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Order Continuing Hearing City of Redmond Hearing Examiner No. APP112816, Hooper Appeal page 1 of 2 BEFORE THE HEARING EXAMINER FOR CITY OF REDMOND In the Matter of the Appeal of ) NO. APP112816 ) ) Larry Hooper ) ) ) of the November 16, 2016 City ) Determination that a portion of the ) ORDER CONTINUING HEARING Structure at 14609 NE 91st Street ) Was Unpermitted and Is Not Legally ) Nonconforming ) The above-captioned appeal was scheduled to be heard on January 18, 2017. An order setting pre-hearing document exchange deadlines was issued January 3, 2017. On January 6, 2017, an attorney stating he acted on the Appellant's behalf requested a continuance of the matter to allow more time to prepare, noting that a request for public records had been submitted. That communication requested a continuance to the March appeal hearing calendar, which falls on March 15, 2017. On January 9th, Planning Staff responded to the continuance request via email, indicating that they did not agree to a continuance of that length. Staff's comments noted that a January date had been selected (as opposed to the December date) to allow time to prepare for the appeal hearing and that more than 50 days had elapsed since the decision was issued on November 16th. Staff requested that if a continuance is granted, that it be set no later than February. Staff's email was sent to the Attorney acting on behalf of the Appellant, who asked that the City reconsider out of fairness, noting that it is the Appellant who has suffered the difficulties resulting from the fire in the commercial building. Redmond Zoning Code (RZC) 21.76.040(D)(2) states: Appeals. The time period for consideration and decision on appeals shall not exceed: a. Ninety (90) days for an open record appeal hearing; and b. c. The parties may agree in writing to extent these time periods. Any extension of time must be mutually agreed upon by the Applicant and the City in writing. ---PAGE BREAK--- Order Continuing Hearing City of Redmond Hearing Examiner No. APP112816, Hooper Appeal page 2 of 2 Ninety days from the date of the appeal filing date would be February 27, 2017. The February appeal hearing calendar falls on Wednesday February 15, 2017. The Appellant agreed to extend the time frame into March, and the City agreed to the February appeal calendar. The undersigned agrees that allowing the Appellants additional time to prepare for hearing is appropriate, as the party bearing the difficulty engendered by delay. The City's concern (if any) for securing the building (which was damaged in May 2016) and complying with Code established timeframes, also significant issues, can be addressed by limiting the time extension to one month. Order: 1. The above-captioned appeal is continued to the February 15, 2017 appeal hearing calendar. 2. Because the undersigned is not available on that date, the City's pro tem hearing examiner will be taking over jurisdiction of the matter. Further pre-hearing scheduling and the hearing itself will be conducted by hearing examiner Gary McLean. 3. Clarifying questions about this order and any other procedural questions may be directed to the Office of the Hearing Examiner, Attention Cheryl Xanthos, Deputy City Clerk, at [EMAIL REDACTED]. Ordered January 11, 2017. By: Sharon A. Rice Redmond Hearing Examiner