08/21/2006: "ADUs: Questions Still Remain"

Last Friday the Growth Management Board (GMB) ruled for the County Council (CC) when it found the County is no longer non-compliant when it comes to where, and how many, Accessory Dwelling Units (ADUs), or "Guest Houses" can be permitted in San Juan County. Previous story & copy of Order Only problem is, there is a raft of legal questions still floating around that either the Courts or the GMA have yet to give guidance to, and there are folks on both sides that are arguing about where the high ground is.

Former SJC Planning Commissioner Jim Nelson states in a Letter to the Editor that the lifting of invalidity by the GMB has left a number of questions unanswered, such as : Can a property owner of rural or resource land have a detached guesthouse and a main house, if they own less than 10 acres? Peg Manning, an attorney and land owner on Orcas stated that "The Board somehow ruled that the new ordinance was enough to lift invalidity but reserved the question of whether it was compliant itself. "

Former County Commissioner John Evans has a submitted a Guest Editorial on the subject, and what it can mean to the San Juan County in terms of both intended. and unintended. Consequences.

Nelson, Manning and John Evans expect the Board's decision will be appealed to the local Superior Court. In the meantime there is still the question of how the GMB will view the recently passed so-called "Vesting Ordinance", (Previous story) that was recently passed by the CC in an attempt to address the problem of those land owners who built a small guest house in anticipation of later building a main residence, and then found that overnight the "guest house" had legally become their "main house". There is a hearing before the GMB on that in November.

And there is the problem of that original ADU case the former Board of County Commissioners had appealed to the Court of Appeals. The current County Council keeps asking the Court to hold-off on a making a ruling, and so far the Court has granted all of the CC requests for extensions, but it could soon rule on the appeal. Peg Manning states "while the Council and FSJ may try to get it dismissed, the Council is on record (via Prosecuting Attorney) saying that lifting invalidity will not moot the appeal.". According to Manning, if the CC does try to have the case dismissed, " We are preparing a major brief in opposition to any such action" If the Court does rule, and depending on the decision, the ruling could negate or reverse some, or all, of the Growth Management Boards rulings on the ADU issue.