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Real Briefings

City of Bellingham Hearing Examiner

BEL-HEX-2025-04-16 April 16, 2025 Public Hearing City of Bellingham
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The Bellingham Hearing Examiner held public hearings on two subdivision applications on April 16, 2025, both involving efforts to increase residential density through lot divisions. The first case, a straightforward two-lot subdivision on Humboldt Street, drew neighborhood opposition over parking and infrastructure concerns. The second case, a complex four-lot cluster subdivision with variances on Lynshire Avenue, highlighted tensions between environmental preservation and housing development goals. For the Humboldt Street short plat (SUB-2024-0054), applicant Jeremy Dish of Power Tech Surveying sought to divide a 7,500-square-foot lot in the Sunnyland neighborhood into two lots using the "one and a half rule" under Bellingham Municipal Code. The proposal would create a 4,350-square-foot lot with an existing house and a 3,150-square-foot lot for a new single-family residence with an attached ADU above a two-car garage. Staff recommended approval, but three public commenters raised concerns about parking strain, stormwater management in an unpaved alley, and neighborhood character impacts. The Cool Runnings cluster plat (SUB-2024-0032) presented far greater complexity. Applicant Bill Geyer, representing David Campbell and Kristen Danielson, proposed dividing 4.9 acres into four lots while placing 72% of the site in a conservation easement. The application included two variances: reducing required street improvements along Lynshire Avenue and allowing simultaneous clearing of all four lots rather than phased clearing. Staff supported the subdivision and street variance but opposed the clearing variance, citing municipal code requirements that prohibit clearing undeveloped lots without active building permits. Both hearings demonstrated ongoing tensions between Bellingham's housing goals and neighborhood preservation concerns, with residents questioning whether infill development adequately addresses infrastructure impacts and community character.

**Humboldt Street Short Plat (SUB-2024-0054):** - Staff recommendation: Approval with standard conditions - No formal vote taken (decision pending from Hearing Examiner) - Would create two lots using the one and a half rule - Requires setback compliance and tree retention plan for final plat - Must address private sewer line location through survey and easement **Cool Runnings Cluster Plat (SUB-2024-0032, VAR-2024-004, VAR-2025-0002):** - Staff recommendation: Approve cluster plat and infrastructure variance, deny cleari…

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The evening's hearings illuminated fundamental tensions in Bellingham's approach to residential infill development. For the Humboldt Street case, the technical question of lot division using the "one and a half rule" became a proxy debate over density impacts. Staff planner Simran Dhaliwal noted that while the project would add housing units, recent citywide parking requirement eliminations meant fewer parking spaces would be required than under previous regulations. This policy shift, implemented through a January 2025 interim ordinance, removes minimum parking requirements citywide for one year to address housing barriers. The Cool Runnings case presented more complex policy tradeoffs between environmental protection and housing development. Staff planner Ryan Nelson emphasized that the city's clearing code (BMC 16.60) serves specific purposes: minimizing vegetation destruction, maintaining existing vegetation as long as possible, encouraging vegetation incorporation into final site plans, and reducing lag time between clearing and construction. The applicant's professional team, including certified arborist Aubrey Stargell and engineer Martin Chelstead, argued that simultaneous clear…
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**Humboldt Street Case:** - **Applicant Jeremy Dish** defended the subdivision as appropriate infill development, noting the lot's 7,500 square feet exceeds the 5,000-square-foot minimum for the zone. He emphasized that the project creates additional parking compared to what currently exists and suggested that informal discussions with commenters could address technical questions about square footage calculations. - **Property owner Glenn Whitfield** clarified that the proposal would create one additional single-family home with a small studio ADU, not the larger ADU development that neighbors feared. He argued this approach would be less intensive than building two full ADUs without subdivision, which current code would allow. - **Neighbor Ann Grim** led opposition by documenting parking and infrastructure problems. She conducted a vehicle count showing 51 cars daily using the alley and questioned how additional units would function without addressing stormwater runoff problems and alley paving needs. She provided photographs of current conditions and challenged staff's characterization of the alley as "paved" when it consists of dirt and gravel. - **Neighbor Terry Sherman** expanded the critique to broader neighborhood character concerns, arguing that recent ADU development serves property owners' mortgage needs rather than affordable housing goals. Sherman cited specific rental rates of $2,500 per unit for nearby ADUs as evidence that infill development doesn't create affordable housing. - **Staff planner Simran Dhaliwal** supported approval while acknowledging neighbor concerns, noting that the city's policy direction through parking requirement elimination and middle housing initiatives encourages this type of development despite local infrastructure constraints. …
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**Ann Grim, on alley conditions:** "Our alley is already used as a street. This warrant another home, and an ADU? Absolutely not." **Terry Sherman, on development motivations:** "This isn't about providing housing. It's not altruistic. It's about making money and the rest of us that have lived there and can afford our mortgages have have kind of suffered." **Glenn Whitfield, on project scale:** "What we're doing is not building 2 big adus. We're. I'm trying to get permission to have a lot. …
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**Decision Timeline:** Both decisions are due May 2, 2025, if no post-hearing comments are received. If technology-related public comments are submitted by April 18, 2025, responses would be due April 22, 2025, with decisions due May 6, 2025. **Cool Runnings Project Phases:** If approved, David Campbell indicated development would occur over 3-10 years, with his family residence on Lot 1 built first, followed by Lots 2 and 3 (sharing a common driveway), then Lot 4. **Infrastructure Requirements:** Cool Runnings must complete public facilities plans for water, sewer, and street improvements, plus individual stormwater detention systems for each lot. The project…

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The evening's hearings established formal records for both subdivision applications but produced no immediate policy changes. However, several status updates emerged during testimony that shift the regulatory landscape for both projects. For the Humboldt Street case, staff confirmed that January 2025 interim parking regulations now eliminate minimum parking requirements citywide, meaning the applicant could resubmit under more permissive rules if desired. The hearing also clarified that the actual lot size is 7,500 square feet based on professional survey, resolving discrepancies with assessor and GIS data showing 7,405-7,510 square feet. For Cool Runnings, the most significant change was confirmation that the city issued a critical areas permit on April 9, 2025, approving all wetland impacts and mitigation plans. This removes environmental…
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# Land Use Hearing Examiner Meeting — Two Subdivision Projects in Bellingham ## Meeting Overview On the evening of April 16, 2025, Hearing Examiner Sharon Rice convened a dual land use hearing in Bellingham City Council chambers to consider two subdivision applications. Rice, an attorney who serves multiple Western Washington jurisdictions as a hearing examiner on contract, presided over what would become a lengthy technical session addressing complex development proposals in established neighborhoods. The meeting was conducted in hybrid format, with participants attending both in-person and virtually via Zoom. The first application concerned a straightforward two-lot subdivision on Humboldt Street in the Sunnyland neighborhood. The second involved a more complex four-lot cluster development on Lynnshire Avenue with significant environmental constraints and preservation requirements. ## The Humboldt Street Short Plat — A Neighborhood Density Debate The first matter addressed a proposal by Glenn and Catherine Whitfield to subdivide their 7,500 square foot property at 2726 Humboldt Street. The application, represented by Jeremy Dish from Power Tech Surveying, sought to use Bellingham's "one and a half rule" to create an additional lot from the existing property. Staff planner Simran Dhaliwal, making his first appearance before the hearing examiner, presented the city's analysis. The existing single-family home would remain on the western portion of the original lot, while a new 3,150 square foot lot would be created on the eastern side. The proposal met minimum lot size requirements for the Residential Single Detached zone and included provisions for required parking and utility connections. Dish explained the surveying details, noting discrepancies between various database measurements of the property: "The county assessor and treasurer does still identify the property as 0.17 acres, which is the 7,405 mentioned in item one of that April 16th letter. City IQ identifies it as 7,510.…
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### Meeting Overview The Bellingham Hearing Examiner held two land use public hearings on April 16, 2025: the Humboldt Street Short Plat and the Cool Runnings Cluster Short Plat with variances. Hearing Examiner Sharon Rice presided over both applications, which involved subdividing existing residential properties. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney who makes quasi-judicial land use decisions for cities. Unlike city council members, hearing examiners focus solely on whether applications meet specific legal criteria. **Short Plat/Subdivision:** A process to divide one piece of property into multiple lots. Short plats typically create 2-9 lots and go through a streamlined approval process. **Cluster Short Plat:** A type of subdivision that groups homes on smaller lots while preserving larger areas as open space. Allows more flexible lot sizes in exchange for protecting natural features. **One-and-One-Half Rule:** A Bellingham code provision allowing property owners to create one additional lot if the original lot is at least 1.5 times the minimum lot size for the zone. **ADU (Accessory Dwelling Unit):** A smaller, secondary housing unit on the same lot as a primary residence. Often called "granny flats" or in-law units. **Variance:** Permission to deviate from normal development standards when strict application would cause practical difficulties or unnecessary hardship. **SEPA (State Environmental Policy Act):** Washington's environmental review process requiring analysis of potential environmental impacts before major decisions. **Critical Areas:** Environmentally sensitive lands like wetlands, steep slopes, or wildlife habitat that receive special protection under city and state laws. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (contract attorney) | | Christy Bowker | Hearing Clerk | | Simran Dhaliwal | City Planner (new to department) | | Jeremy Dish | Project Land Surveyor, Powertech Surveying | | Glenn Whitfield | Property Owner (Humboldt Street) | | Catherine Whitfield | Property Owner (Humboldt Street) | | Ann Grim | Neighbor/Public Commenter | | Terry Sherman | Neighbor/Public Commenter | | Bill Geyer | Project Representative, Geyer and Associates | | David Campbell | Property Owner, Cool Runnings Construction | | Ed Miller | Wetland Scientist, Miller Environmental Services | | Aubrey Stargill | Certified Arborist and Forester | | Martin Chelstead | Professional Engineer | | Ryan Nelson | Senior City Planner | | Jason Polis | Neighbor/Public Commenter | ### Background Context Both applications represent "infill" development—build…
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Housing Land Use & Planning Environmental Government Operations SUB 2024 0032 SUB 2024 0054 VAR 2024 004 VAR 2024 004 VAR 2025 0002 City Bellingham Cool Runnings Construction Geyer Associates Lummi Nation Wetland Bank Miller Environmental Services Power Tech Surveying Ann Grim Aubrey Stargell Bill Geyer David Campbell Ed Miller Glenn Whitfield Jason Polis Jeremy Dish Martin Chelstead Ryan Nelson Sharon Rice Simran Dhaliwal Simran Dhaliwal Terry Sherman Place Humboldt Street Place Idell Avenue Place Lynshire Avenue Place Sunnyland Neighborhood Accessory Dwelling Units Cluster Subdivisions Environmental Review Housing Policy Infill Development Land Use Policy Middle Housing Neighborhood Character Parking Requirements Stormwater Management Subdivision Approval Tree Preservation Variance Applications Wetland Mitigation