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HomeMy WebLinkAboutLog003 " RE: 1"1eeting Friday Page 1 of3 Michelle Farfan from: Stacie Hoskins Sent: Friday, June 01, 2007 7:26 AM To: Michelle Farfan Cc: AI Scalf Subject: FW: Meeting Friday CJcM1~ ~ mutO~-0\Y Please take the lead on this project. You'll also need to pull BLD04-00355 from archives to fulfill their request. You can coordinate with them or go through Rose Ann as a Public Records Request. Good morning Michelle, Once you've compiled some information, let's meet to discuss and draft a request to David A. Thank you, Stacie Stade L. ~~ Development Services Manager. DRD Jefferson County Department of Community Development 621 Sheridan Street Port Townsend. WA 98368 Phone 360-379-4463 Fax 360-379-4451 shoski ns ~ co. jefferson. wa. u S All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW From: AI Scalf Sent: Thursday, May 31, 2007 3:03 PM To: 'Keith Moxon'; Stacie Hoskins Cc: Burnett, James E. Subject: RE: Meeting Friday Keith I did receive the letter from Pope Resources. We have not had a legal review on the issue of the doctrine of dimishing assets doctrine and how it would apply to a permit process. Stacie is the Development Services Manager, or the Code Administrator. She will coordinate this with our legal counsel and then we will communicate back to you. This should take a couple of weeks. AI From: Keith Moxon [mailto:KMoxon@BUCKGORDON.COM] Sent: Wednesday, May 30, 2007 4:39 PM To: AI Scalf Cc: Burnett, James E. Subject: RE: Meeting Friday Importance: High 6/1/2007 L' ..0.. .G", lT11=IfI,!" .. . .' ..,-,,,,,. V f ~_~~r #3 Paae~~1 3 . RE: Meeting Friday Page 2 of3 AI- Thanks again for meeting with Jim Burnett and me on May 11th. I received a copy of the letter dated May 21, 2007, that Mr. Nunes sent to you on behalf of Pope Resources, the owner of the mineral resource land in question. My client is very interesting in proceeding with his plans to develop this site for mineral extraction based on the non-conforming use rights applicable to this lease area under the doctrine of diminishing assets established by the Washington Supreme Court. We assume the County has had an opportunity to confirm the scope of this non- conforming right based on the historical information provided and based on the owner's clarification of intent as far back as 1979 regarding this site. Please let me know if the County has concerns or questions about the planned mineral operations at this site. My client will be submitting a building permit application, site plan and SEPA checklist relatively soon, perhaps as early as 30-60 days. Also, would you please forward a copy of the documents in the County's files for case number BLD04-00355 that was on the list you provided for parcel number 821302001? We are interested in any documentation of any County permits or other County approvals related to the previous and existing Shine quarry operations. Thank you very much for your attention to this matter. Keith From: Keith Moxon Sent: Wednesday, May 09, 20073:04 PM To: 'ascalf@co.jefferson.wa.us' Cc: Burnett, James E. Subject: Meeting Friday Importance: High AI- Thanks for taking the time to talk yesterday afternoon about the mineral resource issues at the Shine quarry site. Attached is a copy of the Washington Supreme Court decision dealing with the diminishing asset doctrine with respect to determining the extent of non-conforming use rights for mineral extraction sites. I have highlighted portions of the decisions relevant to the issues we discussed, including the primary holding of the case: The proper scope of a lawful nonconforming use in an exhaustible resource is the whole parcel of land owned and intended to be used by the owner at the time the zoning ordinance was promulgated. We therefore adopt the doctrine of diminishing asset to determine the lawful scope of the nonconforming use in mining operations. I understand that you are available to meet with me and my client, Jim Burnett of Iron Mountain Quarry, this Friday afternoon (May 11) at 1 :30 or 2:00. I expect that the meeting would last about an hour. We will try to be at your office at 1 :30, but we will call you if we are running late (I have a meeting in Seattle in the morning, so I am not sure which boat we will be able to catch). Thank you for your time in discussing these issues with us. We look forward to meeting with you on Friday. Keith << File: mcquire.decision.rtf>> ;..O"~f<" 1l."w .. ' ,," #.~1=r... .... '" P 'l '" ace c:7--.- 6/112007 3> . T E: Meeting Friday Page 3 of3 Keith E. Moxon Buck & Gordon LLP 2025 First Avenue - Suite 500 Se~ttle, Washington or g l~ 1-- ~ I Y Q (206) 382-9540 kmoxon@buckgordon.com This e-mail is intended only for the use of the individual or entity to whom it is addressed and may contain confidential. privileged information. Ifthe reader of this e-mail is not the addressee. please be advised that any dissemination. distribution or copying of this e-mail is strictly prohibited. If you receive this communication in error. please call immediately (206)382-9540 and return this e-mail to Buck & Gordon at the above e-mail address and delete from your files. Thank You. 6/5/2007 #~2=,~p "' p ~ , aoe ..:/ "~:;f3 .