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Judge reverses county's conditional-use permit for marina; committee tables next step pending appeal
Summary
A judge reversed a county conditional-use permit granted to Westrod Industries/John Stoss, finding shoreland protections, lot-size and pier rules were not applied and that the record lacked substantial evidence; county counsel said the order requires reversal and the owner may appeal. The zoning committee voted to table action while the county explores an appeal.
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County legal counsel summarized a May 13 order that reversed a conditional-use permit the county had granted to Westrod Industries, owned by John Stoss. "Judge Strathwaan did determine that the zoning agency acted on an incorrect theory of law," counsel said, adding the judge found the county failed to apply shoreland zoning, lot-size and pier/slip capacity requirements and lacked statutory authority to authorize a marina in a C4 district.
Courtney Iverson of the county's corporation counsel office told the committee the judge also found the record lacked "substantial evidence" to support the permit and said verbal promises without documentation do not meet the standard. Iverson said the order directs the county to reverse the conditional use permit and noted that the property owner may pursue other options, including reapplying with additional evidence or appealing the order. "At this point all she's ordered us to do is reverse the conditional use permit," Iverson said.
Committee members asked whether the owner could seek additional evidence or appeal. Iverson replied that an appeal is possible and that the county is currently exploring that option. After discussion the committee voted to table further action until the status of any appeal is clear. The motion to table was offered and seconded and passed without opposition, leaving the conditional-use permit formally reversed by the court order but the committee's next administrative steps pending legal review and any appeal.
