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APPEAL APPLICATION FORM (:II yni Redmond To file an appeal of a Type I, II, or III decision or a SEPA determination, please complete the attached form and pay the applicable fee by 5:00p.m. on the last day of the appeal period. Form submission and payment must be by PERSONAL DELIVERY at City Hall 2"d Floor Customer Service Center c/o Office of the City Clerk-Hearing Examiner, 15670 NE 85th Street. Contact the Office of the Hearing Examiner with process questions at [PHONE REDACTED]. Standing to Appeal: • Appeal to the Hearing Examiner of a SEPA determination- Any interested person may appeal a threshold determination. adequacy of a final EIS. and the cond itions or denials of a requested action made by a nonelected City ofncial based on SEPA. No other SEPA appeals shall be allowed. • Appeal to the Hearing Examiner of an Administrative, Technical Committee or Design Review Board Decision (Type I or II)- the project applicant, owner, or any person who submitted written comments (party of record) prior to the date the decision was issued may appeal the decision. The written appeal and the applicable fee must be received by the City of Redmond's Office of the Hearing Examiner no later than 5:00 o.m. on the 14 111 calendar dav following the date of the decision. • Appeal to the City Council of a Hearing Examiner (or Landmarks and Heritage Commission) decision on an application (Type III)- the project applicant, owner, City staff, or any person who established themselves as a party of record prior to or at the pub I ic hearing. ·rhe written appeal and the applicable appeal fee must be received by the City of Redmond' s Office of the Hearing Examiner no later than 5:00 p.m. 10 business davs following the expiration of the Hearing Examiner's (or Landmarks and Heritage Commission's) reconsideration period. Should the appellant prevail in the appeal, the application fee will be refunded (City of Redmond Resolution No. 1459). The application fee will not be refunded for appeals that are withdrawn or dismissed. Hearing Examiner or City Council decision on appeal may be appealed to Superior Court by filing a land use petition which meets the requirements set forth in RCW Chapter 36.70C. The petition must be filed and served upon all necessary pa1ties as set forth in State law and within the 21-day time period as set forth in RCW Section 36.70C.040. Requirements for fully exhausting City administrative appeal opportunities must be fulfilled. Please continue to page 2 to select your appeal type. (Staff Use Only) RIEClE FileNo: CITY OF REDMOND Date Received: AUG 2 4 2017 Receipt No. OFFICE OF THE HEARING EXAMINER ORIGINAL ---PAGE BREAK--- U Appeal to the Hearing Examiner of a SEP A determination RZC 21. 70.190(£). (Please be sure to understand the tvpe of SEPA apveal vou are filimz. and if a further avveal to the underlving action is needed.) Appeal to the Hearing Examiner of an Administrative, Technical Committee or Design Review Board Decision (Type I or II) RZC 21. 76.060(1) LJ Appeal to the City Council of a Hearing Examiner (or Landmarks and Heritage Commission) decision on an application (Type III) RZC 21. 76.060(M) Section A. General Information Name of Appellant: ,C)hd VLV\. hL Co~oa.nu r;t' 1\maK\UL:tw L.e.c.a\ Dep\ . r , J ) J Address: I oq 3C) 1'\l. -PD CY\.oy) tL. M~ . City: \S.a.nsa s 6-.J-u State: ~D Zip: h'-1 15 3 Email: lldhux. eha.u iLJ·~ fii) S~ c'J)!Y\04.X1;es .B_I:S(h 11-,ltt.-MD ~Y'v\W tfll) .eiJYh- - . = ' I I Phone: Ar\-hu.r D.wuk SM oAhu boA. puj fk" '()liP-6C! I. l,4 3 4 D '2-S · ~ 1. 'i q ~p ~a..l u,un seJ . Name of project that is being appealed ; < _ File number of project that is being appealed: ____lol.o~o~·2 ~E · Date of decision on project that is being appealed: ~ Expiration date of appeal period: What is your relationship to the project? U Party of Record lJ Project Applicant lJ Government Agency Pursuant to the Redmond Zoning Code, only certain individuals have standing to appeal a decision on application or appeal (See page 1 above). Below, please provide a statement describing your standing to appeal, and referenc all applicable City Code citations. ,Sp.e< Ai\-z.cfud of LUCl'l'L- DYdo ~ Page 2 of 4 ---PAGE BREAK--- Section B. Basis for Appeal Please fill out items 1-4 below. Reference all applicable City Code citations and attach additional sheets if necessary. 1. Please state the facts demonstrating how you are adversely affected by the decision: At\uc,Ywt;t ~ fl"cl a£ .S=h,f WIX~ O f~V: 2. Please provide a concise statement identifying each alleged error of fact, law, or procedure, and how the decision has failed to meet the applicable decision criteria: Se.e'" 1\i-\-z cJ·w!. Pq2oec1 of stoo LUOYlL= DyAo / l . I If appealing a Hearing Examiner decision: Please provide the findings of fact or conclusions (as outlined in the Hearing Examiner's decision) which are being appealed: lA Page 3 of 4 ---PAGE BREAK--- 3. Please state the specific relief requested: Soil ~ r .¥teA Anvcd cl .s±no 1i>mJL oycLx · ' I 1 ' 4. Please provide any other information reasonably necessary to make a decision on the appeal: A-DouJ ~ IDD'r\L-- Dvd..t..r Do not use this form if you are appealing a decision on a: • Shoreline Permit (must be appealed to the State Shoreline Hearings Board RZC 21.68.200(C)(6)(b)) • Shoreline Variance or a Shoreline Conditional Use Permit (must be appealed to the State Shoreline Hearings Board RZC 21.68.200(C)(6)(c)) • Hearing Examiner decision on a SEPA appeal (not an appealable action as successive appeals are not allowed RZC 21. 70.190(D)) • City Council approval or denial (must be appealed to Superior Court RZC 21. 76.060(Q)) Page 4 of 4 ---PAGE BREAK--- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE CODE COMPLIANCE HEARING EXAMINER FOR THE CITY OF REDMOND In Re: Appeal of Stop Work Order for the structure at 8412 - 164th A venue NE, Redmond, W A 98052, issued by City of Redmond August 4, 2017. APPEAL OF STOP WORK ORDER I. DECISION AND/OR DETERMINATION BEING APPEALED Pursuant to Redmond Municipal Code 1.14.120, Shinn Fu Company of America, Inc. ("Shinn Fu") hereby appeals the City of Redmond ("City") Stop Work Order regarding Permit No. 602_DEMO ("Order") issued regarding property located at 8412- 164 111 Avenue SE, for the reasons set forth herein. The Stop Work Order is attached hereto as Exhibit 1. II. FACTS DEMONSTRATING APPELLANT'S STANDING Shinn Fu has standing under RCW 36.70C.060 because Shinn Fu is the owner and applicant concerning the Property to which the Land Use Decisions apply. III. STATEMENTS OF FACTS Shinn Fu, through its contractor Rhine Demolition LLC, submitted a Demolition Permit application on June 8, 2017 via email. The City identified Shinn Fu's project as 602_DEMO. The City issued the Demolition Permit No. DEM0-2017-04095 for Project 602_DEMO on June 28, 2017. The City provided a paper permit as well as an email explaining "Your permit has been issued. The permit and approved plans (if applicable) are ready to be printed from theE-Track portal." The Demolition Permit is valid until December 5, 2017. At no time during its review did the City indicate there would be any delayed or ex post facto discretionary, zoning or environmental review conditions tied to the Demolition Permit. The Demolition Permit is attached hereto as Exhibit 2. APPEAL OF STOP WORK ORDER-PAGE 1 OF 6 JOHNS MONROE MITSUNAGA KOLOUSKOV A PLLC ATTORNEYS AT LAW 1120 I S.E. 8111 St., Suite 120 0 RIG INA L Bellevue, Washington 98004 . Te1: (425)4512812 / Fax: (425)4512818 ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In order to complete demolition, Shinn Fu was required to complete inspections for rodent control, parking lot use and antiquated electrical and telecommunication wiring. The City did not attach any conditions to the Demolition Permit pertaining to zoning, historical preservation or environmental review under the State Environmental Policy Act, chapter 43.21C RCW ("SEPA"). Any appeal of the Demolition Permit had to be filed under the timeframes set forth for Type 1 ministerial permits under Redmond Zoning Code ("RZC") 21. 76.050. No appeals were filed and, as a result, the Demolition Permit and Shinn Fu's right to action under the Demolition Permit were final and not subject to further appeal or conditioning. Shinn Fu and the City Inspector held a pre-demolition meeting on July 11, 2017. The City Inspector requested a letter from Shinn demonstrating ability to use the parking lot for demolition purposes. The City Inspector also wanted proof from Puget Sound Energy on the cut/cap location for utility termination. Without complication, Shinn Fu complied with and provided all this information. The City advised Shinn Fu on July 31, 2017 that it was interested in Shinn Fu photographing the structure before demolition and providing such information to the Redmond Historical Society. On August 1, 2017, the City emailed instructions to Shinn Fu for specifics regarding architectural photography of the structure. During these communications, the City never notified Shinn Fu that it was either taking action internally or with any other state agency or nonprofit group to pursue preservation of the structure or in an attempt to belatedly impose conditions on the Demolition Permit. To the contrary, Shinn Fu understood the photographic information would be provided for inventory because the structure was about to be immediately demolished by permit. In good faith and because demolition was scheduled for the beginning of August pursuant to the Demolition Permit, Shinn Fu immediately contracted with a specialist in architectural photography and provided such to the City. The City and APPEAL OF STOP WORK ORDER-PAGE 2 OF 6 JOHNS MONROE MITSUNAGA KOLOUSKOV A PLLC ATTORNEYS AT LAW I I 20 I S.E. 81" St., Suite I 20 Bellevue, Washington 98004 Tel: (425) 451 2812 I Fax: (425) 451 2818 ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Shinn Fu continued email exchanges, with the City recognizing by email on August 3, 2017, that the demolition was not subject to SEP A but that historical records and photographic information was desired. Further, while Shinn Fu asked the City whether it wished any architectural features of the building to be preserved, the City did not provide any response or indicate any noteworthy features for preservation. The structure and property are not listed on the City of Redmond's list of historic landmarks and have not been given any such designation nor been processed through the City's historical landmark designation process pursuant to RZC 21.30.040 or any other legal authority. The structure and property are also not listed on any other State or Federal registries. Shinn Fu notified the City by email that it intended to begin demolition on August 3, 2017. On August 3, 2017, the City's building inspector contacted Shinn Fu's demolition contractor and requested them to hold off on demolition. Shinn Fu's representative immediately emailed the City's building inspector requesting information regarding the basis for a 'hold' on demolition and any further information. On August 4, 2017 the City issued the Stop Work Order regarding Shinn Fu's Permit No. 602_DEMO. The Stop Work Order was and is virtually illegible; to the best of Shinn Fu's ability the Order appears to read: "This Order is issued for the following reasons: Categorically exempt check list under SEP A must be completed. The following corrective measures shall be taken immediately: Do not demolish structure [indecipherable] complete SEPA checklist. The following work may proceed: None [or Never- indistinguishable]." On August 8, 2017, the City advised Shinn Fu that Shinn Fu would have to complete SEP A review, referred to herein as the "Land Use Decision Regarding SEP A and Historical Landmark Requirements." After the Stop Work Order, the City advised Shinn Fu by phone that it was in conversation with the State of Washington Department of Archaeology and APPEAL OF STOP WORK ORDER- PAGE 3 OF 6 JOHNS MONROE MITSUNAGA KOLOUSKOV A PLLC ATTORNEYS AT LAW 1120 I S.E. 8th St., Suite 120 Bellevue, Washington 98004 Tel: (425) 451 2812 I Fax: (425) 451 2818 ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Historical Preservation ("DAHP"). The City did not advise Shinn Fu, and certainly did not request permission, to request DAHP to review whether the structure is eligible for historic landmark status. Conversely, the City did not advise DAHP that it had already issued the Demolition Permit to Shinn Fu roughly six weeks earlier. DAHP, unaware that the City had issued the Demolition Permit weeks earlier, and unaware that the City was not acting under any authority from or after any notice to Shinn Fu, i.e. the property owner, issued a letter on August 8, 2017, advising the City of its review regarding historic register eligibility. DAHP only weighed in on whether eligibility might be appropriate, but did not initiate any proceedings and expressly noted that such proceedings are designed to take place prior to any demolition permitting, but also recognized that demolition can be possible. The City emailed the DAHP letter to Shinn Fu along with the Land Use Decision Regarding SEP A and Historical Landmark Requirements. The Land Use Decision- Stop Work Order and Land Use Decision Regarding SEP A and Historical Landmark Requirements are further referred to herein as the Land Use Decisions. Shinn Fu has also filed a Land Use Petition and Complaint for Writ of Mandamus regarding the foregoing in King County Superior Court, under Cause Number 17-2-22133-3 SEA. II. GROUNDS FOR APPEAL 1. This appeal is filed pursuant to RMC 1.14.120. While the City has not issued a document entitled Notice and Order or Restoration Order, nor has the City issued a civil penalty, the City has not provided any other administrative appeal recourse for the Stop Work Order. Further, pursuant to RMC 1.14.150 a Stop Work Order may be the basis for penalties. 2. As noted above, Shinn Fu has also filed legal action in Superior Court. This appeal is filed as a precaution in the event RMC 1.14.120 were interpreted to govern appeals of any enforcement actions taken under Chapter 1.14 RMC. 3. The Stop Work Order is in direct violation of the Demolition Permit APPEAL OF STOP WORK ORDER-PAGE 4 OF 6 JOHNS MONROE MITSUNAGA KOLOUSKOV A PLLC ATTORNEYS AT LAW 1120 I S.E. gth St., Suite 120 Beiievue, Washington 98004 Te1:(425)4512812/Fax:(425)4512818 ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 4. The Stop Work Order is unlawful because the Demolition Permit was categorically exempt from review under the State Environmental Policy Act, chapter 43.21 C RCW 5. The Stop Work Order is unlawful because the City lacked authority to require Petitioner to subject the structural demolition to review under the State Environmental Policy Act, including but not limited to, the project's categorical exemption, the City's previous determination of SEP A exemption and the state and local SEP A substantive policies and regulations under Chapter 43.21C RCW, Chapter 197-11 WAC and Chapter 21.70 RZC. 6. The Stop Work Order is inconsistent with the property and structure's status as not being protected historical landmarks at the time the City issued the Demolition permit and through the filing of this Petition, and because the City did not follow its own regulations for registering the property as a historic landmark prior to the demolition permit. 7. The Stop Work Order is inconsistent with, and estopped by, prior permits and 12 approvals, and the City of Redmond policies, regulations and practices related to historic 13 landmark designation and protection. 14 15 16 17 8. The Stop Work Order is unlawful because the City lacked authority to issue a Stop Work Order several weeks after its issuance of the Demolition Permit and in the absence of any violation by Petitioner of the Redmond Zoning or Municipal Codes or any other public health or safety welfare regulations. 9. The Stop Work Order is unlawful because the City failed to timely appeal the 18 Demolition Permit. 19 20 21 22 23 24 25 10. The Stop Work Order is unlawful because it renders RZC 21.30.020-060 meaningless and subject the structure, property and the Petitioner to vague and impossible to follow standards of review regarding demolition. IV. RELIEF REQUESTED Based on the foregoing, Shinn Fu respectfully requests the Examiner reverse the Stop Work Order and allow Shinn Fu to complete work under Demolition Permit No. DEM0-2017- 04095, for Project 602_DEMO. APPEAL OF STOP WORK ORDER-PAGE 5 OF 6 JOHNS MONROE MITSUNAGA KOLOUSKOV A PLLC ATTORNEYS AT LAW 1120 I S.E. 8111 St., Suite 120 Bellevue, Washington 98004 Tel: (425) 451 2812 I Fax: (425) 451 2818 ---PAGE BREAK--- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 DATED this 24 111 day of August, 2017. 0/-1937-1 Appeal of Stop Work Order 8-24-17 APPEAL OF STOP WORK ORDER-PAGE 6 OF 6 JOHNS MONROE MITSUNAGA & KOLOUSKOV A, PLLC By~ \cj)_ , ~ Kolouskova,' WSBA #ii5.-Ji Attorneys for Appellant Shinn Fu Company of America, Inc. JOHNS MONROE MITSUNAGA KOLOUSKOV A PLLC ATTORNEYS AT LAW 11201 S.E. 81h St., Suite 120 Bellevue, Washington 98004 Tel: (425) 451 2812 I Fax: (425) 451 2818 ---PAGE BREAK--- ---PAGE BREAK--- Development Services Center Permit & Inspection Record 15670 NE 85th St, Redmond, WA 98052 • (425) 556-2473 Permit Number: DEM0-2017 -04095 IVR Pin#: 149971 Inspection Request Web/Phone: land.redmond.govl(425) 556-2435 Permit Type: Demolition Work Class: None Project Name: 602_DEMO Site Address: 8412164THAVE NE Desc of Work: Demo of existing house (former cafe) and patio slab. Area of work 1,370 sf. Contractor: RHINE DEMOLITION LLC [PHONE REDACTED] Contractor License: RHINEDL893BE Expiration Date: 1/3/2015 1 Owner: SHINN FU COMPANY OF AMERICA Issued: Jun 28, 2017 Expires•: Dec 5, 2017 Valuation: $ 15,000.00 Parcel Number: [PHONE REDACTED] 1124 112TH ST E TACOMA, WA 98445 The following Inspections may be required and have not yet been inspected. Inspection requests must be made by midnight to be scheduled for inspection on the next business day. To contact your inspector go to Today 's Inspections at land.redmond.gov after 7 am. For all other inspection Questions please call [PHONE REDACTED]. jNumber and Type IDate lcomments 547 CIV Pre-Con 574 CIV T.E.S.C. 560 CIV Water Inspection 575 CIV Sewer Capped 564 CIV Electrical 566CIVGas 568 C IV Septic 577CIVTank 579CIVWell 584 CIV Foundation 586 CIV Debris 588 CIV Asbestos 920 CIV Approval 455 BLDG Final Schedule and receive a valid Inspection prior to expire date. Date Printed: July 10, 2017 11 :27 am EXHIBIT 2.