News Release No. 2001-1
January 11, 2001
RECENT DEVELOPMENTS IN GROWTH MANAGEMENT APPEALS
County Seeks Court Review of November 30 Order on Guest Houses
On December 27, 2000, San Juan County filed suit in Thurston
County
Superior Court to challenge the decision of the Western Washington
Growth Management Hearings Board's November Order that banned
the construction of new guest houses or accessory dwelling units
throughout the County.
In the November Order, the Growth Board disallowed the new construction of guest houses until the County supplements its analysis of the effect on density. The County's position is that the effect on density has been analyzed and that any minor increase in density was anticipated by the law that mandates accessory dwelling units in the County.
The case has been assigned to Judge McPhee, and the first hearing has been scheduled for late March. Deputy Prosecutor Alan A. Marriner said that this type of case has high priority. "The action taken by the Growth Board invalidating a local law is the most powerful remedy of the Growth Board. The law recognizes this, and requires the courts to handle these cases quickly."
In another development, on January 11, 2001, the Prosecuting Attorney filed a request for a declaratory ruling from the Growth Board to determine whether the Growth Board's November Order will prevent the construction of a main house where a building exists that clearly meets the criteria for a guesthouse. In support of the request, the Prosecutor refers to the application for a residence submitted by the Iwarrson's of Eastsound.
"Like many others, the Iwarssons built a small one room, limited-use guest house and now want to construct the main house in the prime building location. We need to know what the Growth Board intended in this situation," said Marriner.
Growth Board Allows Just One Resource Property Change
On January 3, 2000, the Growth Board granted one of the three requests by the County to redesignate forest resource land. The Growth Board agreed that the process used by the County was appropriate for the mistake in designating the Deer Harbor Community Hall property as forest resource land. But, the Growth Board denied the County's request to redesignate the Westlund Property near Lopez Village and the Sandwith Property on San Juan Island. The Growth Board also denied the request of Eagle Lake Development to redesignate the Eagle Lake property as Forest-20. The County had joined to redesignate the Eagle Lake property.
"The original designations of the Eagle Lake and Sandwith properties were a mistake, and the Commissioners were acting in good faith to fix the mistake," said Marriner. The position of the County and Eagle Lake has been that these two properties have permanent agreements in place that make the use of the land as a commercial resource impossible. But the Growth Board said those concerns will have to be fixed later, after the County completes a comprehensive analysis and public participation process.
"The Growth Board's ruling doesn't mean that the problems
with these
properties will go away. It substitutes one inconsistency (resource
designation) for another (density)," added Marriner. On
January 9, 2001, the Board of County Commissioners approved a
court appeal of the Growth Board order regarding the Sandwith
and Westlund Properties to Thurston County Superior Court. It
is expected that Eagle Lake will also appeal, a decision the County
Commissioners support.
All Ongoing Cases Consolidated
On December 14, the Growth Board issued an Order consolidating all the appeals and challenges to the plan and regulations. Twenty parties have appeared to make presentations to the Western Washington Growth Management Hearings Board. Many of the parties overlap with the challengers to the 1998 plan.
The Growth Board canceled the "compliance" hearing scheduled for January 17, and reset all hearings on compliance and new issues to March 6 and 7 in Friday Harbor. The hearing will be held at the Inn at Friday Harbor. The case brought by Wallace and Susan Gudgell will begin at 9 a.m. on Tuesday, March 6, and all other cases will begin at 11 a.m. The consolidated cases will continue for two days, ending on Wednesday, March 7.
Parties and The Issues
In addition to the County, twenty participants are expected at the March hearing. Sixteen of the twenty challenge the position taken by the County. Together, they have raised more than thirty-three issues. The sixteen challengers include the Town of Friday Harbor, the Friends of the San Juans and fourteen individuals.
Four participants have joined in support of the County. The supporters are OPAL Community Land Trust, Steve Hudson, Eagle Lake Development, and Karen J. Key Speck.
"Those challengers who are represented by attorneys have raised the most vigorous contentions," said Marriner. Here is a brief list of the challengers, and the issues they raise.
Lynn Bahrych, Maile Johnson, Joe Symons (Bahrych also represents
Miki
Brostrom, Tom Schroeder and John Goekler) – This group challenges
the
variety of density in the rural lands and argues that a density
which will result in a minimum lot size in all rural and shoreline
areas of one home for every ten acres is needed to protect rural
character. They also challenge the County's efforts to provide
affordable housing in rural residential clusters, and the density
standard for tenants-in-common. Other issues are whether the
county adequately considered the environmental impacts of the
October 2000 ordinances and provisions regarding transient rentals.
Lynn Bahrych and Maile Johnson are attorneys.
Town of Friday Harbor – The issues for the Town concern
whether guest
house provisions are consistent with the planning for the Town
of Friday Harbor, and whether residential rural clusters should
be allowed in areas where the town may expand in the future.
The Town is represented by Donald E. Eaton.
Dorothy Austin Mudd – Mudd brings broad challenges
raising more than
twenty issues aimed at the establishment of unincorporated urban
growth areas on Orcas and Lopez Islands (Eastsound Village and
Lopez Village). Mudd challenges the size, boundaries, land capacity
analysis, provision for public services and other aspects of the
planning for the growth areas. Ms. Mudd is represented by C. Thomas
Moser of Mt. Vernon, Washington.
Fred R. Klein - Klein challenges the Eastsound Urban Growth Area boundaries and land capacity analysis.
Friends of the San Juans – The Friends submitted a brief in November 2000 challenging the density and use of guest houses in rural areas.
George D. Steed – Steed questions whether the North
Roche Harbor
residential activity center was appropriately designated as an
area of more intensive rural development. He also questions the
policies in the comprehensive plan regarding transient rentals
on the shoreline.
Frederick E. Ellis, Jr. and Joanne Smith – Mr. Ellis and Ms. Smith raise questions of the appropriateness of designating Lopez Village as an urban growth area.
Michael Durland – Durland contends that his property
located in Deer
Harbor was improperly down zoned from Rural ½ to Rural
2.
Dylan Richard Stephens – Stephens intervened to address issues regarding transient rental of guest houses.
John M. Campbell – Campbell supports the County's
improvements in
affordable housing, but contends that more should have been done
and
specifically whether the county has done enough to direct growth
into the urban growth areas.
If you have any further questions or comments, please contact
Alan A.
Marriner at 360-378-4101.
Randall K. Gaylord
San Juan County Prosecuting Attorney
96 Second Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
360/378-4101