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Appeal of Tom and Lin Hillman's Consolidated Application for Setback and Critical Areas Variances (PLN20120033)

Tom and Lin Hillman submitted a consolidated application on August 1, 2012 for setback and critical areas variances for the construction of a new single-family residence at 1139 Sierra Place.  A hearing on this application was held before the Hearing Examiner on March 14, 2013.  The Hearing Examiner issued an initial decision on March 28, 2013, of which the City and applicant requested reconsideration.  Following an order on the reconsideration issued by the Hearing Examiner on April 16, 2013 and receipt of comments from parties of record, the Hearing Examiner issued a final decision upon reconsideration on April 24, 2013, which was mailed to all parties of record on April 25, 2013.  A timely appeal by Stephen Schroeder, Cheryl Beighle, Todd Brown, and Candy Brown was received on May 8, 2013.  Information regarding this application and the appeal is provided in the following sections.

This appeal has been scheduled for a closed-record review hearing before the City Council on Tuesday, June 18, 2013 at 7:00 p.m.

Closed Record Appeal

A closed record appeal means an administrative appeal on the record to the City Council, following an open record public hearing on a development project permit application when the appeal is on the record with no new evidence nor information allowed to be submitted, except as provided in ECDC 20.07.005.B, and only appeal argument allowed.

Only parties of record are allowed to testify at the closed record appeal or submit responses to the written arguments that are submitted as identified in the timeline below.  ECDC 20.07.003.B defines parties of record as:

  The applicant;
  Any person who testified at the open record public hearing on the application;
  Any person who individually submits written comments concerning the application at the open record public hearing (or to staff if an appeal of a Type II decision).  Persons who have only signed petitions are not parties of record; and/or
  The City of Edmonds

Record on Appeal

Pursuant to Edmonds Community Development Code (ECDC) Section 20.07.005.A, closed record appeals shall be based on the record established at the open record hearing before the Hearing Examiner, which includes the written decision of the Hearing Examiner, copies of any exhibits admitted into the record, and official transcript, minutes or tape recording of the proceedings.

The official record on appeal for the Hillman variance application is posted below.  The first link is to all of the written materials associated with the record including the Hearing Examiner's decisions, staff report and other exhibits admitted into the record.  This written record has been Bates Stamped with sequential numbers (0001 to 0294), which are located at the bottom of each page.  This will help the City Council and parties of record identify and reference specific sections of the record.  No official transcript of the March 14, 2013 hearing has been prepared, so a link to the audio recording of this hearing is provided below.

The written record for the Hillman variance application is available by clicking here. (Note this is a large file at 294 pages and 32.57 mb).

Three video clips where shown by Cheri Zehner during the public comment portion of the hearing on March 14, 2013.  These videos are available via the following links:
Zehner Video 1 (102.26 mb)
Zehner Video 2 (57.92 mb)
Zehner Video 3 (88.62 mb)

The audio of the March 14, 2013 hearing is available in mp3 format by clicking here. (Note this is also a large file at 108.47 mb. The Hillman variance application was the second item on the March 14th agenda, so the audio for this portion of the meeting starts at 30:20 and lasts approximately 1.5 hours). 


One appeal of the Hearing Examiner's Final Decision Upon Reconsideration was received by the City of Edmonds.  This appeal is available by clicking on the appeal file number below.

Appeal File Number       Appellants
APL20130001       Stephen Schroeder, Cheryl Beighle, Todd Brown, and Candy Brown


Written Arguments

ECDC 20.07.005.D provides appellants an opportunity to submit written arguments, and parties of record and the applicant an opportunity to respond to those written arguments on a prescribed timeline.  The deadlines for submission of written arguments is as follows:

  • If you are an appellant (one of the persons listed above) and you wish to submit written arguments, you must submit any written argument by May 31, 2013.
  • Any party of record may respond to the written argument (except the appellant who wrote it) in writing and must submit the response by June 7, 2013.
  • An appellant may rebut in writing to responses submitted by parties of record no later than June 12, 2013.
  • The applicant may submit a final surrebuttal in writing to an appellant's rebuttal no later than June 14, 2013.

All written arguments and rebuttals must be received by the City's Development Services Department at or before 4:30 p.m. on the applicable due dates listed above.  Late submittals will not be accepted.  The Development Services Department is located on the second floor of City Hall at 121 5th Avenue North.

As stated above, this matter is a closed record appeal, and no new testimony or other evidence will be accepted by the City Council except as specified in ECDC 20.07.005.B.  When submitting written arguments and rebuttals, please reference the specific location in the record by referencing the Bates Stamped page numbers.  This will help all parties prepare for the closed record review and during the review before City Council.  

The written arguments received by the City will be posted on this page upon receipt.  It is the responsibility of the parties involved to obtain for their own use copies of the written arguments, responses, rebuttals and surrebuttals submitted.  This web page is intended to make that easier given the sensitive timelines involved.

Written arguments will be posted below as they are received.  These arguments can be viewed by clicking on the author of the arguments.

Appellants' Written Arguments
Date Received Author
May 31, 2013     Stephen Schroeder, Cheryl Beighle, Todd Brown, & Candy Brown
Parties of Record Written Responses 
Date Received   Author
May 28, 2013   Alvin Rutledge
May 30, 2013   David Thorpe
June 7, 2013    Tom and Lin Hillman
June 7, 2013    Jeff Taraday and Beth Ford, Lighthouse Law Group PLLC
Appellants' Written Rebuttal
Date Received   Author
June 12, 2013   Stephen Schroeder, Cheryl Beighle, Todd Brown, & Candy Brown
Applicant's Final Written Surrebuttal
Date Received   Author
June 14, 2013     Tom and Lin Hillman



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