The City Council adopted a resolution last Tuesday to refer a SEPA (State Environmental Petition Act) and short plat appeal to the Selah Hearing Examiner for a decision.

Frank Sweet, the SEPA responsible official had approved a proposed short plat of .95 of an acre located at 503 Southern Avenue on May 8. The short plat approval would divide the property into three separate parcels, allowing for thirteen dwelling units. The property is owned by Torkelson Construction Company.

David Hoffert, representing the South Selah Neighborhood Association, submitted the appeal of that approval in a letter to the City Council and the City of Selah May 18.

“This short plat was filed under an R-3 designation and falls short of a less than one-acre requirement,” Hoffert said in the letter. “This short plat violates applicable ordinance and is inconsistent with building code.”

Hoffert also said a class-5 intermittent stream runs through the parcel and was not addressed in the approval. Hoffert also said that grading plans have not been approved, nor a permit issued for grading.

Hoffert attached a $250 check for the appeal.

Before the council voted to refer the appeal to the hearing examiner, Councilman John Tierney asked why the SEPA appeals were sent to the hearing examiner. Tierney has been on the council since January.

“The hearing examiner can objectively hear the appeals,” said Councilman Keith Larson. “The council may not have experience. It makes more sense to have a person with experience. That was rationale in years’ past.”

The hearing examiner recently denied a SSNA SEPA appeal on property at 605 Southern Avenue, which has been appealed to Superior Court.

Tierney said that he sat in that hearing.

“Our city supervisor, who is the designated SEPA responsible official was not there,” Tierney said. “I’m not sure how we can get good hearing if the official is deferring responsibility for evidence to subordinates.”

Tierney said he observed City Planner Dennis Davison in that hearing and that there were questions Davison could not answer.

“At any point, I could have been there,” Sweet said. “No one asked me to be there. The burden of proof is on the proponent.”

Mayor Bob Jones said that if the hearing examiner wanted input he would have asked.

Councilman Paul Overby said that having Sweet answer questions at the hearing could “artificially weigh the deck toward the city’s side.

“I could almost argue that it wouldn’t be appropriate for Frank to be there,” he said. “It could bias it in favor of the city.”

Tierney said later that he thought the city should do the best job it can to defend the city’s tax dollars.

“So you put the best agent forward to respond to this stuff,” he said. “I was disappointed in the mayor’s response.

“I feel like when we have a SEPA hearing the designated SEPA official should be there making the testimony.

“He’s the one who made the decision, he should be there.”

The vote was five to one with Tierney voting no.