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HomeMy WebLinkAboutSeattle Public Utilities, Conditional Use Permit Extension Request1 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 CONDITIONAL USE extension 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Seattle Public Utilities Conditional Use Permit Extension Request LUA08-018 ) ) ) ) ) ) ) ) ) FINAL DECISION Summary The applicant has requested a ten year extension to the five year expiration period of a conditional use permit authorizing a temporary Sockeye salmon collection facility on the Cedar River. The decision only authorized the operation of the collection facility for five years and also authorized the hearing examiner to extend the expiration period for an additional five years upon request by the applicant. The conditional use permit is extended an additional five years. If staff approves a revision to the conditional use permit authorizing the examiner to extend the facility for ten years instead of five, the extension is granted for ten years. Testimony No public hearing is required for the conditional use permit. Exhibits Ex. 1: 6/21/13 Memo from Vanessa Dolbee to Phil Olbrechts Ex. 2: Extension Request dated May 15, 2013 Ex. 3: 4/29/13 email from Ronald Straka to Vanessa Dolbee Ex. 4: 5/22/13 memo from Leslie Betlach to Vanessa Dolbee Ex. 5: 8/21/08 Examiner Decision; LUA 08-018 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 CONDITIONAL USE extension 2 FINDINGS OF FACT Procedural: 1. Applicant. Seattle Public Utilities. 2. Hearing. No hearing was held or required. Substantive: 3. Project Description. The applicant has requested a ten year extension to the five year expiration period of a conditional use permit (LUA08-018) authorizing a temporary Sockeye salmon collection facility on mile 1.7 of the Cedar River. The decision only authorized the operation of the collection facility for five years and also authorized the hearing examiner to extend the expirati on period for an additional five years upon request by the applicant. 4. Adverse Impacts. As conditioned by this decision, there are no significant adverse impacts associated with the requested extension request. As noted at COL No. 26 of the examiner conditional use decision, there are no nearby residential uses that are affected by the proposal. The decision does not identify any adverse impacts of the proposal and identifies that the proposal overall helps protect and enhances Sockeye salmon runs that are otherwise damaged by dam facilities operated by the applicant. The Renton Community Services Department has noted that the applicant has done an “outstanding” job operating and maintaining the collection facility, that the applicant has used the facility to provide educational services to the public on Sockeye salmon and that the applicant has been responsive and considerate to City needs. Ex. 4. The Community Services Department has requested that the yearly weir installation date for the project be changed from September 9 to three days after Labor Day. The Renton Surface Water Utility has requested that the extension be conditioned on compliance with the conditions of approval of the conditional use permit and also a memorandum of understanding that apparently applies to the facilities use of City property. Ex. 3. The applicant has expressed no objection to the conditions recommended by the Community Services and the Surface Water Utility. The recommended conditions will be made conditions of approval. Conclusions of Law 1. Authority. Condition No. 5 of the conditional use permit decision (Ex. 5) authorizes the “decision maker” to extend the expiration period of the authorized use an additional five years if a written request for extension is filed prior expiration. The conditional use permit expires August 21, 2013. The applicant’s extension request was filed prior to this expiration date, on June 4, 2013 (Ex. 2). 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 CONDITIONAL USE extension 3 2. Criteria. The conditional use permit decision does not expressly identify any criteria that should be applied to an extension request. The extension will be granted if it does not create any significant adverse impacts, since that is essentially the basis for approving the original conditional use permit application. As determined in FOF No. 4 herein, the proposal does not create any significant adverse impacts if the conditions recommended by staff are implemented. Consequently, the extension will be approved subject to the conditions recommended by staff. 3. Ten Year Extension. The applicant has requested a ten year extension of the conditional use permit. Condition No. 5 of the conditional use permit only authorizes the hearing examiner to extend the permit five years. The hearing examiner has no authority to revise this condition to add another five years. However, planning staff has the authority to make minor revisions to the conditional use permit under RMC 4-9-030(G)(2). Consequently, if staff approves a change in the extension period of Condition No. 5 from five to ten years, this decision should be construed as authorizing a ten year extension. DECISION A five year extension to the conditional use decision, Ex. 5, along with all of the conditions that apply thereto, is hereby approved, subject to the following: 1. The yearly weir installation date shall be three days after Labor Day. 2. The memorandum of understanding approved as CAG-10-092 shall apply to the extended period of the conditional use permit, as now or hereafter amended. 3. This five year extension shall be extended to 10 years, if a minor revision to Condition No. 5 of the decision is approved by staff under RMC 4-9-030(G) that changes the extension period that can be authorized by the examiner from five to ten years. DATED this 10th day of July, 2013. City of Renton Hearing Examiner 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 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 CONDITIONAL USE extension 4 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.