City of Bellingham Hearing Examiner
On August 9, 2024, Hearing Examiner Sharon Rice convened a pre-hearing conference for an appeal filed by A.C. Griffith and North Coast Credit Union (collectively, the appellant) challenging a June 8, 2024 administrative decision by the City of Bellingham. The appeal, assigned file number USC-2024-0016, was received by the city on July 12, 2024, and concerns a permit issued for a tiny home village project on a property in which North Coast Credit Union holds an interest — specifically, a surface parking lot on which the permitted development would eliminate 75 of 81 existing marked parking spaces. The conference was procedural in nature, focused entirely on establishing a discovery and motions briefing schedule and setting an appeal hearing date. No testimony on the merits was taken. The primary substantive tension during the conference was scheduling: the City of Bellingham indicated urgency in resolving the appeal quickly, as the tiny home village project is intended to relocate residents from existing tiny home villages before the end of 2024. The appellant, meanwhile, sought adequate time to conduct limited discovery before responding to an anticipated city dispositive motion. After extended negotiation, the parties reached agreement on a compressed but workable schedule. The appeal hearing was set for October 18, 2024. Key scheduling milestones include a discovery request deadline of August 21, a city discovery response and motions deadline of September 4 and 11 respectively, and a ruling on motions by October 2. Hearing Examiner Rice noted she has a related prior pre-hearing conference in her file involving overlapping parties and a related appeal of a related administrative decision, though she did not closely review that prior matter for purposes of this conference. She indicated she would be appearing remotely for the hearing, consistent with her practice since March 2020. The appeal involves contested issues of legal and factual error in the city's admi
This was a procedural pre-hearing conference. No votes were taken and no formal land use decisions were made. The following procedural agreements and scheduling determinations were reached: **1. Timeliness of Appeal** - Appeal (USC-2024-0016) confirmed timely filed. - Filed: July 12, 2024 (last day of appeal period). - No party challenged timeliness. **2. Hearing Format** - All parties agreed the appeal hearing will be conducted virtually or in hybrid format, with Hearing Examiner Rice appearing remotely. - All document exchange will occur electronically (no hard copy exchange). **3. Discovery Process** - Appellant (Carmichael/Pfeiffer) requested limited discovery related to injury to the property, easement impacts, and parking. - City (Erb) acknowledged prior informal discussions with appellant's counsel regarding discrete information requests. - Hearing Examiner Rice noted the city's hearing examiner rules do not contain formal discovery provisions but agreed to incorpor…
| Date | Deadline / Event | |---|---| | August 21, 2024 | Appellant submits discovery request (document production requests and written questions) to city | | September 4, 2024 | City responds to appellant's discovery request; city's dispositive motion due; appellant's dispositive motion due (same date) | | September 11, 2024 | All parties' dispositive motions due | | September 18, 2024 | All parties' responses to motions due | | September 25, 2024 | All parties' replies to responses due | | October 2, 2024 | Hearing Examiner Rice issues ruling on all dispositive motions | | October 2–4, 2024 | Hearing Examiner Rice out of office (Hearing Examiner Association Conference) | | October 11, 2024 | Exhibit lists, exhibits, and witness lists exchanged by all parties | | October 16, 2024 | City of Bellingham evening permit hearing (Rice already …