By Ken Stern 

1986 contract rezone used: town council approval perfectly clear

 

August 2, 2022



In Nov. 1982 Gerald Blades name is listed on the deed for parcel P74143, 306 Center Street, the 15,246 square feet, 0.35 acres on the north side of The Slider Café..

Blades sold it in 2003, with 313-315 Morris Street, parcel P74144, to Ntinos Trapalis for $600,000 Trapalis sold the two lots in 2005 to 313 Morris Street Ventures LLC for $593,802.

Last August Brandon Atkinson, as KSA Investments LLC., bought the southern parcel, P74143, from that company for $570,000.

Zoning history

The July 9, 1985 La Conner Town Council meeting has this summary: “The south half of the Blades’ property is zoned commercial and the north half is zoned residential.”

At their July 23 meeting council granted – approved – “a non-conforming use of existing uses of property” at Blades' request for the north Center Street parcels.

That did not meet Blades' needs, so they advocated throughout 1986 for a zoning change. In October they filed a rezone application for the three Center Street lots, stating “The north half has historically been used for commercial purposes and the zoning should be changed to reflect these conditions.” They also filed in support seven pages of petitions with about a 100 signatures from residents.

In response to the application’s asking for “plans for future additions, expansion, or further activity related to or connected with this proposal?” they wrote, “Finish remodeling garage building for up-graded rental units.” They wrote, “Return commercial zone so commercial building can be rented out” in the space for project description.

The Atkinsons bought this property in 2021 with the same purpose: creating condominiums.

The Blades note in the application: “Planning Commission voted comprehensive plan map use to commercial. Council voted to retain residential designation.” Blades requested a change in the comprehensive plan designation for the property to commercial from residential.

Town hearing and approval

On Nov. 17, 1986 the planning commission held a public hearing, then voted unanimously to recommend approval of the rezone request. The Dec. 8 council minutes read that council approved rezone [of] the aforementioned property to Commercial Use placing same restraints on property as in Historic Preservation District and to also change the Comprehensive Plan.”

The genesis for this restraint condition is a Dec. 3 memo to town council from the planner stating: “On Monday, Dec. 1, 1986, the La Conner Planning Commission passed a resolution requesting that the Town Council require that Historic District design review be required if the Blade rezone is approved. This would allow the Planning Commission the opportunity to review the development plans for the property.”

Following the council vote, the Blades’ attorney, Earl Angevine, sent the Town a letter with the draft agreement Dec. 11, stating “I am enclosing a copy of a Contract Rezone which I have drafted on behalf of the Blades. I am also enclosing a form which I obtained from the Skagit County Planning Department which the County uses for its contract rezones. I have incorporated the language of this form where appropriate.”

Contract Rezone language

On Dec. 21, 1986 the Blades, the Town of La Conner attorney and the notary signed the agreement. Mayor Mary Lam signed it later. The section above their signatures reads:

“Part III. The Rezone: By previous action of the Town Council of the Town of La Conner, the real property which is the subject- of this agreement has been changed from the previous zoning classification of residential to the rezone classification of commercial which shall become effective immediately upon the signing of this agreement.

The land owner shall enjoy all use and benefits of the new zoning classification under the condition imposed by this agreement.

Owner agrees and hereby authorizes Town to record the original or a copy of this agreement with the Skagit county Auditor so that this agreement will become a matter of public notice to subsequent purchasers and shall become an encumbrance upon the land.”

1987 references to the rezone

In 1987 the Town of La Conner attorney and the lawyer for Vintage Oil exchanged letters about storage tanks on the Center Street property. Both lawyers referenced the contract rezone agreement as a proper, in-use contract. La Conner’s attorney wrote “The property owners … [i]n receiving that contract rezone, the Blades represented to the Town of LaConner that they planned to remove the oil storage tanks.”

The Vintage Oil lawyer responded: “Mr. and Mrs. Blades have furnished me with a copy of the Contract Rezone with the Town of LaConner dated December 21, 1986.”

Dianne Goddard, now a judge on the Skagit County District Court, was town attorney in 1986-1987.

The western false fronts

A year earlier, in August, 1984 the Blades had applied to the Town of La Conner to make create the western-style false second story façades. This was approved by the Historic Preservation Committee

That is their origin.

 

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