Anacortes American, 11/20/02
BY NANCY WALBECK
The Anacortes Board of Adjustment affirmed Thursday a ruling denying two appeals related to the T Bailey building site on South March Point Road, an action that previously was deemed invalid because city regulations were not followed.
On Thursday, No. 14, the board of adjustment voted 3-1 to deny the appeal. The five member board with on member recused, took the second vote at the public hearing in City Hall Council Chambers. A previously absent board member, Ken Wilson, reviewed the record and previous testimony related to the case, then voted with the majority.
The appeals were filed by a consortium of environmental groups, who said the city should not have issued a clearing and grading permit for the T Bailey sit, as it was written. A heronry borders one part of the property and several environmental groups maintain not enough protection is in place to protect the herons, especially during the nesting phase.
But the city said the appeals were field past their deadline and the board of adjustment upheld that view with the 3-1 vote. Although attorneys for T Bailey and the environmental groups said allowing Wilson to review and vote on the issue was not allowed, the city’s Seattle attorney, Steve DiJulio, said the city’s position was correct. City attorney Ian Munce said the matter can be appealed, if the various parties choose to do.