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Home My WebLink Aboutcitys's response RE: Final Lanz Prehearing Order_Witness and Exhibit ListHello Examiner Olbrechts, The City has no objections to the revised prehearing order. Thank you, Angelea Weihs Associate Planner, City of Renton 1055 S. Grady Way Renton, WA 98057 (425) 430-7312 From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Monday, July 27, 2020 8:06 PM To: Espegard, Ryan <respegard@gth-law.com> Cc: Angelea Weihs <AWeihs@Rentonwa.gov>; Vann Lanz <vann@lnlbuilds.com>; Cynthia Moya <CMoya@Rentonwa.gov>; Philmon Negusse <pnegusse@gmail.com>; Henok Abraha <henok.abraha@gmail.com>; Brianne Bannwarth <BBannwarth@Rentonwa.gov>; Vanessa Dolbee <VDolbee@Rentonwa.gov>; Jason Seth <JSeth@Rentonwa.gov> Subject: Re: Final Lanz Prehearing Order_Witness and Exhibit List Revised prehearing order for Lanz is attached. Please let me know of any concerns or objections by 5:00, 7/29/20. If you need more time to review just ask. Thank you! On Mon, Jul 27, 2020 at 12:54 PM Espegard, Ryan <respegard@gth-law.com> wrote: Examiner Olbrechts, With the hearing set for September 15th, the City would have more than two weeks with the submittals and briefing prior to the hearing. This should resolve any concern about allowing the submittal of a witness and exhibit list on August 28th. Ryan Espegard Attorney at Law T 206 676 7548 F 206 676 7575 From: Angelea Weihs <AWeihs@Rentonwa.gov> Sent: Tuesday, July 21, 2020 9:54 AM To: 'Phil Olbrechts' <olbrechtslaw@gmail.com>; Vann Lanz <vann@lnlbuilds.com> Cc: Cynthia Moya <CMoya@Rentonwa.gov>; Espegard, Ryan <respegard@gth-law.com>; Philmon Negusse <pnegusse@gmail.com>; Henok Abraha <henok.abraha@gmail.com>; Brianne Bannwarth <BBannwarth@Rentonwa.gov>; Vanessa Dolbee <VDolbee@Rentonwa.gov>; Jason Seth <JSeth@Rentonwa.gov> Subject: RE: Final Lanz Prehearing Order_Witness and Exhibit List Hello Examiner Olbrechts, The City objected to the late submittal of a list of witnesses and exhibits to the extent the lateness would prevent the City from having a fair opportunity to prepare for the hearing. The City renews such objection – If Mr. Lanz submits a list of witnesses and exhibits and, now, additional briefing, the City requests that the hearing be scheduled no sooner than one week after such submittals. Thank you, Angelea Weihs Associate Planner, City of Renton 1055 S. Grady Way Renton, WA 98057 (425) 430-7312 From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Monday, July 20, 2020 9:33 PM To: Vann Lanz <vann@lnlbuilds.com> Cc: Cynthia Moya <CMoya@Rentonwa.gov>; Espegard, Ryan <respegard@gth-law.com>; Angelea Weihs <AWeihs@Rentonwa.gov>; Philmon Negusse <pnegusse@gmail.com>; Henok Abraha <henok.abraha@gmail.com>; Brianne Bannwarth <BBannwarth@Rentonwa.gov>; Vanessa Dolbee <VDolbee@Rentonwa.gov>; Jason Seth <JSeth@Rentonwa.gov> Subject: Re: Final Lanz Prehearing Order_Witness and Exhibit List In reading through the email correspondence on the Lanz appeal, I see there is need for clarification from the City on its position regarding a delayed submission of the witness and exhibit list from the Appellant. The deadline for submission of the witness and exhibit lists as set by the Lanz prehearing order is long past. The City has compiled with the deadline, Mr. Lanz has not. When Mr. Lanz requested a continuance of the hearing date, the City agreed to that request, but objected to the presentation of any exhibits or testimony beyond that of Mr. Lanz because of the expired witness/exhibit list deadline. Mr. Lanz has now retained an attorney, who has requested additional time to submit a witness and exhibit list in addition to a prehearing brief. In light of the new developments attaching to Mr. Lanz's appeal (i.e. his retention of a lawyer), does the City still object to the delayed submission of a witness and exhibit list and the presentation of the evidence identified therein? On Mon, Jul 20, 2020 at 3:51 PM Vann Lanz <vann@lnlbuilds.com> wrote: Works for me Regards, Vann Lanz LNL Builds, LLC 206-499-1277 On Jul 20, 2020, at 3:47 PM, Cynthia Moya <CMoya@rentonwa.gov> wrote: Checking to see if there were any objections to extending this hearing after August 28, 2020. If none, how does September 15, 2020 at 10 am work for all of you? Thank you, Cindy Moya, City Clerk Specialist City of Renton - Administrative Services/City Clerk Division cmoya@rentonwa.gov 425-430-6513 <image001.jpg> From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Friday, July 17, 2020 4:15 AM To: Espegard, Ryan <respegard@gth-law.com> Cc: Vann Lanz <vann@lnlbuilds.com>; Angelea Weihs <AWeihs@Rentonwa.gov>; Philmon Negusse <pnegusse@gmail.com>; Henok Abraha <henok.abraha@gmail.com>; Brianne Bannwarth <BBannwarth@Rentonwa.gov>; Cynthia Moya <CMoya@Rentonwa.gov>; Vanessa Dolbee <VDolbee@Rentonwa.gov> Subject: Re: Final Lanz Prehearing Order_Witness and Exhibit List If the City has no objections, Mr. Espegard can submit briefing and a witness/exhibit list as he proposes. I request that the City Clerk schedule the appeal hearing after August 28, 2020. On Thu, Jul 16, 2020 at 3:23 PM Espegard, Ryan <respegard@gth-law.com> wrote: Hearing Examiner Olbrechts, I have now been formally retained in this matter. I am out of the office next week and return to catch up on work on Monday, July 27th, at which point I will begin working on this matter. In order to get up to speed and appropriately represent my client, I request to be able to submit a witness and exhibit list, along with a short brief, by Friday, August 28, 2020. I can be ready for a hearing shortly thereafter. Thank you for your consideration of this scheduling request. Also, please let me know if you need the submission of a formal notice of appearance or motion pertaining to scheduling. Thanks. Ryan Espegard Attorney at Law T 206 676 7548 F 206 676 7575 From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Monday, June 15, 2020 1:46 PM To: Vann Lanz <vann@lnlbuilds.com> Cc: Angelea Weihs <AWeihs@rentonwa.gov>; Philmon Negusse <pnegusse@gmail.com>; Henok Abraha <henok.abraha@gmail.com>; Espegard, Ryan <respegard@gth-law.com>; Brianne Bannwarth <BBannwarth@rentonwa.gov>; Cynthia Moya <CMoya@rentonwa.gov>; Vanessa Dolbee <VDolbee@rentonwa.gov> Subject: Re: Final Lanz Prehearing Order_Witness and Exhibit List Tomorrow's Lanz appeal hearing is continued. I will wait a week before setting a new date in order to hear from Mr. Lanz's attorney. On Mon, Jun 15, 2020 at 1:15 PM Vann Lanz <vann@lnlbuilds.com> wrote: Angelea, Our attorney will be preparing a response to your letter. Regarding Chip’s absence I will defer to my attorney to see how best to proceed. I would like to continue this however ask time for the attorney to prepare a response to the City of Renton’s latest letter. Regards, Vann Lanz LNL Builds, LLC 206-499-1277 On Jun 15, 2020, at 10:45 AM, Angelea Weihs <AWeihs@rentonwa.gov> wrote: Hello Examiner Olbrechts, The City is not opposed to a continuance of the hearing date; however, for sake of the appellant’s schedule, the appellant should be aware that Chip Vincent is currently out of office until mid August. If Mr. Lanz would prefer to discuss his concerns with the acting CED Administrator while Chip Vincent is on leave, that can be scheduled. In addition, we would like to note that CED did not receive an exhibit or witness list from the appellant. It is assumed that there will be no additional witnesses other than Mr. Lanz, and no additional information beyond what has already been provided. We request that the appellant be upheld to the prehearing order obligation. Thank you, Angelea Weihs Associate Planner, City of Renton 1055 S. Grady Way Renton, WA 98057 (425) 430-7312 From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Friday, June 12, 2020 9:54 AM To: Vann Lanz <vann@lnlbuilds.com> Cc: Angelea Weihs <AWeihs@Rentonwa.gov>; Philmon Negusse <pnegusse@gmail.com>; Henok Abraha <henok.abraha@gmail.com>; Ryan Espegard <respegard@gth-law.com>; Brianne Bannwarth <BBannwarth@Rentonwa.gov>; Cynthia Moya <CMoya@Rentonwa.gov>; Vanessa Dolbee <VDolbee@Rentonwa.gov> Subject: Re: Final Lanz Prehearing Order_Witness and Exhibit List Mr. Lanz, Are you requesting a continuance of your hearing date? Ms. Weihs, Does the City have any objection to continuance if that is what Mr. Lanz is requesting? On Thu, Jun 11, 2020 at 2:40 PM Vann Lanz <vann@lnlbuilds.com> wrote: Angelea, I would like to schedule a meeting with Chip Vincent regarding these properties. It is becoming increasingly evident that the City of Renton is trying to limit the development of these lots and has been doing so for the better part of a decade. A building can not be built into a critical area and instead of getting a reasonable use exemption to do this the rational route would be to relocate the house outside of such area if at all possible and in this instance a BLA would accomplish this with no extraordinary circumstances. Please note that a ROW vacation was applied for and denied which would have allowed for this shift of lot lines without creating a further non conformity to current building codes. Additionally the BLA on the upper portion of the lot allows for the lower lots to become conforming so I am very conflicted as to the legal basis for your decision making process. It would appear to be very arbitrary. Please advise when Chip is available. I would like to do it prior to our hearing and postpone the hearing to accomplish this. Lastly please note that I have included my land use attorney and the owners on this email chain. Regards, Vann Lanz LNL Builds, LLC 206-499-1277 On Jun 11, 2020, at 1:42 PM, Angelea Weihs <AWeihs@rentonwa.gov> wrote: Examiner Olbrechts, Please find attached the City’s Witness and Exhibit List, as well as COR Exhibit 1. Thank you, Angelea Weihs Associate Planner, City of Renton 1055 S. Grady Way Renton, WA 98057 (425) 430-7312 COVID-19 UPDATE City Hall is currently closed to the public but we are still available to assist you. * Pay Invoice and Apply for Over-the-Counter Permit: Permitting Portal <https://permitting.rentonwa.gov/#/home> * Schedule an Inspection: Permitting Portal <https://permitting.rentonwa.gov/#/home> -OR- Building: 425-430-7202; Civil/Site: 425-430-7203 * Contact Staff: * Building or General Permitting: permittech@rentonwa.gov <mailto:permittech@rentonwa.gov?subject=Inquiry%20from%20Website> or 425-430-7200 * Planning: planningcustomerservice@rentonwa.gov <mailto:planningcustomerservice@rentonwa.gov?subject=Inquiry%20from%20City%20Website> or 425-430-7294 * Public Works Permitting: pwpermitting@rentonwa.gov <mailto:pwpermitting@rentonwa.gov?subject=Inquiry%20from%20City%20Website> or 206-402-8626 * Code Compliance: Renton Responds <https://rentonwa.gov/cms/one.aspx?portalId=7922741&pageId=15833143> or 425-430-7373. <Vann Lanz Administrative Appeal - Witness and Exhibit List Final 6-11-2020.pdf> <COR Exhibit 1_City Written Response to Appeal and Exhibits.pdf>