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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. -2 - 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 - 3 - copy of City of EAL)