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VIA CERTIFIED MAIL
JEFFERSON COUNTY
OE?T. OF COMMUNITY DEVELOPMENT
DATE:
TO:
CC:
FROM:
July 28, 2004
AI Scalf, David Alverez, BOCC, PL VC, and LMC
Friends of Ludlow Bay, Mickey Gendler
Bert Loomis
RE:
a)
b)
Shoreline Primary Use Substantial Development Permit No.
SDP 91-017, [Expired 5/11/98]
Setback Violations Permit MLA02-00496 [10/25/02]
AI:
After reviewing the 125 documents provided by DCD, regarding MLA02-00496 and
BLD02-00546 [5 Town Homes / Heron Rd.], it is obvious that the County has erred and
allowed several permit conditions to be violated.
The fIrst violation is obviously DCD's failure to require a valid Shoreline Development
Permit prior to issuing a Building Permit to PLA. As you know, that permit is a
prerequisite for issuing any Shoreline-Building.Permit. [The required Shoreline
Development Permit #SDP91-017 expired on May 11, 1998]
The second violation is the failure of the townhouse construction to meet the 20-foot front
yard set back requirement of MLA02-00496. I call your attention Permit Condition #9:
"Minimum setback from Heron Road right-of-way shall be 20 feet."
Also, I call your attention to Condition #2 of the "Type 1 Land Use Permit":
"Minimum setback from Heron Road right-of-way shall be 20 feet."
On 9/30/02, your memo to PLA states: "The following information is needed to continue
review of your project."
"1) Add the proposed side yard setback on the south end of proposed building 700
(TH lot #26)."
Why did DCD fail to require the addition of a 20' front yard setback at that time?
Further, I call your attention to the Ludlow Bay Village Building 700 Site Plan:
Stamped "Approved" by DCD on 10/24/02
That plan clearly shows a front yard setback of less than 5 feet. How was this plan
approved by DCD when it clearly did not meet the minimum setback requirements?
Did the County not review the plan against the Land Use Permit requirements when
approving the plan?
On what basis did DCD building inspector, Frank Hall, approve the building setbacks
[1/27/03] of less than 5 feet?
LOG ITE"Ni
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On what basis did DCD building inspector, Frank Hall, approve the final certificate of
occupancy [10/21/03], when the front yard setback failed to meet the minimum permit
requirements?
As you know, every applicant for a Master Land Use Permit is required to sign the
following acknowledgements:
"Any material falsehood or any omission of a material fact made by the applicant /
owner with respect to this application packet may result in this permit being null and
void." --- "I further agree to save, indemnify and hold harmless Jefferson County
as a result of or in consequence of the granting of this permit."
Jeff Evanger, PLA's representative, signed that acknowledgment on 9/17/02.
Obviously, failure to obtain the required Shoreline Development Permit, along with the
failure to comply with the 20 foot set-back, constitutes an "omission of a material fact made
by the applicant / owner." Therefore. I expect DCD to enforce compliance of these permit
violations under the terms and conditions of the "Acknowledgment" as agreed to by PLA.
As you know, DCD has previously been put on constructive notice by Les Powers
regarding the liability created by Jefferson County's failure to enforce the 20-foot front
yard setback at Heron Road.
Let me know how DCD intends to correct these violations and prevent them from occurring
in the future. Will DCD develop a set of procedures that assure permits are not issued until
compliance with all legal and zoning requirements have been verified?
DCD must take immediate action that will clearly demonstrate to the Port Ludlow
community they serve the public interest and not those of the developer?
Please provide me with a written response to these questions by 5:00 p.m., August 13th,
I assure you time is of the essence.
Contact:
Bert Loomis
9500 Oak Bay Road
Port Ludlow, W A 98365
360-437-2400
bertl@cablespeed.com
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