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<br />Michelle McConnell <br />From:jerry mills [] <br />Sent:Tuesday, May 11, 2010 2:59 PM <br />To:Stewart, Jeff R. (ECY) <br /> <br />Subject:Jefferson County proposed 2009 SMP Amendment <br />Categories:LASMP Public Comment <br />Mr. Stewart, I would like to express my concern that the proposed 2009 SMP amendment does not adequately address <br />the right of an landowner to repair or replace an existing structure that has been damaged. Specifically, I purchased a <br />home 10+ years ago in Jefferson County along hood canal. If that home is damaged or destroyed by accident, fire, <br />flooding or the elements, the proposed amendment makes it unclear whether I have the right to repair or rebuild that <br />structure, especially since the lot size makes it impossible to comply with the proposed setback rules. <br /> <br />I am especially troubled by the language in Article 9, Section 3 which states that “replacement may be authorized as <br />repair”. The use of the term “may” implies that the treatment of replacement as repair is discretionary. Why should <br />this be discretionary? The proposed amendment should clearly state that both repair and replacement are permitted. <br />Article 9 is clear that exemption from the permitting process is not exemption from compliance with the Act. So does <br />this mean that I will be denied the right to repair or replace my dwelling because I cannot satisfy the setback <br />requirements? <br /> <br />The same is true regarding bulkheads and the ability to repair or replace them if they become damaged and threaten the <br />stability of the lot or the structures. It should also specifically address the threat of rising sea levels and authorize the <br />repair or replacement of a bulkhead if it is threatened by rising sea levels. <br /> <br />This amendment in its present form penalizes existing homeowners and jeopardizes the investments they made in good <br />faith and in compliance with the existing laws. This proposed amendment needs clarification. <br /> <br />Thank you for your consideration. <br /> <br />Jerome Mills <br />Independent Partners Group, LLC <br />3161 Elliott Avenue, Suite 380 <br />Seattle, WA 98121 <br />800-750-5008 <br />206-218-0800 <br />206-218-1018 (fax) <br />1 <br />