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La Conner’s Town Council will have to decide the fate of the 306 Center Street condominium project by determining if a 1986 contract rezone agreement signed by town officials and then property owners Donna and Gerald Blades is valid and enforceable. Hearing examiner David Lowell issued his decision on the four May reconsideration requests challenging the 306 Center Street condominium project last Wednesday, July 20, but found he did not have the “additional information” in the materials of record to determine the site’s zoning requirements. He sent the most critical issue of zoning status back to the council.

In a news release, Town Administrator Scott Thomas summed up the questions before the Town: 1) is the contract rezone a valid contract with provisions applicable to the proposed 2022 development on the subject site; 2) must the project comply with the regulations of the Historical Preservation District; 3) if Historic District regulations apply, which regulations and from which year.

Thomas stated: “We respect the Hearing Examiner’s decision. The Town will seek the advice of an attorney familiar with the issues raised by the Hearing Examiner to be certain that our response reflects the best advice as how to comply with applicable law.”

Mayor Ramon Hayes supports Thomas’ decision, saying all parties will benefit and calling it “very prudent” to bring in expert legal advice with “knowledge in land use, municipal law and contract law.”

Thomas, as town attorney, can advise council, he wrote in an email Friday. He thinks, however, that it is “best that the council receive advice from a lawyer who is not burdened with past interactions with project proponents and opponents, which might be viewed as leading to bias.”

The news release states the Town seeks to ensure “party proponents and opponents are all treated fairly and appropriately.”

No council member responded to questions from the Weekly News.

Lowell ruled against Brandon Atkinson’s, as KSA Investments, request to place elevator and other types of mechanical equipment on the building’s roof, as exceeding the Town’s 30 foot building height limit, a development regulation. The International Building Code regulations do not have the authority to supersede La Conner’s zoning code, Lowell determined.

Lowell ruled against Town planner Michael Davolio’s request to modify the proposal to include first floor long-term residential use. The developer must apply for that change.

The Town’s reconsideration request from the fire department was approved. The project’s parking lot design must be changed to provide access for fire vehicles. Davolio’s request that the project include two front yard setbacks was approved. This eliminates the requirement for a 25-foot rear yard setback, giving the developer more flexibility in providing landscaping in wider front yards.

Resident Maggie Wilder, a party of record, responded to Weekly News questions, writing she would speak at the July 26 town council meeting “to say, once again, that I hope the town will honor the Contract Rezone from 1986. It is the only way to maintain institutional integrity.” She hopes the council will “create another opportunity that was squandered by town administrators.”

Wilder’s criticism is that staff only checked that the proposal met the town code. They did not use the conditional use permit process to impose conditions on the developer to “improve the proposed building and site plan for the neighborhood.”

Talman’s assessment: “I am pleased that the developer did not get an inch more of height which is what he wanted. It is still too massive – but am pleased that the fire codes will be adhered to. They should also buy us a new truck.”

She is working on “code reform” with a group of town residents, writing “We are not seeing a clear path for doing this with the town,” that she and others do not have a relationship of trust with Davolio. Wilder also was critical of the planner.

Lowell referred the Town to its municipal code procedures for the Atkinsons and parties of record for participating in determining the property’s zoning status.

Lowell listed that the “Town issue a Notice of Decision with an appeal period that is distributed to the site owners, parties of record for file LU21-56CU (the reconsideration decision), and any new parties of record for the subject administrative determination.”

Lowell had originally ruled on the Atkinson’s conditional use permit on May 11. Four reconsideration requests were filed in the following week, as Town procedures provide.