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APPELLANTS’ WITNESS & EXHIBIT LIST - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The Honorable Sharon A. Rice BEFORE THE HEARING EXAMINER FOR THE CITY OF REDMOND In the Matter of the Appeal of Tom and Andrea Short and Hamid Korasani of a May 18, 2017 Decision by the Technical Committee to Deny a Deviation Request for a project at 13404 NE 100th Street, Redmond No. DEVREQ-2017-00464/BLDG-2015-02128 APPELLANTS’ WITNESS & EXHIBIT LIST The Appellants, Tom & Andrea Short, and Hamid Korasani, submit the following Witness and Exhibit List per the Order Setting Pre-Hearing Document Exchange Schedule, dated June 13, 2017: POTENTIAL WITNESSES 1. Hamid Korasani, PE/Appellant/Applicant: Mr. Korasani is a civil engineer with SAZEI Design Group, LLC that has been licensed in the State of Washington since 1988 (license no. 25408). Mr. Korasani is the engineer and applicant for the underlying project. He is familiar will all aspects of the exemption/deviation request and the underlying project and is expected to testify accordingly. Specifically, he is expected to testify regarding the subject property and the vicinity, the underlying project and its associated costs, the deviation request, grounds/elements for seeking an exemption and/or deviation from the undergrounding of ---PAGE BREAK--- APPELLANTS’ WITNESS & EXHIBIT LIST - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 overhead utilities, applicable regulations and comprehensive plan provisions, and the City’s recent approval of an adjoining project that added a utility pole to the frontage on the subject property’s right-of-way frontage, etc. 2. James Jordan, Project Manager for Applicants/Appellants: Mr. Jordan is the project manager for the Applicant’s underlying project. He has over 35 years of experience in the land use development industry, as a land use consultant, developer, and builder, including many projects requiring the installation and/or relocation of utilities. He is expected to testify regarding the underlying project and its associated costs, the deviation request, grounds/elements for seeking an exemption and/or deviation from the undergrounding of overhead utilities, applicable regulations and comprehensive plan provisions, and the City’s recent approval of an adjoining project that added a utility pole to the frontage on the subject property’s right-of-way frontage, etc. 3. Andrea Short, Appellant/Applicant: Mrs. Short is an Applicant for the underlying project and owner of the subject property. She is expected to testify regarding her ownership of the subject property and the vicinity, the underlying project and its cost, seeking an exemption and/or deviation from the undergrounding of overhead utilities, including the disparate financial impact of any requirement to underground existing utilities. 4. Tom Short, Appellant/Applicant: Mr. Short is an Applicant for the underlying project and owner of the subject property. He is expected to testify regarding her ownership of the subject property and the vicinity, the underlying project and its cost, seeking an exemption and/or deviation from the undergrounding of overhead utilities, including the disparate financial impact of any requirement to underground existing utilities. ---PAGE BREAK--- APPELLANTS’ WITNESS & EXHIBIT LIST - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 5. Mike Johnson, PE: Mr. Johnson is the civil engineer with Puget Sound Energy who corresponded with Mr. Korasani regarding what would be required to successfully underground the existing overhead utilities that serve the subject property. If he is amenable, he is expected to testify regarding PSE’s requirements for undergrounding existing overhead utilities for the subject property. 6. Paulette Norman, PE: Ms. Norman is the City of Redmond, Development Engineering Manager that issued the first exemption/deviation denial, dated March 3, 2017. She is also a civil engineer that has been licensed in the State of Washington since 1992 (license no. 29116). The Appellants would like to examine Ms. Norman regarding the basis of 1her decision, the interpretation/application of City regulations, and the City’s past pattern and practices with respect to considering and reviewing deviation requests for the undergrounding of overhead utilities, and her decision regarding the exemption/deviation request. 7. Lisa Rigg, PE: Ms. Rigg is the City of Redmond, Development Engineering Manager that issued the second exemption/deviation denial, dated May 18, 2017. She is also a civil engineer that has been licensed in the State of Washington since 1996 (license no. 33236). The Appellants would like to examine Ms. Rigg regarding the basis of her decision, the interpretation/application of City regulations, and the City’s past pattern and practices with respect to considering and reviewing deviation requests for the undergrounding of overhead utilities. 8. Cameron A. Zapata: Ms. Zapata is the City of Redmond Planner assigned to the underlying project and deviation. The Appellants would like to examine Ms. Zapata ---PAGE BREAK--- APPELLANTS’ WITNESS & EXHIBIT LIST - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 regarding her knowledge and participation in the underlying project and decision on the exemption/deviation request. 9. Steven Fischer: Mr. Fischer is the City of Redmond, Development Engineering Manager that has overseen the process to render a decision on the underlying permit and exemption./deviation application. The Appellants would like to examine Mr. Fischer regarding the City’s decision and accompany process for reviewing and issuing the decision, the interpretation/application of City regulations, and the City’s past pattern and practices with respect to considering and reviewing deviation requests for the undergrounding of overhead utilities. 10. Colin Sherrill, PE: Engineer-Associate. Mr. Sherrill is the City of Redmond, Engineer-Associate assigned to the underlying project and accompanying exemption/deviation application. The Appellants would like to examine Mr. Sherrill regarding his knowledge of the project and the engineering issues involved with the undergrounding of overhead utilities for the underlying project. EXHIBITS2 1. City of Redmond, permit file for DEVREQ 2017-001483 (various dates). This file constitutes the original exemption/deviation request for this matter; 2. City of Redmond, permit file for DEVREQ 2017-00464 (various dates). This file constitutes the revised exemption/deviation request for this matter; 2Proposed Exhibits 1 through 3 may already be considered part of the record in this matter. If so, the Appellants seek to avoid unnecessary duplication and will revise their proposed exhibit list accordingly. If not, the Appellants propose them as exhibits and will be willing to work with the City should additional specificity be desired. 3 For unknown reasons, the City apparently assigned a new permit number to the revised exemption/deviation application following the City’s unilateral revocation of its prior denial of the original exemption/deviation application. ---PAGE BREAK--- APPELLANTS’ WITNESS & EXHIBIT LIST - 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3. City of Redmond, permit file for BPLN 2015-02128 (various dates). This file constitutes the underlying building permit associated with the exemption/deviation request for this matter; 4. Procedures for Requesting and Approving Engineering Deviation Requests (Dec. 14, 2016); 5. Parcel Data, King County Department of Assessments, Parcel No. [PHONE REDACTED] (July 2017). This document constitutes the County’s Assessor data for the subject property 13404 NE 100th St., Redmond, WA 98033); 6. Parcel Map, King County Department of Assessments, Parcel No. [PHONE REDACTED] (updated March 2017). This document constitutes the County’s Assessor map for the subject property and vicinity; 7. Parcel Map, King County Department of Assessments, Parcel No. [PHONE REDACTED] and vicinity (retrieved July 2017). This document constitutes the County’s Assessor map for the subject property and vicinity with an aerial photo overlay; 8. Chapter 21.17 Redmond Zoning Code, Adequate Public Facilities and Undergrounding of Utilities (effective September 15, 2012). This document speaks for itself.; 9. Redmond Zoning Code 21.08.070, (Residential Innovative) Single-Family Urban Residential (effective October 26, 2013). This document speaks for itself.; 10. Redmond Zoning Code 21.08.360, Residential Innovative Zone (effective October 26, 2013). This document speaks for itself. 11. City of Redmond Ordinance, 2662 (effective Sept. 15, 2012). This document is the ordinance that is codified in chapter 21.17 RZC. 12. Photo of subject property, taken by counsel for Appellants (July 2017). This photo depicts the subject property from NE 100th Street; 13. Photo of subject property, taken by counsel for Appellants (July 2017). This photo depicts the subject property and street from NE 100th Street; 14. Photo of subject property, taken by counsel for Appellants (July 2017). This photo depicts the subject property from 134th Avenue NE; 15. Photo of subject property, taken by counsel for Appellants (July 2017). This photo depicts the subject property and street from 134th Avenue NE; ---PAGE BREAK--- APPELLANTS’ WITNESS & EXHIBIT LIST - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESERVATION OF RIGHTS The Appellants reserve the right to call as witnesses any lay or expert witnesses disclosed by the City. The Appellants further reserve the right to use as exhibits, any exhibits disclosed by any of the City and to add supplemental exhibits as may be necessary to pursue the appeal. DATED this 7th day of July, 2017. LAW OFFICE OF SAMUEL A. RODABOUGH PLLC Samuel A. Rodabough Counsel for Appellants