HomeMy WebLinkAboutWA State Dept. of Transportation, Noise Variance - Request for Extension1
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Noise Variance - 1
CAO VARIANCE - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: WA State Dept. of Transportation
Noise Variance
LUA15-000036, VAR
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REQUEST FOR EXTENSION
By decision dated March 10, 2015, the applicant was issued approval of the above-captioned case for a
variance to the City’s noise standards in order to make required improvements to SR 900 between mile
post 6.66 and mile post 9.87 over 34 nonconsecutive nights from June 1, 2015 to Dece mber 31, 2015.
By letter dated September 14, 2015, the applicant requested that the dates authorized for exceeding noise
standards be changed to January 1, 2016 through December 31, 2016. The request is denied. There is
no Renton code provision that authorizes the hearing examiner to modify the terms of a variance decision
after it has been issued. Although authorization to make minor corrections and clarifications may be
implied, the requested extension is neither a minor correction nor clarification. The approved variance
was submitted to the City and advertised to the public as a request to deviate from noise standards
between June 1, 2015 and December 31, 2015. The Renton Municipal Code places significant emphasis
upon providing notice to all affected property owners of noise variance requests. See RMC 8 -7-8(C). It
is recognized that no one appeared to testify at the hearing on the original variance application.
However, extending the expiration date by a year and extending the variance period from six months to a
year is a significant and fundamental change to the variance request. It is reasonable to conclude that
these changes in the proposal may affect residents differently than the original variance request. The
affected area is more than three miles long and presumably involves a large number of people. Some of
the affected parcels may even have changed ownership since the original request was approved more than
six months ago. Another public hearing involving the notice required by RMC 8 -8-8(C) must be held
before the requested modifications can be considered.
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Noise Variance - 2
CAO VARIANCE - 2
DATED this 17th day of September, 2015.
City of Renton Hearing Examiner