HomeMy WebLinkAboutD_HEX_WSDOT_Noise_Variance_1509281
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: WA State Dept. of Transportation
Noise Variance
LUA 15-000036, VAR
)
)
) FINAL DECISION UPON
) RECONSIDERATION ON REQUEST FOR
) EXTENSION
)
)
) _______________ )
Request for reconsideration is denied. An additional hearing is still required to entertain an
extension of the noise variance expiration as outlined in the September 17, 2015 final decision on
the applicant's Request for Extension.
As background, by decision dated March 10, 2015, the applicant was issued approval of the above-
captioned case for a variance to the City's noise standards in order to make 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 that the dates be
changed to January 1, 2016 through December 31, 2016. That request was denied by decision
issued September 17, 2015. By email dated September 21, 2015, Vicki Grover, a civil engineer
working for the Plan Review Section of the City of Renton, requested reconsideration based upon
RMC 4-9-250(18), which had not been raised in the original request for extension of the approved
variance dates.
The noise variance approved by the decision issued on March 10, 2015 was based upon noise
variances governed by RMC 8-7-8. In her request for reconsideration, Ms. Grover requested that
24 the examiner consider applying RMC 4-9-250(18), which authorizes extensions of the expiration
period for variances set by RMC 4-9-250( 17). The expiration periods identified in RCW 4-9-
250(17) apply to the variances issued under RMC 4-9-250. The noise variance approved on March
10, 2015 was governed by RMC 8-7-8 and its expiration period was not set by RMC 4-9-250(17).
Consequently, RMC 4-9-250(18) cannot be used to extend the expiration periods of RMC 8-78-8.
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CONDITIONAL USE
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This result should not be too surprising. Variances governed by RMC 4-9-250 primarily deal with
modifications to construction standards. The expiration periods for those types of variances simply
set the date upon which construction must commence. Of course, once construction is completed
the impacts upon other properties are permanent. Extension of the construction deadline merely
delays the date that those permanent impacts commence. In contrast, a noise variance sets a narrow
window upon which noise impacts will occur. Changing the date of the window can potentially
have significant impacts upon the use of adjoining properties. Given this potential, the public
should have an opportunity to comment on the change in the expiration period.
DATED this 28th day of September, 2015.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-11 O(E)(9) provides that the final decision of the Hearing Examiner is subject to appeal to
the Renton City Council. RMC 4-8-l 10(E)(9) 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 e examiner may also be filed within this 14 day appeal
period as identified in RMC 4-8-110(E)(8) and RMC 4-8-IOO(G)(4). 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.
Affected property owners may request a change m valuation for property tax purposes
notwithstanding any program of revaluation.
CONDITIONAL USE
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