— from Bob Waunch, Aeroview Owners Association —
I’m referring to the recent Propane Tank decision in the middle of a residential neighborhood. This was a bad decision by both Judge Hancock and Hearing Examiner McLean.
It’s in black and white on the County Approved Plat Map – No Outside Storage and whatever is placed on the lot has to have a Residential Appearance. Please tell me how a 15,000 gallon propane tank and a chain link fence qualify for either required condition?
The county hearing examiner originally rejected the project — that was the correct decision. Then the property owners appealed to Judge Hancock — not here, but in Island County. No one locally was notified of this appeal and therefore were not represented at the hearing — so Judge Hancock approved the very one-sided appeal.
The subject property is surrounded on all four sides by homes — talk about a potential disaster waiting to happen, this is it. Another nearby propane tank recently had a leak and this same neighborhood had to be evacuated.
Other more appropriate properties have been offered to the property owners for placement of their tank. Their excuses for not relocating this huge tank are unacceptable.
So now we have two bad judicial decisions that ignore the rules that are in black and white.
How can we have any faith in our legal system — and why should we follow the rules if they don’t?
If anyone else thinks this is totally inappropriate and dangerous, please contact your county commissioners and let them know.
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Yes Bob you are right.it is a very wrong determination by the county leadership ,the judicial leadership,in spite of the very vocal opposition from the electorate.The neighborhood has every right to be concerned….but what is the recourse?
I believe the people can appeal this decision, legal advise is necessary now.
It’s worse! I said a 15,000 gallon tank in my article; it’s actually a 30,000 tank!
This is perplexing, how can something that is clearly a business/light industrial use be permitted to exist in a residentially zoned neighborhood? I know there’s limited light industrial zones properties on the island, but surely there must be one that would work for this use.
I’ve lived in other communities with propane storage and residential housing existing close together, but that was always in areas that were zoned appropriately for that business usage.
If the Hearing Examiner denied the citing of the propane tank then San Juan County’s attorney, the Prosecution Attorney’s Office, must defend that decision on appeal before Judge Hancock. Would be interesting to see what defense to the appeal our Council members instructed the PA’s office to put forward in Superior Court. Briefs should be available on-line or through a Public Request for Information. This would not be the first time that the Council has turned a blind eye to enforcing the Code.
I too thought this had been settled. Thank you for bringing this up Mr. Waunch. I find it endlessly disconcerting when impactful decisions for this island are made by those off island. Thank you also to Michael Durland for showing the steps to follow.