— by Rick Fant —
Following is the written statement of Rick Fant’s public presentation to the County Council on May 21, 2018:
Inter-Island Propane Conditional Use Permit (CUP) [allowing] installation of 30,000 Gal propane tank
• Rick Fant: representing a majority of owners on Aeroview Lane [and Seaview Street] in Eastsound
• CUP for Inter-Island Propane: The owners have been opposing the granting of a CUP to allow Inter-Island Propane to install a 30,000 gallon propane tank and to operate a distribution site that will involve large trucks
• Location of Propane facility: The unmanned storage and filling station is to be located on a lot that is zoned service light industrial; but is surrounded by residential homes and hangar-homes on all four sides. Access will require using Seaview St and private road Aeroview Ln to provide turning space for large trucks (still unclear if adequate turning radius exists
• CUP process has been ongoing since May 2017:
o Community development staff recommended approval: we believe they did not apply the CUP regulations correctly (fire suppression, 2 viable evacuation routes, adjacent property impact, adequate vehicle access)
o Hearing examiner denied CUP: in the hearing adjacent residents, Inter-island Propane, ESWU and Airport Management all provided input. Hearing Examiner Sharon Rice cited, among other items that inadequate water flow for fire suppression (more than 500 gph) and lack of emergency evacuation routes (the airport is not a route) as reasons for denial
o Inter-Island Propane filed an appeal on October 23, 2017 citing among other items, that Hearing Examiner did not get the facts correct
o San Juan County attorney (Amy Vira) filed brief on February 28, 2018
o Inter-island Propane objected to Judge Loring – Judge Hancock in Island County heard the appeal on April 20, 2018 and issued a ruling that the CUP proceed
• The Inter-Island Propane appeal of October 23 erroneously states the facts:
o The appeal is based on three alleged errors: water flow, evacuation route and failure to consider facility as an “essential public facility”
o The argument for the errors in the hearing examiners ruling:
§ The tank is absolutely safe – a lot of mumbo-jumbo from expert(s) that the tank could never have a problem. Deepwater Horizon and Feb 17, 2015 Eastsound propane incident demonstrate that accidents happen, we need to plan for an accident
§ Applicant will build adequate fire suppression facilities and ESWU say they can supply 500 gpm. ESWU did not say that 500 gpm was possible
§ Other propane tanks have been approved. The other tanks are at 300 Seaview St – the end of the road and far away from homes;[ and in the industrial park near Blanchard Street and Mt. Baker Road}. The fuel tank at the county yard is not active
§ Emergency route can be via the airport. Airport Management have reiterated that the airport is not authorized as an access route
§ Not essential. It’s worth noting that other suppliers exist at competitive prices – and that others have come and gone leaving a mess (Vander Yacht)
• Residents not involved:
o We understand that residents were not a party to the appeal process and therefore not notified. But, feel that the venue was deliberately moved to Island County to avoid any input from residents. We were looking on San Juan county docket to see any activity; the move to Island County was a clear attempt to hide the appeal from Orcas residents
o Since all parties is this proposed CUP live on San Juan Island, residents feel that this “off islanders” forcing their will on Orcas residents
o The most important point in all this bureaucratic process is being lost – that the use of a lot on Aeroview Ln as a propane distribution point is incompatible with the neighborhood
• Judge Hancock’s ruling is wrong: The Island County Judge did not receive correct information
• We request: That the commission immediately instruct the staff to file an appeal based
on clear mis-statement of facts by Inter-Island Propane in the October 23 lawsuit
• Act now: In reading the LUPA appeal process, it seems any appeal must be filed within
21 days; that’s May 21, 2017 (today)
(Editor’s note: The Council declined to appeal the decision of Judge Alan Hancock allowing a Conditional Use Permit to Inter-Island Propane to install a 30,000 gallon propane fuel tank at 27 Aeroview Lane)
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As a long time resident of Seaview Street, this decision is so wrong on so many levels it breaks my heart and makes me angry. Not only does this put my life, my home and my entire neighborhood at great risk because of our close proximity to 30,000 gallons of propane, it also adds the daily danger of routing large propane trucks to the single-lane dead-end and densely populated Seaview Street that houses many low-income families.
An accident (and we’ve had at least one propane accident evacuation in the not too distant past) would again create mayhem or even destructive and deadly consequences without an ample supply of EWUA water in an area that is impossible to safely re-route traffic out of a dead-end street.
In addition it’s probably fair to say we can all kiss our property values goodbye.
Hard to imagine how anyone who knew the facts could have felt that creating a propane storage and distribution facility in this neighborhood was a fair and just decision.
I cannot believe that the County isn’t appealing, after effectively denying residents the opportunity to participate by representing that it would defend the Hearing Examiner decision but failing to raise or challenge critical points AND failing to inform the resid nets after promising to do so.
County apparently complicit w/runaround to another court, eh what? Why is it that the Council nowadays feels like a vehicle for power to business interests? Commerce over common sense? Sneaky power moves, IGNORING the value of public participation & input, kinda ridiculing informed input, do they know they get paid to represent us? & what more $ must be avail to make them ignore public safety!!! for a biz interest.
Smells fishy to me — out of line, County Council!!!
This is an appallingly poor decision, by our County leaders, and by Judge Hancock. The best interests of the citizens of Orcas Island have not been addressed.
This matter will not be laid to rest and I think San Juan County may find it’s being sued soon, by the very people our County Commissioners are supposed to represent.
Bad move.
When’s the next election?
To clarify, the case was heard in another county because that is required when a County decision like this is appealed.