📋 Public Hearing
City of Bellingham Hearing Examiner
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Meeting Summary
The City of Bellingham Hearing Examiner conducted a public hearing on February 26, 2025, to consider the vacation of most of the Army Street right-of-way in Old Town. The petition, filed by Gabe Rogel as VAC-2024-001, seeks to convert the unused street right-of-way into surface parking for his planned climbing gym and 36-unit apartment project at 315 West Holly Street.
Hearing Examiner Sharon Rice presided over the hybrid hearing, explaining her role as fact-finder who will issue a recommendation to City Council for final decision. The city's Technical Review Committee has recommended approval with conditions, and the vacation is explicitly supported by the Old Town Sub Area Plan, which states the city should support vacating Army Street.
The right-of-way currently serves no transportation function, as it would terminate at railroad tracks. However, it contains mature trees on steep slopes classified as landslide hazard areas, and the Old Town plan calls for maintaining a view corridor to Bellingham Bay. Staff recommended approval with conditions requiring a view easement at Holly Street elevation and retention of utility easements.
Only one member of the public testified, expressing support for the project while requesting preservation of some greenery and formal protection of the view corridor. The applicant agreed to follow tree removal regulations and confirmed the view corridor would be maintained. The record will remain open for two business days to accommodate any technology-related testimony issues, with the Hearing Examiner's recommendation due to City Council by March 14 or March 18, depending on whether additional public comment is received.
Study Guide
## MODULE S1: STUDY GUIDE
**Meeting ID:** BEL-HEX-2025-02-26
### Meeting Overview
The City of Bellingham Hearing Examiner held a public hearing on February 26, 2025, to consider a petition to vacate most of the Army Street right-of-way in the Old Town urban village. Hearing Examiner Sharon Rice presided over the hybrid hearing to gather testimony and evidence that will form the basis of her recommendation to the City Council, which will make the final decision.
### Key Terms and Concepts
**Right-of-way vacation:** The legal process by which a local government abandons its claim to a street or portion of a street, allowing the property to revert to adjacent private property owners.
**Hearing Examiner:** An independent attorney who conducts quasi-judicial hearings for land use matters and makes recommendations to the decision-making body (in this case, City Council).
**Burden of proof:** The legal requirement that the applicant must provide sufficient evidence to demonstrate their proposal meets all approval criteria.
**Boundary line adjustment:** A process to modify property lines between adjacent parcels without creating new lots, which requires administrative approval.
**View easement:** A legal restriction that protects sight lines from public areas, in this case maintaining views from Holly Street toward Bellingham Bay.
**Old Town Sub Area Plan:** A planning document that guides development in Bellingham's Old Town urban village area.
**Appearance of fairness doctrine:** A Washington State law requiring hearing officers to be free from bias and conflicts of interest.
**Critical areas ordinance:** Local regulations protecting environmentally sensitive areas, including landslide hazard areas like the steep slope on Army Street.
### Key People at This Meeting
| Name | Role / Affiliation |
|---|---|
| Sharon Rice | City of Bellingham Hearing Examiner |
| Lindsay Kirchner | City of Bellingham Planner II |
| Gabe Rogel | Applicant/Property owner at 315 West Holly Street |
| Alex McLean | Community member providing public testimony |
| Ms. Bowker | Hearing clerk |
### Background Context
The Army Street right-of-way is located between West Holly Street and Roeder Avenue in Bellingham's Old Town area. Unlike most streets, this right-of-way doesn't function as a through street because it ends at railroad tracks, making it potentially hazardous for transportation use. The City's Old Town Sub Area Plan specifically supports vacating this right-of-way, recognizing that it has limited public transportation value but could serve private development needs better.
Gabe Rogel has been planning a climbing gym with 36 apartments above it at 315 West Holly Street for five years. The right-of-way vacation would allow him to create surface-level parking for his development. The proposal includes preserving a view corridor toward Bellingham Bay and maintaining all existing utility easements for sewer and natural gas lines that run beneath the right-of-way.
### What Happened — The Short Version
The hearing followed standard procedure: the applicant presented his case first, followed by city staff's recommendation for approval with conditions. One community member spoke in support of the project but requested that trees be preserved and the view corridor be permanently protected. City staff confirmed that a view easement would be established and that tree removal would be regulated under the city's tree protection ordinance. The hearing examiner will issue a recommendation to City Council within 10-18 business days, depending on whether any post-hearing comments are received.
### What to Watch Next
- Post-hearing public comment period closes February 28, 2025
- Hearing Examiner's recommendation due to City Council by March 14 or March 18, 2025
- City Council will make the final decision on the vacation petition (date TBD)
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