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Real Briefings

City of Bellingham Hearing Examiner

BEL-HEX-2025-02-26 February 26, 2025 Public Hearing City of Bellingham
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The City of Bellingham Hearing Examiner conducted a public hearing on February 26, 2025, to consider the vacation of most of the Army Street right-of-way in Old Town. The petition, filed by Gabe Rogel as VAC-2024-001, seeks to convert the unused street right-of-way into surface parking for his planned climbing gym and 36-unit apartment project at 315 West Holly Street. Hearing Examiner Sharon Rice presided over the hybrid hearing, explaining her role as fact-finder who will issue a recommendation to City Council for final decision. The city's Technical Review Committee has recommended approval with conditions, and the vacation is explicitly supported by the Old Town Sub Area Plan, which states the city should support vacating Army Street. The right-of-way currently serves no transportation function, as it would terminate at railroad tracks. However, it contains mature trees on steep slopes classified as landslide hazard areas, and the Old Town plan calls for maintaining a view corridor to Bellingham Bay. Staff recommended approval with conditions requiring a view easement at Holly Street elevation and retention of utility easements. Only one member of the public testified, expressing support for the project while requesting preservation of some greenery and formal protection of the view corridor. The applicant agreed to follow tree removal regulations and confirmed the view corridor would be maintained. The record will remain open for two business days to accommodate any technology-related testimony issues, with the Hearing Examiner's recommendation due to City Council by March 14 or March 18, depending on whether additional public comment is received.

**VAC-2024-001 - Army Street Right of Way Vacation:** - **Status:** Public hearing completed; recommendation pending from Hearing Examiner - **Staff Recommendation:** Approval with conditions - **Key Conditions:** View easement at Holly Street …

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The Army Street vacation represents implementation of long-standing Old Town planning policy. The Old Town Sub Area Plan explicitly supports vacating this right-of-way, recognizing it has no transportation value since it would terminate at railroad tracks. The vacation aligns with broader Old Town revitalization goals and the comprehensive plan's urban village concept. Staff analysis confirmed the vacation meets all criteria in Bellingham Municipal Code Chapter 13.5. The right-of-way contains city utilities (sewer) and private utilities (natural gas) that will be preserved through retained easements. The steep slope contains mature trees subject to critical areas regulations under BMC Chapter 16.55, requiring case-by-case evaluation of any fu…
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**Gabe Rogel (Applicant):** Supports vacation for surface parking to serve his climbing gym and 36-apartment project. Committed to maintaining view corridor and following tree removal regulations. Open to underground parking garage in future but notes sewer relocation costs are prohibitive. Agreed to boundary line adjustment process with neighboring property owners. **Lindsay Kirchner (City Staff):** Recommends approval based on Technical Review Committee analysis. Confirmed vacation meets municipal code criteria and Old Town plan support. Emphasized view easement requirement and utility easement re…
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**Sharon Rice, on hearing examiner role:** "I am not the decision maker. I'm the fact finder, but it requires me, as fact finder, to be free from bias or prejudice." **Gabe Rogel, on project timeline:** "I've been planning a fairly good sized climbing gym for 5 years now, and we now have 36 apartments on top of the climbing gym and an occupied rooftop." **Alex McLean, on right-of-way assessment:** "This particular right of way, of course, doesn't [have transportation value], because it woul…
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- **Post-hearing public comment period:** Through February 28, 2025 (for technology-related issues) - **Staff/applicant response period:** Through March 4, 2025 (if post-hearing comments received) - **Hearing Examiner recommendation:** Due March 14 or March 18, 2025 - **C…

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The public hearing completed the fact-finding phase of the vacation process, with all testimony and evidence now in the record. The Hearing Examiner confirmed her role as neutral fact-finder and established the timeline for her recommendation to City Council. Staff's formal recommendation for approval with conditions is now part of the official record, providing the framework for final City Council consideration. The applicant's …
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## Meeting Overview On the evening of February 26, 2025, the City of Bellingham's Land Use hearing calendar convened in a hybrid format, with participants joining both in-person at City Council chambers and virtually via Zoom. Hearing Examiner Sharon Rice presided over the session, bringing her experience as a contract attorney serving Bellingham and nine other cities and counties in this specialized role. The sole item on the agenda was Project Number VAC-2024-001, officially titled the Army Street Right-of-Way Vacation. This straightforward but significant land use proceeding would determine whether a portion of Army Street could be formally vacated to support a mixed-use development featuring a climbing gym, 36 apartments, and rooftop space at 315 West Holly Street in the Old Town urban village. The atmosphere was businesslike yet collegial, with Examiner Rice carefully explaining the procedural framework while applicant Gabe Rogel brought an earnest, first-time participant energy to the proceedings. The evening would prove notable not just for the land use decision at hand, but for a spirited public comment that touched on everything from view corridors to zip lines. ## The Army Street Right-of-Way Vacation Proposal The hearing opened with City Planner Lindsay Kirchner (LINDSAY KIRSCHNER) providing essential context after taking her oath. She explained that the request involved vacating most of the Army Street right-of-way, located between West Holly Street and Roeder Avenue in the Old Town urban village. The area sits within Area 5 of the City Center neighborhood and carries commercial zoning designation. "There are existing city utilities and private utilities within the right of way, and these easements will have to be retained if the vacation is approved," Kirchner noted, establishing one of the key technical requirements that would thread through the entire discussion. Vehicle access to the right-of-way comes from Central Avenue via a private access easement that benefits both the abutting properties and Rogel's property at 315 West Holly Street. This easement arrangement, included …
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### Meeting Overview The City of Bellingham Hearing Examiner held a public hearing on February 26, 2025, to consider a petition to vacate most of the Army Street right-of-way in the Old Town urban village. Hearing Examiner Sharon Rice presided over the hybrid hearing to gather testimony and evidence that will form the basis of her recommendation to the City Council, which will make the final decision. ### Key Terms and Concepts **Right-of-way vacation:** The legal process by which a local government abandons its claim to a street or portion of a street, allowing the property to revert to adjacent private property owners. **Hearing Examiner:** An independent attorney who conducts quasi-judicial hearings for land use matters and makes recommendations to the decision-making body (in this case, City Council). **Burden of proof:** The legal requirement that the applicant must provide sufficient evidence to demonstrate their proposal meets all approval criteria. **Boundary line adjustment:** A process to modify property lines between adjacent parcels without creating new lots, which requires administrative approval. **View easement:** A legal restriction that protects sight lines from public areas, in this case maintaining views from Holly Street toward Bellingham Bay. **Old Town Sub Area Plan:** A planning document that guides development in Bellingham's Old Town urban village area. **Appearance of fairness doctrine:** A Washington State law requiring hearing officers to be free from bias and conflicts of interest. **Critical areas ordinance:** Local regulations protecting environmentally sensitive areas, including landslide hazard areas like the steep slope on Army Street. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | City of Bellingham Hearing Examiner | | Lindsay Kirchner | City of Bellingham Planner II | | Gabe Rogel | Appl…
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Land Use & Planning Government Operations VAC 2024 001 Cascade Natural Gas City Bellingham Technical Review Committee Alex Mclean Gabe Rogel Lindsay Kirchner Sharon Rice Apartment Development Boundary Line Adjustment Climbing Gym Comprehensive Plan Critical Areas Ordinance Landslide Hazard Old Town Development Right Of Way Vacation Surface Parking Tree Preservation Utility Easements View Corridor Protection