Siting adult businesses in La Conner a dilemma

Town officials aren't turning a blind eye to the prospect of peep shows coming to La Conner.

That's why, with a six-month moratorium now in place, they're hustling to enact restrictions limiting where adult businesses can operate – at a safe distance from residential areas and the school campus.

But finding such a location in a town hemmed in geographically is easier said than done.

Industrial zones on the north and south ends of La Conner could be designated for adult businesses.

Two sites are needed because if only one was chosen the Town could face litigation, according to Planning Director Michael Davolio, who has worked on similar zoning issues elsewhere.

"If it's all under one ownership," Davolio explained, "and we're challenged in court, we could lose, which is why we've included property in the small industrial area on the south part of town. If somebody has a better option, we'll definitely entertain it."

Davolio advises that without regulations in place prior to an adult business seeking to locate, there is little that can be done to deny the application, based on legal precedents established in First Amendment freedom of expression court decisions.

Resident Amy McFeely made a plea at the May 2 planning commission meeting that the south industrial zone be removed because of its proximity to parks and homes.

"I applaud you trying to regulate this," she said, noting that those frequenting a southside adult business would pass through neighborhoods and park areas.

"It's a family rich area," stressed McFeely. "It's a talented neighborhood."

She said its residents are creative and hard-working and have invested both dollars and sweat equity into renovating and upgrading their homes.

"I think this has to come off your docket," McFeely said.

Were that to happen, only part of the industrial zone at The Port of Skagit's La Conner Marina would remain.

"I don't think they'd be inclined to encourage that kind of business on their property," Davolio said of Port leadership.

"The regulations we're proposing are very strict and have withstood prior (court) challenges," said Davolio. "We're trying to be consistent with regulations that won't be challenged in court. The draft restrictions for adult businesses are designed to discourage their owners from considering opening here.

"We're not just creating hoops for people to jump through," he added. "We're creating flaming hoops."

Ultimately, the town council will decide the matter, including the zoning aspect, reminded commissioner Marna Hanneman.

"With beefed up restrictions," noted commissioner Bruce Bradburn, "we want to make it less attractive to applicants."

Davolio agreed.

"I'm hoping," he said, "that we don't get any inquiries."

Other meeting highlights

• Assistant Planner Ajah Eills said the Town intends to seek input from La Conner High School students for the municipal comprehensive plan update in the fall.

• Resident Linda Talman repeated her request for applying for a grant for development of non-motorized transportation opportunities, saying, "There are now 10 days before the grant application is due. It's still doable. I hope you'll at least give it a shot. It might get rejected but at least you tried."

• Greg Ellis is seeking a contract rezone and removal from Historic Preservation District designation for the property behind Pioneer Market, for a tiny home village.