LETTER: Court Decides Path America is Not Vested to the Potala Village Building Permit

 

The City of Kirkland held the position that Lobsang Dargey did not file a timely, complete building permit and thus was not vested to the Potala Village project.  Today, the Court of Appeals agreed.  88 units will no longer be allowed on the combined parcels (two owned by Potala Village Kirkland LLC and its lien holders, and a third which may have sold and may be closing on August 29). 

http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=705423MAJ

Now, it would seem that Potala Village Kirkland (aka Kirkland Aqua, Kirkland Lake Apartments, etc) will need to comply with zoning that allows a maximum of 48 units per acre.  There is no density bonus allowed under the code.  Design Review is required.

Citizens hope that now the city has the opportunity to stay away from hazards that citizens believe occurred with PathAmerica’s earlier proposed development.  Citizens hope to see the city appropriately recognizing the street functional classes and denying access onto Lake St in favor of the lower volume street.  Citizens hope Design Review and other controls will keep the project from being submerged below sidewalk grade or having apartment windows that stare into retaining walls.  A nice three story building that suits the neighborhood in size, scale and character would be great. They want garbage and recycle cans to be prohibited at all times from the front of the building and from the shorelines jurisdictional area due to their negative impact on design as well as conflicts with code and regulations.  Citizens also want their neighborhood serving businesses rather than “throw away” commercial space that is just what is necessary to build an apartment building.

Guess this is like an Etch-A-Sketch.  Turn over, shake the sand around, and come up with something that adds to the community.  We would love the fountain that was once part of the project.  Also, as Tree City USA, anything that would keep the large trees that provide softness to the buildings and skyline, ecological benefits and wildlife habitat would be welcomed. 

Karen Levenson