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IM �F ,I <br /> 1 436 <br /> h November 4,1907 <br /> !4 F I I The conclusions are that the city's current S A policies and <br /> .'m1 Comprehensive P= policies would support leavinghe stream inra <br /> pen channel. v te east` the city staff has anted k the <br /> y;�F C ibut r searing Sxaboutr a portion of the a em 6 C des <br /> ��,�1, tributary located about 1,200 feet downstream from Mr. -bend's <br /> property be navnkained in a open channel. amt e <br />• <br /> N[ The etaff reboaee the council Leffi[ns the Responsible Official'` <br /> 4 sedition ko its s Mitigated be rminatblt o on-Significance for <br /> the propgeal by uMn :Hi o install 180 feet of 3D•culvarG in a <br /> it ! tributary k SwemprCreek and the grad in9 of about 5,000 cubic yards <br /> 1777 of earth on the site. c <br /> 4 I,' ncllman tephaneon said CM1e ncil has ehomn support fot <br /> Sm developdent in M1e community bur hecea3a he xae onfortable with the <br /> position the staff hes taken. <br /> 13,3 i F 1 c Shand of 4126 Serene May,Lynnwood said in the United States <br /> 4 1 private ownership o£real property is an almost sacred right,highly <br /> 11131!,.. . <br /> {� treasured and reflects the high degree of democracy enJsrea by its <br /> G <br /> people. The laws of the Federal overnment and G take <br /> 5 P r 1 precedence over city and county policies. Th[a 3e why thepolicies <br /> q 7 contained in the city's staff report are m0.11,�eugge Gi Gh[ <br /> 17� than autocratic. They are guidelines rather than lave. said r <br /> F addles has mistakenly interpreted these policies as laws and bee <br /> , Car ed him coneve[able krau a and delayee hie projec riding kd <br /> ,i31 <br /> him Considerable financial hard. The city o coy n cisdiction <br /> ; the Constitution of the United States has simply no Jur <br /> 3 �it .�. over private property rlghke. <br /> .Itl <br /> ne said the state had made a mistake in thinking his project was In <br /> 1 4! Lynnwood end then rescinded hie permit. ee acid the whale-procedure <br /> { involving his application had been nothing b <br /> /i j� Tim Iles,Asst.City Attorney,said the ordinances of rthe city were <br /> ACC I re <br /> t guidelines but were regulations adopted by the council an e <br /> d Ijust as legal as any e [federal law. stream.hi y 1 .1 Ted Muller from the Department of Gane said he had reviewed the <br /> � a e law and under this law this stream is in fact a t m There <br /> hj 13.101 e fieb In the stream and he had issued the.permit in error. He <br /> qj said he fully supported the Planning Department and urged the <br /> R council to deny the appeal. <br /> 3 1 IIS Andy McMillen from t Washington State Department of ecology said <br /> F on September 16th he had inspected a the property end recommended <br /> �I denial of the permit. <br /> Died by Councilman Stephenson,seconded by councilman Pope to close <br /> F'6� CM1e public heeling. <br /> �I 3 Voice president Morrow asked if anyone else wished two epee speak and no <br /> ne recuts. <br /> Moll was called cwith all councilmen voting yea a esideet <br /> Gipson who was excused. <br /> Motion Carried. <br /> I <br />