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Order Ruling on Motions City of Redmond Hearing Examiner Origins Appeal, BLDG-2016-09802/BPLN2016-02092 page 1 of 2 BEFORE THE HEARING EXAMINER FOR CITY OF REDMOND In the Matter of the Appeal of ) NO. ) ) WPDC Cleveland LLC ) Origins Appeal ) ) of approved Permits ) BLDG-2016-09802/BPLN2016-02092 ) RULING ON MOTIONS Authorizing Tenant Improvements and ) FROM EACH PARTY Change of Occupancy for the structure at ) 16390 Cleveland Street, Redmond ) Issued February 17, 2017 ) Consistent with previous pre-hearing orders issued March 17, 2017 and April 21, 2017, the Appellant and the Applicant in the above captioned appeal submitted dispositive motions. On May 1, 2017 Appellant submitted a motion for summary judgment, alleging that there are no disputed material facts and requesting the appeal be disposed of as a matter of law. The relief requested was to have the building and change of occupancy permits rescinded and a stop work order issued to prevent any further alterations to the building pending resolution of the appeal. The Applicant submitted a May 1, 2017 motion to dismiss appeal issues 1, 2, 3, 4, 5, 6, 8, 9, and 13 (of 13) arguing generally that the issues alleged are outside the scope of the jurisdiction of the undersigned on the grounds that a) the previously submitted site plan entitlement application has been rescinded/is not pending and the appeal is limited in scope to the approvals issued and b) disputing that a potential recreational retail marijuana use is at issue. The Applicant also contended that the undersigned lacks authority to issue a stop work order. Each party responded to the other's motion, essentially offering their own motion's arguments in response to the other party's motion. The City responded in a single response to both motions arguing (among other items) that the undersigned lacks authority to issue a stop work order and disputing that one is appropriate, and also contending that the undersigned lacks authority to dispose of appeal issues through a summary judgment pre-hearing process where there are questions of material fact. The City supported the Applicant's motion to dismiss. The City's response included a motion for a stay of the proceedings. The stay was requested because on May 3, 2017 (after the dispositive motions were due and submitted), the Applicant submitted a revised building permit application, changing details of the building permit appealed ---PAGE BREAK--- Order Ruling on Motions City of Redmond Hearing Examiner Origins Appeal, BLDG-2016-09802/BPLN2016-02092 page 2 of 2 from. The City's brief and the attached declaration of Jozanne Moe indicated that the City anticipated approving the building permit revision request, rendering an appeal of the previous building permit moot. ORDER 1. Appellant's motion for summary judgment is denied in its entirety. There are material facts in dispute. Regarding the request for issuance of a stop work order, Appellant failed to cite to any authority granting the City's hearing examiner that power. The undersigned is not persuaded that the City's land use hearing process is the proper forum for such a motion. 2. Applicant's motion to dismiss various appeal issues is denied in its entirety; its characterization of appeal issues as having been disposed of through withdrawal of the site plan entitlement application is not persuasive. Given the evidence submitted with Appellant's motion and response and the City's declaration of Jozanne Moe, it is not possible to untangle the issue of whether a recreational marijuana retail use is proposed, and proper procedures have been followed for such a use, without the benefit of testimony subject to cross examination. 3. The City's request for stay of the scheduled appeal proceedings (with pre-hearing document exchange to begin May 17th and the hearing set for May 31, 2017) is granted. The pre-hearing document exchange schedule is suspended until further notice. 4. The May 31, 2017 1:00 pm hearing date and time are not stricken at this time. The parties are instructed to maintain their availability for that date in the unlikely event that the hearing is able to go forward due to a quick denial of the revision request, or for further pre-hearing conference. 5. The City shall notify the undersigned as soon as possible when a decision on the requested building permit revision is issued. If no decision has yet been issued by May 23, 2017, the City shall submit a status report on the building permit revision application via the Hearing Examiner Clerk Cheryl Xanthos by email to [EMAIL REDACTED]. This report should include a new estimate of time remaining on the process. Ms. Xanthos will circulate the information to the parties and the examiner. 6. A future order will be issued not later than May 24, 2017 addressing the May 31st hearing date/time. Ordered May 15, 2017. By: Sharon A. Rice Redmond Hearing Examiner