📋 Public Hearing
City of Bellingham Hearing Examiner
← Back to All Meetings
Meeting Summary
The City of Bellingham Hearing Examiner conducted a contentious 3-hour public hearing on a variance request that has become a flashpoint in debates over short-term rentals, housing policy, and neighborhood character. Patrick and Catherine Sutton are seeking permission to operate their detached accessory dwelling unit (DADU) at 1017 Liberty Street as a short-term rental, which is currently prohibited by city ordinance in residential single-family zones.
The case centers on Bellingham Municipal Code 2010.037.B.5.C, which explicitly prohibits short-term rentals in detached ADUs within residential single general use areas like the historic Seahome neighborhood. The Suttons built their 624-square-foot DADU in 2022-2023, after the prohibition was enacted in 2018 and strengthened in 2021. City staff recommended denial, arguing the applicants fail to meet any of the three required variance criteria.
The hearing revealed deep neighborhood divisions and raised fundamental questions about property rights versus community planning goals. Seven residents testified against the variance, with concerns ranging from precedent-setting implications to parking and neighborhood character. Only one person testified in support. Public comments revealed suspicion about the applicant's motives, with neighbors noting that Patrick Sutton is a real estate attorney who specializes in short-term rental litigation and has a website advertising this expertise.
The city's argument rested on three pillars: the special circumstances are of the applicant's own making (they chose to build a detached rather than attached ADU), granting the variance would undermine the city's housing preservation goals, and the property can be reasonably used under existing regulations for long-term rentals of 30+ days. The applicants countered that bedrock conditions made a basement infeasible, neighborhood character dictated their building choices, and that short-term rentals are "generally permitted" uses that should be allowed through variance.
Hearing Examiner Rajiv Majumdar indicated he will issue a written decision after reviewing all evidence and testimony. The case has broader implications for how Bellingham balances individual property rights with community-wide housing policy, particularly as the city grapples with a 2.25% rental vacancy rate well below the 4% threshold that would trigger reconsideration of the DADU short-term rental prohibition.
Study Guide
## MODULE S1: STUDY GUIDE
**Meeting ID:** BEL-HEX-2025-03-26
### Meeting Overview
Hearing Examiner Rajiv Majumdar presided over a variance hearing for Patrick and Catherine Sutton, who sought permission to use their detached accessory dwelling unit (DADU) at 1017 Liberty Street as a short-term rental. The city's Planning and Community Development Department recommended denial of the variance.
### Key Terms and Concepts
**Variance:** A legal deviation from standard zoning rules that can be granted when specific criteria are met, including special circumstances not caused by the owner's actions, no undue detriment to public welfare, and inability to reasonably use the property under existing regulations.
**Detached Accessory Dwelling Unit (DADU):** A separate housing structure on the same property as a primary residence, limited to specific uses under Bellingham's zoning code.
**Short-term Rental:** Under Bellingham Municipal Code 2010.037, any rental for fewer than 30 consecutive days. These are generally permitted in residential zones but prohibited in detached ADUs in residential single zones.
**Primary Residence:** A dwelling where the owner or long-term tenant lives for at least 270 days per year. Short-term rentals are limited to 95 days annually in primary residences.
**Residential Single Zone:** A zoning designation that allows single-family homes and attached ADUs for short-term rental, but prohibits detached ADUs from short-term rental use.
**BMC 2018.010:** The Bellingham Municipal Code section governing variance procedures and criteria.
**Seahome Neighborhood:** A historic residential area in Bellingham with many century-old homes, where the subject property is located.
**Hearing Examiner:** An independent official who reviews land use decisions and applications, serving as a quasi-judicial body for the city.
### Key People at This Meeting
| Name | Role / Affiliation |
|---|---|
| Rajiv Majumdar | Hearing Examiner Pro Tem |
| Patrick Sutton | Applicant and attorney representing himself and wife Catherine |
| Emmy Scherer | Planner II, Planning and Community Development Department |
| Kurt Nabfeld | Development Services Manager, Planning and Community Development |
| James Erb | Deputy City Attorney |
| Adrienne Wang | Neighbor and public commenter |
| Lakita Bach | Longtime neighborhood resident and realtor |
| Anne Christine Furman | Mason Street resident |
| Kevin Garrity | Bellingham resident and realtor, supporting applicant |
| Carrie Ann Spike | Key and Maple Street resident |
| Karen Burroughs | 24-year neighborhood resident |
| Sherry Russell | Liberty Street resident |
| Christy Bowker | Hearing Examiner Clerk |
### Background Context
This case centers on a fundamental conflict between property rights and housing policy. In 2018 and 2021, Bellingham's City Council passed ordinances allowing detached ADUs in residential neighborhoods to increase housing options, while simultaneously restricting short-term rentals in these same structures to preserve long-term housing stock. The Suttons built their DADU after these restrictions were in place, then applied for a variance to use it for short-term rentals.
The broader context involves Bellingham's housing crisis, with a vacancy rate of only 2.25% (the code includes a provision to reconsider DADU short-term rental restrictions if vacancy reaches 4%). The neighborhood is part of the Seahome National Historic District, featuring century-old homes, though this designation carries no regulatory weight in Bellingham. Public sentiment strongly opposed the variance, with 69 comments submitted and most speakers at the hearing expressing concerns about precedent-setting and neighborhood character.
### What Happened — The Short Version
The Suttons asked for permission to rent out their detached backyard cottage for short-term stays (less than 30 days), which city law currently prohibits. They argued they faced special circumstances including bedrock that prevented a basement (which could be rented short-term) and neighborhood character that required building a smaller main house and separate back structure.
The city's planning staff recommended denial, arguing the Suttons chose to build a detached ADU knowing the rules, had reasonable use of their property for 30-day-or-longer rentals, and that granting the variance would harm community goals of preserving long-term housing. Public commenters overwhelmingly opposed the request, citing concerns about neighborhood character, precedent-setting, and housing affordability.
Key debates included whether short-term rentals actually reduce long-term housing availability, the meaning of "reasonable use" of property, and whether the variance criteria were met. The hearing examiner must now decide whether the Suttons demonstrated special circumstances beyond their control, no harm to public welfare, and inability to reasonably use their property under current rules.
### What to Watch Next
• The hearing examiner's written decision, expected within weeks, will either grant or deny the variance
• If denied, the Suttons may appeal to superior court
• The decision could influence future DADU short-term rental variance applications citywide
• Watch for Bellingham's vacancy rate - if it reaches 4%, the City Council must reconsider the DADU restrictions
---