HomeMy WebLinkAboutHEX email re - Reconsideration ClaificationTo further clarify, the 14 day appeal period to the City Council will not commence until I've issued a decision addressing the reconsideration request(s).
On Thu, Jul 2, 2020 at 6:56 AM Phil Olbrechts <olbrechtslaw@gmail.com> wrote:
Thank you Mr. Jurgens. It appears I switched the new grass area with the new shrub area and there is likely no gap. There does, however, still appear to be a discrepancy between
the SEPA mitigation measure and Condition 2 . I will construe your question as a request for reconsideration and evaluate if the likely absence of a gap makes any difference to the
revised conditions of approval. If you have any further argument to address the gap issue or any other error of fact, law, judgment or procedure, you can supplement your reconsideration
request per the reconsideration procedures pasted below. RMC 4-8-100I technically only applies to permit decisions, but the RMC doesn't appear to identify what reconsideration procedures
apply to appeal requests so I'm authorizing its use for this appeal. Just emailing your reconsideration request to the parties of this email will suffice as filing it with the clerk.
The City of course can request reconsideration as well. Unless all parties agree, no new evidence is allowed in the reconsideration requests.
RMC4-8-100 I. RECONSIDERATIONS:
1. When a reconsideration request has been submitted to the City Clerk before the appeal period has expired, the matter and appeal period shall be held in abeyance pending the outcome
of the request for reconsideration. When a request for reconsideration is filed with the City Clerk, the City Clerk shall notify all parties of record to the decision. Notice shall be
sent within five (5) calendar days via U.S. Postal mail by the City Clerk, or on the date the request is received if electronic transmittal (email) had been previously approved or agreed
to by the parties. A fourteen (14) calendar day appeal period shall commence upon the issuance of a reconsideration that reverses the original decision.
2. In order to request reconsideration, the person must have been made a party of record to the decision.
3. A party of record to a decision who asserts the decision was based on erroneous procedure, error of law or fact, or error in judgment may make a written request for reconsideration
by the decision maker (e.g., Administrator, Hearing Examiner, City Council). Any such request for reconsideration must be made within fourteen (14) calendar days after the written decision
has been rendered. The request shall set forth the specific errors and any arguments for reconsideration, limited to the evidence in the administrative record unless authorized by chapter
36.70B <https://www.codepublishing.com/cgi-bin/rcw.pl?cite=36.70B> RCW, relied upon by such appellant, and the decision maker may, after review of the record, take further action as
deemed proper by said decision maker. The decision maker may request further information from the applicant, which shall be provided within ten (10) calendar days of the request. Reconsideration
cannot be requested for shoreline permits, including but not limited to: Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and Shoreline Variances. All appeals
of shoreline permit decisions shall be reviewed by the State of Washington Shorelines Hearings Board pursuant to RCW 90.58.180 <https://www.codepublishing.com/cgi-bin/rcw.pl?cite=90.58.180>
. (Ord. 5917, 12-10-2018)
4. The written decision on the request for reconsideration shall be transmitted to all parties of record within ten (10) business days of receipt of the request for reconsideration
or receipt of the additional information requested, whichever is later.
5. Each party of record to a decision shall be limited to one request for reconsideration.
On Thu, Jul 2, 2020 at 5:28 AM Steve Jurgens <sjurgens22@gmail.com> wrote:
Regarding the Decision to the Appeal of the Reasonable Use Variance, LUA20-000006, can you please visually define the "7-foot gap" referred to in the Findings of Fact Section, Number
8? I have attached the referenced (City of Renton) Staff's Exhibit 10.
Thanks,
Steve Jurgens
206-661-1761