News Release No. 3-2003
March 25, 2003
Growth Board Issues Guesthouse Decision
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
The Growth Board’s decision can be accessed on their website at http://www.gmhb.wa.gov/western/western_decisions/ww2003/03-03c_FDO_Compliance_Order.pdf.
Randall K. Gaylord
San Juan County Prosecuting Attorney
350 Court Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
(360)378-4101