1/19/07, Land-use Appellant - "Wanted, Dead or Alive"

When Walt, my father-in-law from northern California, first heard about my land use appeals at Mosaic Meadows (NE 116th) and Avondale Crest ( NE 104th) he yelled, he wouldn't be caught dead driving around town with me! When he heard I was taking pictures of Evans Creek industrial land in SE Redmond, he warned I may as well be walking around with "Wanted, Dead or Alive" stenciled on my forehead!

Walt is the classic good 'ole boy generational landowner. He's lived on his homestead all 82 years of his life, operating construction equipment and raising Rambouillet. Lately, Walt's been draining small wetlands on his land with a neighbor's backhoe. His father, Porter, owned hundreds of acres off land in California and founded the Blue Goose fruit co-op. Walt doesn't want any "do-gooders" messing around with people's property.

So, why did I choose "to meddle" with the used-car salesman and landowner of a 5-acre parcel, Mosaic Meadows? After all, it's his 5th Amendment constitutional right: "nor shall private property be taken for the public use without just compensation." Land rights are sacred in America!

I, too, love the land and consider it sacred. My 2nd cousin, Ramsey, is the largest chrysanthemum grower in the country www.yoder.com . I own rental property. I don't hang a rifle in my pick-up or listen to Rush 24/7, but I will challenge the actions of land owners and city development planners when laws protecting sensitive areas could be violated. Sensitive areas are finite. Land has no "voice". I am an advocate for land.

The Critical Area ordinance HERE, was passed by the State of Washington and City of Redmond in 2005 to protect the sensitive areas of streams, wetlands, steep slopes, priority habitat and species, wellhead aquifers, flood zones). Some land owners driven by greed push for below standard buffers. Corrupt or mismanaged jurisdictions may look the other way. In Redmond, it's mostly a matter of mistakes being made.

My appeal of the "Mosaic Meadows" plat was triggered by a "Notice of Application". 13 lots are crammed between two wetlands, a stream, steep slopes a few Landmark trees, a pond, with no place for conventional storm water treatment. The stream ultimately drained into Bear Creek. I found a wet vault on a steep grade too close to a quality wetland. The developer will be especially careful now.

During the Appeal Hearing, the deck is heavily stacked against the appellant, as follows:

1) "The burden of proof" is on the appellant. This burden is close to insurmountable! The developer doesn't have to prove a thing. City Staff actually speaks for the developer during the Hearing and defends his project. Staff, usually Judd Black jblack@redmond.gov, 'attacks' your claims when defending their "standards".

2) Expert witnesses cost $1K - 3K. Scientific articles and studies hold less weight than Redmond's planners and their studies. The Hearing Examiner usually weighs staff standards over a citizen expert witness.

4) Redmond's Hearing Examiner, Mr. Crandall, is contracted and paid by the city for services rendered. It is no wonder our 80 year-old Examiner hasn't once awarded a full decision FOR the appellant in all the years records have been kept by the present Clerk @ "The Office of the Hearing Examiner", City Hall.

5) The Public Notice and Review process is so difficult to read & understand that it's not uncommon for citizens to miss an important Hearing or even appeal the wrong permit!

6) Best chances for winning an appeal may occur at the Council level, but by then most citizens have worn out by the prolonged process.

A successful appellant needs lots of time & persistence, enjoy science & researching project files, ordinances, and the Redmond Community Development Guide http://www.codepublishing.com/WA/redmond.html, & motivate neighbors. The real win comes during preparation for the appeal when mistakes are uncovered. No one's perfect.

With hard work, one WILL make a positive impact on a project. Besides, keeping staff on their toes, you are sure to find key elements of the Review needing some attention. Safety, welfare, and quality of life improvements can be achieved.

"Doing good" IS good.

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* *For an excellent example of modern day Public Notice is City of Kirkland's permit site: www.kirklandpermits.net/ - Bellevue, Issaquah, Duvall, Seattle and on - all utilize on-line permitting.

A good 'ole boy planning commissioner proclaimed: "nobody ever reads our public notices anyway...." so why change or improve our notice policies? 2006