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<br /> <br />CDS and findings and approval documentation outlining the means and filing fee for an appeal <br />were distributed to parties of record and published in the official newspaper of record through a <br />notice of decision as outlined in KCC Chapter 15A.06.010 on October 10, 2016; and, <br /> <br />WHEREAS, a timely appeal of the conditional use permit decision (CU-16-00001) and <br />appropriate fee was paid to the Board of County Commissioners on October 25, 2016 by Ritch <br />Brownlee; and, <br /> <br />WHEREAS, RCW 43.21C.075(3)(d) provisions that “procedural determinations made by the <br />responsible official shall be entitled to substantial weight.”; and, <br /> <br />WHEREAS, A decision to issue an MDNS may be reviewed under the clearly erroneous <br />standard. See Anderson v. Pierce County, 86 Wash.App. 290, 302, 936 P.2d 432 (1997); and, <br /> <br />WHEREAS, a finding is clearly erroneous when, although there is evidence to support it, the <br />reviewing court on the record is left with the definite and firm conviction that a mistake has been <br />committed. Id. (citing Norway Hill Preservation & Protection Ass'n v. King County Council, 87 <br />Wash.2d 267, 274, 552 P.2d 674 (1976)).; and, <br /> <br />WHEREAS, for the MDNS to survive judicial scrutiny, the record must demonstrate that <br />environmental factors were considered in a manner sufficient to amount to prima facie <br />compliance with the procedural requirements of SEPA and that the decision to issue an MDNS <br />was based on information sufficient to evaluate the proposal's environmental impact. Id. at 302, <br />936 P.2d 432 (citing Pease Hill Community Group v. County of Spokane, 62 Wash.App. 800, <br />810, 816 P.2d 37 (1991)).; and, <br /> <br />WHEREAS, a motion was made to dismiss the SEPA Appeal on the grounds that: <br />1. The appellant failed to demonstrate that his endangered interest fell within the zone of <br />interest protected by SEPA; and, <br />2. The appellant failed to demonstrate that he has standing; that he must allege a specific <br />and perceptible injury or harm and that they are immediate concrete, and specific; and, <br /> <br />WHEREAS, a motion was made to dismiss the conditional use permit appeal on the grounds <br />that: <br />1. The appellant, in filing his appeal, failed to comply with section 15A.07.010(2) of the <br />Kittitas County Code; and, <br /> 2. The appellant failed to demonstrate that he has standing; that he must allege a specific <br />and perceptible injury or harm; and, <br /> <br />WHEREAS, Kittitas County Code 15A.07.010(2) states: <br /> Appeals shall contain a written, concise statement identifying: <br />a. The decision being appealed; <br />b. The name and address of the appellant and his interest(s) in the matter; <br />c. The specific reasons why the appellant believes the decision to be <br />wrong. The appellant shall bear the burden of proving the decision was