Seattle Press on Line - Fremont Neighborhood Council May Challenge Construction

Fremont Neighborhood Council May Challenge Construction

By Tom Herriman

Mar 07, 2001 -- Toby Thaler has offered to lead the charge against construction of a six-story, 130-unit mixed-use development in downtown Fremont, but so far the troops are not lining up behind him.

Thaler, president of the Fremont Neighborhood Council (FNC), wants to appeal construction permits issued March 1 by the city for a retail/apartment building on Block 40, formerly known as the Red Door parking lot. The property is owned by Susie Burke.

"The project is too big," Thaler told the FNC meeting at Fremont Library on February 26. "It doesn't fit in with the neighborhood. It's higher than anything around it." Thaler said the FNC is "fortunate in having a masochistic pro bono attorney" in the event they decide to appeal the permits.

But most of the FNC members who spoke at the meeting did not seem interested in a legal attack on the developer. Rather, they seemed resigned to the developer's legal right to build a six-story building on the property. Several speakers pointed out that the developer, Security Properties, has offered substantial mitigation including a $250,000 fund for decorative art by local artists.

Thaler struggled to keep an appearance of objectivity in his handling of the meeting, but he didn't try to conceal the fact that he is strongly opposed to the present design of the building. Last week Thaler pitched an alternative design, prepared by architect Gordon Lagerquist, to the developers. The alternative would eliminate 24 apartments and reduce the building's height by a full story.

John Marasco of Security Properties Inc., responded that Lagerquist's design is economically unfeasible, and would undo re-design and mitigation the company had negotiated with community groups over the last 18 months. He said the developer had already agreed to design changes, including:

reducing the number of units by eight from the original plan.
reducing the building height to one story at Evanston Avenue and North 34th Street.
redesigning the facade to look like 10 separate adjoining buildings.
creating deep recesses on the 34th Street and alley sides to reduce shadowing.
providing weather protection above the storefronts.
installing bike racks.
voluntarily paying double the amount required by the city for traffic mitigation.

Marasco said that if the present building design is rejected, the site would be developed as an office building with no retail or residential space. He added, "We've been working with the FNC and other community groups for over 18 months to modify the building to meet community objections. All comments conveyed by George Heideman have been considered. We feel we've reached the best compromise possible."

Heideman, a local architect and FNC vice president, was appointed to negotiate with Security over community objections to the building, but Heideman was not present at the February 26 meeting.

Thaler maintained that the mitigation Security Properties offered to Heideman "is not a sign-off on the major issue--the size of the building--which the developer has never been willing to negotiate. I'm acting on behalf of the FNC board."

The FNC, with Thaler as its lawyer, won a similar battle with Quadrant last year when they sued to force changes in the buildings now under construction across the street from Block 40, west of the Fremont Bridge on the south side of North 34th Street. Quadrant settled out of court, paying FNC $50,000 and agreeing to several design changes.

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