Laserfiche WebLink
Chapter 2. Design Review 21 <br /> I <br /> vague review standards (Anderson v. Issaquah, 851 P.2d 744 (Wash. App. <br /> 1993)). Wanting to build a large commercial building on land zoned for <br /> Ilif general commercial use, Anderson, the developer, sought the necessary <br /> approval of the Issaquah Development Commission (IDC), the agency re- <br /> { sponsible for enforcing the city's building design standards. Unfortu- <br /> `] nately, these standards contained numerous vague terms and concepts <br /> i (e.g.,developments were to be"harmonious"and"interesting")and failed <br /> to provide meaningful guidance to the developer or to the public officials <br /> responsible for enforcing the provisions." <br /> As originally proposed, the commercial structure was to be built in a <br /> "modern" style with an unbroken "warehouse" appearance in the rear; <br /> 1 large, retail-style, glass windows on the facade; off-white stucco facing; <br /> and a blue metal roof.The property was located on a major boulevard in a <br /> 1 "natural transition area" between old downtown Issaquah and an area of <br /> new,village-style construction. <br /> During their first review of the project,IDC commissioners commented <br /> ,i upon several aspects of the design they found displeasing, including the <br /> color scheme,the blankness of the rear wall,and the fact that the relatively <br /> 4 plain facade "did not fit with the concept of the surrounding area." One <br /> commissioner observed that he did not think the building was compatible <br /> 1 with the"image of Issaquah."The commissioners continued the hearing to <br /> .At provide the landowner an opportunity to modify his design. <br /> 1At <br /> the next meeting, the landowner presented modified plans that in- <br /> i cluded a new building color and modified roof materials. Still unsatis- <br /> 1 fied, the commissioners struggled to provide more specific feedback. <br /> s One suggested the landowner "drive up and down Gilman [Boulevard] <br /> Iii and look at both good and bad examples of what has been done. . . ." <br /> Another member requested a review of the shade of blue to be used, <br /> noting that: "Tahoe blue may be too dark." The commissioners again <br /> I continued the hearing to a later date to allow further modifications from <br /> the applicant. <br /> jAt the third IDC meeting, the landowner presented plans that re- <br /> sponded to the commissioners' concerns and featured new architectural <br /> detailing to break up the facade, additional landscaping, and enhanced <br /> rear-wall trim. Still unsatisfied, one commissioner presented a written <br /> statement of his "general observations" of the area's architectural charac- <br /> 1 ter (e.g., "I see heavy use of brick, wood, and tile. I see minimal use of <br /> stucco. I see colors that are mostly earthtones, avoiding extreme con- <br /> trasts."). Another commissioner noted, "There is a certain feeling you get <br /> when you drive along Gilman Boulevard,and this building does not give <br /> you this same feeling." <br /> After nine months of meetings and investing more than $250,000, the <br /> understandably frustrated landowner volunteered to make one final mod- <br /> ification to the building's facing,but would make no further changes.The <br /> IDC chose to deny the application, expressing concern that the proposed <br /> i building—even with the agreed-upon modifications—would relate poorly <br /> 1 to the surrounding neighborhood.The city council and trial court both up- <br /> 1 held the denial. <br /> On appeal, however, the Washington Court of Appeals found the local <br /> design code to be unconstitutionally vague: <br /> . [T]here is nothing in the code from which an applicant can deter- <br /> mine whether his project is going to be seen by the Development Com- <br /> mission as "interesting" versus "monotonous" and as "harmonious" <br /> with valley and the mountains. Neither is it clear from the code just <br /> what else,besides the valley and the mountains,a particular project is <br /> supposed to be harmonious with. . . . <br /> I <br />