A developer whose efforts to build an air condo development off 176th Street Southwest in Lynnwood have so far been stymied by hearings examiner’s decisions against it, had its appeal heard by a Snohomish County Superior Court judge Friday, May 23.
Judge Michael T. Downes did not issue a decision.
Brookstone Development LLC wants the county to rezone a 2/3-acre site at 17425 64th Ave. W in unincorporated Lynnwood, so it can build seven houses where one now sits.
Neighbors of the Maple Precinct neighborhood just east of St. Thomas More Catholic Church fought the plan and county hearings examiners three times ruled against the zoning change to Low Density Multiple Residential (LDMR), a designation that allows up to 12 houses per acre.
South County cities have complained that developments in LDMR zones have not met city design standards. The issue has taken on increasing urgency from the cities’ points of view, because some of them — such as Mukilteo and Lynnwood — want to annex urban growth areas by 2010.
After twice being rejected by hearings examiners, Brookstone appealed its case to the County Council, which reversed the hearing examiner’s ruling but asked county planners to more thoroughly examine the plan. A hearing examiner later rejected the proposal again.
On May 23, Brookstone attorney Duana Kolouskova argued the proposal “at every level meets or exceeds” requirements set forth in the Comprehensive Plan, the county’s land-use document.
But Snohomish County attorney Lara Heisler told the court neither Brookstone nor any developer “has a right to a rezone.”
“Brookstone’s proposed rezone changes the character of the Maple Precinct neighborhood, which is a direct contradiction of the comp plan,” she said.
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