HomeMy WebLinkAboutDeclaration of Maren L. Calvert ISO The Home Depot's Response to the City's Motion to Dismiss and Supplemental Motion to Dismiss1
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DECLARATION OF MAREN CALVERT IN SUPPORT OF THE HOME DEPOT’S RESPONSE BRIEF TO CITY’S MOTION TO DISMISS - 1
SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101-4010 Telephone: 206-622-1711
PDX\103058\270011\MLCA\37192129.4
BEFORE THE CITY OF RENTON HEARING EXAMINER
IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON
RE: The Home Depot, Appellant Deferral of Street Improvements: Outlot 1 (S. Grady Way & Talbot Rd. S.) AND Outlot 2 (Talbot Rd. S.) (LUA21-000452; C22003168)
NO. DEF 23001823 (OUTLOT 1)
AND
NO. DEF 23001824 (OUTLOT 2)
DECLARATION OF MAREN
CALVERT IN SUPPORT OF THE
HOME DEPOT’S RESPONSE TO
THE CITY’S MOTION TO
DISMISS AND SUPPLEMENTAL
MOTION TO DISMISS
I, Maren Calvert, declare under penalty of perjury under the laws of the State of
Washington that the following statements are true and correct to the best of my knowledge:
1. I am over the age of 18 and competent to attest to the following facts.
2. I am a shareholder at Schwabe, Williamson & Wyatt, P.C. and counsel of
record for The Home Depot.
3. I make this declaration concerning facts and events of my own personal
knowledge unless otherwise indicated.
4. Attached as Home Depot (“HD”) Exhibit 1.1 is a true and correct copy of
Deferral Decision No. DEF 23001823 for Outlot 1, dated April 7, 2023.
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DECLARATION OF MAREN CALVERT IN SUPPORT OF THE HOME DEPOT’S RESPONSE BRIEF TO CITY’S MOTION TO DISMISS - 2
SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101-4010 Telephone: 206-622-1711
PDX\103058\270011\MLCA\37192129.4
5. Attached as HD Exhibit 1.2 is a true and correct copy of Deferral Decision
No. DEF 23001824 for Outlot 2, dated April 7, 2023.
6. Attached as HD Exhibit 2 is a true and correct copy of Enclosure 2 to Home
Depot’s Notices of Appeal of Deferral Decision Nos. DEF 23001823 and DEF 23001824,
also known as (“a.k.a.”) the Examiners’ Decision dated August 9, 2022.
7. Attached as HD Exhibit 3 is a true and correct copy of Enclosure 3 to Home
Depot’s Notices of Appeal of Deferral Decision Nos. DEF 23001823 and DEF 23001824,
a.k.a. email exchanges dated April 3 and 7, 2023.
8. Attached as HD Exhibit 4 is a true and correct copy of Enclosure 4 to Home
Depot’s Notices of Appeal of Deferral Decision Nos. DEF 23001823 and DEF 23001824,
a.k.a. Brianne Bannwarth email dated April 20-21, 2023.
9. Attached as HD Exhibit 5 is a true and correct copy of Enclosure 5 to Home
Depot’s Notices of Appeal of Deferral Decision Nos. DEF 23001823 and DEF 23001824,
a.k.a. Hearing Exhibit 2.
10. Attached as HD Exhibit 6 is a true and correct copy of Enclosure 6 to Home
Depot’s Notices of Appeal of Deferral Decision Nos. DEF 23001823 and DEF 23001824,
a.k.a. Hearing Exhibit 20.
11. Attached as HD Exhibit 7 is a true and correct copy of Enclosure 7 to Home
Depot’s Notices of Appeal of Deferral Decision Nos. DEF 23001823 and DEF 23001824,
a.k.a. the Examiner’s Decision Upon Reconsideration.
12. Attached as HD Exhibit 8 is a true and correct copy of Sheet R3.0 from Home
Depot’s 56-page approved construction plan set.
13. Attached as HD Exhibit 9 is a true and correct copy of a letter dated October
18, 2022 from the City of Renton regarding Home Depot’s proposed lot line adjustment.
14. Attached as HD Exhibit 10 is a true and correct copy of an email exchange
between the City of Vancouver and Dan Zoldak dated April 6 to 12, 2023.
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DECLARATION OF MAREN CALVERT IN SUPPORT OF THE HOME DEPOT’S RESPONSE BRIEF TO CITY’S MOTION TO DISMISS - 3
SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101-4010 Telephone: 206-622-1711
PDX\103058\270011\MLCA\37192129.4
15. Attached as HD Exhibit 11 is a true and correct copy of the Civil Construction
Permit Application Process and Submit Requirements document that our office retrieved on
August 10, 2023 from the City’s website at:
https://edocs.rentonwa.gov/Documents/DocView.aspx?id=8461951&dbid=0&repo=CityofR
enton&cr=1.
16. Dan Zoldak told me the City gave him the list of Talbot Road frontage
improvements that Home Depot must perform in order to obtain its certificate of occupancy
in March 2023. Mr. Zoldak said he then prepared an estimate of the cost of those
improvements.
17. I reviewed an email exchange between the City of Renton and Don Zoldak in
which Don Zoldak submitted an application for deferral of the Talbot Road frontage
improvements on behalf of Home Depot on April 3, 2023.
18. On or about July 11 and 12, 2023, Ken Katzaroff and I talked with Senior
Assistant City Attorney M. Patrice Kent. During those conversations, we asked whether the
City would grant a waiver of the Talbot Road frontage improvements pursuant to RMC 4-9-
250.C.5.d. Ms. Kent said the City likely would not.
Dated this 11th day of August 2023.
SCHWABE, WILLIAMSON & WYATT, P.C.
By: Maren L. Calvert
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CERTIFICATE OF SERVICE - 1 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101-4010 Telephone: 206-622-1711
CERTIFICATE OF SERVICE
I hereby certify that on the 11th day of August, 2023, I caused to be served the
foregoing DECLARATION OF MAREN CALVERT IN SUPPORT OF THE HOME
DEPOT’S RESPONSE BRIEF TO THE CITY’S MOTION TO DISMISS on the
following party at the following address:
M. Patrice Kent, WSBA No. 42460
Sr. Assistant City Attorney
City of Renton
1055 S. Grady Way
Renton, WA 98057
Telephone: (425) 430-6480
pkent@rentonwa.gov
Attorneys for The City of Renton
Cynthia Moya Renton City Clerk 1055 Grady Way Renton, WA 98057 CMoya@rentonwa.gov Olbrechtslaw@gmail.com
by:
U.S. Postal Service, ordinary first class mail U.S. Postal Service, certified or registered mail, return receipt requested hand delivery facsimile electronic service other (specify)
/s/ Lisa D. McKee
Lisa D. McKee, Paralegal/Legal Assistant