Skagit County judge overturns permit
for Trash to Treasures project
posted 04/03/04
Thursday, April 1, 2004, Skagit County Superior Court Judge Michael Rickert ruled that the conditional use permit for the Trash to Treasures Project was issued in error. Judge Rickert ruled on an appeal filed by Claudia Mills.
The ruling was a disappointment to public officials who had spent the last four years working on the project. Commissioner Darcie Nielsen said, "This is tragic for the people of San Juan Island. We have inadequate facilities. We submitted a great application for a solid waste facility that is safer, quieter and better for the environment. I guess the saving grace of all of this is that the technicality the judge relied upon can be fixed by the commissioners."
Public Works Director Jon Shannon said, "We are frustrated. We followed all the procedures set out by the Permit Center. The project is viewed as a model for how citizens can separate unwanted items from garbage. Department of Ecology has endorsed this as a model project. We own the property. It has rock outcroppings and poor soils. We have the support of all but one person who lives in the neighborhood. The County has the ability to designate this land for this project, and we can do that. It will just take more time."
The principal issue in the case was whether a restriction on the development of parcels for agricultural land (no more than 20 percent) would apply to an essential public facility. The Hearing Examiner said that such a limitation would "preclude" the proposal and, therefore, would conflict with the provisions of the Growth Management Act that are designed to assure such facilities are not prohibited.
But, Judge Rickert said that the state law is aimed at communities that have adopted the rules prohibiting the siting of essential public facilities within the community, such as zoning that prohibits solid waste facilities altogether. According to Judge Rickert, the maximum development limitation for the land use district is applicable and, therefore, the Hearing Examiner should have denied the project. Judge Rickert said, "The County jumped the gun."
In addition, Judge Rickert said that the reduction in waste with a thrift store/builders exchange is not an "essential public facility," and the planner taking in the application erred when she didn't require the applicant to specify a water source and storm water plan for the entire project.
Prosecutor Randall K. Gaylord said that he will discuss the ruling and its implications with the Board of County Commissioners next week. There are several approaches to take, said Gaylord, but they all take time. According to Gaylord, "The County can seek reconsideration, the County can appeal the decision, the County can amend its essential public facilities ordinance, the County can change the designation of the property to Rural Industrial, and the County can look for a different property for this facility."
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