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HomeMy WebLinkAboutD_HEX_Modified_Condition_Decision_WSDOT_Pavement_Rehabilitation_1511022 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: WA State Dept. of Transportation Noise Variance LUA 15-000709 VAR - a modification to LUA15-000036 VAR ) ) ) MODIFICATION TO FINAL DECISION ) ) ) ) ) ) By Final Decision dated March 10, 2015, the applicant was issued approval of the above-captioned case for a variance (LUA 15-000036 VAR) to the City's noise standards in order to make required improvements to SR 900 between mile post 6.66 and mile post 9.87 over 34 nonconsecutive nights from June 1, 2015 to December 31, 2015. By letter dated September 14, 2015, the applicant requested a revision of the effective dates effective April 1, 2016 through December 31, 2016. The requested change in dates is approved (LUA 15-000709 VAR). A hearing was held on the extension request on October 20, 2015. A staff report dated October 19, 20 2015 with six exhibits as identified in the staff report were admitted into the record at the October 19, 2015 hearing. In addition to the original exhibits, an additional four exhibits were entered into the record at hearing including the Staff Power Point (Ex. 7), the March 10, 2015 prior decision (Ex. 8), and two applicant exhibits (Ex. 9 and 10). The administrative record of the hearing held for the initial Final Decision of the above captioned matter is also considered a part of the administrative record for this modification request, including the final decision issued March 10, 2015. From the second hearing held on October 20, 2015 and associated exhibits and testimony, it is determined that there will be no material change in impacts caused by the requested change in the dates of the proposed variance request. Consequently, the findings, conclusions and mitigation measures imposed by the March 10, 2015 final decision are adopted in their entirety for the requested modification, with the exception that the dates for the variance are to be changed from the June 1, 2015 to December 31, 2015 period to April 1, 2016 through December 31, 2016 as requested by the applicant. 21 22 23 24 25 26 Noise Variance -1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this 2nd day ofNovember, 2015. City of Renton Hearing Examiner Pro Tern Appeal Right and Valuation Notices RMC 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(l4) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-l lO(E)(l3) and RMC 4-8-100(0)(9). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th floor, ( 425) 430-6510. Noise Variance -2