CITY OF MERCER ISLAND DEVELOPMENT SERVICES GROUP 9611 SE 36TH STREET MERCER ISLAND, WA PHONE:

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1 CITY OF MERCER ISLAND DEVELOPMENT SERVICES GROUP 9611 SE 36TH STREET MERCER ISLAND, WA PHONE: WEEKLY BULLETIN FREQUENTLY ASKED QUESTIONS 1. IF I OBJECT TO THE APPLICATION, WILL IT BE DENIED? There are criteria in the MICC for which the application is reviewed. If the proposal meets the criteria required by City Code, the City must approve the permit. Approval by the neighbors is not one of the criteria in the City Code. If you provide comment within the specified comment period, you will be a party of record and will have the ability to appeal the decision. Written comments should specifically address how the application does not meet one or more of the criteria listed in the Applicable Development Regulations. Most concerns can be addressed prior to issuance of the permit. It is the City s goal to work with applicants and neighbors to resolve potential concerns. 2. WHAT ARE THE CRITERIA FOR APPROVAL OF A PERMIT? The criteria for review of a permit are found within the Mercer Island City Code and are listed in the Applicable Development Regulations section of the bulletin. Here is a link to the City Code. Please feel free to call or the staff contact listed on the front of the notice, and we will be happy to discuss the review process in more detail. 3. WILL THERE BE A PUBLIC HEARING ON THIS APPLICATION? Public Hearings are only required for Discretionary Actions. For a list of Discretionary Actions, please refer to MICC (E). The public bulletin for each project will state under the Public Hearing section if a hearing is required. 4. WHO CAN I CONTACT TO GET MORE INFORMATION? The contact information for the planner assigned to each specific project is listed on the bottom of the first page of each notice. You can call or the planner assigned to the

2 project using the provided contact information. You can also call the Planner helpline for zoning related questions at Additional resources available on-line include: Staff directory, city regulations, and additional information about permits Follow the status of a specific permit by address or permit number Mercer Island Map Portal: A tool to search for site-specific information 5. I WANT TO ACCESS AND REVIEW SPECIFIC PROJECT DOCUMENTS. Please click on the associated link under Project Documents on each Public Notice to access the folder with the project documents associated with the application. The project documents available through this link contain most, but may not contain all the publicly available information for each project. For example, when a project is updated with a different project design, older designs may be removed from the public folder to avoid confusion. Each folder will be updated when there is a project revision. 6. I WANT TO LEARN MORE ABOUT SEPA. What is SEPA? SEPA is an acronym for the State Environmental Policy Act and is a review that is intended to act as a safety net in protecting the environment. Following SEPA review, the City must issue a determination of Significance, Non Significance, or a Mitigated Determination of Non Significance. Applicants for a SEPA review must complete a SEPA checklist, and may need to prepare additional mitigation to avoid a probable significant impact to the environment. When is a project SEPA exempt? The state Department of Ecology establishes categorical exemptions to SEPA review, which are generally described here: WAC For example, a shoreline dock may be SEPA exempt if the dock was legally established and normal maintenance and repair is proposed. However, SEPA is required if the dock will expand or if a new dock is being built. Where can I find more information? Please check out the Washington State Department of Ecology SEPA website and the SEPA handbook. Another useful page is the SEPA form templates found here. 7. I APPRECIATE RECEIVING THESE NOTICES. HOW DO I AUTOMATICALLY GET A COPY OF ALL PUBLIC NOTICE OF APPLICATIONS AND DECISIONS? Simply send us an a request and we will a link to any future notice of applications and decisions that are published in the city s Weekly Permit Bulletin. Currently, the request can be sent to lauren.anderson@mercergov.org.

3 DETERMINATION OF NON-SIGNIFICANCE (DNS) Application Nos.: Description of proposal: Applicant: Owner: SEP (SHL16-019) Review under the State Environmental Policy Act (SEPA) to repair an existing pier. The project consists of removing and replacing the pile caps and stringers and installing a fully grated deck, removing five inshore wood piles, driving two 8-inch wood piles, and repairing eighteen piles with the pile stub method. Previously a seaplane lift was proposed as part of the project. A seaplane lift is no longer proposed. Ted Burns (Seaborn Pile Driving Company) Scott Peyree Location of proposal: th Ave SE, Mercer Island WA 98040; Identified by King County Assessor tax parcel number Lead agency: Project Documents: Please click on the link here to access the associated documents for this project. The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist. This information is available to the public on request. There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC There is no further comment period on the DNS. This DNS is issued under WAC (2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by. Responsible Official: Nicole Gaudette, Senior Planner 9611 SE 36 th Street Mercer Island, WA Phone: (206)

4 Date: May 12, 2017 Signature: APPEAL INFORMATION This decision to issue a Mitigated Determination of Non-significance (MDNS) rather than to require an EIS may be appealed pursuant to Section of the Mercer Island Unified land Development Code, Environmental procedures. Any party of record may appeal this determination to the City Clerk at 9611 SE 36 th Street Mercer Island, WA no later than 5:00 PM on Monday May 30, 2017 by filing a timely and complete appeal application and paying the appeal fee. You should be prepared to make specific factual objections. Contact the City Clerk to read or ask about the procedures for SEPA appeals. To reverse, modify or remand this decision, the appeal hearing body must find that there has been substantial error, the proceedings were materially affected by irregularities in procedure, the decision was unsupported by material and substantial evidence in view of the entire record, or the decision is in conflict with the city s applicable decision criteria. There is no agency appeal.

5 DETERMINATION OF NON-SIGNIFICANCE (DNS) Application Nos.: Description of proposal: Proponent: SEP (SHL16-021) Review under the State Environmental Policy Act (SEPA) to replace an existing pier. The project consists of removing the existing 600 square foot dock and fourteen (14) wood support piles, and construct a new square foot dock supported by ten (10) 8 steel support piles. The work will also include the installation of one (1) ground based boatlift and two ground based jet ski lifts and a platform lift. The project also involves restoration of a cove and implementation of a planting plan. Ted Burns (Seaborn Pile Driving Company) Location of proposal: th Ave SE, Mercer Island WA 98040; Identified by King County Assessor tax parcel number Lead agency: Project Documents: Please click on the link here to access the associated documents for this project. The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist. This information is available to the public on request. There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC There is no further comment period on the DNS. This DNS is issued under WAC (2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by. Responsible Official: Nicole Gaudette, Senior Planner 9611 SE 36 th Street Mercer Island, WA Phone: (206)

6 Date: May 12, 2017 Signature: APPEAL INFORMATION This decision to issue a Determination of Non-significance (DNS) rather than to require an EIS may be appealed pursuant to Section of the Mercer Island Unified land Development Code, Environmental procedures. Any party of record may appeal this determination to the City Clerk at 9611 SE 36 th Street Mercer Island, WA no later than 5:00 PM on Tuesday May 30, 2017 by filing a timely and complete appeal application and paying the appeal fee. You should be prepared to make specific factual objections. Contact the City Clerk to read or ask about the procedures for SEPA appeals. To reverse, modify or remand this decision, the appeal hearing body must find that there has been substantial error, the proceedings were materially affected by irregularities in procedure, the decision was unsupported by material and substantial evidence in view of the entire record, or the decision is in conflict with the city s applicable decision criteria. There is no agency appeal.

7 DETERMINATION OF NON-SIGNIFICANCE (DNS) Application Nos.: Description of proposal: Proponent: Location of proposal: Lead agency: SEP (SHL16-008) Review under the State Environmental Policy Act (SEPA) for dredging near existing pier, construction of a cove beach area, and installation of a new platform lift. Al Foltz (Waterfront Construction, Inc.) nd Ave SE, Mercer Island WA 98040; Identified by King County Assessor tax parcel number , , and The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist. This information is available to the public on request. There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC There is no further comment period on the DNS. This DNS is issued under WAC (2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by. Responsible Official: Date: May 15, 2017 Robin Proebsting, Senior Planner 9611 SE 36 th Street Mercer Island, WA Phone: (206) robin.proebsting@mercergov.org Signature APPEAL INFORMATION This decision to issue a Determination of Non-significance (DNS) rather than to require an EIS may be appealed pursuant to Section of the Mercer Island Unified Land Development Code, Environmental procedures.

8 Any party of record may appeal this determination to the City Clerk at 9611 SE 36 th Street Mercer Island, WA no later than 5:00 PM on Monday, May 29th, 2017 by filing a timely and complete appeal application and paying the appeal fee. You should be prepared to make specific factual objections. Contact the City Clerk to read or ask about the procedures for SEPA appeals. To reverse, modify or remand this decision, the appeal hearing body must find that there has been substantial error, the proceedings were materially affected by irregularities in procedure, the decision was unsupported by material and substantial evidence in view of the entire record, or the decision is in conflict with the city s applicable decision criteria. There is no agency appeal.

9 NOTICE OF DECISION NOTICE IS HEREBY GIVEN that approval has been granted for the application described below: File No.: Description: Applicant(s): Owner(s): Location of Property: SEPA Determination: Applicable Development Regulations: ADU The applicant requested approval for an approximately 895 square foot internal Accessory Dwelling Unit (ADU) within an existing 3,260 square foot single family home. Timothy Lemon Timothy Lemon 4219 Shoreclub Dr, Mercer Island WA 98040; Identified by King County Assessor tax parcel number The proposal is categorically exempt from SEPA review per WAC (1)(b)(i). Pursuant to MICC (E), an application for a critical area determination is required to be processed as an Administrative Action. Processing requirements for Administrative Actions are further detailed in MICC The project will be reviewed for consistency with the following sections of the Mercer Island City Code: MICC Residential, MICC Administration, and MICC Definitions. Project Documents: Other Associated Permits: Decision: Appeal Rights: Please click on the link here to access the associated documents for this project. A future building permit is anticipated. Approved subject to conditions. DISCLAIMER: This information is provided as a courtesy. It is the ultimate responsibility of the appellant to comply with all legal requirements for the filing of an appeal. Parties of record have the right to appeal certain permit and land use decisions. In some cases, other affected parties also have appeal rights. Depending on the type of decision, the appeal may be heard by a City Hearing Examiner, Commission, Board, or City Council, or outside the City to the State Shoreline

10 Hearings Board, the State Growth Management Hearings Board, or King County Superior Court. For a comprehensive list of actions and the applicable entity who will hear the appeal, see MICC (E). If you desire to file an appeal of a decision that is appealable to the City, you must submit the appropriate form and file it with the City Clerk within the time stated in the Notice of Decision. Forms are available from the Development Services Group. Upon receipt of a timely complete appeal application and appeal fee, an appeal hearing will be scheduled. To reverse, modify or remand a decision, the appeal hearing body must find that there has been substantial error; the proceedings were materially affected by irregularities in procedure; the decision was unsupported by material and substantial evidence in view of the entire record; or the decision is in conflict with the City s applicable decision criteria. Property Tax Revaluation: Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. For more information, please contact the King County Assessor s office at (206) Application Process Information: Date of Application: March 9, 2017 Date Determined to Be Complete: March 17, 2017 Public Comment Period: March 27, 2017 through 5:00 PM on April 10, 2017 Date Notice of Decision Issued: May 15, 2017 Appeal Filing Deadline: 5:00 PM on Tuesday May 30, 2017 You may review the file on this matter, weekdays between 8:30 a.m. and 5:00 p.m. at Mercer Island City Hall, 9611 SE 36th Street, Mercer Island, WA. Questions regarding this matter should be referred to: Robin Proebsting Senior Planner Development Services Group (206) robin.proebsting@mercergov.org

11 PUBLIC NOTICE OF DECISION NOTICE IS HEREBY GIVEN that approval has been granted for the application described below: File No.: DEV Description of Request: Applicant : Owner: The applicant has requested approval of a fence height deviation to increase the maximum allowed height for a gate from 42 inches to 60 inches. The gate is proposed to be located in the front yard setback, within 20 feet of an improved private street in the southwest corner of the subject property. Brad Sturman (Sturman Architects) Bent Kjos and Lisa Tall Location of Property: 6308 SE 22 nd St., Mercer Island, WA, 98040; Identified by King County Assessor tax parcel number SEPA Determination: Applicable Development Regulations: Project Documents: Other Associated Permits: Decision: Appeal Rights: The proposal is categorically exempt from the State Environmental Policy Act (SEPA) per MICC (D), (J)(2), and WAC (6)(e). Pursuant to MICC (E), an application for a deviation is required to be processed as an Administrative Action. Processing requirements for Actions are further detailed in MICC The project has been reviewed for consistency with the following sections of the Mercer Island City Code: MICC Residential, MICC Administration, and MICC Definitions. Please click on the link here to access the associated documents for this project. None have been requested at this time Approved subject to conditions. DISCLAIMER: This information is provided as a courtesy. It is the ultimate responsibility of the appellant to comply with all legal requirements for the filing of an appeal.

12 Parties of record have the right to appeal certain permit and land use decisions. In some cases, other affected parties also have appeal rights. Depending on the type of decision, the appeal may be heard by a City Hearing Examiner, Commission, Board, or City Council, or outside the City to the State Shoreline Hearings Board, the State Growth Management Hearings Board, or King County Superior Court. For a comprehensive list of actions and the applicable entity who will hear the appeal, see MICC (E). If you desire to file an appeal of a decision that is appealable to the City, you must submit the appropriate form and file it with the City Clerk within the time stated in the Notice of Decision. Forms are available from the Development Services Group. Upon receipt of a timely complete appeal application and appeal fee, an appeal hearing will be scheduled. To reverse, modify or remand a decision, the appeal hearing body must find that there has been substantial error; the proceedings were materially affected by irregularities in procedure; the decision was unsupported by material and substantial evidence in view of the entire record; or the decision is in conflict with the City s applicable decision criteria. Property Tax Revaluation: Application Process Information: Affected property owners may request a change in valuation for property tax purposed notwithstanding any program of revaluation. For more information, please contact the King County Assessor s office at (206) Date of Application: February 13, 2017 Determined to Be Complete: March 2, 2017 Bulletin Notice: March 13, 2017 Date Mailed: March 13, 2017 Date Posted on Site: March 13, 2017 Comment Period Ended: 5:00 PM on May 27, 2017 Date of Notice of Decision Issued: May 15, 2017 Appeal Filing Deadline: 5:00 on May 30, 2017 The application on file on this matter are available for review at the, Development Services Group, 9611 SE 36 th Street, Mercer Island, Washington. Written comments and/or requests for additional information should be referred to: Andrew Leon, Planner Development Services Group 9611 SE 36 th Street Mercer Island, WA (206) andrew.leon@mercergov.org

13 PUBLIC NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN that the has received the applications described below: File Nos.: CAO17-005, DEV17-009, ADU17-003, SHL17-007, SUB Description of Request: The applicant has applied for land use applications associated with the construction of a new single family dwelling with an Accessory Dwelling Unit (ADU), the construction of a new driveway and a retaining wall that will require alteration of a steep slope, and an increase in lot coverage (impervious surface). A Critical Areas Determination is required to alter the steep slope for the construction of a driveway and shoring/retaining wall. An Impervious Surface Deviation is required to authorize an additional 5% lot coverage (total of 35%) for the proposed single family residence, ADU, and associated lot improvements. An Accessory Dwelling Unit Permit is required for the construction of a detached ADU with a total gross floor area of 810 square feet (excluding the garage area). The proposed development of the new single family home and ADU is near the shoreline, however the project is Shoreline Exempt per WAC (2)(g). A Shoreline Exemption Permit is required for the construction of the new single family home, ADU and associated site development landward of the Ordinary High Water Mark (OHWM) and is exempt per WAC (2)(g). A Lot Line Consolidation is required for the consolidation of the two lots ( and ). Applicant: Owner: Location of Property: David Jaffe (Demetriou Architects) The Lady Bug Trust 3675 West Mercer Way, Mercer Island, WA, 98040; Identified by King County Assessor tax parcel number: , ,

14 SEPA Compliance: Project Documents: The proposal is categorically exempt from SEPA review per WAC (6)(e). Please click on the link here to access the associated documents for this project. Written Comments: Public Hearing and Public Meeting: Applicable Development Regulations: Other Associated Permits: This may be the only opportunity to comment on the environmental impacts of the proposal. Written comments on this proposal may be submitted to the on or before Tuesday, May 30, 2017 at 5:00 p.m. either in person or mailed to the, 9611 SE 36th Street, Mercer Island, WA Anyone may comment on the application, receive notice, and request a copy of the decision once made. Only those persons who submit written comments on or before Tuesday, May 30, 2017 at 5:00 p.m. will be parties of record; and only parties of record will receive a notice of the decision and have the right to appeal. Please lauren.anderson@mercergov.org if you would like to review the application and associated materials. Pursuant to MICC (E) and MICC (F)(1), a public hearing is not required for this proposal. Applications for a Critical Areas Determination, Deviation, and Accessory Dwelling Unit are Administrative Actions pursuant to Mercer Island City Code (MICC) (E). Processing requirements for Administrative Actions are further detailed in MICC The Critical Areas Determination procedures are contained in MICC Environment ( ) and MICC definitions ( critical area determination and steep slope ). The Impervious Surface Deviation procedures are contained in MICC Residential ( ) and MICC Property Development ( ). The Accessory Dwelling Unit procedures are contained in MICC Residential ( ). The project is being reviewed as a consolidated permit, pursuant to Chapter MICC. SHL (SEP17-011) a Substantial Development Permit for a dock expansion and a future building permit is anticipated. Studies and/or Environmental Documents Requested: A Geotechnical Report has been submitted for review. Application Process Date of Application: April 25, 2017 Determined to Be Complete: May 10, 2017

15 Information: Bulletin Notice: May 15, 2017 Date Mailed: May 15, 2017 Date Posted on Site: May 15, 2017 Comment Period Ends: 5:00PM on May 30, 2017 The application on file for this matter is available for review at the, Development Services Group, 9611 SE 36 th Street, Mercer Island, Washington. Written comments and/or requests for additional information should be referred to: Lauren Anderson, Assistant Planner Development Services Group 9611 SE 36th Street Mercer Island, WA (206)

16 PUBLIC NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Street Vacation has been initiated by for the property described below: File No.: Description of Request: ZTR The is proposing to vacate a portion of the west end of Freeman Avenue using the resolution method for street vacation authorized pursuant to Chapter MICC. The proposed area of street vacation is located in the 4000 block of Freeman Avenue, starting at a point approximately 240 feet southwest of the intersection of Freeman Avenue and West Mercer Way and continuing west to Lake Washington. Applicant: Location of Property: SEPA Compliance: The proposed area of street vacation is located in the 4000 block of Freeman Avenue, starting at a point approximately 240 feet southwest of the intersection of Freeman Avenue and West Mercer Way and continuing west to Lake Washington. Freeman Avenue is City right-of-way that provides public access and serves five abutting properties. Easements for all City utility infrastructure will be retained. The proposal is exempt pursuant to WAC (2)(i) Public Hearing and Written Comments: Applicable Development Regulations: The open record public hearing with the Planning Commission is scheduled for Wednesday, June 7, 2017 at 7:00 p.m. The public hearing with the City Council will be on June 19, 2017 at 7:00 pm. The hearings will be held at the City Hall Council Chambers, located at 9611 SE 36 th Street, Mercer Island, Washington. Anyone objecting to the proposed street vacation should attend the public hearings or send written comments to the City indicating his or her objection. Written comments on this proposal may be submitted to the on or before Wednesday, June 7, 2017 either in person or mailed to the, 9611 SE 36th Street, Mercer Island, WA Pursuant to MICC (E), an application for a street vacation is reviewed by the Planning Commission and approved the City Council. Applicable criteria for the review and approval of a street vacation are contained in MICC

17 Other Associated Permits: Studies and/or Environmental Documents Requested: There are currently no additional pending permit applications associated with the proposal. Inventory of all rights-of-way within the city that abut the same body of water that is abutted by the street proposed to be vacated and study to determine if said street is suitable for use by the city for port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education purposes. Written comments and/or requests for additional information should be referred to: Patrick Yamashita, City Engineer Development Services Group 9611 SE 36th Street Mercer Island, WA (206) Resolution of Intent to Vacate: May 15, 2017 Planning Commission Public Hearing: June 7, 2017 City Council Public Hearing: June 19, 2017