Permit denied, Tenino area’s Hillside Farms makes its case before the county commission
The owner of a Tenino area event center called Hillside Farms, which has drawn complaints from neighbors as it has moved through the land-use process, came before the Thurston County Commission last week.
Hillside Farms is seeking a special-use permit so it can hold more events, but it was denied by the county hearings examiner. The owner is now appealing to the five-commissioner board.
Although the special use permit was denied, Wendler made clear this week that he is still open for business to host weddings, birthdays and other events at 1120 143rd Ave. SE, Tenino. The farm also grows lavender.
On that point, the hearings examiner agrees.
“The applicant may well be able to conduct up to 21 events per year on the subject property under the agricultural overlay district provisions,” hearings examiner Sharon Rice wrote.
However, Hillside Farms would like to operate up to 56 events a year, according to comments made at the appeal hearing.
Appeal arguments
Wendler and his attorney Joe Rehberger appeared before the county commission Wednesday. Commissioner Wayne Fournier recused himself from the hearing, and no one appeared to argue on behalf of the examiner’s decision.
“This is not a case where outright denial is appropriate,” said Rehberger to the commission. “This is a case where this should be approved with conditions.”
That is common to hearings examiner rulings. A permit might receive approval, but only if dozens of conditions are met.
Rehberger said his client has even volunteered some conditions.
“We proposed an additional condition to limit the hours of operation, to shut off at 10 p.m., and we actually have proposed a condition for consideration, to install a permanent fixed decibel reading to ensure compliance is being met and monitored,” he said.
“But there’s no question that the business can operate and can be conditioned based on meeting existing criteria, which is how the county has approved other applications,” Rehberger said. “But here, we’ve gone above and beyond in trying to establish that.”
Noise generated by Hillside Farms’ events has sparked public comment.
“Hillside Farms so far has not shown any respect for its neighbors by allowing amplified music and announcements and in some instances gunfire, fireworks being launched, and helicopters landing and taking off, all of which interfere with our quiet use of our own outdoor spaces,” said resident and neighbor Sherry Hill in written comments shared with The Olympian.
A question about temporary use
Thurston County Commissioner Tye Menser — the only commissioner to ask a question — queried Rehberger about “temporary use.”
“In part of (the hearings examiner’s) ruling, she said the scale of the proposal is inconsistent with the concept of a ‘temporary use’ as events would occur multiple times per week for a substantial portion of the year, if not year-round.
“Each event is temporary, but when you string them together and the scale of what’s proposed over the course of a year, is that relevant in your mind?”
Rehberger defended the temporary nature of the operation.
“Maybe it’s not the most clearly written code provision under the county’s code, but I won’t take issue with that here,” he said.
“But I do think it is a temporary use, and that we’re not creating a permanent building, a facility that’s going to work 365 days a year, seven days a week, you know, as a dance hall or a tavern or a bar or a school, right? It’s hosting different discrete special events on a singular piece of property, in which case is also associated with an ongoing farm activity.”
After the hearing, Wendler, too, defended his operation to a reporter and shared comments from those who support him.
“Having been there and having seen the aerial maps of the area, there is no reason why Hillside Farms cannot operate as they had planned to do. Grant the permits,” one of those supporter’s comments reads.
Wendler said he’s prepared to take legal action if the commission rules against him.
The commission is expected to issue a decision on April 23.
