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HomeMy WebLinkAboutDecision & letter Armondo Pavone % Mayor +' FN?0� City Clerk Jason A.Seth,MMC September 2, 2020 SENT BY EMAIL AND REGULAR MAIL TO ALL PARTIES OF RECORD Rob Thomas, WSDOT 600 108th Av NE Ste 405 Bellevue,WA 98004 Email: thomasr@wsdot.wa.gov Subject: Hearing Examiner's Final Decision RE: 1-405 Renton to Bellevue—Express Toll Lanes Project- LUA-20-000147 Dear Mr. Thomas: Enclosed please find the Hearing Examiner's Final Decision dated September 1, 2020. Also, this document is immediately available on our website: • If you go to: Rentonwa.gov; "How do I"; Hearing Examiner (under Contact); "Decisions"; "Land Use Decision". The Decisions are filed by year and then alphabetical order by project name. I can be reached at (425) 430-6510 orjseth@rentonwa.gov. Thank you. Sincerely, p,,rA Jason A. Seth, CMC City Clerk cc: Hearing Examiner Clark Close Senior Planner Vanessa Dolbee, Planning Director Brianne Bannwarth, Development Engineering Manager Robert Shuey, Building Official Jennifer Cisneros, Planning Technician Julia Medzegian,City Council Liaison Parties of Record(7) 1055 South Grady Way,Renton,WA 98057 • 425-430-6510 • Fax 425-430-6516 • rentonwa.gov 1 2 3 4 • 5 6 7 8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 9 ) 10 RE: I-405 Renton to Bellevue— ) Express Toll Lanes Project FINAL DECISION Il ) 12 Noise Variance ) ) 13 LUA20-000147, V-H ) ) 14 15 Summary 16 The Washington State Department of Transportation("WSDOT")has applied for a noise variance from 17 RMC 8-7-2 in order to widen I-405 through Renton by a single lane in each direction, make improvements at the NE 44th-St interchange, replace the May Creek Bridge, and correct fish passage 18 barriers across I-405 in the vicinity of Exit 7. Approximately 500 to 600 nights of non-consecutive nighttime work would be required between now and the completion of the project, anticipated to be 19 December 31, 2024. The variance is approved subject to conditions. 20 Testimony 21 Clark Close, Senior Planner for the City of Renton described the project. WSDOT requested a noise 22 variance from RMC 8-7-2 to widen I-405 by one lane throughout Renton. They are asking for 500-600 nights of non-consecutive nighttime work over a period of the next 3.5 years. Work will be conducted 23 in the existing right of way. WAC 173-60-040 sets maximum permissible noise levels between 10 pm and 7 am and by classification of the receiving properties. The levels may be exceeded during short 24 durations. Many pieces of construction equipment will exceed the maximum permissible noise levels. Equipment is listed in Ex. 6. Noise will not be concentrated at any one location for more than two 25 weeks at a time. Residents will hear construction sounds. This will be mitigated by topography, noise 26 walls and distance. WSDOT plans to reduce noise level spikes through various mitigation measures pursuant to RMC 8-7-8.D.4 (Ex. 1, FOF 9D). Staff has received comments on the variance request. Noise Variance 1 1 These comments are related to noises,tree cutting,property values,sound walls,noise mitigation,ROW 2 acquisition, window replacement, funding, timing, lost income, hotel vouches or cash compensation. There will be notification and the ability to express specific requests. WSDOT will provide hotel 3 vouchers, ear plugs and white noise machines. Staff recommends approval subject to conditions. 4 Ms.Laura Musso-Escude, WSDOT representative stated WSDOT is asking for a variance for nighttime 5 work for 500-600 nights within a 3.5-year period. There will be construction in specific locations, not the entire stretch at a time. Noise will be sporadic as the sequence of construction demands. No 6 neighborhood will be impacted heavily for long periods of time. Some neighborhoods will be impacted heavily for a short period of time. They will work with these neighborhoods to mitigate the impact. 7 With respect to the notification,they will mail, tweet, post the information on the website and to other 8 social media outlets to notify residents of progress and upcoming construction. The timing is variable because of weather dependent issues and the COVID-19 phases. The plan is to provide as much 9 information as possible in as many venues as possible of what's coming, what the impact will be and how to ask for mitigation. 10 In response to the examiner, Ms. Musso-Escude stated there will be noise at each location for various 11 amounts of time. They can't say how loud it will be for exactly how long or how often in each location. 12 Each work activity lasts about two weeks but there are a sequence of activities. Some places will hear noise for more than two weeks, but the noise types will change as the project progresses through the 13 phases. Ms. Musso-Escude stated the highest noise decibels will occur during sheet pile driving, but that should be restricted to daytime work unless the lanes must be closed,which would happen at night. 14 The next noisiest activity is the demolition of existing structures. Some aerial structures will be removed. The nighttime work will shorten the overall duration of the project. 15 16 The examiner asked which properties will be the most affected. The areas with the most noise will be within the freeway itself. Some of the noise will blend with the existing traffic. WSDOT will provide 17 hotel vouchers for residents but not for commercial uses. An Airbnb is considered a commercial use, therefore the WSDOT cannot use public funds to reimburse the business owner. That said, WSDOT 18 will try to give them the schedule so they know when to leave rooms empty near the project. For residents, they offer white noise machines or ear plugs. If noise is unbearable, they provide temporary 19 hotel vouchers for the duration of the work in that area. 20 Ms. Musso-Escude clarified the staff report to describe the noise monitoring process. 21 Gina Custer lives on Renton Hill by City Hall. She lived through the Renton Exchange. Sound carries 22 up the hill from downtown Renton horribly. She will not use earplugs. She needs accommodation for hotels that take animals. Last time no one ever answered the phone, and no one ever got back with 23 them. She is not okay with this. 24 Ms. Musso-Escude stated they try to reach as many residents as possible. They have a contractor 25 providing flyers within a certain radius. They propose to work with the City in their noise monitoring to ensure that noise complaints are timely addressed. They have an extensive outreach program. They 26 will individually contact Ms. Custer. Noise Variance 2 1 Ms. Custer noted no one answers in the middle of the night when noise is occurring. 2 Ms. Musso-Escude stated the answering service is supposed to answer at night. The answering service 3 is supposed to call the inspector. The inspector is not always able to answer. They are willing to re- 4 work this during the monitoring plan. 5 In response to the Examiner,Ms.Musso-Escude stated they've been able to accommodate the pet issue, but they first have to go through the Office of Financial Services. The monitoring plan will consist of 6 a protocol about providing white noise machines or ear plugs and then temporary hotel vouchers.They have a policy. The noise monitoring plan is done in response to complaints. They recommend 7 . addressing complaints immediately. 8 Ms. Musso-Escude stated for this variance they are asking for 600 nights over a period of four years. It 9 may take longer due to weather delays and on-going COVID mitigation measures. They are asking to be allowed to apply for additional nights if needed. 10 Exhibits 11 12 The nine exhibits identified at page 2 of the Staff Report were admitted into the record during the hearing. In addition, the staff power point was admitted as Exhibit 10, City of Renton COR maps of 13 the site as Ex. 11 and Google Maps of the site as Ex. 12. 14 Findings of Fact 15 Procedural: 16 1. Applicant. WSDOT, Robert Thomas, 600 108`h Avenue NE, St. 405, Bellevue, WA 98004 17 18 2. Hearing. A virtual hearing was held on the subject application on August 18, 2020 at 11:00 am in the City of Renton, Zoom Meeting ID No. 839 7367 5959. 19 Substantive: 20 21 3. Project Description. ("WSDOT") has applied for a noise variance from RMC 8-7-2 RMC 8-7-2 (Noise Level Regulations, Maximum Environmental Noise Levels)to widen I-405 through Renton by a 22 single lane in each direction, make improvements at the NE 44th St interchange, replace the May Creek Bridge, and correct fish passage barriers across I-405 in the vicinity of Exit 7. The I-405 Renton to 23 Bellevue widening and Express Toll Lanes project seeks to address capacity and mobility improvements to the public and users. Approximately 500 to 600 nights of non-consecutive nighttime work would be 24 required between now and the completion of the project, anticipated to be December 31, 2024. The 25 primary reason for conducting nighttime work is to minimize daytime traffic congestion along the I-405 corridor. 26 A variance from RMC 8-7-2 is necessary to conduct the nighttime work, as maximum permissible Noise Variance 3 1 environmental noise levels (per WAC 173-60-040, incorporated by reference in RMC 8-7) limit 2 extended periods of noise from 10:00 pm to 7:00 am to levels between 45 dBA and 60 dBA, with exceedances of 5 to 15 dBA permitted for periods of 1.5 to 15 minutes in any one-hour period (WAC 3 173-60-040). Some of the noisiest pieces of equipment that would be utilized include a forklift, 4 jackhammer, excavator, concrete saw, milling machine, compactor, and concrete pump truck. 5 Noise levels resulting from project construction activities are expected to generate peak noise levels of 61 to 98 dBA heard at 50 feet from the source of the noise.These sound levels are expected to diminish 6 to a range of 45 to 83 decibels at a distance of 300 feet from the source of the noise and nighttime noise levels are not expected to be concentrated at one location for more than two (2) weeks at a time. A 7 variance from RMC 8-7-2 is necessary in order to conduct the nighttime work,as maximum permissible 8 environmental noise levels (per WAC 173-60-040, incorporated by reference in RMC 8-7) limit extended periods of noise from 10:00 pm to 7:00 am to levels between 45 dBA and 60 dBA, with 9 exceedances of 5 to 15 dBA permitted for periods of 1.5 to 15 minutes in any one-hour period (WAC 173-60-040). Some of the noisiest pieces of equipment that would be utilized include a forklift, 10 jackhammer, excavator, concrete saw, milling machine, compactor, and concrete pump truck (Exhibit 6). 11 12 3. Neighborhood Characteristics.The drilling will occur within hearing distances of areas abutting I-405 in Renton that are zoned residential, industrial and commercial. The most directly affected 13 properties are identified in the aerial photograph admitted as Ex. 3. 14 5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as reasonably practicable and should not substantially adversely affect any single residential occupant. Though the 15 same area may experience multiple episodes of nighttime noise as the project progresses through 16 phases, no one area is expected to be impacted for more than two consecutive weeks at a time. 17 WSDOT posted and mailed a notice to residents within 300 feet of the project corridor. The City received three public comments prior to the hearing regarding noise impacts(Ex. 1H.6). One comment, 18 from Jody Balmer(Ex. 9), concerned lost rental income. During the hearing, Ms. Musso-Escude stated that rental income is considered commercial. WSDOT only provides noise mitigation for residential 19 uses.However,they will attempt to contact the commercial owners so that they know when the impacts 20 are likely to occur and can make appropriate provisions.Ms. Custer stated in her testimony that she has lived in the area and was impacted by the prior Renton project,the Renton Exchange project. She stated 21 the noise was very loud and that no one answered the WSDOT contact line. Additionally, no one ever followed up with her concerns. 22 WSDOT contends that with its proposed mitigation the noise levels will not be perceived as 23 significantly more than the existing background noise of I-405. WSDOT will provide advance notice 24 to affected property owners of the construction work along with a complaint number should the noise still be a problem. In a worst case, WSDOT will provide hotel accommodations if no other noise 25 prevention mitigation proves effective. Ms. Custer noted that her previous experience with WSDOT suggested that no one would receive or follow up with her complaints. She also stated she needed hotel 26 accommodation for her two pets. WSDOT representative Musso-Escude stated WSDOT has worked with residents on hotel vouchers, including for service dogs, but she wasn't aware of specifically Noise Variance 4 1 working with residents to ensure hotels would accept their pets. Further, Ms. Musso-Escude stated 2 WSDOT intends to be responsive and will work with the City on a migration plan. In addition to the mitigation measures within Ex. 7, a condition of approval will require WSDOT to provide hotel 3 vouchers for anyone that asks for them the day after the nighttime noise complaint and for the duration 4 of the expected high noise level impacts for that phase of the project. 5 The reason that WSDOT concluded that potentially affected resident's should not perceive an appreciable increase in freeway background noise is because of distance from the proposed project 6 activities to the residences and intervening structures and topography. WSDOT contends that the sound generated from the construction work will decrease by 6-dBA with every doubling of the distance from 7 a stationary noise source. For example, a noise level of 70 dBA measured at 50 feet would be 64 dBA at 100 feet, 58 dBA at 200 feet and 52 dBA at 400 feet. In addition, noise also decreases if an object 8 interferes with the receiver's line of sight to the noise source. Therefore, residents along the 1-405 9 Corridor would perceive construction sounds at various decibel levels due to varying distances, topography (berms or elevations changes), and other features (noise wall) that break the line of sight. 10 For example, sound attenuation for residents of Renton Hills and May Creek could perceive a lower level of noise due to homes being located behind an embankment or behind a structure that would not 11 have a direct line of sight. 12 Noise levels projected for this project have been estimated to generate peak noise levels of 61 to 98 13 dBA heard at 50 feet. Background traffic noise levels on I-405 reach approximate average noise levels up to 73 dBA during the daytime at 50 feet from the travel lane with a reduction to 68 dBA due to lower 14 average traffic at night. When distance is incorporated into the assessment as well as topography and the proposed mitigation measures, WSDOT estimates that the nearest residences will not notice the 15 night-time work taking place at the site investigation sites. 16 The project will be conducted by Flatiron-Lane Joint Venture (FLJV), the design builder awarded the 17 contract for the project. WSDOT has proposed several noise mitigation measures to lower the risk of any noise "spikes" that could be noticed by residents. WSDOT has proposed a series of mitigation 18 measures. These measures are adopted as Conditions of Approval for this Decision as follows: 19 1. Provide a WSDOT/FLJV complaint number as well as a list of designated contact persons for 20 the purpose of forwarding complaints. WSDOT/FLJV shall respond to any notified resident if during the notification process the residents requires special accommodations in the Renton Hill 21 area or any area where demolition would occur at night. WSDOT/FLJV shall implement nighttime noise monitoring in all other areas if confirmed complaints are received. 22 2. WSDOT/FLJV shall limit noise levels to the greatest extent practicable. Noise levels shall not 23 exceed those described in the application materials. 24 3. WSDOT/FLJV shall utilize equipment as described in the noise variance application (Exhibit 25 6). Truck tailgate banging is prohibited. All trucks shall be secured to prevent excessive noise from banging. All trucks performing export haul shall have well maintained bed liners as 26 inspected and approved by the Engineer. Noise Variance 5 1 4. All trucks shall be equipped with broadband backup alarms. In addition,all alarms shall operate 2 under Occupational Safety and Health Administration(OSHA), Labor& Industries (L&I)rules and regulations, Washington Administrative Code (WAC), and the Revised Code of 3 Washington (RCW). 4 5. WSDOT/FLJV shall use temporary noise shields whenever feasible and when they are not a 5 safety risk to I-405 users and workers. 6 6. Night work shall only occur Monday thru Friday night starting when the variance is approved, with an expiration date of December 31, 2024. In addition, WSDOT/FLJV shall adhere to 7 specific times and days, as required by noise variance conditions. 8 7. WSDOT/FLJV personnel shall receive training and updates of the conditions under which this 9 variance was granted. WSDOT/FLJV shall implement nighttime noise monitoring if complaints are received, and monitoring reports shall be made available to the City to demonstrate 10 compliance. In addition, WSDOT shall develop noise mitigation plans as soon as the Design Builder completes the construction sequence at locations where residents would be impacted 11 due to some specific items of work that cannot be avoided to be performed at night. 12 8. WSDOT /FLJV shall notify, by US mail, residents within 300 feet of the sites ten (10) days 13 prior the night work commencement for each phase that may exceed nighttime noise thresholds. This notification shall include the type of work, as well as phone number or email to request 14 more information _including specific requests, concerns or complaints. Complaints shall be addressed within 24 hours or one business day. 15 16 9. WSDOT/FLJV shall pay for inspection services as required. 17 10. WSDOT/FLJV shall grant access to the site to City staff as required and as long as the City of Renton follows the security and safety protocol set forth by WSDOT/FLJV so they may access 18 the work zone. 19 11. WSDOT/FLJV shall provide hotel vouchers if earplugs and white noise machines are not 20 sufficient, as requested by effected residents prior to commencement of excessively noisy nighttime work or within 24 hours of receiving a complaint. 21 12. WSDOT/FLJV shall provide written verification prior to the first nighttime activity associated 22 with this variance. In addition, WSDOT/FLJV shall provide the City with an attendance sheet of workers that would participate in the night work. 23 24 13. Upon confirmation of the complaint or noise code violation,WSDOT is requesting that the City of Renton notify WSDOT by email or call within 24 hours of the violation occurrence. WSDOT 25 /FLJV understand that the City may revoke the variance if conditions are violated. 26 Noise Variance 6 1 Staff concurs that the applicant has proposed effective mitigation measures that would limit the impacts 2 on the Environmental Designation for Noise Abatement (EDNA)properties. The following additional Conditions of Approval are adopted for this Decision: 3 4 14. The Applicant and the Design Build Contractor shall implement the noise mitigation measures for granting a variance to diminish or eliminate noise during the Renton to Bellevue Express 5 Toll Lanes Project, as described in the project narrative (Exhibit 7). A summary of any noise- related complaints received, and the response provided shall be provided to the City's project 6 manager within one week of receiving the complaint. 7 15. The applicant shall post nighttime work on the WSDOT Web/Internet site so residents have 8 digital access to information that the City of Renton might see as appropriate. 9 As addressed in Conclusion of Law No. 6, RMC 8-7-8(D)(4) includes some suggested mitigation measures that have not been recommended in the staff report. The omitted mitigation measures are 10 code enforcement tools designed to facilitate staff oversight of compliance with noise mitigation measures, such as cash security for inspections, staff access to the project site and the right to revoke 11 the variance upon noncompliance. The mitigation measures from RMC 8-7-8.D.4 omitted from the 12 staff recommendation are not found necessary to further minimize impacts and therefore will not be imposed by this Decision. 13 6. Practical Difficulties and Special Circumstances. The variance is necessary to avoid daytime 14 I-405 closures that would cause significant traffic congestion that would likely spill over onto City streets. 15 16 According to the WSDOT, I-405 is a major part of the Puget Sound Transportation system. The I-405 Renton to Bellevue widening and Express Toll Lanes project will reduce severe congestion.The project 17 represents road widening and intersection improvements along the entire length of I-405 in the City of Renton. No alternative locations are possible. 18 WSDOT maintains that daytime closures, full or partial,to perform this work would have the potential 19 to worsen the already congested I-405 corridor.Furthermore if frustrated I-405 users encounter daytime 20 closures, there is a high risk that traffic would overflow onto city arterials and local streets increasing travel time of local residents, business and transit, and school bus drivers. In addition, WSDOT has 21 indicated that safety for drivers and construction workers improves when work is conducted at night. The requested variance would enable the project to be completed without exacerbating existing day 22 time congestion. 23 Conclusions of Law 24 1. Authority. Variances to RMC 8-7-2 in excess of two days in duration are subject to a public 25 hearing and Hearing Examiner review (RMC 8-7-8(A) and (C)). 26 2. Review Criteria. Variance criteria for variances to RMC 8-7-2 are governed by RMC 8-7-8(D). Noise Variance_ 7 1 RMC 8-7-8(D)(1): That the applicant suffers practical difficulties and unnecessary hardship and the 2 variance is necessary because of special circumstances applicable to the applicant's property or 3 project, and that the strict application of this Chapter will deprive the subject property owner or applicant of rights and privileges enjoyed by others. 4 3. The special circumstances are the proximity of I-405 to adjoining homes and the critical need 5 for night-time work to complete I-405 expansion. City and WSDOT staff have concluded that closing off sections of I-405 during daytime hours would severely and unacceptably increase congestion both 6 in the I-405 corridor and surrounding City streets. The project is required to reduce the severe 7 congestion on I-405 during daytime hours. Strict application of the City's noise regulations would deprive WSDOT of the ability to construct its development in a manner that is compatible with the 8 interests of the surrounding community. In this regard, strict adherence would deprive WSDOT of the rights other developers have to construct their projects in an environmentally responsible manner. 9 10 RMC 8-7-8(D)(2): That the granting of the variance will not be materially detrimental to the public health, welfare or safety, or unduly injurious to the'property or improvements in the vicinity of the 11 location for which this variance is sought. 12 4. As determined in Finding of Fact No. 5, as conditioned and mitigated, the noise impacts are 13 mitigated to the extent reasonably practicable under the circumstances and will be of relatively short duration by project phase. It is recognized that each residence may experience multiple periods of 14 nighttime noise over the course of the project as it progresses by phase. However, the duration of each 15 of these periods is short and should be spread out over the nearly four years of the project life. Ultimately,the mitigation measures require the applicant to provide hotel accommodations if the noise 16 proves too much for adjoining property owners. In this regard, beyond the temporary inconvenience of 17 relocation,the noise impacts are completely mitigated and as a result,the granting of the variance would not be considered materially detrimental to the public welfare or injurious to surrounding properties or 18 improvements. 19 RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the 20 desired purpose. 21 5. As outlined in Finding of Fact No. 5 and Conclusion of Law No. 4, the applicant has taken all measures it reasonably can to reduce noise impacts. As noted in Finding of Fact No. 6, the proposed 22 work must be done in night to avoid significant congestion impacts during the day on both I-405 and City streets. Since the Applicant has done everything it reasonably can to reduce noise impacts and 23 there is no feasible alternative to do the work during daytime hours, the variance is considered to be 24 the minimum variance that accomplishes WSDOT's objective of reducing I-405 congestion, 25 RMC 8-7-8(D)(4): That the variance contains such conditions deemed to be necessary to limit the impact of the variance on the residence or property owners impacted by the variance. The variance 26 approval may be subject to conditions including, but not limited to, the following: Noise Variance 8 1 a. Implementation of a noise monitoring program; 2 b. Maximum noise levels; c. Limitation on types of equipment and use of particular equipment; 3 d. Limitation on back-up beepers for equipment; e. Required use of noise shields or barriers; 4 f Restrictions to specific times and days; 5 g. Specific requirements for documentation of compliance with the noise variance conditions; 6 h. Specific requirements for notification to nearby residents; i. Required cash security to pay for inspection services to verify compliance; 7 j. Required access to the project by the City to verify compliance with the noise variance 8 conditions; k. Specific program to allow for temporary hotel vouchers to effected residents; 9 I. Requirements for written verification that all workers understand the noise variance conditions for the project; and 10 m. Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. 11 12 6. All mitigation measures identified above have been incorporated into the conditions imposed upon the variance request by this Decision except for g, i,j and m. The mitigation measures that have 13 not been adopted by this decision are code enforcement and inspection tools designed to facilitate staff oversight of the project. Deference is given to staff on this issue and the measures are not imposed. 14 15 RMC 8-7-8(D)(5): The importance of the services provided by the facility creating the noise and the other impacts caused to the public safety, health and welfare balanced against the harm to be suffered 16 by residents or property owners receiving the increased noise permitted under this variance. 17 7. As outlined in Finding of Fact No. 6, the need for the variance is critical to helping WSDOT 18 alleviate congestion in a significant transportation corridor and as outlined in Finding of Fact No. 5 the impacts to affected residences are temporary and have been fully mitigated. On balance, the noise 19 impacts to affected residents cannot be avoided given the need for the project. 20 RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed 21 use which will generate the noise. 22 8. As noted in Finding of Fact No. 6,the roadway widening and ramp improvements are necessary 23 to reduce severe congestion on I-405. There is no other alternative location these structures could be constructed. 24 RMC 8-7-8(D)(7): The extent by which the prescribed noise limitations will be exceeded by the 25 variance and the extent and duration of the variance. 26 • Noise Variance 9 1 9. The extent and duration of noise impacts do not appear to be significant. As noted in Finding 2 of Fact No. 5, noise levels produced by construction equipment is expected to range from 61 to 98 dBA 3 at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 45 to 83 dBA at a distance of 300 feet from the source of the noise. The applicant is proposing 4 a total of 600 non-consecutive nights to complete the work (up to December 31, 2024). The greatest 5 number of nights that any one residence will be exposed to noise exceeding nighttime standards will be fourteen nights per project phase. The same residence may experience multiple periods of increased 6 noise beyond the noise standard. WSDOT contends that with its proposed mitigation the noise levels will not be perceived as significantly more than the existing background noise of I-405.However,noise 7 levels should be reduced or mitigated by the proposed mitigation measures (Ex. 7) and additional 8 condition of approval as described in FOF No. 5. 9 DECISION 10 The proposed variance is justified for the reasons identified in the Conclusions of Law above and is 1 thereby approved. Approval is subject to compliance with the conditions of approval listed in Finding of Fact No. 5. 12 ORDERED this 15t day of September 2020. 13 14 ��- 15 Phil A. Olbrechts City of Renton Hearing Examiner 16 Appeal Right and Valuation Notices 17 18 RMC 8-7-8(F) provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 8-7-8(F) further requires appeals of the Hearing Examiner's decision to 19 be filed within fourteen (14) calendar days from the date of the Hearing Examiner's decision. Additional information regarding the appeal process may be obtained from the City Clerk's Office, 20 Renton City Hall—7th floor, (425) 430-6510. 21 Affected property owners may request a change in valuation for property tax purposes 22 notwithstanding any program of revaluation. 23 24 25 26 Noise Variance 10