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There has been extended debate in town over pending new construction of a multi-unit residential building in a commercial zone.

The focal point for that dialogue is the "Talmon Project" at 306 Center Street.

In a coincidental twist, Town of La Conner Planning Commissioners and staff were asked last week about the status of a longtime commercial building in a residential zone.

The former COA restaurant at the corner of Maple Avenue and Washington Street – perhaps better known as the 'new Joe's Drive-In' by locals of a certain age – is surrounded by a large parking lot.The vacant structure has undergone extensive remodeling in recent months and is now listed for sale for commercial/retail use for $499,000, according to La Conner residents attending the Sept. 19 Town Planning Commission hybrid meeting at Maple Hall.

But the history of the property suggests a somewhat different scenario. One that would more accurately identify the property as residential since the non-conforming use under which the restaurant had operated is no longer valid due to its extended vacancy.

The building has lost its non-conforming use designation because it has been vacant more than six months and no one has applied for an extension, Town leaders said.

"It's a commercial building," noted Town Assistant Planner Ajah Eills, "but on a residential property."

Eills and Town Planner Michael Davolio said they can't control how realtors list the property, but are hopeful prospective buyers are made aware of it being zoned residential.

"In the end, though," said Eills, "it's the responsibility off the buyer to know the zoning."

Davolio, Eills, and Town Administrator Scott Thomas said a buyer of the COA property would have to apply for a variance to use the building commercially again. That variance application would be reviewed by Town Hearing Examiner David Lowell, Eills said.

"That is the correct analysis," Thomas told the Weekly News on Wednesday. "It was a legal nonconforming use as a restaurant. That use was abandoned after the restaurant use was terminated for a period of time."

Resident Kathy Shiner brought to the commission's attention that the 214 Maple Avenue property is being advertised with a commercial/retail listing.

"It's not accurate," Shiner told commissioners. "It should be residential."

Former planning commissioner Linda Talman shared with present members of the Town advisory panel a snapshot of the property's history.

"I did an information request for that property," Talman said. "I knew it would be a mess when it came up."

The Sanford family opened the original Joe's Drive-In more than a half-century ago on the southeast corner of its Maple Avenue property, next to Talbott Street. The Sanfords later expanded their business, famed for its shrimp burgers and practice of providing free ice cream to little leaguers who hit home runs at nearby Hedlin's Ballfield, by moving onto the property---closer to Washington Street---the present restaurant building.

Since then, up until COA relocated to Morris Street, a series of eateries have operated there.

Going forward, if a variance for the property isn't granted, its location in a residential zone could provide some relief for La Conner's housing crunch, suggested resident Leslie Smith.

"There would be an opportunity or housing on that property," she said. "There could be more homes, one of our goals."

In the meantime, attempts to contact the listing realtor have been unsuccessful.

"The realtor is not returning calls," Talman said. "It's an AI (artificial intelligence) thing."