Orchards Developer Says Appeal Hinges On Officials’ Written Findings

Sat., Jan. 29, 2000

By Lorie Hutson lorieh@spokesman.com (509) 459-5446

The developer of a controversial Liberty Lake subdivision says he wants to see the Spokane County commissioners’ written findings before he decides whether to appeal last week’s decision denying the project.

Commissioners rejected Rex Harder’s proposal to build 37 houses on 109 acres just east of the lake, near Lakeside and Neyland roads. Harder wants to build as many as two houses per acre on land that’s zoned for 10-acre lots. Other parts of Harder’s proposed Orchards development would have 10-acre lots.

“I think there is a really good chance we’re going to appeal this,” Harder said. “But it’s really on hold until we get that opinion.”

The commissioners are expected to issue their written findings on Tuesday. Harder then has 21 days to appeal their decision in Superior Court.

County Hearing Examiner Mike Dempsey ruled last July that the smaller lots Harder requested were justified. He cited a provision of the county’s comprehensive land-use plan that allows dense developments along shorelines in rural areas under certain conditions.

The Liberty Lake Property Owners Association appealed Dempsey’s decision to commissioners, saying the development could cause erosion and other problems that would pollute the lake. They also felt Dempsey wrongly applied a shoreline exemption to the proposed development.

They were pleased with the commissioners’ decision to reject the Orchards.

“We felt they made the right decision,” said Lance Whitney, president of the Liberty Lake Property Owners Association. “I think it may have prevented a potential landslide of properties - not just in Liberty Lake but in other areas - that can be developed at a higher density.”

The proposed Orchards at Liberty Lake is outside the county’s interim urban growth boundaries, where the minimum lot size is restricted to 10 acres regardless of zoning. However, Harder was exempted from that guideline and able to seek smaller lots because he submitted his application for the subdivison before the interim boundaries were adopted in 1997.

Harder said the commissioners’ decision on the Orchards at Liberty Lake will not affect his plans at Mackenzie Bay Beach, across the road. He has already received county approval for that 44-home waterfront subdivision on 24.5 acres at Mackenzie Bay.

Local journalism is essential.

Give directly to The Spokesman-Review's Northwest Passages community forums series -- which helps to offset the costs of several reporter and editor positions at the newspaper -- by using the easy options below. Gifts processed in this system are tax deductible.

Meet Our Journalists

Jesse Tinsley

Meet Jesse Tinsley. As a certified drone pilot, this veteran Spokesman-Review photographer often can be seen capturing beautiful aerial photographs of our region. Sometimes though, the job requires getting down with the dogs.
Jim Meehan

Jim Meehan is no stranger to Zag Nation. As the lead writer covering the Gonzaga men’s basketball team, he tells the stories behind the game and gets fans a bit closer to their favorite players.
Molly Quinn

There is no artist in Spokane like Molly Quinn. Her whimsical style is instantly recognizable to readers of The Spokesman-Review. She has painted gorgeous illustrations that instantly elevate the journalism accompanying it. She brings to life the stories that defy photography. She makes our pages better.
Rob Curley

Spokesman-Review editor Rob Curley loves to talk with people and learn about their lives, whether it's a best-selling author or a stranger he meets downtown on his walk to lunch. It's that inquisitive nature combined with a playful sense of storytelling that helps make our newspaper different than most.