05/22/2006: "ADU Ord: Little Has Changed"

By Jim Nelson

After more meetings and overwhelming public testimony opposing restrictions on guest houses (ADUs) the current ordinance proposed by the County Council still bears a very strong resemblance to the one previously agreed to by The Friends of the San Juans and Councilmen Lichter and Ranker in their August, 2005 settlement negotiations.

The proposed ordinance will make it impossible for many rural property owners to construct a guest house (ADU) which is separate from the main house or attached to an allowable garage or outbuilding. In addition the ordinance proposes to allow some freestanding ADUs subject to an annual limitation on the number of permits despite the fact that the Council has been advised by the County Attorney that previous Growth Board decisions specifically prohibit freestanding ADUs on rural lands.

The citizens of San Juan County voted to allow guest houses by a 73% margin. The Growth Board has allowed citizens in other counties to construct ADUs provided they are attached to accessory buildings. But our County Council still proposes to deny that right to many rural property owners. Some who have already made substantial investments and site planning decisions will be unable to follow through with their plans and dreams if the proposed ordinance is adopted.

Under the ordinance guest houses are prohibited on all rural lots of less than one acre, on all waterfront lots of less than five acres, on Ag Resource Parcels less than 10 acres and on all Forest Resource parcels less than 20 acres. Additional accessory buildings such as a barn, shop, studio, etc. would be prohibited on parcels of 1-5 acres if there is an ADU permit with a two car garage. Guest houses are also prohibited more than 100 feet from the main house and short term rentals are prohibited when an ADU permit is required.

If there is already a legally permitted guest house over 1000 square feet then construction of the main house is prohibited unless there is sufficient density for an allowable second residence. Of course, most rural land owners no longer have any additional allowable density available because of previous down zoning decisions by the county. ADUs are also prohibited in many existing accessory structures so many people who have a suitable existing building will be forced to build a new structure rather than utilize one they already have.

But wait, there's still more!
No more than 12% of prior year single family residential building permits (about 20/year for the whole county) will be granted a detached ADU permit. ADUs are prohibited in existing orchards, meadows or pasture, in areas of native plants, wildflowers or forest, on ridgelines or on rolling or steep slopes. No ADU can be larger than 1000 square feet and all must use the same driveway as the main house. All ADUs must have an additional full water membership (ERU) regardless of whether the water supply is already deemed adequate by the Health Dept. and the water purveyor.

The County Council should be aggressive in promoting and defending the will of the majority instead of making backroom deals with the "Friends". Despite a clear voter mandate to the contrary, this very restrictive ordinance micromanages guest house construction and denies the right to build a separate guest house to many rural property owners. It is not likely to be approved by the Growth Board in its present form. Under the proposed "vesting ordinance" which is also currently being considered by the Council, a very limited number of property owners who have previously constructed a detached guest house will only be allowed to construct their main house if they build within five years and agree to allow a permanent deed restriction prohibiting short term rentals to be placed as a notice on their property title.

This highly restrictive approach virtually guarantees further legal and administrative problems for the County and many more taxpayer dollars being wasted dealing with appeals to the Growth Board and the courts.

If you think the Council is headed in the wrong direction on this issue, please attend the June 6, 2006 County Council hearing in Friday Harbor or write the County Council to express your support for the right of all rural property owners to construct a guest house on their property in a way that best suits the property and the owner's plans and dreams.

(Jim Nelson has served as a member of the San Juan County Planning Commission for ten years)