)	Addr: 6034 43rd Av NE Zone: SF5000 Applicant Contact: Chris Trujillo Applicant Phone: (206) 228-7585 Planner: Colin Vasquez Planner Phone: (206) 684-5639	Master Use Permit to subdivide one parcel into two parcels of land. Proposed parcel sizes are: A) 5243.3 sq. ft. and B) 5243.3 sq. ft. Existing structures to be removed.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create two parcels of land. 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 February 28, 2005.
Proj# 2403622	Area: North/Northwest	Date of Decision: 2/14/2005
View Decision Doc (Adobe)	Addr: 11502 6th Av NW Zone: SF9600 Applicant Contact: Richard Glasman Applicant Phone: (206) 323-2173 Planner: Bill Mills Planner Phone: (206) 684-8738	Master Use Permit to recover development credit for proposed clustered housing in an environmentally critical area and establish use for future construction of two single-family residences.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Environmentally Critical Area Conditional Use to allow clustered development housing in an environmentally critical area. 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. Declaration of Non-Significance (no environmental impact statement required). Environmental review completed and no conditions imposed. Appeals of this decision must be received by the Hearing Examiner no later than February 28, 2005.
Proj# 2404399	Area: North/Northwest	Date of Decision: 2/14/2005
View Decision Doc (Adobe)	Addr: 1454 N 130th St Zone: SF7200 Applicant Contact: S. Michael Smith Applicant Phone: (425) 775-1591 Planner: Scott Ringgold Planner Phone: (206) 233-3856	Master Use Permit to subdivide one parcel into two parcels of land. Proposed parcel sizes are: A) 12,067 sq. ft. and B) 7,200 sq. ft.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create two parcels of land. 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 February 28, 2005.
Proj# 2408503	Area: North/Northwest	Date of Decision: 2/14/2005
View Decision Doc (Adobe)	Addr: 3627 Dayton Av N Zone: L3 Applicant Contact: Hubert Ellwein Applicant Phone: (206) 306-0606 Planner: Colin Vasquez Planner Phone: (206) 684-5639	Master Use Permit to subdivide one parcel into four unit lots. This subdivision of property is only for the purpose of allowing sale or lease of the unit lots. Development standards will be applied to the original parcel and not to each of the new unit lots. The construction of townhouses is being reviewed under Project #2405372.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create four unit lots. 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 February 28, 2005.
Proj# 2409262	Area: North/Northwest	Date of Decision: 2/14/2005
View Decision Doc (Adobe)	Addr: 10720 Stone Av N Zone: L2 Applicant Contact: Tyler Goodmanson Applicant Phone: (206) 285-1117 Planner: Colin Vasquez Planner Phone: (206) 684-5639	Master Use Permit to subdivide one parcel into two unit lots. This subdivision of property is only for the purpose of allowing sale or lease of the unit lots. Development standards will be applied to the original parcel and not to each of the new unit lots. Existing single family residence and apartment building to remain.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create two unit lots. 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 February 28, 2005.

Other Land Use Notices

NOTICE OF PROPOSED ADOPTION OF DIRECTOR’S RULES
	The Director of the Department of Planning and Development proposes to adopt the following Director’s Rule(s), under the authority of Sections 3.06.040 and 23.88.010 of the Seattle Municipal Code: Director’s Rule 10-2005, Variances from the Standards of the Noise Control Code, SMC 25.08 (superseding DR 21-99) Copies of draft Director’s Rules relating to land use may be obtained at the Department of Planning and Development, at the Public Resource Center, 2000 Seattle Municipal Tower, 700 Fifth Avenue. Information available: Contact Dori Leslie, 206-615-1749 dori.leslie@seattle.gov HOW TO COMMENT: Written comments on the proposed adoption may be submitted through March 2, 2005. Comments may be sent to: Director Department of Planning and Development 700 5th Avenue, Suite 2000 P.O. Box 34019 Seattle, Washington 98124-4019
NOTICE OF PROPOSED LAND USE CODE TEXT AMENDMENT AND CITY COUNCIL PUBLIC HEARING
	Seattle City Councilmember Richard Conlin is proposing an amendment to the Land Use Code (Title 23) entitled “AN ORDINANCE relating to land use and zoning, amending Section 23.42.112 of the Seattle Municipal Code to create a new exception to the restriction on increasing the extent of nonconformity to development standards.” This amendment would: Create a provision allowing structures in Single Family zones that are nonconforming to front or rear yard requirements to be increased in height up to five feet, but not to exceed the height limit of the zone, in order to achieve sufficient ceiling height in an existing basement or attic to conform to the City’s regulations for habitable rooms or to accommodate a pitched roof on the structure. PUBLIC HEARING A public hearing on the proposed legislation is scheduled before the City Council’s Urban Development and Planning Committee on March 23, 2005 at 2:00pm at City Hall, Council Chambers, 600 4^th Ave, enter on 5^th Ave. and James St. For those who wish to testify, a sign-up sheet will be available one-half hour before the public hearing. Questions concerning the public hearing may be directed to Neil Powers in Councilmember Steinbrueck’s office, by calling 684-8804 or via email at neil.powers@seattle.gov or Phyllis.Shulman in Councilmember Conlin’s office, by calling 684-8805 or via email at Phyllis.shulman@seattle.gov. Print and communications access is provided on prior request. Please contact Councilmember Steinbrueck’s office at 684-8804 as soon as possible to request accommodation for a disability. Written Comments For those unable to attend the public hearing, comments will be accepted through Tuesday, March 22 by 12:00 noon. Please send comments to Neil Powers or: Councilmember Peter Steinbrueck Seattle City Council Urban Development and Planning Committee 600 4th Avenue Floor 2 PO Box 34025 Seattle, WA 98124-4025 INFORMATION AVAILABLE Copies of the proposed legislation are available from the DPD Public Resource Center, 700 5th Avenue, Suite 2000 in the Seattle Municipal Tower, 684-8467. 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. The proposed legislation is also available at the Seattle City Clerk’s website: http://clerk.ci.seattle.wa.us/~public/leghome.htm Questions regarding the proposed legislation or requests for electronic copies may be directed to Neil Powers at (206) 684-8804 or via email at neil.powers@seattle.gov.