By CLAYTON PARK

In a surprise move, a hearing examiner has reversed a city department's conditional approval of Simon Properties' plan to expand Northgate Mall on the grounds that the developer's proposal "is not completely consistent with the Northgate Area Comprehensive Plan."

However, the June 28 ruling by City Hearing Examiner Meredith Getches may prove to be only a temporary victory for the community activists who teamed up to appeal a May 18 decision by the Department of Design, Construction & Land Use to greenlight the mall expansion. The Thornton Creek Legal Defense Fund, Haller Lake resident Sue Geving and the Maple Leaf Community Council filed an appeal of DCLU's decision, which resulted in bringing the matter before Getches.

In issuing her ruling, Getches instructed DCLU to prepare a compiled version of the mall expansion plan that "incorporates into one document the text, maps and drawings (revised as necessary) that encompass all the revisions and conditions needed for approval" according to the Northgate Area Comprehensive Plan.

Furthermore, Getches also shot down several of the key arguments made by community activists in their appeal of Simon's plan, most notably the claim that the parking lot south of the mall (where Simon has proposed a massive mixed use project that would include a movie theater complex, a hotel, retail shops and apartments) currently covers a portion of Thornton Creek, which should be daylighted.

Getches stated in her ruling that "Thornton Creek does not exist on this (the Northgate Mall) site, and has not for over 60 years ... The record at (the) hearing shows that over 60 years ago, a drainage ditch, not a creek, conveyed water across the site."

The hearing examiner, nonetheless, sympathized with the community activists: "Unfortunately, the applicant (Simon) does not appreciate what a remarkable addition a 'creek' could be to this property ... (which) could add to both the profit and reputation of the property owner. While it appears to be a serious 'foregone opportunity' for the property owner, it cannot be required by the City."

Geving called Getches' ruling a "mixed victory," in that, while the battle is far from over, it at least creates the possibility (albeit remote) that Simon may decide to drop its expansion plans rather than go through the application process again. In the more likely scenario that the developer will press on with its application, "it gives us another shot at appealing it," she said.

The bottom line, according to Geving, is that Getches' ruling gives the community activists continued hope, which is more than most had when DCLU gave its initial blessing to the Simon project on May 18.

"I wasn't expecting her to reverse the (DCLU's) entire decision," said Geving. "I thought we might win a point or two."