Jun 19, 2017
Seattle Department of Construction and Inspections
Land Use Information Bulletin
A Twice-Weekly Bulletin Announcing Land Use Applications, Decisions, Hearings, and Appeals

Notices of Decisions

The Director of the Department of Planning and Development has reviewed the Master Use Permit application(s) below and issued the following decisions. Interested parties may appeal these decisions.

Hearing Examiner Appeals

To appeal to the City’s Hearing Examiner, the appeal MUST be in writing. Appeals may be filed online at www.seattle.gov/examiner/efile.htm, delivered in person to the Hearing Examiner’s office on the 40th floor of Seattle Municipal Tower at 700 Fifth Ave. or mailed to the City of Seattle Hearing Examiner, P.O. Box 94729, Seattle, WA 98124-4729.  (Delivery of appeals filed by any form of USPS mail service may be delayed by several days.  Allow extra time if mailing an appeal.)   An appeal form is available at www.seattle.gov/examiner/LANDUSEAPLFORM.pdf

Appeals must be received prior to 5:00 P.M. of the appeal deadline indicated below and be accompanied by an $85.00 filing fee.  The fee may be paid by check payable to the City of Seattle or a credit/debit card (Visa and MasterCard only) payment made in person or by telephone at 206-684-0521.   (The Hearing Examiner may waive the appeal fee if the person filing the appeal demonstrates that payment would cause financial hardship).

The appeal must identify all the specific Master Use Permit component(s) being appealed, specify exceptions or objections to the decision, and the relief sought. Appeals to the Hearing Examiner must conform in content and form to the Hearing Examiner’s rules governing appeals. The Hearing Examiner Rules and “Public Guide to Appeals and Hearings Before the Hearing Examiner” are available at www.seattle.gov/examiner/guide-toc.htm. To be assured of a right to have your views heard, you must be party to an appeal. Do not assume that you will have an opportunity to be heard if someone else has filed an appeal from the decision. For information regarding appeals, visit the Hearing Examiner’s website at www.seattle.gov/examiner or call them at (206) 684-0521.


The subject matter of an appeal of a discretionary decision is limited to the code criteria for that decision, and generally may not include other arguments about how the development regulations of the Land Use Code or related codes were applied.  However, in conjunction with an appeal, a Land Use Code interpretation may be requested to address the proper application of certain development regulations in the Land Use Code (Title 23) or regulations for Environmentally Critical Areas (Chapter 25.09) that could not otherwise be considered in the appeal.  For standards regarding requests for interpretations in conjunction with an appeal, see Section 23.88.020.C.3.c of the Land Use Code.

Interpretations may be requested by any interested person. Requests for interpretations must be filed in writing prior to 5:00 P.M. on the appeal deadline indicated below and be accompanied by a $2,500.00 minimum fee payable to the City of Seattle. (This fee covers the first ten hours of review. Additional hours will be billed at $250.00.) Requests must be submitted to the Department of Planning and Development, Code Interpretation and Implementation Section, 700 5th Av Ste 2000, PO Box 34019, Seattle WA 98124-4019. A copy of the interpretation request must be submitted to the Seattle Hearing Examiner together with the related project appeal. Questions regarding how to apply for a formal interpretation may be sent to PRC@seattle.gov .  (Please include “Interpretation Information” in the subject line.) You may also call the message line at (206) 684-8467.

Shoreline Decisions

An appeal from a shoreline decision is made to the State Shorelines Hearing Board. It is NOT made to the City Hearing Examiner. The appeal must be in writing and filed within 21 days of the date the DPD decision is received by the State Department of Ecology (DOE). The DPD decision will be sent to DOE by the close of business on the Friday of this week. If the Shoreline decision involves a shoreline variance or shoreline conditional use, the appeal must be filed within 21 days after DOE has made their decision. The information necessary for DOE to make their decision will be sent to them by the close of business on the Friday of this week. The beginning of the appeal period may also be provided to you by contacting the PRC at PRC@seattle.gov, or by calling the message line at (206) 684-8467. The minimum requirements for the content of a shoreline appeal and all the parties who must be served within the appeal period cannot be summarized here but written instructions are available in DPD’s TIP 232 (web1.seattle.gov/dpd/cams/CamList.aspx).  Copies of TIP 232 are also available at the DPD Applicant Services Center, 700 5th Av Ste 2000, PO Box 34019, Seattle, WA 98124-4019.  You may also contact the Shorelines Hearing Board at (360) 459-6327. Failure to properly file an appeal within the required time period will result in dismissal of the appeal. In cases where a shoreline and environmental decision are the only components, the appeal for both shall be filed with the State Shorelines Hearing Board. When a decision has been made on a shoreline application with environmental review and other appealable land use components, the appeal of the environmental review must be filed with both the State Shorelines Hearing Board and the City of Seattle Hearing Examiner.


When specified below written comments will be accepted. Comments should be sent to: PRC@seattle.gov or mailed to Department of Planning and Development, 700 5th Av Ste 2000, PO Box 34019, Seattle, WA 98124-4019.  All correspondence is posted to our electronic library.


The project file, including the decision, application plans, environmental documentation and other additional information related to the project, is available in our electronic library at web6.seattle.gov/dpd/edms/.  Public computers, to view these files, are available at the DPD Public Resource Center, 700 Fifth Avenue, Suite 2000. The Public Resource Center is open 8:00 a.m. to 4:00 p.m. on Monday, Wednesday, Friday and 10:30 a.m. to 4:00 p.m. on Tuesday and Thursday.

To learn if a decision has been appealed check the website at web1.seattle.gov/DPD/permitstatus/ and click on the Land Use tab in the lower half of the screen for any Hearing date and time., You may also contact the PRC at prc@seattle.gov, , 700 Fifth Avenue, Suite 2000, 20th Floor or call our message line at (206) 684-8467. (The Public Resource Center is open 8:00 a.m. to 4:00 p.m. on Monday, Wednesday, Friday and 10:30 a.m. to 4:00 p.m. on Tuesday and Thursday.)


(Top of image is north.)
Map is for illustrative purposes only.  In the event of omissions, errors or differences, the documents in SDCI's files will control.
Area: Downtown/Central    Address: 115 26TH AVE E
Project: 3026358    Zone: POTENTIAL SLIDE AREA, STEEP SLOPE (>=40%), LOWRISE-2
Decision Date: 06/19/2017

Contact: JONATHAN LEMONS - (206)306-5952
Planner: Brandon Cummings - (206) 684-0251

Land Use Application to allow two, three-story, two-unit townhouse buildings (four units) in an environmentally critical area. Covenant parking for seven vehicles will be provided on adjacent site at 111 26th Ave E. To be considered with project #3026334 for shared access. Environmental review includes future unit lot subdivision.

The following appealable decisions have been made based on submitted plans:


Determination of Non-Significance (no environmental impact statement required).  Environmental review completed and no conditions imposed.  This DNS is issued using the optional DNS process in WAC 197.11.355 and SMC 25.05.355.  The comment period was originally published on December 8, 2016 and there is no further comment period on this DNS.


Appeals of this decision must be received by the Hearing Examiner no later than July 3, 2017.