Snohomish County Council affirms hearing examiner decision on Bluejay subdivision appeal

ARLINGTON, Wash. — The Snohomish County Council on Friday directed staff to prepare a written motion affirming the Snohomish County Hearing Examiner’s March 31, 2026, decision to approve the Bluejay RCS two‑lot rural cluster subdivision, voting unanimously after a closed‑record appeal hearing.

Council staff summarized the administrative record and timeline, noting the application by Robinette Investment LLC covered 7.15 acres zoned R‑5 and proposed two lots accessed from 197th Street Northeast. Deb Evison Bell, council staff, told the council that the Hearing Examiner approved the preliminary subdivision with conditions including Nos. 15 and 24, that the appeal had been filed on April 14, 2026 (with one condition withdrawn April 17), and that the council must issue a written decision by June 13. "Council staff will draft [the] written motion to be adopted by the council based on direction provided at this hearing," Bell said.

Martin Robinette, the applicant and managing member of Robinette Investment Company, sought modification or deletion of conditions 15 and 24. Robinette argued the Hearing Examiner erred in restricting ownership of certain restricted or interim open space tracts to homeowners associations and asked that the council apply the language of Snohomish County Code 30.41C110(2), which lists acceptable owners as a single property owner, a homeowners association, a public agency or a not‑for‑profit organization. "I'm asking that those two conditions... be revised to mimic what is said by code," Robinette said.

After the oral arguments and a brief executive session under state open‑meetings law, a council member moved to direct staff to prepare a written motion affirming the Hearing Examiner’s decision and adopting its findings and conclusions. The motion was seconded, called for a vote and passed unanimously; the chair signaled the affirmative vote and the council recorded the measure as approved. The council confirmed the motion drafting will appear on the administrative agenda on June 2 at 9:00 a.m. and that the written decision must be issued in time to meet mailing deadlines.

The hearing record includes the Hearing Examiner’s decision (dated March 31, 2026), the April 14 appeal, and a subsequent withdrawal of the challenge to condition 10 on April 17. The council’s written decision will state findings and conclusions and may affirm, reverse, remand or correct the Hearing Examiner’s decision; here, council direction was to affirm. The council adjourned after taking action.

Next steps: staff will prepare the written motion for the June 2 administrative meeting; any further legal challenge would proceed through the Land Use Petition Act to Superior Court.