04/14/2009: "Council Uneasy With Henrickson Rulings"

(CD&PD Director Ron Henrickson & Building Official Rene Beliveau answer Council questions)

The County Council held a work session on Monday to discuss a new interpretation of the construction code by Ron Henrickson, Director of Community Development and Planning, that a building “customarily accessory to and incidental to that of the dwelling” cannot be built until the house is built.

When the issue of sequencing of construction was brought to the attention of the council by local contractor Tom Nolan, the council seemed surprised by the news, and asked for a review by County Prosecutor Randy Gaylord and additional information from Henrickson; and scheduled a review time. (Related Story)

A number of people showed up for the 10:00 a.m. public access on Monday, and then again for the work session at 11:30. There was no support shown for Henrickson’s new interpretation of the existing code.

Gaylord told the council that “In reviewing the code we do not have any provisions that concern the sequencing of construction;” and said the council could give a policy to County Administrator Pete Rose to remove any ambiguity in the interpretation of the code.”

Henrickson argued that if the council was to embrace the past policy of allowing accessory buildings prior to building a house, then they should not allow water, sewer and heat to be installed in them, reasoning they are “not designed for living, so you [will] have people living in un-safe & unsanitary facilities ..there is no way to monitoring. if you had water and heat, I believe you will have people living in them”

Councilman Rich Peterson explained to Henrickson that someone may want to have water in a garage to wash a boat or a car, and a basin to wash their hands, and added that heat would be desirable to protect items stored in a building and protect water pipes.”

Councilman Howard Rosenfeld said he was a “little confused on this issue because it is important to try and balance property rights and also to protect neighbors from something that could depreciate their property.”

Rosenfeld asked Henrickson if he had found out how other counties issue their permits. Henrickson did not answer the question, but simply repeated that an accessory building could not be built unless there was a house. Henrickson then said that he did not believe the shoreline owners with millions of dollars invested in their properties not want their neighbors to have accessory structures without homes; do not want home occupations, do not want ‘bunk houses’.” He said “it is an issue of community values.”

Former County Commissioner John Evans had submitted a memo to the council stating “The County should take a long and serious look at policy changing interpretations emanating from the CDPD that change the historical character of the islands. In this case, the ruling means only those who can afford to build a new house would be allowed to make improvements on their property. There are many valued members of this community who started out with a piece of land and humble circumstances as they built their future in the islands. Most of us do not want the door closed in the faces of all but the financially well established.”

John Lackey and others in attendance pointedly asked the council “What’s the problem; it’s been like this for a long time, do we now have a lot of people livening in garages?’ Adding he “did not know where were going with this.”

Unlike Hendrickson, Lackey had checked with the building departments of the surrounding counties, and found they have followed what San Juan County has always done “for years past”, which is to allow -as the code states- an “Accessory Structure:..customarily accessory to and incidental to that of the dwelling..”

Evans said “Up until this re-interpretation event, everyone has found the meaning to be quite clear; the County does not and never has regulated the sequencing of structures on a parcel.”

Tom Noland said he agreed with Evans that the rules do not need to be changed, they only need to be interpreted as they had in the past.