A free clinic on how to successfully appeal a DPD decision?

In Seattle’s Cedar Park neighborhood (it’s a more affluent neighborhood located just east of Lake City Way along Lake Washington) the neighbors are appealing a DPD decision (MUP-08-005) that would permit two single family lots to be developed on the hillside above their homes.

These lots would normally be too small to build on their own, but the developer was able to leverage a loophole in the zoning code that expands the size of the lot by allowing them to link two separate lots together via a connected 6-inch wide path of land.  (The Stranger wrote about this loophole back in Feb.) The neighbors themselves are concerned about the negative runoff effects these new developments will have on the houses below. 

The PI describes this zoning loophole as: 

The development that neighbors are challenging meets minimum lot size requirements for two lots by linking uphill land to steep-slope areas using 6-inch-wide paths that run along the outside of the other two lots.

However, the really interesting part of this story is the person who is representing the Friends of Cedar Park group that is appealing the DPD’s decision - land use attorney Peter Buck of Buck Law Group (not the Peter Buck of REM). Mr. Buck is often on the other side of the appeal table (he represented the developer when my neighborhood appealed) and from what I saw he seems to do a really good job.

And so I’m going to also assume this time he’s going to do a good job as an appellant. I learned quite a bit about what the Hearing Examiner can and can’t consider during the appeal process (such as why it is incumbent on the appellant to show that the DPD’s decision was ‘clearly erroneous’ ’Brown v. Tacoma’ 30 Wn. App. 762, 637 P.2d 1005 (1981)).  And I’m sure that the Friends of Cedar Park will do such a good job during their appeal at 9am on Wednesday July 16th, that I’d recommend any neighborhood activist should attend to learn how an effective appeal is made.

Also (this isn’t related to the Cedar Park appeal), I thought you may be interested in this copy of the list of witnesses and exhibits that we presented to the hearing examiner (and Mr. Buck) prior to our appeal back in December. Remember, these appeals are very much like court cases and so you will need to provide the examiner, the DPD and the developer with your list of witnesses and exhibits during a pre-trial hearing that is generally scheduled a couple of weeks before the examiner hears your appeal.

Preliminary List of Exhibits presented by the Wedgwood Action Group

-Cross section of current proposal from 35th/87th looking south and show proposed development on right, single family on the left and the disparity of height, bulk, scale and shading.
-Same section with alternate design stepping back to reduce shading, height/bulk/scale, and reduce building size
-Photographs/montage of standing water on 87th after rain storm
-Photographs/montage of building on 35th NE between 85th and 95t
-Video of children crossing street in area
-Photographs/Montage of view of site from 87th looking south to 35th NE

Preliminary List of Witnesses
-DPD Planner –we will call him as a witness so we can question him on SEPA Determination and mitigation of Height, Bulk and Scale, and other SEPA mitigations; question department’s determination of lack of significance of Environmental impact; discussion of EDGE Policy and impact on City’s decision
* will determine if he is available or ask Judge to issue a subpoena

Architect. He will testify as to the Height, Bulk and Scale of the Project—show how it looks from east side with pictures. He will testify as to the lack of compatibility with other buildings including problems with the transition or edge on the east side; Present possible design modifications.

Resident, next door to site, greatly impacted; Loss of light, view, increased shade, water run off, incompatibility with existing neighborhood; Testify as to pictures of project from her street to show angle of proposed project.

Business Owner of XXX; Testify as to impact on neighborhood, concern for kids’ safety with increased traffic; Concerns about impact on side streets.

Manager of Bank XXX; Testify as to impact of Height, Bulk and Scale on neighborhood/concerns about the impact on neighborhood.

Developer; expert witness will testify about building compatible housing, advocate for keeping the neighborhood characteristics that make Seattle unique; other ways to create housing.

Planner or engineer to testify of impact of building

Additional architectural testimony regarding impact of building

Request for Telephone testimony ( or Declaration Testimony) of Church Leader would testify as to impact of increased traffic on parishioners and school children

Anticipated length of Witness Testimony
It is anticipated that it will take ½ a day to present the Appellants case, not including argument