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Home My WebLink About1-24-2022 - HEX decision - Appeal to HEX - Leighton Administrative Setback VarianceCAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. From:Phil Olbrechts To:Steve Leighton Cc:Ruiz, Patricia; Alex Morganroth; Angelea Weihs; Bull, Trishah; Cynthia Moya; Heidi Helgeson; Jason Seth; Jennifer Cisneros; Jill Ding; Lisa Montalvo; Overton, Frank; Patrice Kent; Shane Moloney; Vanessa Dolbee; kennydaltown@gmail.com; marlene@marlenewinter.com Subject:Re: Appeal to HEX - Leighton Administrative Setback Variance (LUA21-00237, V-A -- Witness/Exhibit List Date:Monday, January 24, 2022 9:34:18 AM Attachments:image002.png The request for continuance is granted. The hearing date shall be set no later than March 4, 2022. March 1, 2022 is the preferred hearing date. Pursuant to the request of the County, I would also like to set a virtual (Zoom) prehearing conference for next Tuesday at 9:00 am. Please let me know of your availability for the prehearing conference by Wednesday evening. The purpose of the conference will just be to set deadlines and answer questions. No substantive issues will be resolved at that time. After the prehearing conference I will distribute a draft prehearing order that sets the dates and deadlines associated with the appeal. One time requests for continuances are generally granted if there is good cause and the appeal can be resolved in a reasonable amount of time. I construe 90 days as a reasonable amount of time. This is based upon a prior version of the Regulatory Reform Act, Chapter 36.70B RCW. When the Regulatory Reform Act was initially adopted it required cities and counties subject to the Growth Management Act to generally set 90 day deadlines for resolution of appeals. The Regulatory Reform Act no longer sets any deadlines for appeals, but its 90 day deadline remains in numerous local municipal codes and is the most commonly adopted and recognized appeal decision deadline throughout the state. The County has identified good cause for the continuance. The appeal also involves matters of fairly high public interest so it is important that sufficient time be given for presentation of the appeal issues. The decision under appeal was issued after reconsideration on December 21, 2021. 90 days later would be approximately March 21, 2022 (the actual issuance date of the decision may be December 24, 2021 due to mailing, making a more precise deadline possibly March 24, 2022). By state law and the RMC hearing examiner decisions are due 10 business days after close of the appeal hearing. Consequently, the hearing date should be set for the week of February 28, 2022. Renton holds its hearing examiner hearings on Tuesdays, hence the suggested March 1, 2022 date. On Mon, Jan 24, 2022 at 8:08 AM Steve Leighton <steve17leighton@gmail.com> wrote: Good Morning Cynthia, We are requesting the hearing to continue on Feb 8th. The county has forwarded their concerns and we are ready to respond to the comments. Currently this issue has delayed our project over 3 months and it will be a substantial hardship if we are not allowed to continue at this point in time. We look forward to talking on Feb 8 and resolving the issues that the county has raised. Thanks again for your help, Steve and Lisa Leighton On Mon, Jan 24, 2022 at 7:53 AM Ruiz, Patricia <paruiz@kingcounty.gov> wrote: Hello Cynthia, The County will be requesting an extension to a date in March. A continuance of the existing hearing date is necessary for several reasons. The County anticipates calling at least 4 expert witnesses. Several of these witnesses are unavailable for the near term future, as they dealing with recent mudslides on County property. In addition, a key witness will be out of state and unavailable Feb. 9th thru Feb. 21st. The County will propose a specific date after it has learned the availability of its witnesses. Patty Ruiz Real Property Agent IV King County Department of Natural Resources and Parks E: paruiz@kingcounty.gov T: 206-263-2273 From: Cynthia Moya <CMoya@Rentonwa.gov> Sent: Friday, January 21, 2022 8:36 AM To: Phil Olbrechts <olbrechtslaw@gmail.com>; Ruiz, Patricia <paruiz@kingcounty.gov> Cc: Overton, Frank <Frank.Overton@kingcounty.gov>; Bull, Trishah <Trishah.Bull@kingcounty.gov>; Jill Ding <JDing@Rentonwa.gov>; Alex Morganroth <AMorganroth@Rentonwa.gov>; Angelea Weihs <AWeihs@Rentonwa.gov>; Jason Seth <JSeth@Rentonwa.gov>; Jennifer Cisneros <JCisneros@Rentonwa.gov>; Patrice Kent <PKent@rentonwa.gov>; Shane Moloney <SMoloney@Rentonwa.gov>; Vanessa Dolbee <VDolbee@Rentonwa.gov>; marlene@marlenewinter.com; kennydaltown@gmail.com; Lisa Montalvo <lisak@h2darchitects.com>; Heidi Helgeson <heidi@h2darchitects.com>; Steve Leighton <steve17leighton@gmail.com> Subject: RE: Appeal to HEX - Leighton Administrative Setback Variance (LUA21- 00237, V-A -- Witness/Exhibit List [EXTERNAL Email Notice! ] External communication is important to us. Be cautious of phishing attempts. Do not click or open suspicious links or attachments. See the Hearing Examiners email below. I am adding the 3 parties of record that were not included on this string. 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. Phil – this is the full email list of all parties associated with this matter. Thank you, Cindy Moya, City Clerk Specialist City of Renton – Office of the City Clerk cmoya@rentonwa.gov 425-430-6513 From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Thursday, January 20, 2022 6:54 PM To: Ruiz, Patricia <paruiz@kingcounty.gov> Cc: Cynthia Moya <CMoya@Rentonwa.gov>; Overton, Frank <Frank.Overton@kingcounty.gov>; Bull, Trishah <Trishah.Bull@kingcounty.gov>; Jill Ding <JDing@Rentonwa.gov>; Alex Morganroth <AMorganroth@Rentonwa.gov>; Angelea Weihs <AWeihs@Rentonwa.gov>; Jason Seth <JSeth@Rentonwa.gov>; Jennifer Cisneros <JCisneros@Rentonwa.gov>; Patrice Kent <PKent@rentonwa.gov>; Shane Moloney <SMoloney@Rentonwa.gov>; Vanessa Dolbee <VDolbee@Rentonwa.gov>; marlene@marlenewinter.com; kennydaltown@gmail.com Subject: Re: Appeal to HEX - Leighton Administrative Setback Variance (LUA21-00237, V-A -- Witness/Exhibit List Any objections to a continuance? Is the Applicant a part of this email string? On Thu, Jan 20, 2022 at 4:49 PM Ruiz, Patricia <paruiz@kingcounty.gov> wrote: Thank you Phil. Our attorney’s will be representing King County Parks and will be filing a Notice of Appearance and would like to request pre-hearing conference per Section 4.8.110.E.2 of the city code. We are in the process of preparing a list of witnesses and exhibits but due to witness availability we would like to request an extension of time. Please let us know if an extension of time is possible. We appreciate your attention to this matter. Patty Ruiz Real Property Agent IV King County Department of Natural Resources and Parks E: paruiz@kingcounty.gov T: 206-263-2273 From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Thursday, January 20, 2022 3:15 PM To: Ruiz, Patricia <paruiz@kingcounty.gov> Cc: Cynthia Moya <CMoya@rentonwa.gov>; Overton, Frank <Frank.Overton@kingcounty.gov>; Bull, Trishah <Trishah.Bull@kingcounty.gov>; Jill Ding <JDing@rentonwa.gov>; Alex Morganroth <AMorganroth@rentonwa.gov>; Angelea Weihs <AWeihs@rentonwa.gov>; Jason Seth <JSeth@rentonwa.gov>; Jennifer Cisneros <JCisneros@rentonwa.gov>; Patrice Kent <PKent@rentonwa.gov>; Shane Moloney <SMoloney@rentonwa.gov>; Vanessa Dolbee <VDolbee@rentonwa.gov>; marlene@marlenewinter.com; kennydaltown@gmail.com Subject: Re: Appeal to HEX - Leighton Administrative Setback Variance (LUA21- 00237, V-A -- Witness/Exhibit List [EXTERNAL Email Notice! ] External communication is important to us. Be cautious of phishing attempts. Do not click or open suspicious links or attachments. Hello Parties, I serve as the Hearing Examiner that will be hearing the King County/Leighton appeal. Do the parties wish to have an order requiring an exchange of witness and exhibits lists? The order would require that each of the parties submit a witness/exhibit list about a week in advance of the hearing. The lists would identify all witnesses and exhibits that would be presented at the hearing. Concurrently with exchange of the witness/exhibit lists, the parties would also be required to exchange exhibits (preferably by email). On Wed, Jan 19, 2022 at 11:58 AM Ruiz, Patricia <paruiz@kingcounty.gov> wrote: Thank you Cynthia. We will be present on the Zoom call. Patty Ruiz Real Property Agent IV King County Department of Natural Resources and Parks E: paruiz@kingcounty.gov T: 206-263-2273 From: Cynthia Moya <CMoya@Rentonwa.gov> Sent: Wednesday, January 19, 2022 11:18 AM To: Ruiz, Patricia <paruiz@kingcounty.gov>; Overton, Frank <Frank.Overton@kingcounty.gov>; Bull, Trishah <Trishah.Bull@kingcounty.gov> Cc: Phil Olbrechts <olbrechtslaw@gmail.com>; Jill Ding <JDing@Rentonwa.gov>; Alex Morganroth <AMorganroth@Rentonwa.gov>; Angelea Weihs <AWeihs@Rentonwa.gov>; Brianne Bannwarth <BBannwarth@Rentonwa.gov>; Chip Vincent <CVincent@Rentonwa.gov>; Clark Close <CClose@Rentonwa.gov>; Jason Seth <JSeth@Rentonwa.gov>; Jennifer Cisneros <JCisneros@Rentonwa.gov>; Judith Subia <JSubia@Rentonwa.gov>; Margarette Bravo <MBravo@rentonwa.gov>; Matthew Herrera <MHerrera@Rentonwa.gov>; Patrice Kent <PKent@rentonwa.gov>; Robert Shuey <RShuey@Rentonwa.gov>; Shane Moloney <SMoloney@Rentonwa.gov>; Vanessa Dolbee <VDolbee@Rentonwa.gov>; marlene@marlenewinter.com; kennydaltown@gmail.com Subject: FW: Appeal to HEX - Leighton Administrative Setback Variance (LUA21- 00237, V-A [EXTERNAL Email Notice! ] External communication is important to us. Be cautious of phishing attempts. Do not click or open suspicious links or attachments. Patty Ruiz, Please reply back so I know if you have received this email. This email is setting your Appeal to the Hearing Examiner hearing regarding Leighton Administrative Setback Variance for February 8, 2022 at 10 am. I have attached the Zoom Calendar Item as well as your appeal. If your case is called and you are not present, your appeal may be automatically denied. If you do not plan to attend or have any questions, please contact Cindy Moya at cmoya@rentonwa.gov in advance of the hearing date. I have send this notice to 5 parties of record. Below is a Party of Record List: Thank you, Cindy Moya, City Clerk Specialist City of Renton – Office of the City Clerk cmoya@rentonwa.gov 425-430-6513