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2017-01-29 MOTION FOR EXPEDITED HEARING DATE1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE CITY OF BAINBRIDGE ISLAND OFFICE OF HEARING EXAMINER CRYSTAL and YURIE RICH, Appellants, V. CITY OF BAINBRIDGE ISLAND, acting through its Department of Planning and Community Development, No. PLN50468 VEG MOTION FOR EXPEDITED HEARING DATE Crystal Rich and Yurie Rich, Appellants herein, pursuant to the Rules of the Examiner Section 5 (General Duties of Presiding Office), and Rule No. 2.1 (Expeditious Hearings), hereby requests an expedited hearing by special setting for a time convenient for the Examiner and the City in the first week of February 2017. This motion is based upon the records and files herein and the Declaration of Crystal Rich submitted herewith which show an emergency exists requiring the prompt attention of the Examiner. This matter is an appeal of an Administrative Decision. As a closed record public hearing, the only parties are Ms. Crystal Rich and Mr. Yurie Rich (Applicants /Appellants) and the City. BIMC § 2.16.020.P. Thus, it appears that the procedure set out in BIMC § 2.16.020.K.6.a for an application which requires a public hearing with a 15 -day public notice does not apply, and the parties can set the open record hearing on any date they desire. It is noted that BIMC § 2.16.020.P does not MOTION FOR EXPEDITED HEARING DATE - 1 of 3 200 Winslow sl REYNOLDS LAS OFFICE 200 Winslow Way West, Suite 380 [90373 -1] Bainbridge Island, WA 98110 (206) 780 -6777 (206) 780 -6865 (Facsimile) 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 specify any explicit or special notice that must be issued to set a hearing on an appeal of an Administrative Decision, nor does it set out a time period for the notice of hearing. BIMC §§ 2.16.020.K.6 alludes to a requirement that "...the Hearing Examiner shall provide notice of an appeal hearing as provided in this subsection K.6.b, and shall provide public notice for any other public hearing by ..." Thereafter referenced language for "any other public hearing" states: i. Posting notice in the official posting places of the city, including the city website; and ii. Publishing notice in the official newspaper of the city at least 14 days prior to the hearing or as otherwise provided by law; and iii. Distributing notice to the applicant and appellant, if applicable; and iv. Distributing written notice to property owners at addresses listed on the property tax records of Kitsap County within 500 feet of any boundary of the subject property and including any property within 500 feet of any contiguous property in the applicant's ownership; and v. Distributing notice to any person who has submitted a written request for notice of the hearing; and vi. Posting the subject property in a manner prescribed by the city. (BIMC § 2.16.020.K.6.b.i -vi.) Thus, it seems that all that is required as to provide notice to the "Applicant and Appellant" to the expedited hearing date. DATED this %A' fay of January, 2017. DENNIS D. REYNOI DS LAW OFFICE By Dennis D. Reynolds, WSBA #04762 Attorneys for Appellants Crystal and Yurie Rich MOTION FOR EXPEDITED HEARING DATE - 2 of 3 [90373 -11 DENNIs D. REYNOLDS LAW OFFICE 200 Winslow Way West, Suite 380 Bainbridge Island, WA 98110 (206) 780 -6777 (206) 780 -6865 (Facsimile) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CERTIFICATE OF SERVICE I, the undersigned, hereby certify under penalty of perjury under the laws of the State of Washington, that I am now, and have at all times material hereto been, a resident of the State of Washington, over the age of 18 years, not a party to, nor interested in, the above - entitled action, and competent to be a witness herein. I caused a true and correct copy of the foregoing pleading to be served this date, in the manner indicated, to the parties listed below: James E. Haney, WSBA #11058 Meghan B. Frazer, WSBA 440768 Ogden Murphy Wallace, PLLC 901 Fifth Avenue, #3500 Seattle, WA 98164 -2008 (206) 447 -7000, tel / (206) 447 -0215, fax 6haneyLyoinw.law.cGin; rnfrazer a omwlaw.corn; gzak(ci?ol7zty l,1 w.com Attorneys for City o f Bainbridge Island Joseph Levan City of Bainbridge Island 280 Madison Ave. North Bainbridge Island, WA 98110 (206) 780 -8622 jlevan@bainbridgewa.gov City Attorney ❑ Legal Messenger • Hand Delivered • Facsimile ❑ First Class Mail ❑ Express Mail, Next Day grail ❑ Legal Messenger ❑ Hand Delivered ❑ Facsimile ❑ First Class Mail ❑ Express Mail, Next Day rirail DATED at Bainbridge Island, Washington, this 2-- � day of January, 2017, Jodi Brenner Paralegal MOTION FOR EXPEDITED HEARING DATE - 3 of 3 [90373 -1] DENNIS D. REYNOLDS LAW OFFICE 200 Winslow Way West, Suite 380 Bainbridge Island, WA 98110 (206) 780 -6777 (206) 780 -6865 (Facsimile)