Community Corner

Kirkland Appeals Potala Decision

The city filed an appeal with the court of appeals, challenging a ruling that the developers of Potala Village were vested at the time of a city zoning decision.

On June 25, 2013, the City of Kirkland filed a Notice of Appeal with the Washington State Court of Appeals, Division 1, regarding the proposed Potala Village project.ย  The City seeks the Appeals Courtโ€™s consideration of a Superior Court ruling that declared the proposed mixed-used project was entitled to apply for development and building permits under the Cityโ€™s pre-moratorium codes. The City disagrees with the vesting rule and filed its appeal due to statutory requirements.ย 

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On May 13, 2013, Hon. Monica J. Benton,King Countyย Superior Court, ruled the developer, Lobsang Dargey of Dargey Enterprises, was vested under city codes when he applied for development permits, including a shoreline permit, in 2011.ย  The City sought a reconsideration of the vesting ruling which Judge Benton granted on May 29, 2013.ย  However, on June 3, 2013 Judge Benton denied the Cityโ€™s motion stating in her order that she โ€œmistakenly filed an order granting reconsideration.โ€ย  It is not known when the Cityโ€™s appeal will be heard by the Appeals Court.

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Project information is available atwww.kirklandwa.govย (Search:ย Potala Village) or by contacting Teresa Swan, Kirkland Planning & Community Development Department,ย 425-587-3258ย ortswan@kirklandwa.gov.

Find out what's happening in Kirklandfor free with the latest updates from Patch.

ย This article was originally posted at 5:05 p.m. Wednesday, June 26, 2013.

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