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HomeMy WebLinkAboutWalitier Lt2Iq'RDenis Law Mayor City Clerk - Jason A. Seth, CIVIC October 30, 2018 Jamie Waltier Harbour Homes, LLC. 400 N 34th St, Suite 300 Seattle, WA 98103 Subject: HEX's Final Decision upon Reconsideration RE: Cedars at the Highlands Preliminary Plat (LUA-17-000189) Dear Mr. Waltier: Enclosed please find the Hearing Examiner's Final Decision upon Reconsideration dated October 30, 2018. Along with Mr. Smith's letter (received at the City on: 10/19/2018) asking for a reconsideration. I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you. Sincerely, //4Jason A. Seth, CIVIC City Clerk cc: Hearing Examiner Alex Morganroth, Associate Planner Jennifer Henning, Planning Director Brianne Bannwarth, Development Engineering Manager Craig Burnell, Building Official Kyle Wunderlin, Planning Technician Julia Medzegian, City Council Liaison Shane Moloney, City Attorney Leslie Clark, Senior Assistant City Attorney Parties of Record (7) 1055 South Grady Way, Renton, WA 98057 - (425) 430-6510 / Fax (425) 430-6516 - rentonwa.gov I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Cedars at the Highlands Preliminary Plat, Street Modification, Tier 2 Temporary Use Permit LUA17-000189, PP, MOD, TUP FINAL DECISION UPON RECONSIDERATION Gerald Smith, owner of the property subject to the above -captioned applications, filed a request for reconsideration with the City Clerk on October 19, 2018. Mr. Smith requests a reconsideration of the wetland buffers imposed for his property. The wetland buffer requirements were addressed in detail in the Final Decision issued for the above -captioned applications on October 2, 2018. Mr. Smith didn't raise any arguments that he didn't already raise in the hearing held for the October 2, 2018 decision. He instead focuses upon the fact that the wetland buffers imposed by the October 2, 2018 decision may result in the loss of one of the lots proposed by the subdivision application. The Renton Municipal Code does not authorize the reduction of buffer widths beyond the 25% reduction already granted to the project in the absence of a reasonable use request (or perhaps a variance if applicable). The request for reconsideration is denied.. The October 2, 2018 issuance date for the Final Decision of the above -captioned application is extended to the issuance date of this Final Decision Upon Reconsideration for purposes of appeal as required to accommodate Mr. Smith's request for reconsideration. DATED this 30th day of October, 2018. DECISION UPON RECONSIDERATION - 1 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 26 Phi A.Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices As consolidated, RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III applications subject to closed record appeal to the City of Renton City Council. Appeals of the hearing examiner's decision must be filed within fourteen (14) calendar days from the date of the decision. No additional requests for reconsideration are authorized. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. DECISION UPON RECONSIDERATION - 2 CITY OF RENTON PHIL A. OLBRECHTS CEDAR AT HIGHLANDS LUA-17-000189 OCT 19 2018 RENTON HEARING EXAMINER RECEIVED CITY CLERK'S OFFICE I DID EXPECT YOU TO AGREE WITH MR. MORGENROTH. AFTER ALL IT'S THE LAW. THAT'S WHAT HE TOLD ME EVERY TIME I ASKED HIM WHY. HIS GOAL IS TO IMPLEMENT THE LAW NO MATTER HOW IT AFFECTS OTHERS. MR. MORGANROTH STATED THAT THE 75 FOOT SETBACK WOULD NOT EQUAL ANOTHER BUILDING LOT. HE IS IN ERROR. THE FOLLOWING INCLUDES THE SET BACK FROM MY CLASS 3 WETLAND AND SETBACK FROM MINDY'S CLASS 2 WETLANDS. THE EXTRA 25 FOOT IS EQUAL TO 7500 SQUARE FEET PLUS THE 3000 SQUARE FEET HARBOR HOMES GAVE TO ME FROM THE NEW PLOT WOULD MAKE ONE MORE LOT OR THEY COULD HAVE PUT THEIR POND ABOVE GROUND SAVING THEM $100,000 ADDITIONAL COST TO MAKE A VAULT. THE ORIGINAL PLOT SUBMITTED WAS A MODEL DEVELOPMENT WITH THE POND ABOVE GROUND. ALSO THE POND WAS NOT NEAR THE WETLAND.THAT ADDITIONAL 25 FOOT DOES NOTHING TO HELP THE WET LAND. IT TAKES GOOD BUILDABLE LAND FROM ME AND HARBOR HOMES.THE SLOPED WETLAND IS WITH IN THE 50 FOOT SETBACK. WHEN THE ORIGINAL ECOLOGY REPORT WAS MADE THE WET LAND WAS PROBABLY THE SAME ON MINDY'S AND MY SIDE OF THE FENCE. THE SECOND ECOLOGY REPORT HAD MINDY'S POND DUMPING WATER IN MY DITCH FOR SOME TIME.YOU NEED TO TAKE RESPONSIBILITY FOR CHANGING THE WET LANDS ON MY PROPERTY AND REMOVE MINDY'S POND WATER FROM MY PROPERTY AND ROUTE IT TO 162TH LIKE IT SHOULD HAVE BEEN DONE IN THE FIRST PLACE. I WOULD HOPE YOU TAKE ONE LAST LOOK BECAUSE YOU COULD BUILD ANOTHER HOUSE OR PUT THE POND ABOVE GROUND AND THAT EXTRA 25 FEET DOES NOTHING FOR THE WET LAND. WHY WOULD I NEED A 75 FOOT SETBACK FROM MINDY'S CLASS TWO WET LANDS? " OH " I ALMOST FORGOT "QUOTE" FROM MR. MORGANROTH IT'S THE LAW. IF YOU CAN CUTBACK THE 100 FT SET BACK TO 75 FT FOR MY WETLANDS THEN FOR MINDY'S SET BACK YOU COULD CUT IT TO 50 FROM 75. I HAVE OWNED AND RESPECTED THE WETLAND FOR 38 YEARS. LOOKS LIKE I WILL CONTINUE TO OWN IT FOR YEARS TO COME. I WILL NOT HAVE MY BARN ON HALF MY PROPERTY AND HALF YOUR WETLANDS. I WILL RETAIN OWNERSHIP OF TRACK B. NO PLANTS,TREES OR WHAT EVER WILL BE PLANTED IN THE WETLAND. IT WILL REMAIN AS IT IS TODAY. � 011711 /GERALD SMITH