HomeMy WebLinkAbout7-31-2020 - Admin Appeal -- Reasonable Use -- Jurgens Reconsideration1
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Reasonable Use - 1
CAO VARIANCE - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Steve Jurgens
Appeal of Reasonable Use Decision
LUA20-000006
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FINDINGS OF FACT, CONCLUSIONS OF
LAW AND DECISION UPON
RECONSIDERATION
Upon reconsideration, the Final Decision of the above-referenced appeal is modified by
removing all revisions made to Condition No. 2 of the staff decision under appeal and deletion of
Finding of Fact No. 9.
Mr. Jurgens filed a request for reconsideration on July 5, 2020 and the City concurred in
the request by email dated July 15, 2020. It is concluded that Mr. Jurgens correctly identified that
the Final Decision in the above-captioned matter was in error in inadvertently switching the “New
Grass” with the “New Native Trees and Shrubs” of Exhibit 10 and thereby incorrectly concluding
that the Native Growth Protection Easement (“NGPE”) required by Condition No. 2 left a gap of
unprotected wetland buffer between the NGPE and Mr. Jurgen’s northern property line. Although
it is a little unclear whether the NGPE imposed by Condition No. 2 is sufficiently wide to protect
the adjoining wetlands as recommended in Department of Ecology review of the reasonable use
request, Condition No. 5 requires supplemental mitigation analysis that will assess the adequacy
of the mitigation imposed in the reasonable use decision, thus providing an opportunity to widen
the NGPE should that prove necessary to protect wetland functions and values. For these reasons,
the requirement that the “New Grass” area be included in the Condition No. 2 NGPE is stricken.
Finding of Fact No. 8 of the Final Decision will also be stricken as that is the finding that
incorrectly determined that the Condition No. 2 NGPE encompassed the “New Grass” area of Ex.
10.
DECISION
Mr. Jurgens’ request for reconsideration is granted. Finding of Fact No. 8 of the Final Decision of the
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Reasonable Use - 2
CAO VARIANCE - 2
above-captioned matter is stricken. Condition No. 2 of the Final Decision is replaced with the
following:
2. The applicant shall establish a Native Growth Protection Easement that encompasses the
entire wetland mitigation area (approx. 1,100 SF) identified as “New Native Trees and
Shrubs” on the Wetlands Mitigation Site Plan (Exhibit 10) located to the east of the
proposed addition, in addition to the small amount of wetland encroaching onto the subject
property on the northeast side of the addition.
The findings and conclusions of this Decision Upon Reconsideration shall supersede any conflicting
findings and conclusions of the Final Decision.
DATED this 30th day of July 2020.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-080(G) subjects this open-record appeal decision to closed record appeal to the City of
Renton City Council. Appeals of the hearing examiner’s decision must be filed with the Renton City
Clerk within fourteen (14) calendar days from the issuance of the decision as outlined in RMC 4-8-
110C2. All appeals must be received by the City Clerk’s Office by this deadline and be accompanied
by the applicable appeal fee.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.