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1 • <br />116th Street, Tukwila meets the BAR criteria and has approved that application based on the findings and conclusions contained <br />in the staff report. <br />Design Review Condition: <br />A homeowner's association with covenants, conditions, and restrictions CC &Rs must be approved by the Planning <br />Department and City Attorney before the finaling of any building permit. The following shall be included to satisfy the <br />intent of the housing options ordinance and comments received during project review: <br />a. No further changes shall be made to approved designs without further BAR or Director approval pursuant to <br />TMC 18.60.030E. <br />b. A covenant to restrict any increases in unit size after initial construction. <br />c. The garages shall be reserved for the parking of vehicles. <br />Landscaping requirements: <br />d. Pesticides, herbicides and non - organic fertilizers shall not be used on the entire site. Soils may be amended <br />with compost, topsoil, organic fertilizer or mulch. <br />e. No tree topping is allowed but trees can be pruned for a view corridor. <br />f. Limit the area from the northern-most building wall to the shoreline to native species only. The rest of the <br />site can have non - invasive, non - native species. <br />g. The responsibility to monitor, maintain and irrigate all commonly owned planted areas, including the <br />shoreline slope area is the shared responsibility of the homeowners and this responsibility shall be described <br />in the CC &Rs. Dead or ailing plants must be replaced. In the shoreline slope area, invasive plants removal, <br />including ivy, shall be maintained. <br />III. Your Appeal Rights <br />The decision on this Permit Application is a Type 4 decision pursuant to the Tukwila Municipal Code (18.104.010 TMC.) <br />One administrative appeal to the Hearing Examiner of the Board of Architectural Review Decision is permitted. <br />IV. Procedures and time for appealing <br />In order to appeal the Board of Architectural Review decision on the Permit Application, a written notice of appeal must be <br />filed with the Department of Community Development within 14 days of the issuance of this Decision, which is by March <br />16, 2010. <br />The requirements for such appeals are set forth in the Appeal Processes Chapter of the Tukwila Municipal Code (18.116.) <br />All appeal materials shall be submitted to the Department of Community Development. <br />Appeal materials MUST include: <br />1. The name of the appealing party. <br />2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other <br />group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. <br />3. A statement identifying the decision being appealed and the alleged errors in the decision. <br />4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being <br />appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be <br />limited to matters or issues raised in the Notice of Appeal. <br />5. Appeal fee of $120. <br />SM <br />H:1L08 -073 -4 Sundial Cottages\NOD.doc <br />Page 2 of 3 03/01/2010 <br />