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HomeMy WebLinkAboutEx58_Reconsideration Letter from HCMP Law Offices October 28, 2022 Via Email (CityClerk@Rentonwa.gov) Jason A. Seth, MMC City Clerk/Public Records Officer City of Renton 1055 South Grady Way Renton, WA 98057 with a copy to: Office of the City Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98057 Re: Kennydale Gateway Project Dear Jason: This law firm filed a notice of appeal to the City of Renton Hearing Examiner on October 10, 2022 regarding the Mitigated Determination of Non-Significance (“MDNS”) issued for the Kennydale Gateway project (City File No. LUA 22-000011) (the “Notice of Appeal”). The Notice of Appeal was filed on behalf of the applicant Kennydale Gateway LLC (the “Applicant”) to challenge conditions set forth in the MDNS. This letter requests that the Notice of Appeal be initially processed as a reconsideration request under RMC 4-8-100.I. Because the City’s State Environmental Policy Act (“SEPA”) implementation code includes a “reserved” section on reconsideration at RMC 4-9-070.L, the Applicant believed at the time of filing the Notice of Appeal that administrative reconsideration was not available for SEPA threshold decisions. Following the City’s receipt of the Notice of Appeal, Planning Director Vanessa Dolbee alerted the Applicant to the availability of the administrative reconsideration process under RMC 4-8-100.I. Ms. Dolbee explained that the reconsideration process available to general applications as set forth in that section is also available to facilitate reconsideration of SEPA determinations by the Environmental Review Committee. The Applicant wishes to pursue the administrative reconsideration process on the basis set out in its Notice of Appeal filed on October 10, 2022. It requests that the Notice of Appeal filed on October 10th be processed as a reconsideration request, with the formal appeal held Jason A. Seth, MMC October 28, 2022 Page 2 of 2 in abeyance pending completion of the reconsideration process, as set forth at RMC 4-8- 100.I.1. If the City decides not to process the Notice of Appeal as a request for reconsideration, then the Applicant reserves and retains its rights to pursue the Notice of Appeal to completion as contemplated by RMC 4-9-070.R. Please let me know if you need any additional information to process these requests. Very truly yours, Holly D. Golden HDG:dlc E-Mail: holly.golden@hcmp.com Direct Dial: (206) 470-7656 ND: 18053.059 4870-6060-2171v3