Husum-BZ zoning plan may get scrapped

The meeting, which will be in Goldendale at the County Courthouse, begins at 2 p.m.

The move is seen as a way to end the legal limbo that has resulted from a lawsuit filed in January 2000. The suit challenged the new zoning plan and the process that created it, and has effectively blocked implementation of the zoning update.

In September 1999, the Husum-BZ Community Council approved an updated zoning plan in a contentious 4-2 vote.

The plan's recommendations included:

20-acre minimum lot sizes for resource lands;

The maximum "open space" requirement for lots less than 20 acres will be 50 percent;

The time before any subsequent subdivision of resource lands will be five years;

"Rural residential two" corridors will be established along State Route 141, south of the Husum rural center to Brislawn Road, and north of the BZ Corner rural center to the school bus turnaround at Camp Five and east to the White Salmon River.

The Husum-BZ zoning plan was unanimously ratified by the County Commissioners in January 2000, and two appeals were filed within days after that. One suit, filed by Friends of the Columbia Gorge, was on behalf of the National Scenic Area, which contended the Husum-BZ area could not pass a zoning plan that was less restrictive than the federally-designated National Scenic Area.

That portion of the zoning plan was subsequently rescinded.

Another appeal, by the Husum Citizens Group, questioned the public process involved in creating the zoning plan update and sought changes in the process. The appeal was filed on behalf of Kathy Sneider, a Husum resident and a representative of the 40-member Husum Citizens Group.

"That appeal has been hanging for three years," said County Commissioner Don Struck. "Early this year, the County Commissioners approached the attorney for the appellant [Mike Fitzsimons of Hood River] to work out something so the process could move forward. We've been a year and a half trying to bring closure to the issue."

Struck said the county has decided to hold a public hearing to rescind the updated zoning map approved three years ago, and allow for public comments.

"We'll have a public hearing to take input on the plan to rescind the existing plan and start over," Struck explained.

He added that he was optimistic there would be widespread support for a new approach that could address everyone's concerns and end the legal impasse.

"I would suspect everyone would be in favor of this. It makes more sense to start over," Struck said. "If we get a lot of public testimony that favors rescinding the zoning, we would send it back to the Husum/BZ Community Council to hold its own hearings in the community. The community will decide to what degree to make the changes."

Struck added that the plan to rescind the existing zoning has been under discussion for several months.

"We sent their attorney notice that this is what we planned," Struck said.

Attorney Fitzsimons did not return telephone calls seeking comment.

Kathy Sneider, however, said she was unhappy with the county's tactics.

"I know justice is not swift, but I had no idea it could drag on for years like this, and then the county can say, `we'll just redo it,' so they don't have to pay attention to our lawsuit," Sneider said. "I feel no matter what happens, they're going to do what they want to do anyway. There's nothing we can do except vote them out of office. No matter how much we watchdog them, they still do what they want. We need to vote for people who are not part of the real estate development group."

Sneider added that she finds it ironic that the county takes tax revenue from its residents, and then uses that revenue to fund legal battles with its own citizens.

"This is what happens when county citizens try to fight county prosecutors, especially with all their outside legal counsel," she said.

Klickitat County Prosecuting Attorney Tim O'Neill did not respond to a telephone call requesting comment on the case.