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HomeMy WebLinkAboutD_Admin_Report_PSE_Fence_Variance_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin_Report_PSE_Fence_Variance A. ADMINISTRATIVE REPORT & DECISION Decision:APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date:October 10, 2024 Project File Number:PR24-000034 Project Name:PSE South Seattle Gate Station Fencing Maintenance Land Use File Number:LUA24-000242, V-A Project Manager:Brianna Burroughs, Associate Planner Owner(s):Puget Sound Energy, 6500 Ursula Pl S, Seattle, WA 98108 & Northwest Pipeline LLC, 22909 NE Red Fall City RD, Redmond, WA 98053 Applicant/Contact:Kerry Kriner, Puget Sound Energy, PO Box 97034 M/S EST-04W, Bellevue, WA 98009 Project Location:730 S 21st St, Renton, WA 98055 (APNs 7222000071 and 7222000070) Project Summary:The applicant, Puget Sound Energy (PSE), is requesting approval of an administrative variance from the provisions of the Renton Municipal Code (RMC) regulating maximum fence height located within the Residential-8 (R-8) zoning district (RMC 4- 4-040.D). The subject property is approximately 3.45 acres in size and is located at 730 & 800 S 21st St (APNs 7222000071 and 7222000070) on the corner of S 21st St and Benson Drive S, in the Talbot Community Planning Area. The South Seattle Gate Station houses infrastructure for underground gas pipelines that intersect at the site. The purpose of the variance is to allow the applicant to replace the existing security fence, of varying height up to eight feet (8’) tall, around the gate station with a taller fence, of varying height of up to fifteen feet (15’) tall, as part of a security upgrade project. The maximum fence height allowed in any residential zone is seventy-two inches (72”). To meet national physical security standards, the proposed replacement perimeter fence would include a new eight foot (8’) tall fence, in place of the existing fence, installed along the perimeter of the gate station area (approximately 26,320 square feet of the site). The length of the fence is approximately six hundred eleven feet (611’) in length including the gate structure. The fence may reach up to 15 feet (15’) in height due to the existing grade of the site which includes an existing retaining wall that is included as part of the height of the fence. Access to the substation is provided via a driveway from S 21st St. There would be no tree removal associated with the fence replacement. According to City of Renton (COR) Maps, the eastern portion of the site contains moderate coalmine hazards and regulated slopes. Site Area:3.45 acres        City of Renton Department of Community & Economic Development PSE South Seattle Gate Station Fencing Maintenance Administrative Report & Decision LUA24-000242, V-A Report of October 10, 2024 Page 2 of 11 D_Admin_Report_PSE_Fence_Variance_FINAL B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Vicinity Map Exhibit 3: Project Narrative and Site Photos Exhibit 4: Existing Fence and New Fence Reference photos Exhibit 5: Fencing Site Plan and Details Exhibit 6: Fence Replacement Colors Renderings Exhibit 7: Geotechnical Engineering Services Report, prepared by GeoEngineers, Inc., dated February 16, 2024 Exhibit 8: Variance Request Justification C. GENERAL INFORMATION: 1. Owner(s) of Record: 1. Puget Sound Energy, 6500 Ursula Pl S, Seattle, WA 98108 2. Northwest Pipeline LLC 22909 NE Red Fall City Rd, Redmond, WA 98053 2. Zoning Classification: Residential-8 (R-8) 3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD) 4. Existing Site Use: Utility 5. Critical Areas: Moderate coalmine hazards and regulated slopes. 6. Neighborhood Characteristics: a. North: Talbot Hill Reservoir Park, Residential Medium Density (MD) Comprehensive Plan Land Use Designation; Residential-8 DU/AC (R-8) zone b. East: Benson Dr S, Residential Medium Density (MD) Comprehensive Plan Land Use Designation; Residential-8 DU/AC (R-8) zone c. South: S 21st St, Residential Medium Density (MD) Comprehensive Plan Land Use Designation; Residential-8 DU/AC (R-8) zone d. West: Talbot Reservoir Park, Smithers Ave S, Residential Medium Density (MD) Comprehensive Plan Land Use Designation; Residential-8 DU/AC (R-8) zone 7. Site Area: 3.45 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Annexation (Talbot Hill) N/A 3316 5/23/1979        City of Renton Department of Community & Economic Development PSE South Seattle Gate Station Fencing Maintenance Administrative Report & Decision LUA24-000242, V-A Report of October 10, 2024 Page 3 of 11 D_Admin_Report_PSE_Fence_Variance_FINAL E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations and Overlay Districts a. Section 4-3-050: Critical Area Regulations 3. Chapter 4 City-Wide Property Development Standards a. Section 4-4-040: Fences, Hedges, and Retaining Walls 4. Chapter 9 Permits – Specific a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates 5. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Utilities Element G. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on June 27, 2024 and determined the application complete on August 7, 2024. The project complies with the 120-day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the administrative variance request (Exhibits 2-8). 3. The project site is located at 730 and 800 S 21st St, Renton, WA 98055 (APNs 7222000071 and 7222000070). 4. The project site is currently developed as the Puget Sound Energy South Seattle Gate Station. 5. Access to the site is provided via S 21st St. 6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use designation. The project complies with the goals and policies of this Comprehensive Plan land use designation: Compliance Comprehensive Plan Analysis 99 Policy L-28: Minimize erosion and sedimentation in and near sensitive areas by requiring appropriate construction techniques and resource practices, such as low impact development. 9 Policy L-36: Land uses in areas subject to flooding, seismic, geologic, and coal mine hazards should be designed to prevent property damage and environmental degradation before, during, and after construction.        City of Renton Department of Community & Economic Development PSE South Seattle Gate Station Fencing Maintenance Administrative Report & Decision LUA24-000242, V-A Report of October 10, 2024 Page 4 of 11 D_Admin_Report_PSE_Fence_Variance_FINAL 99 Policy L-48: Address privacy and quality of life for existing residents by considering scale and context in infill project design. 9 Policy L-55: Preserve natural landforms, vegetation, distinctive stands of trees, natural slopes, and scenic areas that contribute to the City’s identity, preserve property values, and visually define the community and neighborhoods. 9 Goal U-O: Promote the availability of safe, adequate, and efficient electrical service within the City and its planning area, consistent with the regulatory obligation of the utility to serve customers. 9 Policy U-67: Coordinate with local and regional electricity providers to ensure the siting and location of transmission and distribution facilities is accomplished in a manner that minimizes adverse impacts on the environment and adjacent land uses. 9 Policy U-68: Encourage electricity purveyors to make facility improvements and additions within existing utility corridors wherever possible. 7. The site is located within the Residential-8 (R-8) zoning classification. 8. The applicant is proposing to retain all existing trees onsite. 9. The site is mapped with moderate coalmine hazards and regulated slopes. 10. New fencing would be constructed in the same location as the existing fence. 11. It is anticipated that the construction work would begin at the end of 2024 or beginning of 2025. 12. The following variance to exceed the fence height restrictions of the Residential-8 (R-8) zone has been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-4-040 Fences, Hedges, and Retaining Walls D1 Maximum Height: In any residential zone, the maximum height of any fence, hedge or retaining wall shall be seventy-two inches (72"), subject to further height limitations as specified in subsection D2 of this Section. D2 Height Limitations within Setbacks: Fences shall not exceed forty-eight inches (48") in height within any part of the front yard or secondary front yard setback. Fences shall not exceed seventy-two inches (72") in height within any part of the interior side yard setback to the point where they intersect the front yard setback or a secondary front yard setback, in which case they shall be governed by the applicable To meet the security standards of The Transportation Security Administration (TSA), PSE is proposing to replace the existing 8-foot (8’) tall perimeter fence around the substation with up to a 15- foot (15’) tall fence around the perimeter of the substation (Exhibits 3- 6). As a result, the applicant would exceed maximum fence height restrictions allowed in residential zones.        City of Renton Department of Community & Economic Development PSE South Seattle Gate Station Fencing Maintenance Administrative Report & Decision LUA24-000242, V-A Report of October 10, 2024 Page 5 of 11 D_Admin_Report_PSE_Fence_Variance_FINAL limitations of the front yard or secondary front yard setbacks. Fences shall not exceed seventy-two inches (72") in height within the rear yard setback except the fence, hedge, or retaining wall shall not exceed forty-eight inches (48") in height where the rear yard abuts a public or private street. 13. No public or agency comment letter(s) were received. 14. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 15. Pursuant to WAC 197-11-800(6)(e), land use decisions are categorically exempt from the State Environmental Policy Act (SEPA) for the granting of a variance based on special circumstances, not including economic hardship, applicable to the subject property, such as size, shape, topography, location or surroundings and not resulting in any change in land use or density. 16. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations. Compliance Critical Areas Analysis 99 Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. A standard 15-foot building setback is required for all structures from Protected Slope areas. A 50-foot buffer and 15-foot building setback are required from Very High Landslide Hazard Areas. Staff Comment: A Geotechnical Engineering Services Revised Report (Exhibit 7), dated February 16, 2024, completed by GeoEngineers, Inc. was submitted with the application. The project site contains moderate coalmine hazards and regulated slopes (15 to 25 percent). Temporary erosion protection and control measures would need to be in place prior to starting soil disturbance activities on the site to help reduce the potential for erosion and reduce transport of sediment to adjacent areas and receiving waters. Geotechnical recommendations presented would need to be addressed within the project specific plans and construction/building permit submittal, including but not limited to repair of any disturbance area after fence is installed. According to the report, the soils mapped in the project vicinity are predominantly glacial till (Qvt). However, smaller scale mapping indicate that the glacial till is in turn predominately underlain by continental sedimentary rocks of the Puget Sound Group (Tr) consisting of sandstone, siltstone, shale, carbonaceous shale, claystone, and coal. The extent of disturbance for the proposal would be approximately 611 linear feet (611’) around the perimeter of the substation. The geotechnical engineer’s evaluation of the slope and site conditions concludes that there is a low risk of the proposed fence installation adversely affecting the regulated        City of Renton Department of Community & Economic Development PSE South Seattle Gate Station Fencing Maintenance Administrative Report & Decision LUA24-000242, V-A Report of October 10, 2024 Page 6 of 11 D_Admin_Report_PSE_Fence_Variance_FINAL 17. Variance Analysis: The proposal is compliant with the following variance criteria, pursuant to RMC 4-9- 250.B.5. Therefore, staff recommends approval of the requested variance. slope adjacent to the east and south sides of the project site. The next nearest regulated slope is more than 50 feet (50’) away from the project and is not considered an adjacent regulated steep slope and would not result in soil erosion and sedimentation, land sliding, or excess surface water runoff. The geotechnical engineer found that the moderate coal mine hazard on a georeferenced detailed map is not directly over known mine shafts related to the Old Talbot Mine. The site is more than 50 feet (50’) from the mapped mine depth of historical coal mining activity and the relatively shallow depth of the proposed improvements would result in a low coal mine hazard at the site. Maintenance, operation, and repair of existing facilities and utilities are exempt activities or permitted within critical areas and associated buffers under RMC 4-3- 050C.3.e.ii to meet established safety standards. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. Therefore, the proposed development is consistent with the following findings pursuant to RMC section 4-3- 050C.2.d: i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; iv. Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities, revegetation with native vegetation shall be required; v. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. Compliance Variance Criteria and Analysis 99 a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification. Staff Comment: PSE South Seattle Gate Station is located within the Residential-8 (R- 8) zoning district, which limits fence heights to a maximum of forty-eight inches (48") to seventy-two inches (72") in height. The applicant, Puget Sound Energy (PSE), contends that the strict application of the zoning code, which imposes a fence height        City of Renton Department of Community & Economic Development PSE South Seattle Gate Station Fencing Maintenance Administrative Report & Decision LUA24-000242, V-A Report of October 10, 2024 Page 7 of 11 D_Admin_Report_PSE_Fence_Variance_FINAL applicable to the residential development, is not practical, safe, or compliant with national physical security standards for a substation use. The existing substation facility on the site is currently surrounded by up to an eight-foot (8’) tall chain link fence, which no longer meets PSE safety and security standards. PSE has determined that a fence taller than the existing 8 feet (8’) is needed to meet the security standards of The Transportation Security Administration (TSA). TSA is an international regulatory authority whose mission is to protect the country's transportation systems while ensuring the freedom of movement for people and commerce. To meet the TSA security standards, PSE plans to replace the existing perimeter fence with a new green Clearvu shutter mesh panel perimeter fence of varying height up to a maximum of fifteen feet (15’) (Exhibits 3-6). The additional fence height would assist in blocking lines of sight into the substation deterring potential delinquent or unlawful threats to the substation. The proposed additional fence height is anticipated to deter visual and physical access into the substation, thereby preventing potential damage to substation equipment. The fence material itself, which is made of high-quality coated mesh wiring, would be eight feet (8’) in height with an additional four-inch (4”) anti-climbing ribbon (also known as a dental strip) that is field attached to the top of the mesh and gate. Due to the existing elevations of the site, which includes an existing retaining wall along the southwest of the property approximately ninety-five feet (95’), some areas of fence replacement would be considered taller than eight feet (8’) (RMC 4-4-040.C.2.a Fences on Retaining Walls); the fence and the retaining wall height in this area is calculated as one combined measurement. This area, along approximately forty-five feet (45’) of the west perimeter, twenty-five feet (25’) of the southwest perimeter, and twenty- three feet (23’) of the south perimeter, would in some sections of the wall, reach a combined maximum height of approximately fifteen feet (15’). However, public view of the site along this retaining wall area is from Benson Dr S and S 21st St, which are at a higher elevation than the site. The applicant contends that in these areas the perceived fence height along this section of fencing would be anywhere from three feet (3’) to eight feet (8’) in height (Exhibit 8). Along the remaining section, approximately one hundred two feet (102’) of the western perimeter fencing, the maximum height of the fence would be eight feet (8’) in height with an additional four-inch (4”) anti- climbing ribbon. Along the north side of the substation, the side that faces dense vegetation, approximately one hundred fifty-six feet (156’) of perimeter fencing would be installed at eight feet (8’) in height with an additional four-inch (4”) anti-climbing ribbon. Along the east side of the substation, which also faces dense vegetation, approximately one hundred fifty-five feet (155’) of perimeter fencing would be installed at eight feet (8’) in height with an additional four-inch (4”) anti-climbing ribbon. The remaining southern perimeter fencing, approximately one hundred twenty-three feet (123’) of fencing, which includes the main access gate to the site, would be eight feet (8’) in height with an additional four-inch (4”) anti-climbing ribbon (Exhibits 3-6 and 8). The applicant further contends that to not allow the fence replacement as it has been proposed would deprive PSE from the ability to safely and securely operate critical utility infrastructure. Due to the unique nature of the substation use within the R-8 zone and as a critical infrastructure facility, it is not practical or safe for the substation to be subject to the same use standards as single-family residential uses in the same zoning district.        City of Renton Department of Community & Economic Development PSE South Seattle Gate Station Fencing Maintenance Administrative Report & Decision LUA24-000242, V-A Report of October 10, 2024 Page 8 of 11 D_Admin_Report_PSE_Fence_Variance_FINAL Staff has reviewed the proposed variance request and concurs that strict adherence to the residential zone height limitations may cause unnecessary hardship by depriving the applicant the ability to comply with all PSE and TSA safety and security standards necessary for the substation. The site’s topography is such that traditional adherence to code standards would be impractical. The variance is necessary for the substation property due to the topographical challenges of the site and special circumstances needed to meet mandatory physical security standards that apply to facilities that are part of the US electric power grid and subject to the Federal Energy Regulatory Commission. Therefore, staff agrees that the proposed perimeter fence configuration is reasonable to block the line of sight into the substation, meet the security standards of TSA and deter potential unlawful threats to the substation. Compliant if condition of approval is met b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. Staff Comment: The applicant contends that the granting of the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone. The applicant further contends that the purpose of installing taller fencing around the substation is to secure the site from potential nefarious activities, which is anticipated to prevent large scale outages and is in the best interest of the public welfare. Staff has reviewed the applicant’s justifications and concurs with their analysis and finds that the proposed fence replacement would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated based on the site and neighborhood characteristics. The granting of the variance would not have a negative visual impact on the surrounding property owners. Much of the site is heavily covered in dense vegetation to the north and west of the site, which serves as a visual buffer between the site and the surrounding neighboring residences. The south and east portions of the site abut major roadways (Benson Dr S & S 21st St) which further serve as a separation of the site from other adjacent residences within the R-8 zone. The variance request is not an expansion of the fence location, rather an expansion of the height of the fence that already exists. A taller fence would further shield the public from the facility. Additionally, the fence would be replaced with a higher quality galvanized mesh material that would provide a 35% screening element because the new wire mesh is a tighter weave, while maintaining 65% visibility which is needed for security of the site, which overall creates a better visual screen than the weathered, standard chain link fence that currently exists. Furthermore, staff recommends as a condition of approval, that the applicant be required to powder coat the fence grass green (or equivalent) at a minimum thickness of two (2) mm (Exhibit 6) which would match the color of many of the onsite structures and equipment. This would further mitigate the visual impact of the fence and the existing uses on site.        City of Renton Department of Community & Economic Development PSE South Seattle Gate Station Fencing Maintenance Administrative Report & Decision LUA24-000242, V-A Report of October 10, 2024 Page 9 of 11 D_Admin_Report_PSE_Fence_Variance_FINAL H. CONCLUSIONS: 1. The subject site is located in the Residential Medium Density (MD) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 6. 2. The subject site is located in the Residential-8 (R-8) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code, see FOF 7 and FOF 12. 3. The proposed variance complies with the Critical Areas Regulations provided the applicant complies with City Code, see FOF 16. 4. Key features which are integral to this project include removing the existing eight-foot (8’) tall perimeter chain-link fence. The new fencing to be installed, is in most cases, eight feet (8’) tall with a four-inch (4”) anti climbing ribbon. In a portion of the site the fence will reach up to fifteen feet (15’) in a limited area due to an existing retaining wall. The proposed replacement fence heights coincide with the topography of the site to block line of sight into the substation, comply with physical security standards of TSA and deter potential unlawful threats to the regional substation. 99 c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. Staff Comment: The applicant contends that the approval would not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone. The applicant expands on their explanation by observing that the residential properties along Benson Dr S have fences for the purposes of privacy screening. PSE’s fence, due to site elevation, would appear lower than the fences built by residents in the area. Staff has reviewed the applicant’s justifications and concurs that the granting of the variance would not constitute a grant of special privilege inconsistent with other properties in the vicinity and under the same zoning designation. The granting of this variance would allow the applicant to increase the safety of the substation by installing a perimeter security fence that would meet TSA Security standards. 9 d. That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant contends that the approval is a minimum variance that would accomplish the needed purpose by meeting TSA security standards. Staff reviewed the variance request and concludes that the proposed fence heights would be the minimum required in order to meet the project goals. The applicant’s desired purpose is to correct security deficiencies and assure the station is compliant with national physical security standards, which includes replacing the existing perimeter security fence around the substation. Therefore, the proposed security fencing is found to be the minimum size necessary to achieve the desired purpose of the project.        City of Renton Department of Community & Economic Development PSE South Seattle Gate Station Fencing Maintenance Administrative Report & Decision LUA24-000242, V-A Report of October 10, 2024 Page 10 of 11 D_Admin_Report_PSE_Fence_Variance_FINAL I. DECISION: The PSE South Seattle Gate Station Fencing Maintenance Variance, File No. LUA24-000242, V-A, as depicted in Exhibits 3-6, is approved subject to the following condition: 1.The applicant shall construct a powder coated fence in the green color shown in the Fence Replacement Color Renderings document (Exhibit 6). Alternatively, if that color is not available, the applicant will provide new a color to staff for approval. Demonstration and analysis that the new proposed color is of equal value and performance as the original color referred to as RAL-6010 in the exhibit document will be required. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Matthew Herrera Planning Director Date TRANSMITTED on October 10, 2024 to the Owner/Applicant/Contact: Owner:Owner:Applicant/Contact: Puget Sound Energy 6500 Ursula PL S Seattle WA 98108 Northwest Pipeline LLC 22909 NE Red Fall City RD Redmond WA 98053 Kerri Kriner Puget Sound Energy PO Box 97034 M/S EST-04W, Bellevue, WA 98009 TRANSMITTED on October 10, 2024 to the Parties of Record: N/A TRANSMITTED on October 10, 2024 to the following: Gina Estep, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Free, Economic Development Acting Director Clark Close, Current Planning Manager Anjela Barton, Fire Marshal J.LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on October 24, 2024. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov.           City of Renton Department of Community & Economic Development PSE South Seattle Gate Station Fencing Maintenance Administrative Report & Decision LUA24-000242, V-A Report of October 10, 2024 Page 11 of 11 D_Admin_Report_PSE_Fence_Variance_FINAL EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court.        CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: PSE South Seattle Gate Station Fencing Maintenance Land Use File Number: LUA24-000242, V-A Date of Report October 10, 2024 Staff Contact Brianna Burroughs Associate Planner Project Applicant/Contact Kerry Kriner Puget Sound Energy PO Box 97034 M/S EST-04W, Bellevue, WA 98009 Project Location 730 S 21st St, Renton, WA 98055 (APNs 7222000071 and 7222000070) The following exhibits are included with the Administrative Report: Exhibit 1:Administrative Decision Exhibit 2:Vicinity Map Exhibit 3:Narrative and Site Photos Exhibit 4:Existing Fence and New Fence Reference photos Exhibit 5:Fencing Site Plan and Details Exhibit 6:Fence Replacement Colors Renderings Exhibit 7:Geotechnical Engineering Services Report, prepared by GeoEngineers, Inc., dated February 16, 2024 Exhibit 8:Variance Request Justification