DPD Land Use Information Bulletin

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

April 11, 2005
Other Notices

Summary of Notices

Notices of Decisions

Area	Address	Zone	Project No
Downtown/Central	109 29TH AV E	SF5000	2407387
Downtown/Central	108 17TH AV	L3	2408825

Other Land Use Notices

Action	Address	Zone	Project No
Notice of Change in Appeal Hearing Schedule	2227 10 TH AV E	L2	2306429
Notice of Text Amendment and Environmental Determination			Notice 1

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# 2407387	Area: Downtown/Central	Date of Decision: 4/11/2005
View Decision Doc (Adobe)	Addr: 109 29th Av E Zone: SF5000 Applicant Contact: Julie LeDoux Applicant Phone: (425) 485-6222 Planner: Darlene Edwards Planner Phone: (206) 684-5606	Master Use Permit to subdivide one parcel into two parcels of land. Proposed parcel sizes are: A) 4,286.2 sq. ft., and B) 4,477.1 sq. ft. Existing structure to remain.
	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 April 25, 2005.
Proj# 2408825	Area: Downtown/Central	Date of Decision: 4/11/2005
View Decision Doc (Adobe)	Addr: 108 17th Av Zone: L3 Applicant Contact: David Chenoweth Applicant Phone: (206) 547-4071 Planner: Art Pederson Planner Phone: (206) 733-9074	Master Use Permit to subdivide one parcel into six 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 #2306625.
	The following appealable decisions have been made based on submitted plans: Conditionally Grant - Short Subdivision to create six 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 April 25, 2005.

Other Land Use Notice

NOTICE OF CHANGE IN APPEAL HEARING SCHEDULE
	Project #2306429
	Hearings are subject to change; call Hearing Examiner (684-0521) to confirm schedule or if you have questions. Hearing Examiner File: MUP-05-009, MUP-05-101 DPD Project Number: 2306429 Address: 2227 10^th Avenue East The hearing originally scheduled for May 4, 2005 has been rescheduled to May 3, 2005 at 9:00 a.m. in the Hearing Room, 1310 Alaska Building, 618 Second Avenue.
NOTICE OF TEXT AMENDMENT AND ENVIRONMENTAL DETERMINATION
	Amendments are proposed to the Land Use Code (Title 23) that would allow the use of development rights from a major performing arts facility on the same basis as transferable development rights from low-income housing in certain Downtown zones. ENVIRONMENTAL DETERMINATION DPD has determined that the amendment described above will not have a significant adverse environmental impact, and has issued a Declaration of Non-Significance (no Environmental Impact Statement required). HOW TO APPEAL Appeals of the decision to issue a Declaration of Non-Significance must be submitted to the Office of the Hearing Examiner by 5:00 p.m. May 2, 2005. Appeals should be addressed to the Hearing Examiner and must be accompanied by a $50.00 filing fee in a check payable to the City of Seattle. The appeal must be sent to: Office of the Hearing Examiner Room 1320 Alaska Building 618 Second Avenue Seattle, WA 98104 INFORMATION AVAILABLE Copies of the proposal are available from the City Council’s website at http://www.seattle.gov/council/hearings_forums/tdr. Paper copies are available at the City Clerk’s Office, 3^rd Floor, City Hall 600 4^th Avenue (entrance on 5^thAvenue). Questions regarding the environmental determination may be directed to Bill Mills at (206) 684-8738 or via email at william.mills@seattle.gov. Questions regarding the proposed legislation may be directed to Rebecca Herzfeld at (206) 615-1674 or via email at rebecca.herzfeld@seattle.gov.