Citizens To Preserve Pioneer Park, L.L.C. v. City of Mercer Island

Becker, A.C.J.

This case involves a challenge to a city council’s decision to grant a variance for the construction of a telecommunications pole. The council acted upon an appeal by residents of south Mercer Island from a decision by the city planning commission to deny the variance, and differed from the planning commission in its assessment of the visual impact of a 133-foot pole. The city code permits the council to use its own judgment about visual impact rather than deferring to an evaluation by the planning *464commission. Because the residents have not shown that the council’s decision…