HomeMy WebLinkAboutPublic Services December 11 1990WHATCOM COUNTY COUNCIL
PUBLIC SERVICES AND SOLID WASTE COMMITTEE
DECEMBER 11, 1990
1. NEW APPLICATION FOR A CLASS P LICENSE FOR LORI LAINE
HAZEN AND THOMAS EDWARD HAZEN FOR THE BASKET CASE,
741 EL CAMINO WAY, LYNDEN (AB90 -436)
IMHOF MOVED TO RECOMMEND APPROVAL TO COUNCIL.
The motion carried unanimously.
2. PETITION FOR ROAD VACATION, UNNAMED RIGHT -OF -WAY END
OF RAINBOW DRIVE IN GLENHAVEN, FILED BY MARY AND
CLIFFORD GRINNELL (AB90 -318)
Vanderpol read Henken's letter recommending denial.
Mary Grinnell, 21429 68th Avenue, W, Lynnwood: She said this is not the only
access to this property; the owners of Lot 16 bought in March then came in like gangbusters
and put a road onto their property causing damage to Lot 15. She said it would be very
dangerous to E. Alder Drive if they are allowed to make a further cut in the hillside.
Vanderpol asked Henken how the owners of Lot 16 could put in a driveway and not
affect the Grinnell's property. Henken said the problem started when the Schachts came
and provided access without having the property surveyed. The contractor strayed from the
easement across Lot 15 and damaged it. They should have stayed within the easement said
Henken as indicated on the trail permit. Vanderpol and Henken agreed the damage that
had been done to Lot 15 would have to be litigated between the two owners.
Robert Grinnell, son of Mary and Clifford Grinnell: He said they wanted to prevent
further damage; he said this is the same hillside that is considered too steep to access in
one area but ten feet away is not considered too steep for a trail permit. Cutting into the
hillside will cause further erosion and will continue to cause further damage to Lot 15. He
said they are not talking about compensation for damage that has been done but making
an effort to prevent further damage. He said the cul de sac was meant for Lots 15 and 17,
and Lot 16 was intended to access on E. Alder Street and it was even given an E. Alder
Street address. The right -of -way is entirely surrounded by private property. The Schachts
did not have permits in place when they did the work nor did they have a trail permit in
April, 1990 when they encroached on the Grinnell property.
Vanderpol explained that this committee cannot ethically close off access to an
owner. There was discussion among Henken and the three committee members on this
issue.
Fred Schacht, Bellingham, son of owners of Lot 16: My parents do possess a perk
permit to this lot. He agreed there was a slope and they are working with the engineers
to design a road that will work. The hillside from E. Alder is so steep that there is no other
access. The only feasible way to build a septic system is to put the drainfield where the
Grinnells have suggested they put the garage. They met with the Glenhaven Association
who have voted unanimously to recommend that this right of way should not be vacated as
they apparently have some kind of a pipe on it.
Vander Yacht said after reviewing both sides of this issue, he believes it would not
be wise for the Council to vacate this property.
HE SO MOVED.
The motion carried unanimously.
The Grinnells want some assurance the Schachts will specifically protect their
(Grinnell's) property by using a design engineer to design the roadway so that there will be
no further erosion.
Henken said it was a reasonable request and the Engineering Department would
have to approve the plan.
3. DISCUSSION WITH REPRESENTATIVES OF CAN (CITIZENS
AGAINST NON - REPRESENTATION) REGARDING THE ADMINISTRA
TION'S LETTER OF INTENT, PRESENTED TO THE COUNCIL AT
THE 12/4/90 MEETING (AB90 -419) 103-
There was discussion between the CAN members and the Committee members on
the wording of the Letter of Intent. Haney said he thought the Letter of Intent signing
would mean CAN may not pursue the referenda. Davis said it took 84 days to get a one
hour meeting with Van Zanten who then referred him to Bob Jurica.
Gould said the Council has to pass a flow control ordinance as it is in the interlocal
agreement. Watts said there will be a flow control but the specifics of it will have to go
through a public hearing. There would be no point in having a hearing if the Council had
agreed beforehand that they would pass it; the Council has to have the ability to hear
everything in the hearing.
The Council has said it probably will not question the validity of the referenda if the
Letter of Intent is signed.
Gould said it would give his group some trust that their needs would be looked after
if there was agreement on this issue.
The meeting was adjourned at 6:55
ATTEST:
B ara Maher, Deputy lerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
G. Vanderpol, Member `