News Release No. 2001-3
March 19, 2001
Barlow Bay Boat Moorage Marina Approved by Court of Appeals
The Barlow Bay Marina was finally approved by the court of appeals, eight years after the application was first submitted by Harold Klein. But, Mr. Klein will never know it. He died in September 2000.
The court of appeals upheld the decisions of every county and
state government agency that looked at the project. It had received
the approval of the planning department (predecessor to the permit
center), the hearings examiner, the board of adjustment, the shorelines
hearings board and the superior court. At each step of the way,
the project was opposed by the
Tulalip Tribes (a neighboring property owner) and other neighbors
in the area. At the court of appeals, the Tribe was supported
by Friends of the San Juans.
In 1993, Klein applied for a marina at Barlow Bay on the south
end of Lopez Island. Although it is called a "marina"
under County code, the proposal was for boat moorage. The proposal
did not include typical marina activities such as fueling, boat
maintenance and repair or retail sales. Permits for the dock were
issued by the hearings examiner and the board of
adjustment.
In 1997, the Tribes appealed to the shorelines hearings board. The shorelines hearings board agreed that the permits should be issued. In an appeal to the superior court, Judge Vickie I. Churchill agreed with the shorelines hearings board in a 16-page letter decision addressing, in great detail, all the issues before the court.
According to Prosecutor Randall K. Gaylord, the legal issues before the court of appeals involved issues of evidence and compliance with the state environmental laws. The court found that the shorelines hearings board had the information needed to reach a decision. In addition, the County had considered all the appropriate environmental concerns.
But, will the marina ever be constructed? "You will have to ask that question to the heirs of Mr. Klein, not me," said Mr. Gaylord. "What I can say is that the County has completely modified its permitting process. I doubt that a project of this size would take this long for a final decision today."
Randall K. Gaylord
San Juan County Prosecuting Attorney
96 Second Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
360/378-4101