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HomeMy WebLinkAboutKinkade Crossing Request for Reconsideration Decision BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON Emily Terrell, Hearing Examiner Pro Tem RE: Kinkade Crossing Plat Preliminary Plat LUA15-000695, ECF, PP ORDER ON REQUEST FOR RECONSIDERATION Requestor: City of Renton, WA INTRODUCTION PK Enterprises received Preliminary Plat approval from the City of Renton on January 5, 2016 for a 17 lot residential subdivision. On January 13, 2016, the City of Renton filed a request for reconsideration toward modification of Condition of Approval #8. The City argued the condition prematurely granted the applicant a modification to RMC 4-6-060J without a formal application for the modification pursuant to MCC 4-6-060Q.1. The City further argues the examiner failed to provide adequate justification for allowing Lot 13 to access either the alley or Road A (RMC 4-7-150E.5). The City’s request for reconsideration is granted. DISCUSSION The Final Decision of the above-captioned matter grants a modification to RMC 4-6- 060J based on the City’s testimony demonstrating a willingness to support such a modification. The City’s argument that a formal application for a modification pursuant to MCC 4-6-060Q.1 is required prior to approval of said modification is correct. The City also correctly argues that the examiner failed to justify properly the approval of the applicant’s requested modification to RMC 4-7-150E.5 with respect to access to Lot 13. The applicant did not provide a formal modification request for this decision and there is nothing in the record to indicate Lot 13 cannot be safely accessed via the alley. Street access is not required. Kinkade Crossing Preliminary Plat p. 2 Decision on Reconsideration 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 The examiner issued an order on January 18, 2016 allowing the applicant until February 5, 2016 to comment on the City’s Request for Reconsideration. The applicant did not provide comment. Condition #8 of the Final Decision is modified as follows: 8. Lots 1413-17 shall gain vehicular access to their respective lots off the alley. Lots 1 and 2 shall may gain access from a shared driveway, if a shared driveway modification is approved by the City. Lot 13 may be accessed via either Road A or the alley. This shall be noted on the face of the plat. A final road plan shall be submitted to and approved by the City of Renton Current Planning Project Manager prior to issuance a construction permit. Dated this 9th day of February, 2016. _______________________________ Emily Terrell, AICP City of Renton Hearing Examiner Pro Tem Appeal Right and Valuation Notices RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner’s decision to be filed within fourteen (14) calendar days from the date of the hearing examiner’s decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4- 8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall – 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.