HomeMy WebLinkAboutWilson Park 1, Request for Extension of Plat Expiration - Reconsideration1
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PLAT EXTENSION REQUEST - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Wilson Park 1
Request for Extension of Plat
Expiration
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FINAL DECISION UPON
RECONSIDERATION
The City’s motion for reconsideration is granted and the final decision on the Wilson’s
request for extension of plat alteration is modified to remove the three month extension authorized
in the Examiner’s June 27, 2018 final decision on the extension request. The Wilson’s plat shall
expire on August 16, 2018.
As background, the Wilson’s filed a request on May 3, 2018 to extend the expiration period
of the Wilson Park I subdivision. At the time of the request, the Wilson Park I subdivision was due
to expire on August 16, 2018 and the Wilsons requested extension of the expiration to July 5, 2019.
By decision dated June 27, 2018 the Examiner found no unusual circumstances to justify the
requested extension, but agreed to extend expiration for an additional three months to November 16,
2018 in order to mitigate against any delays caused by the decision making process on the Wilson’s
May 3, 2018 request to extend expiration. The City requested reconsideration of the three month
extension on July 2, 2018. The Wilsons responded to the request on July 9, 2018 and the City
replied on July 11, 2018.
The Examiner’s authorization of a three-month extension was largely based upon presumed
consent from the City and Wilsons that the extension would constitute a reasonable means of
mitigating any delay prejudice the Wilsons may have encountered during the pendency of the
Wilson’s extension request. However, the Examiner erred in his presumption that the City would
find such an extension reasonable. The City’s position is harsh but fair, as the Wilsons have
essentially benefitted from an arguable gap in the City’s development standards that enabled them to
acquire approval of retaining walls at a height that was not compatible with community aesthetics.
The three month extension also would enable the Wilsons to construct their development to
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PLAT EXTENSION REQUEST - 2
numerous other development standards that are outdated by several years as well. The uncertainties
that underly the time in waiting for a plat extension decision certainly can cause additional delays in
the construction and planning of a project, but there was nothing unusual about the delays in this
extension request that would distinguish the request from any other. The reconsideration process
added a little further delay, but the delay overall was minimal as a reconsideration decision was
expeditiously issued by the Examiner. Approval of a three month extension solely because of the
extension request review process under these circumstances would set a precedent for automatic
three month expansion of all extension requests, which was not contemplated in the City’s code1.
DATED this 15th day of July, 2018.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
The RMC does not identify whether a hearing examiner decision on plat expiration requests is
appealable to the City Council. If the Wilsons wish to appeal, they should consult with their
attorney and the City’s Planning Department to ascertain their appeal rights. In the absence of
clear appeal rights, a common strategy is to appeal both administratively (in this case the City
Council) and judicially (under the Land Use Petition Act, Chapter 36.70C RCW). City Council
appeals must be filed within 14 days of the issuance of this decision and judicial appeals must be
filed within 21 days of the issuance of this decision. A request for reconsideration to the hearing
examiner may also be filed as outlined in RMC 4-8-100(I).
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
1 It is also noteworthy that as far as the Examiner can recall, he hasn’t been presented with any other plat extension
request in the seven years he has served as Renton’s examiner. Consequently, the Wilsons are not being treated
differently by the Examiner from any other applicant that has requested an extension request.