Dear
family, friends, citizens and business associates:
Hagen
Sets the Record Straight on Shoreline Master Program
· May
2, 2010 - Jim Hagen - Jefferson County Shoreline Master Program - Part I
· May
2, 2010 - Jim Hagen - Jefferson County Shoreline Master Program - Part II
Non-Conforming
Uses are Disfavored in Washington State
In Washington, nonconforming uses
are disfavored. Rhod-A-Zalea
v. Snohomish County, 136 Wn.2d 1, 959 P.2d 1024 (1998). Therefore, it is
the landowner's burden when confronted with an enforcement action to prove a
lawful nonconforming use which existed prior to the adoption of the land use
regulation. State v.County of Pierce, 65 Wn. App. 614, 623-24, 829 P.2d 217
(1992).
Jefferson
County Attorney Uses Nonconforming Status Against Local Small Disadvantaged Business
The
following was taken from briefs filed against SSNW regarding its legal nonconforming
use (for the exception of the red text inserted) Is Jefferson County talking
out of both sides of their mouths when it come to nonconforming? You decide.
JCC
18.20.260(1) provides clear restrictions on any alteration or replacement of a
non-conforming use in a Rural Residential zone: The following standards apply
to all legal nonconforming structures and uses: (1) Alteration or replacement
of a nonresidential nonconforming use in Rural Residential districts is allowed
subject to a conditional use permit. provided: (a) The use is compatible with
surrounding rural uses; (b) The activity does not require additional urban
levels of government service; (c) The proposal shall comply with the standards
of this code to the maximum extent feasible; and (d) The proposal shall not
have an adverse impact on an environmentally sensitive area or the immediate
neighborhood. (Emphasis added).
Moreover,
the 1992 Code included Administrative Rules which mandated that changes and
expansions in nonconforming uses be processed through County agencies,
including the Hearing Examiner. (The Counties fails
to tell anyone that the 1992 admin. rules were never adopted by the County
Commissioners EVER!) Also, watch the end of The History of Ft. Discovery
were the Port Hadlock Chamber scolds Jefferson County for NO notice to the
public regarding the 1992 CODE.)
Similar
regulations were applicable as far back as 1992. As the Examiner noted, after
enactment of the Zoning Code in 1992, a property owner or tenant wishing to expand
or alter a nonconforming use was required to submit an application for review
by the Hearing Examiner. 1992 Administrative Rule IX, Ordinance 2-0127-92. (CP
36, CP 333- 337).
(Opposing counsel (Jefferson County) use ordinance # 2-0127-92 as a head
fake to the Court of Appeal. This was an Ordinance all right, but no for the Administrative
Rules...the house of cards is starting to come down...now that you've read this
Mr. Alvarez/Ms. Dalzell don't you have a duty to report this error to the Court
of Appeals? If I remember correctly you did take an oath.)
As
noted above, the law strongly disfavors nonconforming uses. Therefore, when
considering a claim by a landowner of prior lawful use, the court or agency may
properly require that allegations of prior use be supported by objective,
credible evidence. Thus, it is frequently stated that the denial of
nonconforming use rights will be sustained when the evidence of the prior use
is "insufficient" or "contradictory. " Anderson, American
Law of Zoning, Vol. 1, 5 6.09. The evidence supporting nonconforming use
should be "objective evidence. " Overstreet v . Zoning Hearings
Board, 412 A.2d 169 (Pa. 1980)
Insurance
Fees Could Rise for Shoreline (creeks, streams & rivers) Property Owners
In general
terms coverage is on a “Replacement Cost Basis” new for old at the
current site or another location.
If the
insured cannot rebuild at their current site the carriers obligation is
replacement cost as if rebuilt on the original site. The additional costs to
rebuild at a conforming property could be substantial with architectural &
engineering fees. underground utilities, foundation, landscaping, etc which are
not covered unless damaged.
The
permitting process to rebuild, replace or remodel in a non-conforming location
usually increases the time and cost over a conforming location and there are
several coverage options one should considered. Coverage considerations:
Increased Cost of Construction also known as Ordinance and Law
pays for the additional costs to meet current building codes.
Loss of Use — The
time to rebuild or repair. Some companies have limitations of 12 months and or
a maximum coverage amount. Chubb Companies have no time or dollar limitation
other than a “reasonable time period to rebuild”. Other companies
have 24 months of coverage. Since the permitting process alone can take a year
or more, this should be an important consideration.
Reconstruction costs are normally greater in
nonconforming areas as contractors are seeking approvals from multiply
governmental agencies before during and after construction. Building material
requirements in shoreline locations may be more stringent and construction fees
greater.
Fort Discovery 218
Years Old...This Week!
· The History of Fort Discovery
(watch the end you will be shocked)
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Other
News:
·
PTTV
drops out of videotaping Monday morning BOCC meeting...Jeffco101 approaching
two year anniversary
·
Commissioner
Sullivan stuck on Whidbey Island...twice in six months...will Sullivan take vacation
days or stick it to the employee and citizens of Jefferson County?
·
Jeffco
Home show bombs...attendance worst than expected. Sequim Home Show thrives...Only
twenty miles difference...?
·
May
11, 2010, DOE Shoreline Master Program written comment deadline...send your
comments to Mr. Jeffree Stewart, Regional Planner for
DOE Email: jeff.stewart@ecy.wa.gov
·
Need
ammunition? SSNW is an approved Winchester dealer info@ssnwhq.com "SSNW helping
citizens shoot more for less"
·
Interested
in learning how to do Public Records Request? Contact Jeffco101 at Jeffco101@yahoo.com
What’s
going on in Jefferson County? Watch Jeffco101 and find out.
New Videos Uploaded:
May 3, 2010, Jefferson County Board of County Commissioners - Public
Comment (click on link below)
Ø Joe D'Amico - Nonconforming
Insurance - Fort Discovery History
Ø Bill Miller - Nonconforming
Insurance
Ø Jim Fritz - Real Estate
Sales/150 Buffers
Ø Jim Boyer - Nonconforming -
Video of the Week!
May 3, 2010 - Jefferson County Commissioners Briefing - Regarding Shoreline Master
Program & Misinformation
Jefferson
County admits current website on SMP has misinformation posted. Would this
be some of the information that Michelle McConnell mention in last week's
email regarding a "mix of facts" (see below). Does the right
hand know what the left hand is doing?
GET
THE FACTS
As the
Locally
Approved SMP (LA-SMP) continues through the State review process, many
Jefferson County residents and land owners have been tuning in for the first
time in this nearly 5-year process. There seems to be a mix of facts
and rumors circulating through our community. We want citizens to be well
informed as they form opinions and potentially provide comments on the proposed
update to the existing Shoreline Master Program (SMP).
Other related SMP Videos:
Ø April 26,
2010 - Commissioners
Briefing - Shoreline Master Program Part - 1 "WOW" -
Commissioners now would like to consider changing the word non-conforming...
Watch Commission Sullivan explain. Will that be for SSNW too or will that
be only for those wealthy shoreline owners?
Ø April 26,
2010 - Commissioners
Briefing - Shoreline Master Program Part - 2 "That's a good
comment" Al Scalf
Upcoming Meetings/Events:
May 10, 2010, 0900 hrs, Jefferson
County Board of County Commissioners (BOCC) Meeting;
ü 0901 - Public Comment
(up to 30 minutes);
ü
- Commissioners Briefing (time and duration
indeterminate);
ü
- Regular
Agenda
(time and duration indeterminate);
ü
- Recess to lunch;
ü 1330 - County
Administrator Briefing (duration indeterminate).
May 28, 2010, Juan de Fuca Festival of the
Arts, Port Angeles;
August 14, 2010, Fort Discovery Picnic, 1200 hrs, USN SAR
Helicopter, 56th US Army Band, Airlift NW, USN EOD Bangor, US Border Patrol,
SSNW ATFP Boat, Jefferson County Fire District #5, Clallam County Fire
Dist #3, Jefferson County Sheriff's Department and Costco.
Over 13,879 Jeffco101
channel views from concerned citizens!
Listen to citizens speak about the real issues in Jefferson
County. Watch for yourself and see what actually happens with your own
eyes and ears. Forward this email to your family and friends.
Click on Jeffco links below:
Respectfully,
Joe
D'Amico, Editor
Jeffco101