City Hearing Examiner Sue Tanner has made her ruling on the third appeal filed against decisions relating to the Arbor Heights Elementary School rebuild. The appeal was filed by the Committee to Save Seattle Schools and three area residents; we covered the hearing downtown on February 2nd. Tanner promised a written ruling within two weeks; we found it in the city files today, dated February 9th. Read it in its entirety below (or here, as a PDF):
Toplines: While the appellants had argued that aspects of the decisions allowing the project, including four zoning exceptions, were “clearly erroneous,” Tanner found that was not the case. Her decision notes that two points of contention in the appeal, filed last November, had already been remedied by the district before the case was argued – the matter of two large Douglas firs on the northeast side of the site, which at one point were to be moved, will be left in place, and the issue of contacting the Duwamish Tribe before excavation work starts at the site; district testimony indicated that the Duwamish and four other tribes will be advised and invited to observe the work, in case of “inadvertent discovery” of cultural relics. But Tanner did decide to modify the conditions of the zoning exceptions’ approval, including the possibility of a four-way stop sign at 35th/104th – an intersection which will by fall of 2016 lie between the rebuilt AHES and the new home of Westside School (WSB sponsor) – provided SDOT approves. She also ordered a provision requiring any mitigation ordered for the project’s removal of what was considered an “exceptional” madrone tree.
BACKSTORY: We also covered the previous two appeals, both of which were argued and decided last year – May 2014 WSB coverage here; August 2014 WSB coverage here. The new AHES is being built in two phases, with the first – demolition and site clearing – now complete, and the second to start this spring; it’s still scheduled to open in fall 2016.