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10925 EVERGREEN WAY 2016-01-01 MF Import
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10925 EVERGREEN WAY 2016-01-01 MF Import
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Last modified
2/10/2017 10:14:23 AM
Creation date
2/10/2017 10:14:02 AM
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Address Document
Street Name
EVERGREEN WAY
Street Number
10925
Imported From Microfiche
Yes
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� <br /> � <br /> CONCLUSIONS <br /> 1. The Appellant submitted an application for a Special Property Use Permit <br /> expansion of the RV park at 10925 Evergreen Way, Everett, Washington. <br /> The Appellant submitted the forms supplied to him by the City of Everett <br /> and submitted the filing fee. <br /> 2. A Special Property Use Permit is a land use permit that is regulated <br /> pursuant to the Regulatory Reform Act of the State of Washington as set <br /> forth in RCW, Chapter 36.706. RCW 36.706.020.4 defines "project <br /> permiY' as: <br /> "any land use or environmental permit or license <br /> required from a local government for a project <br /> action......" <br /> A Special Property Use Permit qualifies as a land use permit for which <br /> approval is required by the City of Everett. The SPU is subject to the <br /> requi�ements of RCW 36.706. <br /> 3. RCW 36.70B.070 establishes a process for determining completeness of <br /> an application within 28 days. After receiving a project appiication, the <br /> local govemment must mail or provide the Applicant with a written <br /> determination as to whether or not the application is complete, or if the <br /> application is incomplete, what is necessary to make the application <br /> complete. This process was not done in the instant case. The only <br /> notice the Appellant had was that the City was not going to process the <br /> application. This notice was provided in the determination of Apri� 29, <br /> 1999. The City did not provide a required detailed statement as to why <br /> the application was incomplete. <br /> DECISION <br /> Based upon the preceding findings of facts and conclusions, testimony and <br /> evidence submitted at the public hearing, it is hereby ordered that the City was <br /> in error in the manner in which it processed, or failed to process, the application <br /> of the Appellant for the expansion of the SPU. The City failed to follow the <br /> required procedure as set forth in RCW 36.706.070. Further, the Ciry did not <br /> provide the Appellant with all the necessary information needed to refuse to <br /> process the application. Accordingly, the application is remanded to the City of <br /> Everett Planning Department for further review consistent with this ruling. <br /> 6/� <br />
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