By Rachel Pritchett
rpritchett@kitsapsun.com
BAINBRIDGE ISLAND
Some two dozen citizens, most living in the Azalea Avenue
neighborhood near Wing Point Golf and Country Club, now are at
Bainbridge Island City Hall to look at fresh information about a
proposed 11-home development they have said in that past is not in
character with their neighborhood.
The same loafered and well-dressed group, appearing last night
before the Bainbridge Island City Council, accused Mayor Darlene
Kordonowy of overstepping her authority in helping to bring the
issue back from Kitsap County Superior Court, where it was slated
to go before a judge, to city Hearing Examiner Meredith
Getches.
The hearing examiner earlier turned down a conditional-use
permit needed for the project.
The project is called Wing Point Patio Homes. The club and its
developer, Capstone Partners, are proposing to build 11 closely
placed homes on a thin strip of the land just less than four acres
that is adjacent to the golf course. The club in past years had
wanted to place a golf driving range on its land there. That, too,
was turned down by the hearing examiner.
A ravine with a Class 4 stream borders the strip on the east,
and is a critical area. At issue is the exact location of the
western “top of the slope” that leads down to the stream. That line
determines how far the homes must be set back to create a buffer to
protect the stream.
Getches earlier denied the request, saying that the club and its
developer failed to provide enough information on exactly were that
line was.
The matter was appealed to Kitsap County Superior Court, which
in recent weeks remanded back to the city hearing examiner.
Last night, neighbors and City Hall watchers accused Kordonowy
of using a new city ordinance to facilitate the remand, thereby
giving the developers another change. Others accused her of trying
to avoid more lawsuits against the city.
Kordonowy strenuously denied that.
The ordinance in question allowed her to settle lawsuits of
$50,000 or less.
The mayor, said City Hall watcher Lin Kamer Walker, is now in
the business of making land-use decisions.
“The outcome is that a transparent public process has been
subverted,” she said.
In signing the remand “was unlawful and should be invalidated,”
said Azalea Way resident Karla Smith.
“Public confidence has been shaken,” said her husband,
Michael.
Neighbor Andy Peters demanded the law that allows the mayor to
settle lawsuits of $50,000 or less be rescinded.
“It allows the mayor to circumvent the judicial process,” he
told a grim-faced mayor.
City Attorney Paul McMurray came to the mayor’s rescue. The
city’s only settled a handful of suits, he said. It now has about
32 suits against it that aren’t getting settled.
“We don’t settle many of those cases at all,” he said.
Kordonowy said, “There is not a violation of due process.”
This morning, the same group reappeared at City Hall as the
hearing examiner received the remand and began to receive more
information in the case. The morning centered on additional
explanation on how “the top of the ravine” was determined. This
afternoon, neighbors are slated to deliver their opinions.
The hearing examiner is expected to rule again on the
conditional-use permit in several weeks.
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