A hearing examiner denied the application for a conditional use permit July 3 for a proposed group home in Sedro-Woolley.

Sedro-Woolley Mayor Mike Anderson declined to comment about the decision last week on the advice of City Attorney Eron Berg.

The hearing examiner’s decision could still be appealed, and the mayor said it was too early in the process to say anything.

Berg said it’s the applicant’s choice to take the next step if necessary. Secret Harbor officials can appeal the decision if they believe it was incorrect, he said.

An appeal would be held before the Sedro-Woolley City Council.

“We haven’t talked to anybody, but the potential exists,” Berg said July 3. “Our job is to process the permit in accordance with the law and do the best job we can.”

Mount Vernon attorney Tom Moser served as the hearing examiner during the June 17 public hearing regarding the application submitted by Secret Harbor in May.

Secret Harbor is headquartered in Anacortes and helps boys and girls who have faced abuse and neglect.

Secret Harbor president and CEO Brian Carroll told the Skagit Valley Herald Thursday that he plans to appeal the hearing examiner’s decision. He said if the City Council denies the appeal then the issue will be taken to court.

The organization had plans to use a building at 939 State St. as a residential group home for six at-risk boys ranging from 12 to 17 years of age.

The organization currently houses some of its male students at its Cypress Island residence and is relocating to residential setups on the mainland.

Carrol told the Skagit Valley Herald he thinks the hearing examiner’s ruling is a “clear-cut case of discrimination.”

The state will have to find another option for the boys if the conditional use permit is not resolved in time for students to move into the new homes on the mainland, he said.

Secret Harbor officials had plans to settle the boys into their new homes before the school year begins in the fall.

Secret Harbor opened a group home in Burlington in March and is in the process of opening homes in Mount Vernon and Anacortes.

The boys located on the island typically have behavioral or mental-health related problems and have not been successful within the foster care system.

An accepted offer was made on the State Street home in Sedro-Woolley, which formerly served as an adult daycare center. However, a public hearing was required before the conditional use permit was awarded, Sedro-Woolley city officials said.

According to Moser’s Findings of Fact, the decision to deny the application was based on comments and information presented at the hearing and a site visit.

According to the document, Moser stated the building’s prior use of an adult daycare facility was not the same as a group home proposed by Secret Harbor based on definitions made in Sedro-Woolley Municipal Code.

Moser also stated that the proposed group home was not compatible with its surroundings, according to the document.

He added that he couldn’t guarantee the facility would not create adverse impacts to its surroundings and would not be an “asset to the community at the proposed location.”