The Hearing Examiner has dismissed all but two issues from the North Beacon Hill DNS appeal filed on January 29 by Frederica Merrell, stating that the dismissed issues are “broad, conclusory allegations unsupported by any stated facts,” and that they do not meet municipal code and Hearing Examiner requirements that issues raised in an appeal be clear, concise, and specific. Additionally, the ruling states that the issues “fail to give the Department and Intervenor fair notice of the claims being asserted.” Two of the issues were dismissed outright earlier this month, and nine more in a decision given on Monday. Â The hearing will now address the two issues that remain.
The two remaining issues are:
#6: “The DPD failed to meaningfully consider the probable impacts of the future development that would be allowed by the proposed changes to the Comprehensive Plan and zoning.” The ruling states, “Although the appeal failed to specify the probable impacts being referred to, the Appellant stated in her response to the motions to dismiss that this issue is addressed to the impacts of additional density on public services.” With that clarification, the issue was deemed sufficiently specific to be considered.
#8: “The DPD did not use notice procedures that were reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations of the proposed amendments to comprehensive plans.” This issue was also clarified by Merrell; the March 11 ruling states that “the Appellant clarifies that the notice issue concerns the changes, alleged to be substantive, that the Department made while consolidating goals and policies after public notice of the DNS.”
For a full explanation of the decision, read the Examiner’s ruling here. Â The appeal is still scheduled to be heard on Monday, April 26, 9:00 am at the Seattle Municipal Tower, 700 5th Avenue. Â The Othello appeal hearing has been rescheduled to May 24, and the North Rainier appeal was dismissed earlier this month.
See also Cienna Madrid’s recent post about this in the Slog.
(Editor’s note: Issues #6 and #8 appear to be the same as issues #4 and #6 in the original January 29 version of the appeal.)
