HomeMy WebLinkAbout11-4-2020 - RE: City of Renton Request for Reconsideration to the Hearing Examiner Decision Apex LLA Appeal (LUA-20-000064) CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe.
Hearing Examiner Olbrechts,
My client does not object to the owners of Lot 3 having an opportunity to comment if they wish.
My client does not object to having to comply with the requirements of RMC 4-8-120.D.12. However, the original submission for the LLA was intended to comply with all requirements and
the City has never raised any concerns with the submission. My client is agreeable to having the City assert with clarity what revisions are necessary—if any—by November 6, 2020. In
the event revisions are claimed to be necessary, my client may need more time than November 13th to prepare the revisions depending on the substance of the requested revisions. If additional
time is necessary, we propose that my client be able to request additional time as part of its response due on November 13th.
My client objects to the City being able to add conditions to the LLA approval beyond compliance with RMC 4-8-120.D.12 that was raised in the motion for reconsideration.
Thank you.
Ryan Espegard
Attorney at Law
T 206 676 7548
F 206 676 7575
From: Phil Olbrechts <olbrechtslaw@gmail.com>
Sent: Sunday, October 25, 2020 11:59 AM
To: Jason Seth <JSeth@rentonwa.gov>
Cc: Angelea Weihs <AWeihs@rentonwa.gov>; Clark Close <CClose@rentonwa.gov>; Vanessa Dolbee <VDolbee@rentonwa.gov>; Cynthia Moya <CMoya@rentonwa.gov>; Sandi Weir <SWeir@rentonwa.gov>;
Espegard, Ryan <respegard@gth-law.com>; vannlanz@hotmail.com; toumaengineering@gmail.com
Subject: Re: City of Renton Request for Reconsideration to the Hearing Examiner Decision Apex LLA Appeal (LUA-20-000064)
This is a message from the Hearing Examiner to all parties:
I'm in receipt of the City's request for reconsideration. The City requests that I revise my decision to remand the lot line application back to staff to add conditions of approval.
It strikes me that a more efficient process would be simply to re-open the hearing for staff to present its recommended conditions in this appeal proceeding for comment and then final
approval. This would avoid necessitating a second administrative appeal by anyone who disagreed with the staff conditions. However, I do appreciate that such a process could arguably
be construed as a second hearing in violation of the Regulatory Reform Act. I believe that such a procedural issue could be avoided by waiver of objection. If anyone objects to having
staff recommended conditions being included in the reconsideration process, please email them by 5:00 pm, November 4, 2020. In the absence of any objections staff will be requested to
submit its recommended conditions for comment.
The reconsideration process outlined below also provides an opportunity for the Lotterers to comment on the proposed lot line adjustment. Their comments may include new evidence and
the other parties may respond with new evidence. As noted in the staff request for reconsideration, the Lotterer's were not included in the appeal process. Consequently, they have
a right to provide new evidence.
In the absence of any objections, the deadlines for review of the City's reconsideration request are as follows:
5 pm, November 4, 2020: Objections to reconsideration process including staff recommended conditions
5 pm, November 6, 2020: Submission of recommended conditions of approval by staff to all parties; Comments by Lotterers on Lanz appeal.
5 pm, November 13, 2020: Responses by any party to staff conditions and Lotterer comments
5 pm,November 18, 2020: staff reply to conditions
All comments must be submitted by email to all parties to this email.
On Fri, Oct 23, 2020 at 10:13 AM Jason Seth <JSeth@rentonwa.gov <mailto:JSeth@rentonwa.gov> > wrote:
Dear Hearing Examiner,
Please see attached Request for Reconsideration to the Hearing Examiner Decision Apex LLA Appeal (LUA-20-000064), submitted by the City of Renton.
-Jason
Jason Seth, MMC (he/him)
City Clerk/Public Records Officer
425-430-6502