Nov. 7--BELLINGHAM -- A project to build 40 homes along Yew Street may get the go-ahead from the city's hearing examiner, after city staff and developers appear to have settled a dispute over public access for a future trail.

The project, called Whitworth Park, is located off Yew Street south of Lakeway Drive (roughly across from Alvarado Drive) in the Whatcom Falls neighborhood.

The development is by Whitworth Park LLC and Hardan Family LLC. James Stanford is president of Whitworth Park, and Gloria Hardan is owner of Hardan Family, county records show.

City planners had recommended the hearing examiner approve the project subject to various conditions. One of those conditions was that a portion either remains privately owned and preserved or dedicated to the city for preservation. Either way, public access should be allowed through part of it for a possible link in the Samish Crest Trail, they recommended.

But Stanford said it should either be given to the city and public access allowed, or retained in private ownership for preservation but without public access. The parties disputed that provision before the hearing examiner Wednesday, Nov. 4.

"We assume all the liability on a public access. We don't think that's fair," Stanford said in an interview, adding that they wouldn't want to burden a homeowners association with that.

But the city now plans to drop that provision, after staff walked that portion of property and determined it wouldn't be good for a trail anyway, said Alan Marriner, assistant city attorney. The trail probably will be routed through another more suitable property, he said.

In the proposed project, homes sit on lots averaging only 6,000 square feet.

Neighbors previously said they opposed the city rezoning the property to allow smaller lot sizes, which they said are much smaller than the average for that area. But the City Council in 2007 rezoned the property anyway to allow lot sizes as small as 5,000 square feet, down from the previous minimum of 7,200 square feet.

Reach JARED PABEN at jared.paben@bellinghamherald.com or call 715-2289.

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