Laserfiche WebLink
CITY COUNCIL FINDINGS, CONCLUSIONS AND DECISION <br />WII�IAMS APAI2TMENTS <br />Environmental Determination Appeal <br />SEPA �152-88 <br />INTRODUCTION <br />1. In March of 1989, the City received a completed application <br />from Jari K. Williams, 939 Liberty, Marysville, WA 98270 <br />for a SEPA environmental review for the construction of a 28 <br />unit apartment building on a 12,000 sf lot. The•subject <br />property is located south of 25th St. and west of Grand <br />Avenue at 2530 to 2514 Grand Ave. <br />2. After review of an environmental checklist and public <br />comments the City issued a Final Mitigated Determination of <br />Non-Significance (DNS) on May 18, 1989. <br />3. An appeal of the DNS was received on May 30, 1989 from <br />William B. Foster, representing Howard and Kay Ozmun, 2511 <br />Grand Avenue, Everett, WA 98201. A letter from William B. <br />Foster clarifying the specific items of appeal was received <br />on June 9, 1989. The following issues were appealed: <br />Density, Traffic, Parkinq, Recreation/Safety, and Noise. <br />4. City Council is responsible for hearinq and decidinq appeals <br />of conditions imposed in the Mitiqated Determination of <br />Non-Significance (MDNS) which were placed throuqh the <br />exercise of substantive authority under SEPA by a <br />non-elected official (Ehe Planning/Community Development <br />Director). <br />5. RCW 43.21C.075(3)(d) - the State statute related to SEPA <br />appeals requires the City to give substantial weight to <br />procedural determinations made by the Responsible Official. <br />The appeal procedures section of the City's SEPA Ordinance <br />No. 13<6-07, Section VIIC states in part, "the determination <br />appealzri from shall be regarded as prima facie correct and <br />the burden of establishing the con�trary shall be upon the <br />appealing party��. This language is consistent with the <br />State st�tute mentioned above. <br />6. The appe,llant must prove that the City erred in issuing the <br />Mitiyared 1?�kermiRaticn of Non-Significance for the <br />propr�sal. <br />7. A pvbl�c 1s���ii�g on Che appQal was held before City Council <br />on ,?uly f�,, .@.�i:�4, Sestifyin� on behalf of the City weXe <br />Fiar.y �us;�'9:r�y�am anci Rabert Landles of the Planning <br />