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29. Public hearing after due legal notice was held on October 9, 2008. Appearing and <br />testifying on behalf of the applicant was Chad Bala of Terra Design Group, Inc. in <br />Cle Elum. Mr. Bala testified that he was an agent authorized to appear and speak on <br />behalf of the applicant, Cle Elum Pines West & East, LLC's. Mr. Bala submitted a <br />notebook of records that were consecutively numbered 1 through 563. This notebook <br />and all the materials contained therein were admitted into the record. This notebook <br />was admitted as Exhibit 3 to the hearing. (Chad Bala testimony at open record public <br />hearing) <br />30. Exhibits at the hearing were: <br />30.1 Exhibit 1 is an October 9, 2008, letter from Jan Sharar to the Kittitas County <br />Hearing Examiner. <br />30.2 Exhibit 2 is the Public Works PowerPoint presentation. <br />30.4 Exhibit 4 is October 9, 2008, letter from Ron and Debbie Kuhn to the Hearing <br />Examiner. <br />(Chad Bala testimony at open record public hearing) <br />31 Mr. Bala testified that none of the proposed lots would require a variance due to the <br />buildable area of the lot, riparian setbacks and setbacks related to the septic system, in <br />order to build a single family residence and any accessory structures. This included <br />but was not limited to proposed lots 32, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48, 49, 50, <br />51, 52, 53, 55. Mr. Bala testified that on behalf of the applicant there were no <br />objection to any of the proposed conditions of approval. (Chad Bala testimony at <br />open record public hearing) <br />32. Also testifying on behalf of the applicant was Mark Nelson, P.O. Box 394, Cle Elum, <br />WA 98922. Mr. Nelson was the designer of the septic system to serve this project. <br />Mr. Nelson testified consistent with the application materials on file. Mr. Nelson <br />emphasized that the large on-site sewage system (L.O.S.S.) would be subject to <br />approval by Department of Health. The reclaimed water system would be subject to <br />approval by Department of Ecology and Department of Health: Both the community <br />septic system and the reclaimed water system would require additional permits from <br />other agencies with jurisdiction prior to construction and implementation of those <br />utilities. (Mark Nelson testimony at open record public hearing) <br />33. Speaking on behalf of the applicant was attorney Jeff Slothower :Mr. Slothower <br />provided argument regarding the vesting issue. Mr. Slothower pointed out that as of <br />the date of the determination of a complete application, that the applicant vested to <br />the applicable zoning regulations in existence at that time. The applicant is <br />complying with those regulations in the development of this project. (Jeff Slothower <br />presentation at open record public hearing) <br />P-07-31 <br />Palomino Fields Preliminary Plat <br />Page 5of18 <br />