News Release No. 2004–7
October 19, 2004
GROWTH BOARD RETURNS TO ORCAS ISLAND FOR GUESTHOUSE ISSUE
Should an owner who has built a guesthouse be allowed to build a main house? That issue will be taken up by the Growth Management Hearings Board on Monday, November 8, 2004 at 1 p.m. at the Orcas Island Fire Station in Eastsound.
San Juan County Prosecutor Randall K. Gaylord says that this issue was decided by the Growth Board at the request of the County over three years ago on April 6, 2001. At that time, the Growth Board said that owners of a guesthouse could build a main house, but a detached guesthouse could not be built.
"It’s really a matter of fairness in the sequence in which a homeowner has chosen to construct their residence in reliance upon the County regulations," said Gaylord. "At this point it’s also a matter of fairness of this Growth Board honoring the Orders issued in 2001 by a different Board," said Gaylord
Gaylord pointed out that the April 6, 2001 Order was issued by Board Members William Nielsen and Les Eldridge, both of whom have retired. The current Growth Board members are Holly Gadbaw, a former councilmember of the city of Olympia, Margery Hite, a former attorney for Snohomish County, and Gayle Rothrock of Vancouver, Washington.
The issue was raised to the Growth Board by Maile Johnson, Lynn Bahrych and Joe Symons and the Friends of the San Juans. According to the Challengers, the County has issued a policy statement that allows for the "backdoor method of continuing to allow double density," and that the County is performing a "magic trick."
In a response, the County argues that the Challengers altered e-mails to create a "San Juan County Policy Statement" where none existed. According to the County, it is simply relying upon the April 6, 2001 Order of the Growth Board which expressly allows the construction of a main house where a guesthouse has already been built.
Over sixty people were notified of the hearing. "There is no question about it. This was a hotly contested issue when it was considered in 2001," said Gaylord. "I am concerned that the Growth Board did not reject the Challengers’ arguments summarily. Anyone who is concerned about this issue should make plans to submit a statement in writing and attend this hearing," he added.
A copy of the County’s submission to the Growth Management Hearings Board may be found at the prosecutor’s website, www.co.san-juan.wa.us/prosecutor or by calling Toni Bailey at the San Juan County Prosecutor’s Office at 360-378-4101.
Randall K. Gaylord
San Juan County Prosecuting Attorney
350 Court Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
(360)378-4101