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City of Bellingham Hearing Examiner

BEL-HEX-2025-01-22 January 22, 2025 Public Hearing City of Bellingham
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The Bellingham Hearing Examiner conducted two complex land use hearings involving variance requests for challenging development sites. Both cases highlighted the ongoing tension between property rights and environmental protection in Bellingham's constrained topography. The first hearing addressed Scott Wickland's request for a public works variance at 1109 18th Street, seeking permission to extend an existing concrete driveway rather than build a standard residential street on terrain with grades exceeding 23%. The variance would allow access via an existing 10-foot-wide concrete driveway built in 2021 to serve the adjacent 1112 18th Street property. Public Works staff recommended approval, citing the infeasible 23% grade that exceeds the city's 15% maximum standard. The second hearing involved Trent Slusher's proposal to build a three-story home at 119 Ashley Street, requiring both critical area and zoning variances. The 8,000-square-foot lot is entirely within Lincoln Creek's 75-foot buffer zone. Slusher requested reducing the buffer to 23.5 feet and the front yard setback from 20 to 5 feet. Planning staff recommended approval with extensive conditions. Both hearings generated significant public opposition focused on safety concerns and environmental protection. The 18th Street case drew concerns about vehicles meeting nose-to-nose on the narrow, steep driveway with blind curves. The Ashley Street case prompted testimony from environmental advocates and neighbors worried about flooding, landmark tree removal, and cumulative creek impacts. Hearing Examiner Sharon Rice took extensive testimony and admitted multiple post-hearing documents, holding the record open through January 24th for technology-related public comment and applicant responses. Written decisions are expected by February 7-11, 2025, depending on post-hearing submissions.

**18th Street Variance (VAR 2024-0009):** - No decision rendered; written decision due February 7-11, 2025 - Public Works staff recommended approval - Key issue: Alternative to building standard street on 23% grade terrain - Safety concerns raised about 10-foot-wide shared driveway access - Applicant already installed fire hydrant at Knox/18th intersection - Stop work order issued for gravel work done without permit **Ashley Street Variances (CAP 2024-0055 & VAR 2024-0010):** - No decision rendered; written decision due February 7-11, 2025 - Planning staff recommended …

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**18th Street Grade Variance Challenges:** The 18th Street case exemplified Bellingham's struggle with steep terrain platted in the 1800s before modern engineering standards. The 23-24% grade far exceeds the city's 15% maximum for residential streets, making standard development infeasible. Public Works Manager Brent Baldwin explained that the department relies on the City of Bellingham Development Guidelines and Improvement Standards, which establish these grade limits for safety and maintenance reasons. The case revealed tensions between property rights and safety standards. While applicant Bruce Ayers argued that Wickland has the same right to access his platted lot as the adjacent 1112 18th Street property received in a previous variance, neighbor Mackenzie Funk raised detailed safety concerns about the existing 10-foot-wide concrete driveway with blind curves and steep grades preventing two vehicles from passing safely. Baldwin acknowledged the department lacks specific standards for private driveways, creating regulatory ambiguity. He suggested potential mitigation through widening the proposed gravel connection point to allow vehicle passing, but couldn't specify engineering standards or requirements. The hearing highlighted gaps in city code for addressing shared private access on extreme topography. **Ashley Street Environmental Protection:** The Ashley Street case epitomized the conflict between development pressure and environmental protection in Bellingham's urban creeks. The lot sits entirely within Lincoln Creek's 75-foot buffer, requiring significant variance for any development. Environmental Planner Amy Dearborn explained that strict code application would render the property "completely unbuildable," necessitating reas…
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**City Staff Positions:** Public Works Development Manager Brent Baldwin supported the 18th Street variance, emphasizing that the 23% grade makes standard street construction infeasible and that emergency access concerns were addressed through fire department staging from Knox Street. He acknowledged safety concerns about the narrow driveway but maintained approval was appropriate given the existing platted lot's access rights. Planning staff took a measured approach on Ashley Street, with Amy Dearborn and Steve Sundin emphasizing reasonable use requirements under state law while acknowledging environmental sensitivity. They argued the proposal represents appropriate balance between development rights and environmental protection, noting consistency with other Lincoln Creek corridor variances. **Applicant Arguments:** Bruce Ayers, representing Wickland, argued for equal treatment, noting that the identical variance was previously granted to 1112 18th Street for the same topographic constraints. He emphasized that the variance applies only to 1109 18th Street and doesn't establish broader access rights. Trent Slusher positioned his A…
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**Sharon Rice, on legal standards:** "The applicant is the party who bears the burden of proof. That term burden of proof simply means the applicant is the party whose job it is to provide evidence that successfully demonstrates the requested permit or the proposed project complies with the criteria for permit approval." **Brent Baldwin, on topographic challenges:** "18th Street right-of-way is in excess of over 20 to 23, 24% grade. The request tonight for the variance is to not have to build …
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**Decision Timeline:** Written decisions for both cases expected February 7, 2025, if no post-hearing public comment is received. If post-hearing comment is submitted by January 24th, staff and applicant responses due January 28th, with decisions due February 11th. **18th Street Follow-up Actions:** If variance approved, land disturbance permit review will proceed. Critical areas permit already approved by Planning Department. Stormwater management plan required. Public Works inspection required for any construction, similar to process used for existing concrete driveway. **Ashl…

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**Regulatory Gaps Revealed:** The 18th Street hearing exposed the lack of city standards for private shared driveways, creating uncertainty about safety mitigation requirements. Public Works acknowledged having standards for city-maintained roads and alleys but not private access ways serving multiple properties. **Environmental Review Process:** The Ashley Street case demonstrated implementation challenges for the new landmark tree ordinance, particularly regarding health assessments for trees meeting size thresholds. The hearing revealed differences between technical tree preservation requirements and practical development constraints. **Precedent Development:*…
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# Bellingham Hearing Examiner — Two Critical Land Use Decisions ## Meeting Overview The January 22, 2025 Bellingham Hearing Examiner session addressed two complex land use matters that reveal the ongoing tension between property rights and environmental protection in Bellingham's hillside neighborhoods. Hearing Examiner Sharon Rice, conducting the hybrid proceeding from her remote location, presided over a public works variance request for 18th Street access and a critical areas variance for development near Lincoln Creek on Ashley Street. Both cases involved steep terrain, established driveways, and neighbors concerned about safety and environmental impacts. The 18th Street matter centered on Scott Wickland's request to access his property at 1109 18th Street by extending an existing concrete driveway originally built to serve 1112 18th Street. The Ashley Street case involved Trent Slusher's proposal to build a three-story house at 119 Ashley Street while reducing the required creek buffer from 75 feet to 23.5 feet. Both hearings drew passionate public testimony about precedent, safety, and the city's obligation to protect critical environmental areas. ## The 18th Street Access Dilemma The first hearing opened with Public Works Development Manager Brent Baldwin explaining that 18th Street's grade exceeds 20-24% in the area, making it infeasible to build to the city's maximum 15% street grade standard found in the Development Guidelines and Improvement Standards. The variance would allow Wickland to connect his property to an existing concrete driveway that serves neighboring 1112 18th Street, which received similar approval years earlier. Bruce Ayers, representing Wickland, emphasized the precedential…
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## Meeting Overview The Bellingham Hearing Examiner convened on January 22, 2025 to hear two land use applications. The first was a request for a public works variance to allow access to 1109 18th Street without building to full street standards. The second was a request for critical area and zoning variances for a single-family home at 119 Ashley Street. ## Key Terms and Concepts **Public Works Variance:** An exception to city requirements for building streets to full municipal standards, typically granted when topographical constraints make standard construction infeasible. **Critical Areas Variance:** Permission to reduce required buffer zones around environmentally sensitive features like streams, wetlands, or steep slopes when strict application would prevent reasonable property use. **Ordinary High Water Mark:** The line on the bank established by the fluctuations of water, used by biologists to determine stream boundaries and required buffer zones. **Conservation Easement:** A legal restriction on a property that permanently limits development to protect environmental features while allowing the owner to retain title. **Landmark Tree:** Under Bellingham's ordinance, trees meeting specific size criteria (typically 42+ inches in diameter) that receive special protection requiring city approval for removal. **Reasonable Use:** A property owner's right to economically viable use of their land, which cities must balance against environmental protection requirements. **Mitigation Sequencing:** The required approach of first avoiding impacts, then minimizing them, and finally mitigating unavoidable impacts through restoration or replacement. ## Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner | | Brent Baldwin | Development Manager, Public Works Department | | Bruce Ayers | Land Surveyor/Consultant for Scott Wicklund | | Scott Wicklund | Applicant (1109 18th Street) | | Mackenzie Funk | Neighbor (1112 18th Street) | | Trent Slusher | Applicant/Owner-Builder (119 Ashley Street) | | Steve Sundin | Senior Planner | | Amy Dearborn | Environmental Planner | | Ed Miller | Biologist, Miller Environmental Services | | Michael Fear | Executive Director, Walk a Million Trees | | Randy Sanders | Neighbor (4062 Consolidation Avenue) | | Scott Sanders | Son of Randy Sanders | | George Sanders | Neighbor (4062 Consolidation Avenue) | | Joseph Paquette | Neighbor (116 South 41st Street) | ## Background Context Both properties prese…
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Land Use & Planning Environmental Government Operations CAP 2024 0055 VAR 2024 0009 VAR 2024 0010 Landmark Tree Committee Planning Department Public Works Department Walk Million Trees Project Amy Dearborn Brent Baldwin Bruce Ayers George Sanders Joseph Paquette Mackenzie Funk Michael Fear Randy Sanders Ryan Nelson Scott Sanders Scott Wickland Sharon Rice Steve Sundin Trent Slusher 18Th Street Variance Ashley Street Development Buffer Reductions Critical Area Buffers Critical Areas Protection Driveway Safety Environmental Review Flooding Concerns Land Use Variances Landmark Tree Ordinance Lincoln Creek Protection Mitigation Planning Public Works Standards Reasonable Use Standards Steep Slope Development