In a well-attended Port of Orcas meeting, commissioners clarified their wishes for the Off Leash Dog Park, listened to an Overlay appeal and heard public comment on the “through the fence” issue.

Commissioners asked Airport Manager Bea von Tobel to correct a misunderstanding with the FAA that would terminate the dog park lease in 2014 instead of 2013. The contract will have a six-month notification of termination by either party and will be non-renewable.

Francine Shaw, on behalf of Don Gerard who owns property within the Port Overlay District, asked the port to communicate with the planning department that they had no opposition to a rezoning application. Gerard wants to divide his property to form three lots out of the current two and for a zoning redesignation that would allow him to build an additional residence on the third lot.

Gerard has offered to agree to height and lighting restrictions and to recognize that the lot is in the Overlay and that traffic, noise and accidents could be a repercussion.

“I believe that the commissioners feel that a further erosion of the Port Overlay is a problem and could set a precedent,” von Tobel said. “When the Alder Cottages were built the whole development was built in Zone Four of the Overlay. We now have another incident where the Overlay would be less intact and that would set another precedent.”

The Overlay protects the airport airspace from incompatible land use around the airport. The port had already written a letter to the county asking that the Overlay designation be unchanged.

“The Overlay is there for the same reason that you have center lines on roads,” von Tobel said. “It’s a safety issue. Airplane crashes can happen and it protects people on the ground from people in the air. If you don’t want airplanes falling on houses then you keep the Overlay intact. Statistics show that there is a greater chance of a crash on landing or take off and there is a greater chance of damage to property and people on the sides and ends of airport runways. It is not desirable for people to build homes that close to an airport.”

The commissioners listened to comments about the FAA’s “through the fence” issue, and scheduled a special meeting at the Port for June 25 at 7 p.m.

“I think the commissioners are fearful that this is going to be a tough nut and that it will be difficult to come to some type of an agreement the FAA will bless,” von Tobel said. Comments made at the meeting were all ones that the commissioners have heard before. If no one has any new ideas, we have an impasse.”