News Release

A Thurston County judge told the San Juan Board of County Commissioners that more planning is required before it adopts the final rules regarding the construction of guest houses. In a second decision, the Court said that more public participation is required before property off of Beaverton Valley Road may be redesignated from resource land to rural farm forest.

"This is not the decision we wanted, but it is not a decision that forecloses any options," said Prosecuting Attorney Randall K. Gaylord. "I am disappointed that the Court did not give more weight to the balancing of competing interests by the Commissioners," Gaylord added.

In November 2000, the Growth Board invalidated the County’s rules regarding guest houses which had the effect of halting most new guest house construction in the County. The County appealed saying that it had properly balanced the competing goals of the GMA and the housing laws which require the County to encourage the construction of detached and attached accessory units.

The Court said the process of planning did not comply with the requirement of the GMA because the County had not sufficiently analyzed how guesthouses will impact density. The Court said that the process of planning required a complete analysis, and that the analysis that was performed was inadequate and based upon conjecture, not facts.

The County Commissioners will have the choice to accept the Court’s analysis and do the planning required by the Growth Board, or the Commissioners will be able to appeal this decision to the Court of Appeals. Gaylord said that he would discuss all the options available at the next Commissioner’s meeting.

In a second decision, the Thurston County Superior Court upheld the Growth Board’s decision to prohibit the change of the Sandwith Property from resource land to rural farm forest. The Commissioners had made this change to allow the County to honor a twenty-year agreement with the Sandwiths regarding the number of houses that could be built on their land.

"The Court’s decision was not based on whether we can accomplish what we set out to do, but rather whether there was adequate public participation. It appears the Court said we should follow a different process for changing the designation of this land. It seems an unnecessary process, given the contractual commitments that the County is obligated to honor," said Gaylord.

In the meantime, the density designations for the Sandwith property are invalid. More action will be required by the Commissioners to allow any subdivision of the Sandwith Property.

"This is a narrow decision involving just one parcel of land, but it demonstrates the process that must be followed if the land-use designation of any property will be changed," said Gaylord.

Randall K. Gaylord
San Juan County Prosecuting Attorney
350 Court Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
(360)378-4101