HomeMy WebLinkAboutE. HEX Order of Request II (1/29/2015) CITY OF RENTON I S�
JAN 2 8 2015
RECEIVED
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9 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
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RE: The Reserve at Tiffany Park )
12 Preliminary Plat )
ORDER ON REQUEST FOR
13 ) RECONSIDERATION II
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Preliminary Plat and SEPA Appeals )
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16 LUA13-001572, ECF, PP, CAE )
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The SEPA Appellants requested reconsideration of the Hearing Examiner's decision on the above-
18 captioned matter by letter dated January 21, 2015. An Order on Request for Reconsideration was
issued in response on January 22, 2015 directing the SEPA
19 Appellants to limit the new evidence of their request for reconsideration to that authorized by the
20 Renton Municipal Code. The SEPA Appellants have submitted a modified request for
reconsideration on January 28, 2015 within the time-frame required by the January 22, 2015 Order.
21 Since the SEPA Appellant's first request for reconsideration, the applicant has also submitted a
timely request for reconsideration dated January 22, 2015. The reconsideration requests from both
22 the SEPA Appellants and the applicant will be distributed to the parties of record of this proceeding
23 for response and reply.
24 It is recognized that once again the SEPA appellants are attempting to introduce new evidence in the
record and that applicable legal standards only allow new evidence under very limited circumstances.
25 This places the applicant in the difficult position of arguing against the admission of new evidence
26 while at the same time having to respond to the new evidence in case the evidence is admitted. The
PRELIMINARY PLAT - 1
I applicant is given the opportunity to limit its response to evidence in the record and reserve the right
to respond to newly presented evidence if any such evidence is admitted. If the applicant chooses this
2 course of action, the examiner will rule on the admissibility of evidence after the submission
3 deadlines outlined below and then provide an additional opportunity for response to new evidence by
the applicant and final reply by the SEPA appellants before ruling on the reconsideration requests. In
4 the alternative, the applicant may "cover all bases" and argue against the admission of new evidence
while also presenting new evidence to the extent necessary to respond to any new evidence from the
5 SEPA appellants that is admitted into the record.
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7 ORDER ON RECONSIDERATION
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9 1. Persons who testified at the hearing on the above-captioned matter and City staff shall have until
5:00 pm, February 4, 2015 to provide written comments in response to the Request for
10 Reconsideration submitted by the SEPA Appellants on January 28, 2015 and the Request for
Reconsideration submitted by the applicant on January 22 2015. Only persons who participated
11 in the SEPA appeal may comment on the SEPA appeal issues. All comments are limited to the
12 issues raised in the requests for reconsideration.
13 2. The SEPA Appellants and the applicant shall have until February 9, 2015 at 5:00 pm to provide a
written reply to the responses to their own reconsideration requests.
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15 3. All written comments, responses and replies authorized above must be emailed to the Examiner
16 at olhrechts[Lm (a gnwil.coin; Rocale Timmons at RTMinwns0 Rcntonwa.go%; Renate Beedon at
rento n-oppositesC comca,�t.net; Nancy Rogers at. NRo�ers@Cairncross.cotn and Cynthia Moya
17 at CMoya@Rentonwa.gov. In the alternative written comments may be mailed or delivered to
Rocale Timmons, City of Renton Senior Planner, at 1055 South Grady Way, Renton, WA 98057.
18 Mailed or delivered comments must be received by the City by the deadlines specified in this
19 Order.
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DATED this 29th day of January, 2015.
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City of Renton Hearing Examiner
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PRELIMINARY PLAT - 2