Full Text
I APPEAL APPLICATION FORM C ityofRedmond W 1\ 5 tt 1 fl 0 T 0 tl 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 5:00 p.m. on the last day of the appeal period. For·m submission and payment must be by PERSONAL DELIVERY at City Hall 2"d Floor Customer· Service Center c/o Office of the City Clerk-Hear·ing Examiner, 15670 NE 85th Str·eet. Contact the Office of the Hearing Examiner· with pr·ocess 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 conditions or denials of a requested action made by a nonelected City official based on SEP A 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 5:00p.m. on the 141h calendar day following the date of the decision. • Appeal to the City Council of a Hear·ing Examiner (or· Landmar·ks and Her·itage 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 public hearing. The 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 days 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 The application fee will not be refunded for appeals that are withdrawn or dismissed.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 parties 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) IXJ[E(C~~ \f ~IQ) File No: CITY OF REDMOND Date Received: AUG 1 8 2017 Receipt No. OFFICE OF THE HEARING EXAMINER ---PAGE BREAK--- lt="Appeal to the Hearing Examiner of a SEP A determination RZC 21. 70.190(E). (Please be sure to understand the type of SEPA appeal you are filing, and if a further appeal to the • ~nderlying action is needed.) ~ g' Appeal to the Hearing Examiner of an Administrative, Technical Committee or Design Review Board Decision (Type I or II) RZC 21. 76.060(1) D 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: _ Address: _ City: State: Zip: _ Email: Phone: (home) (work) (cell) _ Name of project that is being appealed: _ File number of project that is being appealed: _ Date of decision on project that is being appealed: _ Expiration date of appeal period: What is your relationship to the project? D Party of Record D Project Applicant D 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 reference all applicable City Code citations. Page 2 of4 ---PAGE BREAK--- Section B. Basis for Apoeal 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: 2. Please provide a concise statement identifying each alleged error offact, law, or procedure, and how the decision has failed to meet the applicable decision criteria: 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: Page 3 of4 ---PAGE BREAK--- 3. Please state the specific relief requested: 4. Please provide any other information reasonably necessary to make a decision on the appeal: 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 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 4of4 ---PAGE BREAK--- Section A. Name of Applicant Carol Rich and William Wurtz Address 17519 NE 38th Court City Redmond State WA Zip 98052 Email [EMAIL REDACTED] Phone (home) [PHONE REDACTED] (cell) [PHONE REDACTED] N arne of project that is being appealed: 2017 Tree Removal File number of project that is being appealed: Permit# TREE-2017-05720/IVR # 151793 Date of decision on project that is being appealed: August 4, 2017 Expiration date of appeal period: August 18, 2017 What is your relationship to the project? We are owner /residents of Fairweather condominiums. In a court ruling it was found that the subject tree is in a "common area", meaning all Fairweather owners have some ownership of the tree. Our unit is very close to the tree; indeed a significant portion of its canopy overhangs the space behind our unit. Section B. Please state the facts demonstrating how you are adversely affected by the decision. Based on the expert opinion of two of our region's most highly regarded arborists (one of whom is also a landscape architect), and input from the Sustainable Redmond group, removal of the Western red cedar at Fairweather condominiums will have multiple negative impacts on the community. Since we are among those at Fairweather closest to the tree, we are most likely to experience the greatest adverse effects. These problems include: destroying an iconic tree estimated to provide a minimum $10,000 in market value to the Fairweather property; making an existing water flow problem impacting Long House Beven worse (without the mitigating effects of the tree's water absorption capacity); destabilizing the micro ecosystem of the cedar's companion fir trees on park side, which will result in serious soil erosion that will impact both Idyl wood Park and Fairweather; and destabilizing the fir trees root system, posing a future hazard to Long House B by making it more likely that the trees will fall on it In addition to these adverse impacts, there will be more subjective losses in terms of its aesthetic beauty and the wildlife sanctuary it provides. 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: ---PAGE BREAK--- The tree removal permit is invalid, because the Tree Health Assessment that provides the justification for removal is defective. The only defect mentioned in the assessment is not sufficient to warrant the tree's removal. In addition, the conclusions found in the assessment are not reflective of the actual condition of the tree; and the assertions the tree will not survive and that a large percentage of roots would be damaged are not supported by the evidence. We intend on submitting in due course a Tree Health Assessment from a International Society for Arboriculture that supports these statements. 3. Please state the specific relief requested: That the permit be ruled invalid and the tree preserved. 4. Please provide other information None at this time.