UPDATE: Controversy surrounding commercial lodging project

UPDATE March 18: After the hearing examiner's initial rejection of the request for a variance, Todd Smith on behalf of Josh Fletcher requested a reconsideration. On March 18 at 10 a.m., there was a closed record hearing, where Andrew Kottkamp, hearing examiner, announced he has a written decision to be handed to the city later that day.

Despite the chill outside and mid-day timing when most would either like to be snug in a blanket or supposed to be starting their day in the office - the public hearing surrounding the commercial lodging on State Highway 2 brought forth an impressive turn out. On Monday, February 11 at 10 a.m., many Leavenworth residents, along with the interested applicant and contractor, Josh Fletcher, gathered in City Hall.
    The possible site is .20 acres, located on Highway 2 and is bordered by Mill and West Commercial Street, according to city of Leavenworth documents.
    "It's a family lodger, people would share one kitchen. Not like your typical hotel," said Fletcher. "Probably at least two lodges connected. Maybe like two customers there."
    Fletcher had requested approval for a variance to reduce the front yard setback to 10 feet rather than the 25 feet that is the city's code.
    "In a nutshell, it seems the reason we have variances is so that land is used for its intended purpose, which is exactly why we're asking for this variance," said Fletcher. "We're just trying to get to the 50% footprint that every other commercial lot is being able to enjoy."
    The request stems from the contractor's desire to meet the 50% lot coverage allowance in the Tourist Commercial Zone. With the unique size and shape of the lot, without the variance Fletcher says that instead of the lodging that he aspires to go on the lot, it will instead be something like a drive thru.
    "It's actually in the code, that when you have a property with an unusual shape that that is exactly why there is a variance, we're trying to build the lodging structure to do what the code wants," said Fletcher. "There's actually words in the code that Leavenworth wants it to be a destination and not a 'place just to stop by' like a drive-thru or other use, which we would be forced to do."
    City staff has reviewed his proposal and recommend the variance unlike the head shaking residents in the audience.
    "Analyzing the criteria, it is consistent with intent and purpose of the Comprehensive Plan. If the applicant is granted the variance, the building will not have an adverse impact on adjacent uses in the fact that the roads created a section of buffer. It will be required to have appropriate landscaping and parking lot which may help mitigate visual impact," said Lilith Vespier, Development Services Manager. "And for these reasons, staff is recommending approval of the variance with a setback of 10 feet on all property lines."
    Though the city staff seemed to be in compliance with the request, it caused quite a tangle of debate from the crowd. Several members of the community vocalized several points as to why they don't support Fletcher's requested variance.
    "There's no site plan, you have no plan. You're impacting families. I know for a fact there are children who play in this area and you are taking away their yards" said Dina Ashcraft, resident. "I bought this house 22 years ago, I knew there were hotels in this area. But after 22 years of hard work, labor and landscaping, now the possibility this setback coming in and encroaching on any of our homes is just ridiculous. We live with enough tourist impact as is."
    Beyond treading on family home properties, Stephan Swoboda mentioned that ten foot setbacks is a catalyst for dangerous intersections and uses the Howard Johnson to illustrate his point.
    "I use that intersection almost exclusively to come and go. I would say the Howard Johnson has ten foot setbacks to Commercial Street and Mill Street and that creates a dangerous intersection there. I don't believe that ten foot setbacks should be allowed because that intersection and proximity to Highway 2 creates a dangerous intersection," said Swoboda.
    Resident, Kelly Ringel made the point that setbacks are designed for a reason, especially in proximity to residential areas with the children and safety being contributing reasons for enforced setbacks.
    "With the city granting so many variances with setbacks and then that becoming the precedence, either we need to comply with our city code or have a hearing to change city code since they don't seem to want to enforce city code," said Ringel.
    However one long time Leavenworth resident, Shelley Bittle, is a part of the group that is in favor of the request for the ten foot setback.
    "I understand where people would be concerned about variances and how far things are built," said Bittle. "We're not a normal commercial building. We're looking at taking a commercial lot and fitting the lodging needs of Leavenworth and giving it a residential, down home, Bavarian feel.
    She reiterated that the possible commercial lodging isn't a carbon copy of the Howard Johnson or similar hotels scattered through town - but rather a lodging option targeted for single families or to house a small group of people for the weddings that use the Bavarian Village as the venue. She also mentioned that the plans are not to build right up against the edge of ten foot variance like the Howard Johnson, but rather for landscaping and beautification toward Commercial Street.
    "They're not adding anymore traffic to the street, in fact a normal commercial business would multiply the traffic on this street and yeah, the safety of the kids. We're looking to conserve that and protect that," said Bittle. "In order to get a square, rectangle piece of property out of this we have to have a little variance."
    Both sides of the argument are eager to know if the variance will be granted. Kottkamp denied the request for the variance, according to an update from the city.