City of Bellingham Hearing Examiner

**Topic 1: ADU Integration with Infill Toolkit and Cluster Subdivision** The Diamond Deemer project represents an early application of Bellingham's updated ADU regulations, adopted in response to state legislation (approximately August 2023). The applicant described the process of reconciling three overlapping regulatory frameworks simultaneously: the cluster subdivision code, the infill toolkit housing forms (BMC 20.28), and the new ADU rules. Originally, the design contemplated four townhouse lots each with two attached ADUs. Senior Planner Bell suggested that placing each structure on its own small lot — rather than attaching ADUs to townhouse lots — would be functionally equivalent under the code (given the close alignment of ADU rules and small-lot infill toolkit requirements) while creating more saleable fee-simple lots and broader homeownership opportunities. The project pivoted to this design, yielding seven new saleable lots plus the retained existing home lot. Hearing Examiner Rice clarified that while there are 8 fee-simple lots, there are 10 new dwelling units being added, for a total of 11 units on the site including the existing home. **Topic 2: Owner Occupancy and ADU Regulations** Senior Planner Bell noted that, pending full implementation of state ADU regulations, the city still requires owner occupancy of one unit in single-family zones. This requirement does not apply in multifamily zones. The city's regulations allow condominium-ization of a lot so that the ADU can be sold independently of the primary unit, though Bell noted that is not the proposal before the examiner and would not be subject to city review in any case. Hearing Examiner Rice and Bell agreed not to explore this issue further, as it was not germane to the application. **Topic 3: Tree Removal and Critical Area Tradeoffs** The project's single pre-hearing public comment raised concerns about tree removal, particularly along the north property line. Taysi testified that the design required tradeoffs between preserving the wetland critical area buffers (which constrain the south and east portions of the property), achieving housing density targets, and locating access at the East Bellsfair Parkway/Deemer Road intersection for traffic safety alignment. The tree removal along the north frontage was described as unavoidable given the requirement to align access with that intersection. Taysi directed the examiner to the findings of fact in the Consolidated Permit decision for a more detailed analysis of this tradeoff. **Topic 4: Consolidated Permit Relationship and Appeal Risk** Bell explained the…

**Ali Taysi, Applicant Representative (1708 F Street, Bellingham)** Testified in support of the application. Described the project as a balanced design navigating wetland critical areas, housing density goals, and traffic access constraints. Accepted all proposed conditions without objection. Addressed the one public comment received (tree removal) by explaining design constraints. Described the project as one of the first in Bellingham to use updated ADU regulations. **Ms. Bell, Senior Planner, Community Development Department (City of Bellingham)** Presented staff's position in support of the application. Confirmed SEPA e…

**Ali Taysi, on the nature of the project:** "It's a small project, but it's unique and interesting for us, because it is incorporating accessory dwelling units and a mix of 2 different housing forms the city of Bellingham permits in this zone when you're doing a cluster subdivision, using the infill toolkit." **Ali Taysi, on ADU unit configuration:** "Instead of 4 lots, with 2 adus each, we now have 7 saleable, plus the existing home, 7 saleable fee simple lots." **Sharon Rice, clarifying t…

**Before this hearing:** - Diamond Deemer Preliminary Plat (SUB-2024-00007) was pending before the Hearing Examiner - Consolidated Permit had been issued administratively on August 16, 2024, and was in its appeal period - Exhibit record consisted of Staff Report and Attachments A–H **After this hearing:** - Public hearing has been held; no public opposition appeared - Exhibits expanded: Attachment I (Consolidated Permit Notice of Decision) and Attachment J (Affidavit of Posting) added to record - Exhibit 2 (appeal confirmation) requested for submission by August 30 - Hearing re…

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