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HomeMy WebLinkAboutLog171 Page 1 of2 Michelle Farfan From: AI Scalf Sent: Monday, June 14, 2004 8:16 AM To: Michelle Farfan; David W. Johnson Subject: FW: Construction at Ludlow For the DSEIS file AI -----Original Message----- From: Dan Titterness Sent: Monday, June 14, 20047:25 AM To: AI Scalf Subject: FW: Construction at Ludlow -----Original Message----- From: Powers & Therrien [mailto:powers_therrien@yvn.com] Sent: Saturday, June 12, 2004 12:45 PM To: Dan Titterness; Glen Huntingford; Pat Rodgers Cc: Jeanne & Peter Joseph; SchmitzSr@aol.com; Kaysins@wellsfargo.com Subject: Construction at Ludlow Dear Sirs: There is a pending Draft SEIS applicable to a material modification to the 99 Ordinance and Development Agreement applicable to PLA and Port Ludlow. You have circulated the draft for comment. Comment is due on June 14,2004. Sometime prior to the closing of the comment period, PLA applied for permits to construct the improvements contemplated by the Draft SEIS. As noted therein and in the Ordinance, these require a hearing before a hearings examiner. To the extent they contemplate the modificaiton of the existing 1994 plat (the "Plat"), as noted in the Ordinance and Development Agreement, they also require consent of a majority of the persons owning interests in the Plat. The hearing has not yet been scheduled. Prior to the hearing and the receipt of comments on the material modification to the 99 Ordinance and Development Plan, I have been told, PLA has commenced preliminary construction work on the modified project by staking building sites. The buildings that it proposes to construct on the sites vary from those permitted in the Plat. The Plat and the SMA approved plan provide for 53 townhouses and five single family dwellings. The building in the plat across from the building in which my townhouse is situate contains four townhouse units in the Plat. The revised plan substitutes a building containing six condominium units. Such a change is a variance from the Plat. Work thereon should not be approved or undertaken in the expectation of approval without obtaining approval of the Draft SEIS, a hearing before a hearings examiner that modifies the existing 99 Ordinance and Development Plan, and approval by a majority of the persons owning property within the Plat. Please provide a copy of this email to Mr. Scalf and to the Building Department for further action. Pending the approvals identified herein, all construction and activities directed toward constructions of inconsistent improvements on the Plat should cease. Please investigate and confirm the situation. I will be calling your office Monday morning to determine what action is being taken to prevent a breach of the rights of the residents of Port Ludlow and of the persons owning interests in the Plat. I have not made a determination of my view on the material modification proposed by PLA. Be advised that I do not intend to indicate my approval thereof through inactivity. Your assistance in this matter is appreciated. 6/14/2004 LOG ITEM # 171 PageA 1 ""~O~.,;< Les Powers Page 2 of2 ,~ r Powers & Therrien, P.S. 3502 Tieton Drive Yakima, WA 98902 Phone: 509-453-8906 Fax: 509-453-0745 This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Section 2510-2521 and is legally privileged. This message and any attachments hereto may contain confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution or copying of this email message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this email from your computer. LOG ITEM #~ Pag~ ~,-of~. 6/1412004