HomeMy WebLinkAbout1281RESOLUTION NO. !d. Zl
A RESOLUTION of the City of Kent,
Washington, issuing Findings of Fact and
Conclusions of the city Council upon hearing
the appeal of Puget Sound Power and Light
Company regarding the City Hearing Examiner's
imposition of certain conditions in connection
with the issuance of a Conditional Use Permit.
WHEREAS, on October 17, 1990, Mr. Theodore P. Hunter,
Land Use Examiner for the city of Kent, issued a Final Order upon
reconsideration approving with conditions a Conditional Use Permit
to Puget Sound Power and Light Company ("Puget Power") for the
construction and maintenance of its proposed Cambridge Substation
(Hearing Examiner's File No. CE-90-8); and
WHEREAS, on October 29, 1990, Puget Power made a timely
appeal of the imposition of Conditions 5 and 6 of the Examiner's
Final Order to this governing body; and
WHEREAS, on March 20, 1991, appellant Puget Power
delivered its Hearing Memorandum on the appeal to the City and
City Council; and
WHEREAS, on April 2, 1991, at a regularly scheduled
meeting, pursuant to City of Kent Ordinance No. 2233, §16, Kent
City Code section 2.54.160, and City of Kent Resolution No. 896,
the Kent City Council heard a staff report on the matter, heard
appellant Puget Power's oral argument and took additional public
testimony on the matter; and
WHEREAS, pursuant to City of Kent Ordinance No. 2233,
§17, Kent City Code section 2.54.170, the City Council, having
reviewed the record and heard the evidence and testimony given at
the hearing on appeal, took final action and entered findings of
fact and conclusions on the appeal; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Upon the written and oral evidence presented
to this body, the City Council finds that material and substantial
evidence was presented to support the Hearing Examiner's decision
to issue Condition No. 5 of the Conditional Use Permit requiring
the construction of a cinder block wall to reduce noise levels
from the substation. Accordingly, this decision does not
constitute substantial error.
Section 2. Upon the written and oral evidence presented
to this body, the City Council finds that insufficient evidence
exists in the record to support the Hearing Examiner's decision to
issue Condition No. 6 of the Conditional Use Permit imposing a
magnetic field standard of 20 milligauss. Accordingly, this
decision constitutes substantial error.
Section 3. The City Council concludes that the Hearing
Examiner's decision regarding the issuance of a Conditional Use
Permit to Puget Power for the construction and maintenance of its
proposed Cambridge substation shall be modified to eliminate
Condition No. 6 pertaining to the imposition of a magnetic field
standard on the substation. The City Council hereby approves the
remainder of the Hearing Examiner's decision regarding the
Conditional Use Permit, specifically including Condition Nos. 1-5
and Condition No. 7.
Passed at a regular meeting of the City Council of the
City of Kent, Washington this ~ day of April, 1991.
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concurred in by the Mayor of the City of Kent, this -L1_
day of April, 1991.
DAN KELLEHER, MAYOR
ATTEST:
BRENDA JACO
APPROVED AS TO FORM:
I hereby certify that this is a true and correct
Resolution No. !:lS'( , passed by the City Council of the
Kent, washington, the /l? day of /tfr~r / , 1991.
9480-340
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