PUBLIC NOTICE OF APPLICATION

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1 PUBLIC NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN that the City of Mercer Island has received the application described below: File Nos.: DEV Description of Request: Applicant : Owner: The City of Mercer Island received an application for a fence height deviation. Fences that are located within a required building setback yard that lies within 20 feet of an improved street are limited to a maximum height of 42 inches. However, the Mercer Island City Code (MICC) allows for a fence height deviation to increase the maximum allowed fence height from 42 inches to 72 inches for fences within 20 feet of an improved street if certain criteria are met. The applicant is requesting to build a 72-inch fence along their side yard abutting SE 40 th Street. The fence will be setback 15-feet from the edge of SE 40 th Street. Tim Nguyen and Betty Chin-Nguyen Tim Nguyen and Betty Chin-Nguyen Location of Property: th Ave SE., Mercer Island, WA, 98040; Identified by King County Assessor tax parcel number SEPA Compliance: The proposal is categorically exempt from SEPA pursuant to WAC (6)(e). Written Comments: Public Hearing and Public Meeting: Applicable Development Regulations: 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 City of Mercer Island on or before Tuesday, September 20, 2016 at 5:00 p.m. either in person or mailed to the City of Mercer Island, 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, September 20, 2016 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. Pursuant to MICC (E) and MICC (F)(1), a public hearing is not required for this proposal. Pursuant to MICC (E), an application for a Fence Height Deviation Permit is required to be processed as an Administrative Action. Processing requirements for Administrative Actions are further detailed in MICC The project has been reviewed for consistency with the following sections of the Mercer Island City Code: MICC (F).

2 Other Associated Permits: Studies and/or Environmental Documents Requested: None at this time. No additional documents have been requested at this time. The Fence Height Deviation on file on this matter are available for review at the City of Mercer Island, Development Services Group, 9611 SE 36 th Street, Mercer Island, Washington. Written comments and/or requests for additional information should be referred to: Nicole Gaudette, Senior Planner Development Services Group City of Mercer Island 9611 SE 36th Street Mercer Island, WA (206) Date of Application: July 19, 2016 Determined to Be Complete: August 30, 2016 Bulletin Notice: September 6, 2016 Date Mailed: September 6, 2016 Date Posted on Site: September 6, 2016 Comment Period Ends: 5:00PM on September 20, 2016

3 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: SUB A request for preliminary short plat approval to subdivide one existing lot into three (3) lots and an access tract. Gary Upper for JayMarc Homes JayMarc Luxury Homes II LLC (Formerly the Estate of Joseph Moodie) 8200 SE 30th Place, Mercer Island, WA 98040; Identified by King County Assessor tax parcel number The proposal is categorically exempt from the State Environmental Policy Act (SEPA) per MICC (D), (J)(2), and WAC (6)(d). Pursuant to MICC (E), an application for a preliminary short plat is required to be processed as an Administrative Action. Processing requirements for Administrative 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 Environment, MICC Subdivisions, MICC Property Development, MICC Administration, and MICC Definitions. Other Associated Permits: Decision: Appeal Rights: Future site development and building permits are 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 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.

4 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: October 21, 2015 Date Determined to Be Complete: December 4, 2016 Public Comment Period: December 14, 2015 through 5:00 PM on December 28, Date Notice of Decision Issued: September 6, 2016 Appeal Filing Deadline: 5:00 PM on Tuesday, September 20, 2016 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: Will Piro, Planner Development Services Group City of Mercer Island 9611 SE 36th Street Mercer Island, WA (206) will.piro@mercergov.org

5 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 Compliance: Applicable Development Regulations: Other Associated Permits: Decision: Appeal Rights: SHL Approval of a Shoreline Substantial Development Permit to construct a low impact development bio-retention area, including up to 120 cubic yards of excavation within the City s shoreline jurisdiction (areas within 200 feet from the ordinary high water mark of Lake Washington). The work is part of the I-90 Two Way Transit Stage 3 Project. Washington State Department of Transportation (WSDOT) Washington State Department of Transportation (WSDOT) th Avenue SE (WSDOT property just north of I-90 bridge) A Final Environmental Impact Statement was issued by Sound Transit on July 15, 2011, with an addendum issued on March 25, Pursuant to MICC (E), an application for a Substantial Development Permit is required to be processed as an Administrative Action. Processing requirements for Administrative Actions are further detailed in MICC The project has been reviewed for consistency with the following sections of the Mercer Island City Code: MICC The Shoreline Management Master Program. None at this time Approved 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 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. For Shoreline Substantial Development Permits, appeals must be filed with the Shorelines Hearing Board. For details, please visit their website.

6 Application Process Information: Date of Application: June 21, 2016 Date Determined to Be Complete: July 19, 2016 Public Comment Period: July 25, 2016 through 5:00 PM on August 24, 2016 Date Notice of Decision Issued: September 6, 2016 Appeal Filing Deadline: Any person aggrieved by the issuance of this decision may seek review from the Shorelines Hearings Board by filing a petition for review within twenty-one days of the date of filing of the decision as defined in RCW (6). 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: Liz Thompson, Planner Development Services Group City of Mercer Island 9611 SE 36th Street Mercer Island, WA Liz.thompson@mercergov.org

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