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HomeMy WebLinkAboutCity Clerk Ltr Denis Law ' -— MayorClty ofJL City Clerk -Jason A.Seth,CMC December 5,2014 APPEAL FILED BY: Brent Carson, Van Ness Feldman RE: Appeal of Hearing Examiner's Final Decision upon Reconsideration dated November 15, 2014,regarding the Vuecrest Estates Preliminary Plat located at the 4800 Block of Smithers Ave. South(File No. LUA-13-000642) To Parties of Record: Pursuant to Title N,Chapter 8,Renton City Code of Ordinances, written appeal of the hearing examiner's final decision upon reconsideration on Vuecrest Estates land use application has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-11 OF, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limited to support of their positions within ten(10)days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is 5:00 pm, Friday, December 19,2014. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee. The Council Liaison will notify all parties of record of the date and time of the Planning and Development Committee meeting. If you are not listed in local telephone directories and wish to attend the meeting, please call the Council Liaison at 425-430-6501 for information. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Enclosed you will find a copy of the appeal and a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner,no further evidence or testimony on this matter will be accepted by the City Council. For additional information or assistance,please feel free to call me at 425-430-6502. Scerely, on eth ity Clerk Enclosures cc: Council Liaison 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425),430-6516•rentonwa.gov City of Renton Municipal Code; Title IV, Chapter 8, Section 110—Appeals 4-8-110C4 Filing of Appeal and Fee:The notice of appeal shall be accompanied by a fee in accordance with RMC 5- 1-2,the fee schedule of the City. (Ord. 3658, 9-13-1982; Ord. 5660, 5-14-2012; Ord. 5688, 5-13-2013) 4-8-110F: Appeals to City Council—Procedures 1. Standing: Unless otherwise provided by State law or exempted by a State or federal agency, only the applicant, City or a party of record who has been aggrieved or affected by the Hearing Examiner's decision and who participated in the Hearing Examiner's public hearing may appeal the Hearing Examiner's decision.A person(s) will be deemed to have participated in the public hearing process if that person(s): a. Testified or gave oral comments at the public hearing; or b. Submitted any written comments to City staff or the Hearing Examiner regarding the matter prior to the close of the hearing; or c. Has been granted status as or has requested to be made a party of record prior to the close of the public hearing. 2. Notice to Parties of Record:Within five (5) days of receipt of the notice of appeal,the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council.The cost of transcription of the hearing record shall be borne by the applicant. If a transcript is made,the applicant is required to provide a copy to the City Clerk and the Renton City Attorney at no cost. It shall be presumed that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 5675, 12-3-2012) S. Burden:The burden of proof shall rest with the appellant. 6. Council Evaluation Criteria:The consideration by the City Council shall be based solely upon the record,the Hearing Examiner's report, the notice of appeal and additional arguments based on the record by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-8-0701-11, as it exists or may be amended, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may modify or reverse the decision of the Hearing Examiner accordingly. (Ord. 5675, 12-3- 2012) 8. Decision Documentation:The decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. 9. Council Action Final:The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 3658, 9-13-1982; Ord.4389, 1-25-1993; Ord.4660, 3-17-1997; Ord. 5558, 10-25-2010)