HomeMy WebLinkAboutWalitier Lt2Iq'RDenis Law Mayor
City Clerk - Jason A. Seth, CIVIC
October 30, 2018
Jamie Waltier
Harbour Homes, LLC.
400 N 34th St, Suite 300
Seattle, WA 98103
Subject: HEX's Final Decision upon Reconsideration
RE: Cedars at the Highlands Preliminary Plat (LUA-17-000189)
Dear Mr. Waltier:
Enclosed please find the Hearing Examiner's Final Decision upon Reconsideration dated
October 30, 2018. Along with Mr. Smith's letter (received at the City on: 10/19/2018)
asking for a reconsideration.
I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you.
Sincerely,
//4Jason A. Seth, CIVIC
City Clerk
cc: Hearing Examiner
Alex Morganroth, Associate Planner
Jennifer Henning, Planning Director
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Kyle Wunderlin, Planning Technician
Julia Medzegian, City Council Liaison
Shane Moloney, City Attorney
Leslie Clark, Senior Assistant City Attorney
Parties of Record (7)
1055 South Grady Way, Renton, WA 98057 - (425) 430-6510 / Fax (425) 430-6516 - rentonwa.gov
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Cedars at the Highlands
Preliminary Plat, Street Modification,
Tier 2 Temporary Use Permit
LUA17-000189, PP, MOD, TUP
FINAL DECISION UPON
RECONSIDERATION
Gerald Smith, owner of the property subject to the above -captioned applications, filed a
request for reconsideration with the City Clerk on October 19, 2018. Mr. Smith requests a
reconsideration of the wetland buffers imposed for his property. The wetland buffer requirements
were addressed in detail in the Final Decision issued for the above -captioned applications on
October 2, 2018. Mr. Smith didn't raise any arguments that he didn't already raise in the hearing
held for the October 2, 2018 decision. He instead focuses upon the fact that the wetland buffers
imposed by the October 2, 2018 decision may result in the loss of one of the lots proposed by the
subdivision application. The Renton Municipal Code does not authorize the reduction of buffer
widths beyond the 25% reduction already granted to the project in the absence of a reasonable use
request (or perhaps a variance if applicable). The request for reconsideration is denied..
The October 2, 2018 issuance date for the Final Decision of the above -captioned application is
extended to the issuance date of this Final Decision Upon Reconsideration for purposes of appeal as
required to accommodate Mr. Smith's request for reconsideration.
DATED this 30th day of October, 2018.
DECISION UPON RECONSIDERATION - 1
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Phi A.Olbrechts
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
As consolidated, RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III
applications subject to closed record appeal to the City of Renton City Council. Appeals of the
hearing examiner's decision must be filed within fourteen (14) calendar days from the date of the
decision. No additional requests for reconsideration are authorized.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
DECISION UPON RECONSIDERATION - 2
CITY OF RENTON
PHIL A. OLBRECHTS CEDAR AT HIGHLANDS LUA-17-000189 OCT 19 2018
RENTON HEARING EXAMINER RECEIVED
CITY CLERK'S OFFICE
I DID EXPECT YOU TO AGREE WITH MR. MORGENROTH. AFTER ALL IT'S THE LAW. THAT'S WHAT HE TOLD
ME EVERY TIME I ASKED HIM WHY. HIS GOAL IS TO IMPLEMENT THE LAW NO MATTER HOW IT AFFECTS
OTHERS.
MR. MORGANROTH STATED THAT THE 75 FOOT SETBACK WOULD NOT EQUAL ANOTHER BUILDING LOT.
HE IS IN ERROR. THE FOLLOWING INCLUDES THE SET BACK FROM MY CLASS 3 WETLAND AND SETBACK
FROM MINDY'S CLASS 2 WETLANDS.
THE EXTRA 25 FOOT IS EQUAL TO 7500 SQUARE FEET PLUS THE 3000 SQUARE FEET HARBOR HOMES
GAVE TO ME FROM THE NEW PLOT WOULD MAKE ONE MORE LOT OR THEY COULD HAVE PUT THEIR
POND ABOVE GROUND SAVING THEM $100,000 ADDITIONAL COST TO MAKE A VAULT. THE ORIGINAL
PLOT SUBMITTED WAS A MODEL DEVELOPMENT WITH THE POND ABOVE GROUND. ALSO THE POND
WAS NOT NEAR THE WETLAND.THAT ADDITIONAL 25 FOOT DOES NOTHING TO HELP THE WET LAND. IT
TAKES GOOD BUILDABLE LAND FROM ME AND HARBOR HOMES.THE SLOPED WETLAND IS WITH IN THE
50 FOOT SETBACK.
WHEN THE ORIGINAL ECOLOGY REPORT WAS MADE THE WET LAND WAS PROBABLY THE SAME ON
MINDY'S AND MY SIDE OF THE FENCE. THE SECOND ECOLOGY REPORT HAD MINDY'S POND DUMPING
WATER IN MY DITCH FOR SOME TIME.YOU NEED TO TAKE RESPONSIBILITY FOR CHANGING THE WET
LANDS ON MY PROPERTY AND REMOVE MINDY'S POND WATER FROM MY PROPERTY AND ROUTE IT TO
162TH LIKE IT SHOULD HAVE BEEN DONE IN THE FIRST PLACE.
I WOULD HOPE YOU TAKE ONE LAST LOOK BECAUSE YOU COULD BUILD ANOTHER HOUSE OR PUT THE
POND ABOVE GROUND AND THAT EXTRA 25 FEET DOES NOTHING FOR THE WET LAND.
WHY WOULD I NEED A 75 FOOT SETBACK FROM MINDY'S CLASS TWO WET LANDS? " OH " I ALMOST
FORGOT "QUOTE" FROM MR. MORGANROTH IT'S THE LAW. IF YOU CAN CUTBACK THE 100 FT SET BACK
TO 75 FT FOR MY WETLANDS THEN FOR MINDY'S SET BACK YOU COULD CUT IT TO 50 FROM 75.
I HAVE OWNED AND RESPECTED THE WETLAND FOR 38 YEARS. LOOKS LIKE I WILL CONTINUE TO OWN
IT FOR YEARS TO COME. I WILL NOT HAVE MY BARN ON HALF MY PROPERTY AND HALF YOUR
WETLANDS. I WILL RETAIN OWNERSHIP OF TRACK B. NO PLANTS,TREES OR WHAT EVER WILL BE
PLANTED IN THE WETLAND. IT WILL REMAIN AS IT IS TODAY.
� 011711
/GERALD SMITH