HomeMy WebLinkAbout163.Mills, J. 5-11_Jefferson County proposed 2009 SMP Amendment
Michelle McConnell
From:jerry mills [jerry@ipgannuity.com]
Sent:Tuesday, May 11, 2010 2:59 PM
To:Stewart, Jeff R. (ECY)
Cc:jalamills@comcast.net
Subject:Jefferson County proposed 2009 SMP Amendment
Categories:LASMP Public Comment
Mr. Stewart, I would like to express my concern that the proposed 2009 SMP amendment does not adequately address
the right of an landowner to repair or replace an existing structure that has been damaged. Specifically, I purchased a
home 10+ years ago in Jefferson County along hood canal. If that home is damaged or destroyed by accident, fire,
flooding or the elements, the proposed amendment makes it unclear whether I have the right to repair or rebuild that
structure, especially since the lot size makes it impossible to comply with the proposed setback rules.
I am especially troubled by the language in Article 9, Section 3 which states that “replacement may be authorized as
repair”. The use of the term “may” implies that the treatment of replacement as repair is discretionary. Why should
this be discretionary? The proposed amendment should clearly state that both repair and replacement are permitted.
Article 9 is clear that exemption from the permitting process is not exemption from compliance with the Act. So does
this mean that I will be denied the right to repair or replace my dwelling because I cannot satisfy the setback
requirements?
The same is true regarding bulkheads and the ability to repair or replace them if they become damaged and threaten the
stability of the lot or the structures. It should also specifically address the threat of rising sea levels and authorize the
repair or replacement of a bulkhead if it is threatened by rising sea levels.
This amendment in its present form penalizes existing homeowners and jeopardizes the investments they made in good
faith and in compliance with the existing laws. This proposed amendment needs clarification.
Thank you for your consideration.
Jerome Mills
Independent Partners Group, LLC
3161 Elliott Avenue, Suite 380
Seattle, WA 98121
800-750-5008
206-218-0800
206-218-1018 (fax)
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