The Sammamish Hearing Examiner denied the appeal by the Sammamish Homeowners over the City’s granting of a permit for development of the East Lake Sammamish Trail.
The Examiner granted some of the appeal issues filed by King County over a host of conditions the City set, but denied others. Still others were settled in negotiations between the City and the County, the most important providing for the preservation of far more trees than the County originally was proposing.
A third homeowners’ appeal was settled between the County and the appellants.
In a decision released today (Feb. 8), the lengthy findings and conclusions may be accessed here: ELST Appeal Decision 020816.
The SHO appeal was denied because the Examiner concluded the burden of proof on the appeal issues was not met by the group. Under state law, the appellant has the burden to prove the government agencies erred in granting a permit.
The County’s appeal of a long list of conditions ended with negotiated settlements on many issues and the Examiner splitting the decisions in favor of the City or the County on others.
I’m traveling and don’t have the time to summarize the complex issues, so the reader will have to download the document and slog through it.
The parties have the option to ask for reconsideration to the Examiner or appeal to King County Superior Court.
State shoreline permits are also required, and an appeal process could wind up before the state Shoreline Hearings Board, too.