La Conner Weekly News - Your independent hometown award-winning newspaper

An olive branch appeared here Thursday on a cold and wintry afternoon and in the most unlikely of settings – he appeals hearing addressing Kate and Dr. Brandon Atkinson’s bid to develop a 20-unit three-story residential complex behind The Slider Café.

The 45-minute session before Town Hearing Examiner David Lowell took an unexpected turn when Atkinson indicated he might be willing for the project to undergo an historic design review.

La Conner residents Linda Talman and Debbie Aldrich had filed the appeal to deny the Atkinsons a conditional use permit to go forward with the project based on a 1986 contract rezone of the property which required development of the former residential lots to be reviewed as if they were located within the Town’s Historic Preservation District.

For reasons of which no one is quite certain, the contract rezone that changed the property’s designation from residential to commercial was never codified into ordinance form nor formally filed at the Skagit County Courthouse. Further complicating matters, the agreement was misfiled at Town Hall under an incorrect address.

There have been conflicting legal opinions rendered as to whether the contract rezone is valid.

Talman, Aldrich and others residing in the single-family residential neighborhood surrounding the project site have objected to its size and scope – especially related to parking and fire safety issues – as presented in the Atkinsons’ application, which had received a split decision go-ahead prior to Talman’s sleuthing that unearthed the 36-year-old contract rezone.

Town Planner Michael Davolio determined the Atkinsons’ proposal met Town code guidelines. The Town Planning Commission recommended the couple’s application not be approved, citing potential negative impacts on the neighborhood.

Lowell did approve a conditional use permit for the project in May, but that was just prior to discovery of the long-buried contract rezone.

“We said six months ago that we could do the same project with an historic design review,” Dr. Atkinson, who maintains a dental practice in La Conner and has developed properties elsewhere, insisted on Thursday, “but these guys wanted to forward with this other baloney.”

However, Atkinson representative Roger Vallo seemed less enthused with agreeing to the historic design review accommodation.

“We’ve offered this before,” Vallo said. “The Letter of Determination from the Town on the issue makes it clear it’s not in the Historic Preservation District. I don’t see a reason to do it, but that’s a question for Brandon. It would cost additional money.

“Our goal on this project,” Vallo added, “is to be in compliance with the Town’s zoning and all its codes. We’ve been in compliance, and we’ve gone through a lot of hoops at tremendous cost to Brandon.”

Attorney David Bricklin, retained by Talman and Aldrich, has contended the contract rezone was a legislative act and as such remains in effect. Bricklin noted during the Zoom appeals hearing that points he spelled out previously in correspondence for the record have gone unrebutted.

He said the contract rezone has not been repealed and it also modified the Town Comprehensive Plan.

“They (the Atkinsons) have to comply with the Historic Preservation District guidelines,” he said.

Dr. Atkinson, in response to questioning from Lowell, said the project has been on hold for over a year.

“We met with the Town before we bought the property,” he said. “We’ve done everything we’ve been asked to do.”

Again, in response to a question from Lowell---this time asking if he would have taken a different approach with the project had he known beforehand about the contract rezone---Dr. Atkinson said: “We wouldn’t have spent money on the property if we couldn’t do with the property what we were told we could do.”

Lowell suggested the two parties spend the following five business days working toward a potential accommodation on the issue.

“We’re not opposed to it,” Dr. Atkinson confirmed. “We’re not asking for anything that’s unreasonable.”

Town Administrator Scott Thomas requested that if an accommodation, which Lowell referred to as extension of an “olive branch,” is reached, that the Town and Lowell be notified forthwith.