By Nancy Walbeck
American Staff Writer
The
company proposing a steel-fabrication plant on South March Point Road and one
of the environmental groups asking for protection for an adjacent heronry say
they will continue discussing a possible settlement, despite a ruling Thursday
that threw out two appeals related to the firm’s grading permit.
The
city’s board of adjustment ruled Thursday, Oct. 10, that Skagit Land Trust and
several other environmental groups failed to file the permit appeal before the
deadline. Written findings will be
available Thursday, and trust officials and others say they will consider
appealing that decision to Superior Court.
“We
also will wait for the building permit to come out, and likely will appeal
that,” Brenda Cunningham, land specialist for Skagit Land Trust, said.
T
Bailey is proposing a steel-fabrication plant on South March Point Road that
will be built near a heronry. The board
ruling means T Bailey can continue to clear and grade its site. And city officials said a building permit
likely will be issued this week.
But
T Bailey and the trust also say they are continuing to discuss several issues
at the site, including a monitoring plan and a possible re-negotiation of the
Port’s lease with T Bailey.
Cunningham
said the Port could provide a conservation easement or some other mechanism to
provide more forest area for the herons, which T Bailey owner Gene Tanaka says
means a new leasing contract is necessary.
An
agreement between T Bailey and the trust also would include the trust
convincing the other environmental groups to drop their appeals. However, Tom Glade of Evergreen Islands,
said that would depend on what T Bailey and the trust agree on, and whether the
other environmental groups can accept those terms.
At
the Thursday meeting, the Anacortes board of adjustment ruled that both groups
failed to file their appeal before the deadline.
The
Skagit Land Trust and a second group, which includes Evergreen Islands and the
Skagit Audubon Society, among others appealed the city’s clearing and grading
permit issued to T Bailey. The firm, already doing work at two other locations,
is planning to relocate to 9268 South March Point Road, adjacent to property
with a heronry with more than 400 nests.
Skagit Land Trust largely owns and oversees the property where the
heronry is located.
In
a 2-1 ruling, the board of adjustment decided the land trust and the second
group of environmental organizations missed the deadline, despite some
discussion that they might have been mislead by the city’s building department
staff. But sworn testimony Thursday
from city building official Ed Frank and city plans examiner Don Measamer
disputed that
“When
you miss the appeal period, you miss it.” Craig Magnusson, the Seattle attorney
representing T Bailey, said.
But
David Mann, representing Skagit Land Trust, argued that the groups had 14 days
from the date the permit was issued Aug. 13 and hand delivered by Measamer to T
Bailey. Magnusson said no, city
ordinance calls for a 10-day period to respond, and the trust and other clearly
missed that “window” of opportunity.
The
five-member board of adjustment, appointed by the mayor and approved by city
council, usually hears street vacations, yard setbacks and the like. Ken Wilson, George Mehler, Gary Coatney and
John Curtis are board members, along with chair Brad Snyder.
On
Thursday, Wilson was absent and Mehler was challenged by Magnusson, primarily
because he is a member of Skagit Land Trust.
Coatney and Curtis voted for denial, while Snyder voted against.
Following
the hearing, City Planning Director and City Attorney Ian Munce confirmed the
city will issue the building permit this week, which makes the ruling on the
grading permit moot at this point.
Even
though the two appeals urged the city to issue a stop-work order, Munce and the
city’s Seattle attorney, Steve DiJulio, advised city council not to, because
the city could be liable under its ordinances.
“When
we issue a building permit, that will trigger a whole new appeal back to the
board of adjustment,” Munce said.
Meanwhile
DiJulio will write a draft order for the board of adjustment, which will then
be reviewed at a special meeting at 7 p.m. Oct. 17 in City Hall Chambers.