The Fourth of July is more than a month away but there were plenty of fireworks at the La Conner Town Council meeting last Tuesday.

Fuses were already short when late in the 70-minute session residents opposed to a proposed three-story, 20-unit Center Street condominium building were finally able to address the issue – the public comment segment of the meeting having been delayed about a half-hour, much to the chagrin of those attending.

When allowed to speak, several persons living near the project site voiced concerns with a process that does not include elected officials.

Planner Michael Davolio earlier this year approved the KSA Investments application for a conditional use permit to build the multi-family structure –including six short-term rental units – in a commercial zone surrounded by family homes, citing conformity with code requirements,.

Town hearing examiner David Lowell approved the permit May 11.

In March, the town’s planning commission rejected the project with an advisory no vote.

Lowell has four motions for reconsideration, most notably Linda Talman’s presenting a 1986 Town “contract rezone” of the property. That agreement requires new construction on the site to undergo a historical design review as if the property was within the Historical Preservation District.

“The contract rezone document can’t be ignored,” said Mayor Ramon Hayes, who suggested it is likely invalid.

“If the contract rezone is invalid,” Hayes asked, “would it (the property) revert to residential (zoning)?”

His question went unanswered. As did speculation if the property is zoned residential would it require an entirely new application process or a housing project filling a much smaller footprint.

“Land use law,” said Town Administrator Scott Thomas, also the town’s attorney, “has evolved only from the 1950s.”

Neighborhood residents did not hold back in their assessments.

Jim Matthews lamented that the issue is being decided by “political appointees” and asked what steps are required to amend the town comprehensive plan to change codes and policies.

Gary Nelson, from a pioneer La Conner family who also served on the planning commission, questioned how the project could be approved He noted

“We haven’t given the fire department the equipment to fight a fire” in a building that tall.

With the long-missing document, resident Maggie Wilder noted that the property has been the subject of “a series of serious mistakes” over time.

“As government officials,” she said, “you should want to remedy these mistakes. Who stands up for us, the people who have lived here for a long time?

Perhaps the harshest critique came from resident Debbie Aldrich.

“You should fire your planning director,” Aldrich said in an impassioned tone, adding “you’ve got to think about the people you represent. You should listen to them.”

Talman said she had spoken with three land use attorneys who advise that the document is valid.

Others faulted the Town for not having researched the property more fully as part of the permit process. They shared their dismay that initially Davolio was unaware that a full-service gas station and fuel storage was formerly on the property.

“They didn’t know the history of the place,” Georgia Johnson said.

“How are you representing the Town?” asked Bruce Cornwall. “It was a gas station since time immemorial and a car dealership before that.”

Johnson and Cornwall, clearly upset, left early. Hayes tried to beckon them back.

“I’ve been trying to speak to you, Bruce,” Hayes said.

“You’ve spoken to me enough,” Cornwall responded as he exited. “Get that through your head.”

Hayes said he understood that emotions are running high regarding the project – whose principals, Kate and Brandon Atkinson, were not in attendance – but that the matter is now back in the hands of Lowell.

“We’ll wait on the hearing examiner’s decision,” Hayes said, “and then the Town can decide what path to take that’s in the best interests of its citizens.”

Also at the meeting:

* Davolio said the updating signage regulations is ongoing. He asked for volunteers.

* Council formally accepted the donation by resident Marilyn Thostenson of a Roger Small sculpture that will be installed at the foot of the Benton Street stairway. Hayes said the piece had already been endorsed by the Town Arts and Parks commissions. “That’s easier than most things in town,” Thostenson said of the approval. “I come to all the council meetings.”

* The popular fish slide at Conner Waterfront Park, whose surface has been plagued by frequent moisture blistering, again needs repair. John Doyle, retired town administrator, has re-ground, sanded and painted the slide. Councilmember Ivan Carlson, III asked if the time might soon be approaching when a conventional slide is substituted at the shoreline park. “It seems like we have to do repairs every year,” he said. “The slide has been problematic,” conceded Hayes. “It’s a constant problem requiring attention every one or two years. It’s a lot of money for something that is constantly occurring.”