SAN JUAN COUNTY PROSECUTOR PRESS RELEASES:

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No Settlement on Detached Accessory Dwelling Unit Issue

posted 06/18/04
PRESS RELEASE: Prosecutor Randall K. Gaylord said talks between County officials and the parties regarding litigation over County accessory dwellings regulations ended without an agreement at 4:30 p.m. on Thursday, June 10, 2004.

Gaylord said, "While we were close on many points, there are some major issues that remain unresolved. The Friends of the San Juans gave an ultimatum to postpone the lawsuit or halt mediation. It's time to bring this matter to conclusion. We have a brief due in thirty days; we need to keep moving."

Gaylord said he wanted to express his appreciation for the work of the mediator, Eugene H. Knapp, Jr., attorney from Orcas. "Mr. Knapp demonstrated his skill as an able mediator, but the Friends needed to move more for this mediation to succeed," added Gaylord.

Gaylord also expressed appreciation to the other County representatives at the mediation, including former Deputy Prosecutor Alan Marriner, Commissioner Rhea Miller, Francine Shaw, Deputy Director of the Community Development and Planning Department and DJ Sessner, Senior Planner.

The representatives for the challengers were Jon Christoffersen, Stephanie Buffum Field, Roger Collier, Lynn Bahrych, Friends of the San Juans, Joe Symons and Maile Johnson of Orcas Island.

Gaylord said the issue in the lawsuit is whether a detached accessory dwelling unit (ADU) may be constructed on rural and resource lands on parcels under ten acres in size. "The Growth Board has already said attached ADUs are allowed everywhere. The focus of the settlement discussion was where and when detached ADUs would be allowed," said Gaylord.

According to Gaylord, there was agreement in principle to meet the major points on this issue by making three changes to the existing provisions, based upon a model ordinance required by state law.

First, the County would establish a cap on the number of building permits issued for ADUs at fifteen percent of single-family dwellings. "This cap would nail the coffin on the myth that an ADU will 'double' the density." According to Gaylord, ADUs do not double the number of people on a parcel because the maximum number of people is always limited to one family, regardless of whether they live in a main house, ADU or both. "ADUs provide a flexible housing style. We have always limited the number of people on parcels to one family. ADUs don't double the density any more than a big family doubles the density."

"Detached ADUs have been recognized by planners as 'smart growth,'" said Gaylord. "They are easy on the environment because they are small, share facilities with the main house, and provide a flexible living arrangement that allows people to stay on their land."

Second, the County would refine the design guidelines in the current laws to assure ADUs are located close to the main dwelling and blend with the landscape. "We already adopted some design guidelines typical of other communities," said Gaylord. Gaylord pointed out that existing rules assure ADUs do not contribute to sprawl because of restrictions on size (1000 square feet), location (outside of sensitive areas on a parcel), ownership (same as main house), occupancy (one family only for main house and ADU) and proximity to the main house.

Third, the County discussed the establishment of a minimum parcel size for a parcel with an ADU. "The parties discussed establishing a minimum parcel size of four acres in the upland areas and two acres for parcels that are part of the shoreline, and the prohibition of an apartment over a garage in the shoreline. But, there was not agreement on these points."

The Friends demanded that the County make concessions on other issues, which, according to Gaylord, were outside the scope of the lawsuit. "The settlement process is useful for the issues in the lawsuit, it is not proper to take up other planning goals in this forum. If we are going to take up other issues, we need to assure that all the stakeholders participate," said Gaylord. "The only issue we could safely address in mediation is the issue before the court," added Gaylord.

According to Gaylord, the Friends made demands to prohibit vacation rentals of detached ADUs and main houses. The County negotiators proposed to address the concern over the vacation rentals by the establishment of a citizens advisory committee on this topic. "But, the concern over vacation rentals must take a back seat to other more pressing GMA planning such as the Eastsound and Lopez growth area boundaries," said Gaylord.

Gaylord added there was disagreement whether regulations would require detached ADUs be "permanent affordable housing." According to Gaylord, accessory dwelling units are recognized as an important contribution to housing and affordable housing because they are small, and less expensive to build because they share utilities and land with a main house.

"The experience in San Juan County is that the rental price for an ADU is affordable. Rent controls or income requirements for occupants are not something that the County is set up to manage and enforce," said Gaylord.

In other related news, Commissioner Darcie Nielsen reported that plans are being made for the Washington State House of Representatives Local Government Committee to hold a public hearing in Friday Harbor and tour San Juan Island to visit examples of how accessory dwelling units are used.

Gaylord said this is good news. "We have two new employees who are working for us this summer who are staying in detached accessory dwelling units. They would have never found a nice affordable place to stay if this type of housing style was not allowed. ADUs are essential to provide a flexible housing style that is cost effective."

Gaylord said that the state legislature has left rural communities like San Juan County, having to spend an enormous amount of time and money to study and litigate the ADU issue, when a simple legislative clarification is all that is needed. "The legislature directed counties to allow detached ADUs everywhere that single-family residences are allowed, subject to local control. Since 1997, the County commissioners have been just trying to follow the direction of the legislature," added Gaylord.

San Juan County Prosecutor Press Release
Growth Board Issues Guesthouse Decision

posted 03/25/03
On Thursday, March 20, 2003, the Western Washington Growth Management Hearings Board issued an order that will further curtail the construction of new detached accessory dwelling units (ADUs) in the rural lands of the County.

"The Growth Board recognized the good work done by the County planners and upheld the work done to examine current conditions and environmental factors," explained Prosecutor Randall K. Gaylord. He went on to add, "But, the Growth Board ruled against the County on a housing style that has a lot of appeal in this community."

The decision was made in response to a challenge filed by the Friends of San Juans, Joe Symons and Lynn Bahrych. Lynn Bahrych also represented Michaela Brostrom, John Goekler, Tom Schroeder, and Maile Johnson.

"To understand the decision, you need to consider the type of accessory dwelling unit and the land use district that applies to the land," said Gaylord.

The most favorable treatment is given to internal or attached ADUs. "These ADUs are commonly referred to as mother-in-law apartments," said Gaylord. They are allowed throughout the County, subject to size limit of 1000 square feet and other restrictions. The Growth Board acknowledged that the County is required by state law to allow these types of units.

Freestanding ADUs, formerly called "guesthouses" and "carriage houses," are allowed in the urban areas of Eastsound and Lopez Village, and also allowed in the hamlets such as Olga, Deer Harbor, Orcas Landing, and Westsound. But, a freestanding or detached ADU is prohibited in all rural lands including rural farm forest, rural residential and rural general use. "Rural lands account for about 84 percent of the land in San Juan County. So, this part of the decision affects many parcels in the County," added Gaylord.

The decision also addressed the rental of ADUs. Long-term rental is allowed throughout the County whether it is an existing ADU or a new ADU constructed consistent with the decision. "The Growth Board recognized that the long-term rental of ADUs will help the housing situation in San Juan County,"said Gaylord.

Short-term rental is allowed in all land use districts, except in agricultural and forest resource districts. In forest and agricultural districts, the rental and occupancy must be limited to family members and persons employed by the owner for agriculture and forest production.

According to Gaylord, the Growth Board examined and balanced the Growth Management Act's goals for housing and protection of rural lands. "A bright line has been established for densities in rural lands of one dwelling unit for every five acres of land. The Growth Board defines a dwelling unit by its structural characteristics and concludes a main house and an ADU are two dwellings," explained Gaylord.

Gaylord said, "The County had adopted an approach that density will be addressed in reference to families and people, not structures. Under the County's approach, density would be regulated by the maximum number of unrelated people who live on a parcel."

Gaylord will discuss the decision with the Board of County Commissioners on Tuesday, March 25. The Board will consider whether to appeal the decision or adopt regulations that are consistent with the decision.

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