Town determination appealed

Residents Debbie Aldrich and Linda Talman are appealing the Town of La Conner’s Sept. 20 administrative determination approving a conditional use permit for condominium units at 306 Center Street. Monday the two filed a challenge of Town Hearing Examiner David Lowell’s May decision supporting owners Brandon and Katie Atkinson.

The appeal disputes planner Michael Davolio’s decision that the 1986 contract rezone is unenforceable. It notes that the Town Council decision was a legislative act amending the comprehensive plan and zoning code and is binding today.

Since the property is zoned residential, not commercial, the appeal states the proposed short term rental units are conditional uses, not permitted by right.The present commercial zoning is in error.

Davolio had determined that “original decision of the Hearing Examiner, together with the Examiner’s subsequent decisions following his review of the Requests for Reconsideration, remain valid. The Contract Rezone Agreement is unenforceable as a matter of law. The proposed development is therefore approved.”

Some area lawyers disagree with the Kenyon Disend firm’s assessment that the 1986 council action was administrative, not legislative and point out that the state’s vesting laws make the zoning decision valid. The failure to record it with the county auditor is not an issue, they say.

They find the Kenyon Disend memo states the firm’s opinion and cites cases as illustrative but does not directly cite case law because no authority exist to apply, so the analysis is their assessment.