Anderson v. City Of Issaquah

70 Wash.App. 64, 851 P.2d 744 (1993)

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Nature of the Case

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Facts

Anderson (P) owned property in Issaquah. In 1988, P applied for a land use certification to develop the property. The property was zoned for general commercial use. P submitted plans to build a 6800-sq. ft. commercial building for several retail tenants. P submitted the plans for necessary approvals. The Development Commission got the plans and disapproved them because the facade did not fit with the concept of the surrounding area pursuant to building codes 16.16.060 (B) and (C). The Commission was created to administer and enforce the City’s land use regulations. The codes required that any building be based on quality of its design and relationship to the natural setting of the valley and surrounding mountains etc. P’s building was to be designed with an off-white stucco and was to have a blue metal roof. Next to P’s proposed building site was a Victorian-era residence called Alexander House to serve as a visitor’s center. It was determined that P’s facade did not meet with the concept of the surrounding area. P was given an opportunity to modify his plans. P came back with a different design, and that was not approved. The discussion during this meeting bordered on each individual's subjective tastes. P was allowed to come back again. P changed designs again, and it was disapproved again. They cited that P had not been sufficiently responsive to concerns expressed. P had spent about $250,000 on the project and appealed to the city council, and they approved the Commission’s decision. P appealed to superior court claiming that the Code provisions were unconstitutionally vague. Following trial, the court dismissed P's complaint, rejecting the same claims now raised on appeal.