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HomeMy WebLinkAboutwsdot extension Denis Law --- Mayor City of," �t p N City Clerk -Jason A.Seth,CMC September 17, 2015 Ramin Pazooki WSDOT P.O. Box 330310 Seattle, WA 98133 Subject: Hearing Examiner's Decision—Request for Extension RE: WSDOT(Noise Variance), LUA-15-000036, VAR Dear Mr. Pazooki: I have attached the City of Renton's Hearing Examiner's Request for Extension dated September 17, 2015. This document is immediately available: • Electronically on line at the City of Renton website (www.rentonwa.gov/business); go to Current Land Use Applications and then scroll down to find your case; • To be viewed at the City Clerk's office on the 7th floor or Renton City Hall, 1055 South Grady Way, between 8 am and 4 pm. Ask for the project file by the project number LUA15-000036; and I can be reached at (425) 430-6510 or iseth@rentonwa.gov. Thank you. A eth cc: Hearing Examiner Vicki Grover,Civil Engineer II—Plan Review Engineer Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Craig Burnell, Building Official Sabrina Mirante,Secretary, Planning Division Ed Prince,City Councilmember Julia Medzegian,City Council Liaison Parties of Record(4) 1055 South Grady Way• Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov Gary McKee Maria Laura Musso Escude Mohammad Hasan WSDOT WSDOT WSDOT 15700 Dayton Ave N 15700 Dayton Ave N, NB82-138 15700 Dayton Ave N Seattle,WA 98133 Seattle,WA 981339710 Seattle,WA 98133 Ramin Pazooki Tess Havden WSDOT Creston Point Apartments PO Box 330310 13445 Martin Luther King Way S Seattle,WA 98133 Seattle,WA 98178 1 2 3 4 5 6 7 8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 9 ) RE: WA State Dept. of Transportation ) 10 ) REQUEST FOR EXTENSION 11 Noise Variance 12 LUA15-000036,VAR ) 13 ) 14 15 By decision dated March 10, 2015, the applicant was issued approval of the above-captioned case for a variance to the City's noise standards in order to make required improvements to SR 900 between mile 16 post 6.66 and mile post 9.87 over 34 nonconsecutive nights from June 1, 2015 to December 31, 2015. By letter dated September 14, 2015, the applicant requested that the dates authorized for exceeding noise 17 standards be changed to January 1, 2016 through December 31, 2016. The request is denied. There is no Renton code provision that authorizes the hearing examiner to modify the terms of a variance decision 18 after it has been issued. Although authorization to make minor corrections and clarifications may be 19 implied, the requested extension is neither a minor correction nor clarification. The approved variance was submitted to the City and advertised to the public as a request to deviate from noise standards 20 between June 1, 2015 and December 31, 2015. The Renton Municipal Code places significant emphasis upon providing notice to all affected property owners of noise variance requests. See RMC 8-7-8(C). It 21 is recognized that no one appeared to testify at the hearing on the original variance application. However, extending the expiration date by a year and extending the variance period from six months to a 22 year is a significant and fundamental change to the variance request. It is reasonable to conclude that these changes in the proposal may affect residents differently than the original variance request. The 23 affected area is more than three miles long and presumably involves a large number of people. Some of 24 the affected parcels may even have changed ownership since the original request was approved more than six months ago. Another public hearing involving the notice required by RMC 8-8-8(C) must be held 25 before the requested modifications can be considered. 26 Noise Variance- 1 1 2 DATED this 17th day of September,2015. 3 '.'.__F4... Phi &©Itw=hts 4 5 City of Renton Hearing Examiner 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance-2