Opponents of Visconsi shopping center to ask hearing examiner to rethink decision

Opponents of a proposed shopping center that was approved by the city of Bainbridge Island's hearing examiner late last month will ask the examiner to rethink his OK of the controversial project.

Ryan Vancil, the attorney who represented Islanders for Responsible Development, the group that opposed the shopping center project on the corner of Highway 305 and High School Road, said Wednesday that he plans to submit a Motion for Reconsideration to the hearing examiner.

The deadline for reconsideration requests is quickly approaching. Hearing Examiner Stafford Smith issued his decision on the project on March 27, and a 10-day period followed for reconsideration requests.

Vancil said Wednesday that he was in the process of writing the motion right now.

He said he would not discuss the motion in advance, but said it will be complete and submitted to the city by 5 p.m. Wednesday.

Motions for reconsideration are typically sought to correct substantive errors in the hearing examiner’s filed decision.

The 62,000-square-foot shopping center, proposed by Ohio-based developer Visconsi, would provide space for retail, restaurants, professional services and health care facilities on High School Road, directly across from the Ace Hardware.

Islanders for Responsible Development challenged the city's environmental review of the shopping center proposal and a conditional use permit for the development, but Smith cited zoning code and existing law that allowed the proposed land to be developed for commercial use.

According to city rules, the request for reconsideration will be decided by the hearing examiner based on the record that already exists, unless the examiner determines another public hearing is needed.

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