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HomeMy WebLinkAboutItem 38 - 08-14-2020 - Hearing Exhibit - COR 15 - Second Declaration of Donna LocherITEM NO. 38 HEX-000427 COR 15 Second Declaration of Donna Locher HEX-000428 SECOND DECLARATION OF DONNA LOCHER IN SUPPORT OF CITY’S FINDING OF VIOLATION – Page 1 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 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 IN PROCEEDINGS BEFORE THE CITY OF RENTON HEARING EXAMINER IN RE THE MATTER OF THE REQUEST FOR HEARING BY RENTON HOTEL INVESTORS, LLC AND KING COUNTY NO. CODE-20-000321 SECOND DECLARATION OF DONNA LOCHER IN SUPPORT OF CITY OF RENTON’S FINDING OF VIOLATION REGARDING RED LION DE- INTENSIFICATION SHELTER I, Donna Locher, declare as follows: 1. I am competent to testify in this matter and have personal knowledge of the facts stated herein. 2. This is the second declaration that I have provided in this matter, and I re- incorporate the following regarding my position and my knowledge of this matter: a. I am the Lead Code Compliance Inspector for the City of Renton’s Department of Community and Economic Development. I have held that position since 2007. HEX-000429 SECOND DECLARATION OF DONNA LOCHER IN SUPPORT OF CITY’S FINDING OF VIOLATION – Page 2 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 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 b. On June 30, 2020, I caused the Finding of Violation (“FOV) at issue in this matter to be served on King County, the Downtown Emergency Service Center (“DESC”), and Renton Hotel Investors, LLC (“RHI”). 3. When I issued the FOV, I had no knowledge that King County, DESC, and/or RHI assert that some of the de-intensification shelter’s residents have disabilities. If I had known that assertion, I nevertheless would have regarded it as irrelevant to the FOV. I issued the FOV because the de-intensification shelter is a full-service residential use in the CA zone which does not allow standalone residential uses. See RMC 4-2-060 (zoning use table). 4. As the City’s Lead Code Compliance Inspector, I have access to the complaints that CED’s code enforcement team receives. There are no complaints on file with the City complaining that a Hotel was being operated beyond the scope of the Renton Municipal Code’s definition of “Hotel” (other than at the Red Lion property). 5. In my role as Lead Code Compliance Inspector, I regularly receive information about how properties throughout the City are being used and operated. To my knowledge, prior to the COVID-19 pandemic, not one of the Hotels anywhere in the City was operating in a manner similar to the Property’s de-intensification shelter where residents live there with no other residence and where full wraparound living services are provided. 6. In the 13 years that I have held my position as Lead Code Compliance Inspector, there has never been a situation analogous to the de-intensification facility in which a large 200+ resident) residential use began operating overnight, without permits, in a commercial HEX-000430 HEX-000431 SECOND DECLARATION OF DONNA LOCHER IN SUPPORT OF CITY’S FINDING OF VIOLATION – Page 4 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 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 DECLARATION OF SERVICE I declare under penalty of perjury under the laws of the State of Washington that on August 12, 2020 a true and correct copy of the foregoing document was served upon the parties listed below via the method indicated: Renton Hotel Investors, LLC: Sumeer Singla Williams, Kastner & Gibbs PLLC ssingla@williamskastner.com X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] E-Service King County: Howard Schneiderman Senior Deputy Prosecuting Attorney Howard.Schneiderman@kingcounty.gov Youn-Jung Kim Deputy Prosecuting Attorney Jina.Kim@kingcounty.gov Lena Madden Deputy Prosecuting Attorney Lena.Madden@kingcounty.gov X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] E-Service HEX-000432 SECOND DECLARATION OF DONNA LOCHER IN SUPPORT OF CITY’S FINDING OF VIOLATION – Page 5 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 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 DESC: Daniel Malone Downtown Emergency Service Center (DESC) dmalone@desc.org X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] E-Service DATED this 12th day of August, 2020, at Maple Valley, Washington. s/Stephanie Rary Stephanie Rary, Paralegal With a copy to: Elaine L. Spencer, WSBA #6963 Northwest Resource Law PLLC espencer@nwresourcelaw.com Lisa Chaiet Rahman, WSBA #51531 Northwest Resource Law PLLC lrahman@nwresourcelaw.com X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] E-Service HEX-000433