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Friends of the San Juans Press Release

The Growth Management Hearings Board Invalidates Portions of San Juan County's Comprehensive Plan

posted 12/00
On November 30, 2000, The Western Washington Growth Management Hearings Board (GMHB) issued a new order of invalidity focusing on residential density, which is the centerpiece of nearly all of the GMA appeals. Throughout the appeal process, the Petitioners and Intervenors, such as the Friends of the San Juans, have continued to try to preserve the present quality of life in San Juan County by limiting our steadily increasing residential density. Residential development is creeping - or rather, sprawling - across our rural landscape. One of the primary goals of GMA is to prevent rural sprawl. In order to do this, and to fulfill our Vision Statement, we must manage our growth intelligently and cautiously. "We can always build more houses, but we cannot recover rural tranquility or recreate pristine wildlife habitat once it is lost," said Lynn Bahrych, member of the Board of Directors of the Friends of the San Juans.

In its November 30, 2000, order, the GMHB invalidated San Juan County's redesignation of over 1,000 acres of resource lands because the county failed to follow its own laws governing such redesignations. These redesignations permitted higher residential densities for certain resource lands. As the GMHB wrote, "The County by-passed its previously adopted process, provided virtually no public participation opportunities, and made the redesignations without any supporting evidence in the record."

"Although the County is moving in the right direction, after two extensions for compliance for a total of 420 days, the County still has significant work to do," said Kevin Ranker, Executive Director of the Friends of the San Juans. "It is time to reach consensus, it is time to adopt a plan that preserves our quality of life while protecting our natural resources," he continued.

The GMHB also invalidated the county's allowance of new guesthouse construction in rural and resource lands on lots where there is an insufficient density allowance for two single-family residences. The GMHB quoted extensively from the SJC Planning Commission (PC) findings and recommendations concerning guesthouses. The GMHB repeated the conclusions of the PC "that detached guesthouses functioned much as a main residence, had the same impacts as a principal residence and thus should be treated as a "separate dwelling unit" for purposes of density analysis." Based in part on the work of the PC, the GMHB found that "the county's current policies and regulations regarding guesthouses continue to fail to comply with the Act. In addition the UDC provisions which authorize construction of new guesthouses in the rural and/or resource designations of San Juan county substantially interfere with Goals 1, 2, 8,.10.,12, and 14." The GMHB also stated that it had "serious questions about the impact of both long-term and short-term rental of guesthouses in rural and/or resource lands."

The GMHB found that in spite of recommendations from the Washington State Office of Community Development, the County Prosecuting Attorney and specific findings of County staff, the Board of County Commissioners declined to adopt any policies or regulations regarding the impact of allowable guesthouses.

Although the GMHB found that the county had sustained its burden as to the remaining determinations of invalidity, it refrained from deciding whether the rest of the county's new plan and regulations are in compliance with GMA. The remaining issues on appeal, including the issues surrounding the new UGA's and AMIRD's and affordable housing, will be heard on January 17, 2001.

21 years ago Friends of the San Juans was born, after a group of disgruntled citizens sued the County over its first Comprehensive Plan. Back then, the Friends believed strongly in the importance of controlling development and protecting our quality of life and natural resources by managing growth. 21 years later, we still do.

For further information contact Kevin Ranker at 360.378.2319 or e-mail kevin@sanjuans.org

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