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Appeal of the Hearing Examiner's denial of the Willowdale Fence Height Variance (PLN20130039).

Proposal Summary

Washington Federal requested a variance to exceed the maximum allowed height for an existing retaining wall/fence as regulated in Edmonds Community Development Code (ECDC) 17.30.000.D. The site is located at Willowdale Townhomes at 20734 76th Ave. W. and is zoned Multiple Residential (RM-2.4).

Based on the record created at an open record public hearing held on July 25, 2013, the Hearing Examiner denied the variance on August 8, 2013. The City of Edmonds received one appeal of the Hearing Examiner's decision on August 22, 2013.

The appeal on this matter has been scheduled for a closed-record review hearing before the City Council on Tuesday, October 1, 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 body/officer (the Hearing Examiner in this instance), which includes the written decision of the hearing body/officer, 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 Willowdale Fence Height Variance is posted below.  The first link is to all of the written materials associated with the record including the Hearing Examiner's decision, staff report and other exhibits admitted into the record.  This written record has been Bates Stamped with sequential numbers (001 to 042), 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.  Also included below is a link to the audio file from the July 25, 2013 open record public hearing. 

The written record for the Willowdale Fence Height Variance is available by clicking here. (This file is 42 pages and 7.5 mb).

The audio file from the July 25, 2013 hearing is available at this link. (This file is 57 mb).  The item begins at 4:50 minutes into the file and runs to 39:35 minutes. 


The appeal of the Hearing Examiner's decision received by the City of Edmonds is available by clicking on the appeal file number below.

Appeal File Number       Appellant
APL20130009       Barghausen Consulting Engineers, Inc. - Wayne Potter


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 September 13, 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 September 20, 2013.


  An appellant may rebut in writing to responses submitted by parties of record no later than September 25, 2013.



The applicant may submit a final surrebuttal in writing to an appellant's rebuttal no later than September 27, 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
Parties of Record Written Responses 
Date Received   Author
Appellants Written Rebuttals
Date Received   Author
Applicant Surrebuttal 
Date Received   Author 



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