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• • k. 18. The only comment received during the comment period was from Carlos Chaves- Velando, owner of Parcel 92. Mr. Chaves-Velando objected to any improvements on Parcel 92 because the Applicant failed to consult him about the project before proposing improvements on his property. Exhibit 104;Carlos Chaves-Velando Testimony. 19. Mr. Chaves-Velando appeared at hearing to provide additional comments. His wife is the director of the early learning center on the property north of Parcel 92. He testified that his dumpster is in the gravel area that is proposed to be paved. He expressed concern that his dumpster not be displaced, concern about impacts to a garden on Parcel 92 that is kept by the early learning center, construction timeframes and potential disruption to early learning center parent drop off and/or teacher parking. He also testified that there is some history of disagreement between the property owners with regard to the Church's use of the parking area at times not authorized by the parking license agreement. He stated that he intends to sell the early learning center(the school,not the property) in the near future and he is concerned that uncertainty about the improvements and difficulties with the r. parking agreement could jeopardize the sale. Finally,he was concerned that the j Applicant proposed development of his property without consulting him or obtaining his consent. Carlos Chaves-Velando Testimony. 20. At hearing,Applicant representatives responded to Mr. Chaves-Velando's concerns. They indicated they have been trying to schedule a meeting but were unable to do so before the hearing. They stated that in an email sent the previous week,they had attempted to provide Mr. Chaves-Velando with a draft consent agreement relating to the proposed work on his property,which addresses the dumpster, the garden, and the fact that the Applicant proposes to pay for all improvements. They asserted that the do not propose any change to the existing shared parking license agreement. At hearing,Pastor Tapper offered to purchase and install signage that explains when and where church parking is allowed. Pastor ET Tapper Testimony; Ken Levesque Testimony. 21. The record was held open for submission of the existing parking license agreement, which was offered by both the Applicant and Mr. Chaves-Velando, and also for the proposed consent agreement regarding the project. Carlos Chaves-Velando Testimony; Ken Levesque Testimony. 22. In the shared parking license agreement,the owner of Parcel 92 conveyed to the owner of Parcels 93, 94,and 95 (together referenced in the license as the church property)the right to use the parking area on Parcel 92 on weekends and on Wednesday evenings commencing at 6:00 pm. The license runs with the land and terminates if Parcels 93, 94, and 95 cease to be operated as a church. Exhibit 15. 23. The other document submitted is a not-yet-executed draft entitled, "Consent and Agreement RE Parking Lot Improvements." This document is drafted to commemorate The Staff Report characterizes Mr.Chaves-Velando as a member of the public and his comments as public comment. These characterizations are not adopted in these findings. As owner of property on which improvements are proposed,Mr.Chaves-Velando has a status more similar to the Applicant than a member of the public. His consent to improvement of property he owns is a prerequisite to approval of the instant permits. Findings, Conclusions, and Decision Everett Hearing Examiner View Ridge Community Church, SPU17-005/ESA17-002 page 6 0 10