SAN JUAN COUNTY GROWTH MANAGEMENT

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Planning commission recommends moratoriums on guesthouses

They came, they saw, they heard

posted 07/27/04
Testimony about the impact of detached guesthouses in the San Juan Islands was given to five members of the state Local Government Committee Wednesday, July 21, 2004. Opinons varied between those who base the potential impact on historical data and those who foresee changes in their usage. The legislators were told freestanding accessory dwelling units (ADUs) double density, provide affordable housing, prevent the building of very large homes, allow people to make money from vacation rentals opportunities and provide housing for caregivers.

A bill to allow detached guesthouses to be built, but not counted in density calculations, was stalled in a legislative committee last year. Sandra Romero, a state representative from Olympia, said since it is likely a similar bill will be introduced at the next legislative session, the committee wanted to see the situation first-hand. After boat and van tours and more than 2 1/2 hours of testimony, the difference in islanders' opinions was evident.

Prior to the hearing, the Friends of the San Juans took the five legislators on a boat tour to show examples of guesthouses on the shoreline. Afterwards the three San Juan County Commissioners led a van tour of several guesthouses on San Juan Island.

After lunch, citizens, legislators, elected officials and Friends of the San Juans members gathered in Friday Harbor High School Commons to give testimony. The BOCC was given 30 minutes, as was the FOSJ. Public testimony from citizens was limited to two minutes per person.

Commissioner Darcie Nielsen said the whole issue boiled down to: "Why does it matter if ADU is attached or detached?"

Lynn Bahyrch of the FOSJ testified detached ADUs are more likely to be used as vacation rentals. "If attached, they are more likely to be used for family or personal guests," she said.

Steve Ludwig said allowing two houses to be built on a single parcel has the net effect of increasing the cost of land. As a result property is less affordable.

BACKGROUND

Thamas Osburn, a legislative staff member, summarized the situation.

In December 2002, the county adopted the Accessory Dwelling Unit ordinance. For the first time freestanding ADUs were defined and one was allowed on any lot with a single-family residence. The Friends of the San Juans appealed.

In April the hearings board ruled on 16 legal issues, some in favor of the county and some against. The board emphasized internal and attached ADUs complied with the Growth Management Act. The board ruled against the county regarding detached ADUs. Ruling they needed to be included in density calculations.

Both sides filed appeals in court. In January 2004, the court affirmed the hearings board decision. The county and the FOSJ attempted to negotiate a settlement. The talks were not successful.

The county filed an appeal in the Court of Appeals. That appeal is pending.

In the 2004 legislative session, HB 3028 was introduced which echoed the language of the county ordinance allowing a detached ADU on each parcel of land. The bill never made it out of committee.

Mayor Gary Boothman said the Town of Friday Harbor believes, based on information from the state Dept. of Ecology, that separate residences count as separate water users. Some homeowners in the county are hooked up to town water. If those property owners built guesthouses, it would impact the town's density calculations. Those figures are used for the 20-year growth plan. Funding for expansion of the water system, including raising the dam, is based on those calculations.

Commissioner Rhea Miller stressed the importance of guesthouses in providing affordable housing. She gave legislators photos of guesthouses on Lopez Island. "I was overwhelmed with feelings at the thought of all those people who have lived in those guesthouses," she said. She noted, if the people lived in attached ADUs, it would not be considered increased density. If the ADUs are detached, it counts as an increase in density. "People don't like to live in attached (ADUs)," she said.

Roger Collier of FOSJ agreed ADUs have historically provided affordable housing. "My concern is the county doesn't balance what happened in the past with what happens today." He noted the county is projected to be have the fastest growth rate in the state during the next ten years.

Several citizens passionately related how important it was to allow two residences on a parcel. One woman told the committee how helpful it would be if her son and his family could build their own small home on her land. Another woman, a widow, spoke about the value of having a young couple live on her land. They help her manage the utility systems and help care for her children.

Several citizens expressed concerns about vacation rentals. San Juan County considers transient rentals a residential rather than commercial activity.

Commissioner John Evans said guesthouses are very important to people in various stages of their lifes. Some people are able to earn money by renting out the guesthouses, he said. The income helps them afford to keep their homes.

Jim Nelson said changing the rules would cause "economic harm."

The commissioners emphasized guesthouses provide affordable housing. One citizen countered that argument. She noted the common practice of year-round residents moving into tents during the summer. They are forced to move out of their rentals, so the owners can rent the units out as high priced vacation rentals during the busy tourist season.

Doris Estabrooks told the legislators, allowing transient rental in residential neighborhoods devalues surrounding properties, does away with neighborhoods and impacts water systems.

Ramsey Milne said the county's transient rental policy "opened the doors to all kinds of mischief. They (county commissioners) don't know then or now how much unhappy discord there is as a result of (transient rental policy)," he said.

Claudia Mills said transient rentals are "emotionally tearing up neighborhoods." Detached ADUs are more likely than an attached ADU to house a separate family, she said. "Two households on one parcel is double density."

Karen Speck manages 100 different properties on Orcas Island. Fifty are vacation rentals. Of the thirteen properties with guesthouses, two are used as vacation rentals. "If a house or guesthouse is a vacation rental four to 10 weeks a year, what is the percentage of water being used?" she said.

Several citizens believed allowing detached guesthouses will help prevent the building of very large homes. Shannon Calverly said, "I agree 100 percent with the county's views. The major threat is larger and larger trophy homes. Why encourage that trend by banning detached guesthouses?"

Vern Tator said if he hadn't been allowed to build a small guesthouse he would have had to build a much larger home to accommodate visiting family members.

John Crosby was in favor of detached ADUs. "If guesthouses are outlawed, there will be larger houses," he said.

Sam Buck said, " Personally I don't want everybody to have guesthouses, that would be double density. But that doesn't reflect reality. This has been blown out of proportion for what the reality is."

Sandra Romero, chair of the legislative committee thanked everyone for participating. "I urge you to continue negotiating. I think you are close," she said.

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