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Appellant's Exhibit 19 (as referenced in June 30, 2017 Appellant WPDC Cleveland LLC's Witness and Exhibit List) ---PAGE BREAK--- 1 Hearing Examiner Sharon A. Rice 2 3 4 5 BEFORE THE HEARING EXAMINER FOR THE CITY OF REDMOND In the Matter of the SEPA Appeal of File Nos; BLDG-2016-09802 BPLN2016-02092 WPDC CLEVELAND, LLC DECLARATION OF JASON BAILEY of approved Building Permit BLDG-2016- 09802/BPLN-2016-02092 autliorizing alterations to the structure at 16390 Cleveland Street, Redmond Issued February 17, 2017. JASON BAILEY I being first duly sworn upon oath, deposes and says; I am over the age of 18, and competent to testify in a court of law as to the matters asserted herein. I am a member of RedPrime LLC dba the Prime Steakhouse. I have personal knowledge of the facts and circumstances set out in this declaration. I am an owner and operator of the Prime Steakhouse in Downtown Since March 2014, the Prime Steakhouse has leased the real property, existing 27-stall parking lot and building located at 16330 Cleveland Avenue, Redmond, WA 98052 from WPDC Cleveland, LLC (the “WPDC Property”). There is an existing abandoned warehouse building adjacent to and abutting the Prime Steakhouse parking lot just east of the Prime Steakhouse. The warehouse building 1. 2. Redmond’s Old Town. 3. DECLARATION OF .TASON BAILEY - 1 SCHWABE, WILLIAMSON & WYATT. P.C. Alloffieys al Ltiw 1420 5lh Avenue, 3400 Seattle, WA 98101-4010 Telephone;-[PHONE REDACTED] PDX\131246\221725\AAL\20584014.3 Appellant WPDC Cleveland's Exhibit 19 - Page 1 of 3 ---PAGE BREAK--- 1 is located at 16390 Cleveland Street, Redmond, WA 98052. In mid-to-late Febmary 2017, I began noticing unfamiliar trucks and other vehicles parked in the Prime Steakhouse parking lot when I would arrive in the morning. I observed workers going from these vehicles in and out of the warehouse building. Because parking for my business is so crucial to its success, I politely asked that they not park in the lot. Over a period of four days in late-February, 1 confronted workers that were parking in our lot and working in the old warehouse building on at least four occasions. Our parking lot has many signs stating that parking is solely for the Prime Steakhouse. On one occasion they had a porta-potty delivered to the site, which dropped in my parking lot. In early March, they had a load of what appeared to be steel beams or other metal structural supports dropped in our lot across several parking spaces. On both occasions, I had to dem^lnd that these items be removed immediately. Sometime in early March, Sean Miller approached me in the restaurant during lunch and asked me to lease four parking spaces to him for his business. He stated that I should lease him spaces because his customers “would park in my lot anyway.” The old warehouse building has no onsite parking, no area for garbage / recycling and no area for deliveries. I am now aware that Sean Miller is seeking to convert the abandoned warehouse into a retail marijuana sales business called Origins Cannabis. I learned this from Courtney Skony and Kevin Wallace, who represent our landlord WPDC Cleveland, LLC in early March. I did not receive any notice of any permit application or permit approval for any activity in the old warehouse building from the City of Redmond. I had hoped to attend the April 6, 2017 Design Review Board public hearing and provided comments on the Andorra Site Plan Entitlement Application, but the meeting is during my busiest time as a restaurant owner / operator. 2 4. 3 4 5 5. was 6. 7. 8. 9. DECLARATION OF JASON BAILEY - 2 SCHWAaE, VVILLIAKISON & WYATT. P C. AU0fricv» law MZO Slh Suiltf 3400 SeaHle, WA 90101-4010 Telephone: [PHONE REDACTED] PDX\131246\221725\AAL\20584014.3 Appellant WPDC Cleveland's Exhibit 19 - Page 2 of 3 ---PAGE BREAK--- 1 On Friday, April 7, 2017,1 received a phone call from a person that had maHe. a lunch reservation for six guests but had to cancel the reservation because they could not park in our lot or find other publicly available parking nearby in time to make the reservation. My estimated lost revenue from this cancellation was $400 to $600. Shortly alter I received the phone call, I walked outside to look at the lot and saw three people come out of the old warehouse building, enter three separate vehicles parked in our lot and leave. I did not have an opportunity to confront them. I am concerned that, by the nature of the proposed marijuana retail sales business, that I cannot effectively police my parking lot as the marijuana shop customers will be in and out and on their way before a tow truck can arrive. I cannot afford to have my already limited parking compromised or afford to spend time and resources policing the lot. I am also concerned that the old warehouse’s lack of a deliveiy area or a garbage / recycling area will impact our parking and access, drive away our customers and destroy our business. 10. 2 3 4 5 11. 12. I declare under penalty ofperjury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge and belief DATED this day of April, 2017 at Redmond, Washington. c Ji Jason Bailey / DECLARATION OF JASON BAILEY - 3 SCHWASE, WILLIAMSON A WYATT. P C, Allot neys hI Ldw 1420 5lh SuJliflMOD SeatUe.WA 90101-4010 Telephone: [PHONE REDACTED] k . PDX\131246\221725\AAL\205«4014.3 Appellant WPDC Cleveland's Exhibit 19 - Page 3 of 3