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Ms. Lindsey Ozbolt <br />Mr. Neil Caulkins <br />January 30, 2020 <br />Page 3 <br />Regardless of what development regulations said at the time of approval or now, the Board <br />of County Commissioners approved this use. Even if Easton Ridge Land Company <br />accepted the argument that this was inconsistent with regulations at the time of approval, <br />both parties are now bound by this approval because this issue was not raised in a LUPA <br />petition—a direct application of the Washington Supreme Court's decision in Chelan <br />County v. Nykreim, 146 Wn.2d 904, 939-40, 52 P.3d 1 (2002). Easton Ridge Land <br />Company can and will proceed with including these elements in the Development <br />Agreement. <br />Further, it does not matter whether "there are no conditions of approval giving approval of <br />these proposed commercial uses." They were approved without conditions. A "condition" <br />is a limitation. If there are no specific conditions addressing the approval of the submitted <br />plans for retail and service uses, then the Board of County Commissioners approved this <br />use unrestricted. The position taken by Community Development Services on this point is <br />illogical, inconsistent with applicable regulations, inconsistent with the approved plans, <br />and directly contradicted by case law. <br />Right-of-Wav Dedication. Department of Public Works <br />The Department of Public Works cannot require Easton Ridge Land Company to dedicate <br />additional right-of-way along public roads beyond what is identified in the Plat Approval. <br />Please understand, Easton Ridge Land Company fully intends to coordinate where feasible <br />with Public Works regarding necessary rights of way, snow removal staging areas and the <br />like. However, Easton Ridge Land Company objects to this very late request by Public <br />Works that the applicant dedicate an additional 20 feet of right-of-way along every public <br />road in the project. Easton Ridge Land Company would have to modify several elements <br />of the approval in order to accomplish this, including possibly changing lots sizes and <br />locations. Easton Ridge Land Company can no more modify the Preliminary Plat to <br />accomplish this than the Department can require it. <br />Snow storage areas were identified on the approved Preliminary Plat drawings. Condition <br />18 requires these areas to be included in the public right-of-way dedication along with the <br />roadway dedications also shown on the drawings. The Department of Public Works cannot <br />modify the approval simply because it is unhappy with the approved location of the snow <br />storage areas and right of way widths. The Board of County Commissioners approved the <br />Preliminary Plat with 60 -foot -wide public roads and a snow storage area separate from <br />those roads. Sufficient or not for the Department's needs, this is what the applicant and <br />Department are bound to. Chelan County, 146 Wn.2d at 939-40. <br />Conclusion <br />Easton Ridge Land Company intends to keep the schedule February 18, 2020 hearing date <br />for presenting this Development Agreement to the Board of County Commissioners. The <br />parties entered a Review Agreement that included an Expeditious Review and Performance <br />JOI-INTS-MONRoF.MrrsLT AGA-KOLOUSKOVA • PLLC <br />