It may be the beginning of a new school year, but the dispute between the Bertschi School and a group of North Capitol Hill neighbors is far from new. Now in it's third year, the disagreement has reached all the way to the Washington State Court of Appeals.
The heart of the issue is the school's recent expansion, a process that is well under way. Larry Hettick, who lives on 10th Avenue East near the school and leads the Friends of North Broadway District group that objects to the expansion, contends that issues over noise, traffic and parking related to the project and to the presence of the private school in a residential neighborhood have not been satisfactorily resolved by the school. The expansion, they say, makes a bad situation worse.
The group's current legal challenge contends that the city's hearing examiner made decisions about the school's Master Use Permit that she was legally not entitled to make. A response to the brief is required by the school and the city by Oct. 24. The state court's decision will likely be made next spring.
Founded in 1976 by Swiss educator Brigitte Bertschi as a single-room preschool, the school has grown to provide classes from pre-kindergarten through fifth grade. Banners at 2227 10th Ave. E. mark the Bertschi School's 30th anniversary. Enrollment for the current academic year stands at 224 students, an increase of 16 from previous years with the addition of a pre-kindergarten class this year.
It was a tight fit, hence the need for more space. The expansion plans called for renovating a house adjacent to the established school, as well as building a new structure on property that previously contained the Reid Court apartments. The new building will be home to a new, gymnasium (which the school had lacked) that can seat up to 185 people, as well as space for art and music facilities.
Legal challenges brought about by neighbors opposed to the expansion caused the project's delay. But physical work on the building is under way; a recent halt to the work was due to a cement workers strike which affected construction throughout the city. A spring 2007 completion date is targeted.
Bertschi School Director of School Relations Tracy Nordhoff acknowledged the delays have been undesirable but said there has been little if any change in the way the school has operated while the courts render decisions.
Nordhoff pointed to a silver lining brought about by the legal conflict. The school has been recognized for its efforts at creating a "green" building, one they tout as being the most energy efficient building in the state.
Creating the green building came about as a reuslt of the time the legal delays provided. Washington governor Christine Gregoire made note of school's environmental dedication when she attended a ground-breaking for the new building last spring.
"We feel we have been very sensitive to the neighborhood," Nordhoff said. She added that the expansion increases the number of parking spaces provided by the school and that the school has worked on drop-off and pickup times in an effort to minimize impacts.
Additionally, she said the school has taken steps to mitigate noise as required by the city. Noise is perhaps the key issue in the dispute.
The neighborhood group's current appeals are based on the view that the city's hearing examiner did not have the authority to issue the decisions she did more than a year ago. A key element is an agreement the school signed in 1981 that limited enrollment to 120 students. The hearing examiner chose not to consider the agreement in the school's permit application. The school's position, thus far supported in the courts, is that the 1981 agreement was made in the context of the school's enrollment and program at that time.
"The Bertschi School is in an entirely different place now programmatically," Nordhoff said. "And a school doesn't double in size overnight. We apprised the neighborhood of our growth along the way."
Hettick takes issue with that notion. Additionally, Hettick said the school's solution to the noise problem falls short of what is required: "We're convinced their noise abatement won't achieve the city's legal standard."
But the problem, from his point of view, stems from the fact of the Bertschi School's growth over the years and a concern as to how much growth additional growth lies ahead.
"People here are really concerned about future expansion," Hettick said. "It's become contentious, unfortunately. It's simply unfortunate the school is located where they are. The residential neighborhood's balance is upset by their presence."
Hettick said he and his North Broadway group are realistic enough not to expect a ruling that would halt construction on the new building or require its removal - "that train has left the station. They're not going to stop pouring concrete." But he said the group is committed to exploring all possible legal options at this stage. Future challenges are planned based on the 1981 enrollment cap agreement.
"Ultimately, what we're asking for is further mitigation to balance the needs of the neighborhood with this institution," he said.
"It's in the court's hands now. But we think the hearing examiner made the right decision," Nordhoff said. "Our efforts are aimed at a positive collaboration with our neighbors. Our focus is really on the new things that are going on at the school, meaning education."
Doug Schwartz is the editor of the Capitol Hill Times. He can be reached at editor@capitolhilltimes.com or 461-1308.
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