01/04/2007: "Last Hurrah On Guest Houses? Unlikely."

At some point, the regulations that govern ADUs (Accessory Dwelling Units, aka: Guest Houses) will be, as they say "settled law", but that time has not yet come, and a long ongoing appeal of the regulations on Guest Houses will once again take place on Orcas (1-5-07) in front of the GMB (Growth Management Hearings Board) (Past related story)

The appeal of the Guest House ordinance between the County (and the Friends of the San Juans) on one side, and a group of citizens on the other side, may settle some of the arguments, but is unlikely to be the end of the battle.

The two groups are scheduled to make their case before the GMB, and the County and the Friends will be squaring off with a group of citizens who have appealed last years passing of an ordinance that contains major changes and new restrictions on the construction of ADUs in San Juan County.

There are a number of issues, but the common thread that now seems be holding all of the arguments together for review, is the basic question of the fairness of the public process. Did the County follow proper procedures, acting in a good faith and in an open manner that allowed full discussion of all of the issues -and do so in a timely way- or, as those who have appealed imply, did the County make a back room deal with the Friends, and then simply push through the ordnance in a piece-meal fashion in violation of both state and county regulations, and did so without a full understanding of some of the potential negative impacts on the environment.

The appealing parties point out what they believe will show the missteps and failure of the County to follow the proper sequence of steps, and a failure to move forward in the full light of public review and participation. The County says they did everything according to the law.

Depending on how the basic issue pf proper procedure gets settled, some finality may be reached if the GMB finds the County acted according to law, or if they should find the ordinance was not passed in a manner as required by law, it may open up the ordinance to both legal and public inspection of the content; and continue to call into question the wisdom of many of the regulations contained therein. (Past related story)