06/21/2006: "Additional Time Granted In ADU Hearing"

A small victory was won by those who had asked the Court of Appeals to allow them to participate in the compliance hearing before the GMHB (Growth Management Hearings Board), when the Presiding Officer of the Board set a schedule that allows objections to the County Ordinance, and any additional motions, to be filed by July 5. It is still a tight schedule, but it was feared by those who wished to participate in the compliance hearing on the new ADU ordinance that they would not be allowed to do so.

A normal schedule would have provided up to 60 days from the date of publication for members of the public to challenge the ordinance to the GMHB, but the Council is in a hurry to have the ordinance reviewed and approved by the GMHB prior to the deadline running out on the case in the Court of Appeals. But those opposed to the ordinance what to hear what the Court may have to say about the what the County may or may not allow in an ordinance that controls and limits ADUs (Accessory Dwelling Units).

It was also unexpected that the GMHB would not only adopt the accelerated schedule, but that input would be by telephone. The express fear by many opposed to the Ordinance was that the hearing would be restricted to only the County Council and the Friends of the San Juan members that had made the original appeal that has resulted in the County being found to noncompliant with respect to "guest houses".

The hearing by telephone was described by some who participated to be quite unacceptable, since all of the parties involved were on the phone at one time, and confusion as to who was talking, and what was said, and a spokesman for the Friends questioned why others then the County representatives and those who had filed the appeal were allowed to be a part of the discussion.

The new compliance schedule is as follows:

● Compliance due – June 14, 2006

● County's Compliance Report and Index Due – June 21, 2006

● Objections to a Finding of Compliance and Motions to Supplement the Record Due – July 5, 2006

● County's Response Due – July 17, 2006

● Compliance Hearing – July 21, 2006 Telephonic

The order will also include the ruling that persons wishing to participate and meeting the GMA's requirements for participation pursuant to RCW 36.70A.330 (2) must notify the Board 14 days before the hearing if they wish to participate. That date is July 7, 2006.

Participants, Petitioners, and the County will be invited to address in their briefs or at the hearing the question of whether or not the Board can issue a compliance order before the 60-day appeal period on the County's action to achieve compliance is over.