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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Developer wants land back

Spokane leaders are considering returning land to a developer along 29th Avenue that the city likely would have to buy back later to widen the roadway.

About a decade ago, Glen Cloninger was required to transfer a 7 ½-foot-wide strip of land along 29th Avenue to the city by the city’s hearing examiner in exchange for traffic impacts expected from rezoning to allow commercial buildings. Since then, Applebee’s Neighborhood Grill & Bar was built there.

The property Cloninger gave up was intended to go toward a center turn lane, which has not been built.

City staff members have argued that it makes little sense to give back property the city likely would have to pay for later. They also say returning the property could trigger similar requests across the city by developers who have been required to give up land for street improvements.

The proposal to return the property to Cloninger has been delayed several times by the City Council since April. On Monday, the council moved the item to its Sept. 24 meeting.

Cloninger said he decided to ask for the property to be returned after the city repaved 29th last year without adding the center turn lane. He said he has waited nine years for the lane and said the construction signaled that the street won’t be widened for decades.

He said that asking for return of the property is about principle and property rights, but he added that he would prefer the city use the land to widen the street – if it acts soon.

“They made it sound like they were going to do it the same year” of the hearing examiner’s decision, Cloninger said. “They need to do what they say they’re going to do.”

Acting Engineering Services Director Eldon Brown said he knows of no promises the city made to Cloninger about when the street would be widened. He said the repaving job was done in conjunction with replacement of a water main under the street.

He said curbs and sidewalks were not replaced and added that widening the street wouldn’t negate work already completed.

Adding a turn lane on 29th between Southeast Boulevard and Pittsburg Street was placed on the city’s six-year street improvement wish list earlier this year.

The Rockwood Neighborhood Council, which met with representatives of Cloninger and the city, voted to recommend that the city keep the land. The group supports adding a turn lane.

“It doesn’t seem to be a good use of city revenue to give something away and then buy it back later,” Rockwood council Chairman John Prosser said.

But City Council members Rob Crow, Brad Stark and Bob Apple have indicated they could support returning the land to Cloninger if he promises that the city would not have to buy it back for more than its assessed value.

They also have considered a provision to return the land only if the turn lane is not built within six years.

Apple, who received a $250 campaign contribution from Cloninger in July, said he is considering Cloninger’s request, in part, to “force the city to move forward” with widening the street.

Stark said he wants to find a solution that protects taxpayers as well as the private property rights of developers.

“We own the land through legalized coercion,” Stark said.

Council President Joe Shogan disagrees.

“I can’t see giving something up that we already have in order to buy it back for market value later on,” Shogan said. “I don’t think it’s good for the taxpayer, and I don’t think it’s good for the city.”

Jonathan Brunt can be reached at jonathanb@spokesman.com or 459-5442.