Town code changes may include review of CUP applications

The La Conner municipal code did not receive a complete facelift upon Town Planning Commission review at Maple Hall last Tuesday.

But there are a few new wrinkles for the town council to consider.

Perhaps the most significant development during the 90-minute public hearing, continued from Sept. 20, came when commissioners embraced town planner Michael Davolio’s proposal that they rule on conditional use permit applications and not the contracted hearing examiner.

The idea floated by Davolio came near the end of the commission’s Oct. 4 meeting. It drew a loud round of applause from those in attendance.

Commissioners were quick to accept responsibility for hearing application requests despite cautionary remarks from Town Administrator Scott Thomas, who said the new duties would require members to assume more of a judicial than legislative role.

“As long as we can get the necessary training,” said commission chair Marna Hanneman, “I’d be all for it.”

There was little doubt any change regarding CUP applications would be linked to the controversial permit approval for a 20-unit condominium building on Center Street issued by Hearing Examiner David Lowell last spring.

The planning commission had recommended that application be denied, though it had received an endorsement from Davolio.

Members also favored retention of the current 25-foot agricultural setback, rejecting a proposed reduction to 15 feet; denied a Port of Skagit bid to extend the maximum industrial building height from 40 feet to 60 feet at La Conner Marina; and supported requiring one parking space per “tiny house” (700 square feet or smaller) dwelling unit.

Hedlin Farms manager and resident Kai Otteson made the case for not changing the ag setback rule.

“If it gets reduced to a 15-foot setback,” Otteson predicted, “it opens the door to further reductions down the line.”

During prior discussions, fears were raised that reducing the sewtback could be dangerous to residents – particularly toddlers – should patios and porches be built nearer to heavy farm machinery.

The Port, meanwhile, had sought the 60-foot standard in support of tenant boat builders competing in a market trending toward larger vessels.

The commission expressed preference for maintaining the current height limit and employing the CUP process to consider on a “project by project” basis applications for structures exceeding 40 feet.

“I, for one, have an issue with blanket approval for 60 feet,” said Commissioner John Leaver. “I think I would be against that, and I think most of the people in this room would be against it.”

Leaver later explained to Port Planning, Development and Aviation Director Heather Rogerson and La Conner Harbormaster Chris Omdahl that he and fellow commissioners don’t want to “stymie your plans.”

“We want the Port to thrive,” Leaver insisted. “We’re not trying to hold you back.”

Leaver and others said the CUP process still leaves open the option for construction of taller buildings at the marina.

Davolio noted that port authorities in the Puget Sound region are competitive in recruiting maritime firms that pay living wage jobs for skilled labor. Rogerson estimated there are now about 140 persons employed by marine industry companies at La Conner Marina.

La Conner residents have expressed concern that tall buildings at the marina – e specially if several are clustered together – will pose steep challenges for firefighters.

“The fire department,” said La Conner builder and former planning commissioner Gary Nelson, “only has a 35-foot ladder.”

Developer Greg Ellis and other attendees spoke on behalf of tiny homes as potentially a more affordable housing option.

“Please consider the changes I requested for the tiny house code,” Ellis implored. “I will create space for these. There’s a demand for housing in La Conner. People are in dire need to find a place to live.”

Cassandra Saunders, an in-home care provider, sought support for tiny homes.

“It would provide me an opportunity to live here and continue the work I do,” she said. “I would love to be able to live here and a tiny home would be a wonderful opportunity for me to live and work here.”

Nelson, however, pointed out that tiny homes do not come cheap.

“They aren’t necessarily affordable,” said Nelson. “They run about $400 per square foot.”

Before adjournment, Hanneman praised residents who have attended meetings and public hearings – which at moments got testy – throughout the year.

“We appreciate all the advice we have gotten,” she said. “Michael (Davolio) follows the rules and codes and that’s what we need. We appreciate townspeople saying we need to slow down and take a look at things.

“Don’t walk away and go back to your homes,” Hanneman said to the audience. “You need to stay involved. Be kind. This is not personal in any way, shape or form. This is about what we need to do for future generations.”