(WSB photo, Alki Elementary demolition site last Friday)
After three weeks, Seattle Public Schools has made its decision about how to respond to the city Hearing Examiner ruling granting neighbors’ appeal of a zoning exception that would allow the new Alki Elementary to be built without off-street parking: It’s going to court. That’s one of the options if you lose a case before the Hearing Examiner – going to King County Superior Court with a “petition seeking review of a land-use decision.” That’s what SPS filed today, according to documents we obtained tonight. The petition contends in part:
… The Examiner concluded that the SDCI [Seattle Department of Construction and Inspections] Decision lacked sufficient supporting information on this issue alone. The Examiner’s conclusion regarding the vehicle parking departure is incorrect. … Petitioner is aggrieved and adversely affected by the Decision because the Decision prejudices Petitioner’s ability to use its Property and is intended to interfere with the Petitioner’s legal use and enjoyment of the Property and the ability to develop the Project … the Examiner engaged in unlawful procedure, erroneously interpreted the law, made a decision that is not supported by substantial evidence, and committed clear error where it concluded that the Appellants met their burden to demonstrate that it is not necessary to eliminate all parking to meet the school’s educational needs. … The Decision’s determination that the parking analysis did not accurately reflect parking conditions was not supported by substantial evidence in the record. … The Examiner chose to give greater weight to anecdotal statements that parking conditions in December 2021 must not reflect normal parking conditions instead of expert analysis that concluded, in both the report and in testimony, that the parking conditions in December 2021 were likely higher than normal conditions given that many people chose to stay home (and park on the street) rather than leave due to both the COVID-19 pandemic and the West Seattle Bridge closure.
This is not likely to end quickly. The initial schedule set for the case requires a hearing by October 20th, but the case itself might not be fully heard until next January. The district has a permit for demolition, excavation, and grading of the school site, and has completed most of the demolition, but can’t get a permit to build the new school until this issue is settled. Building the school without a zoning exception for parking would require 48 spaces, and presenting a revised plan providing them was one of the other options the district had for responding to the Hearing Examiner’s ruling.
| 106 COMMENTS