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My family built a new shoreline home 18 months ago, the process was long and difficult
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Jeanie Orr
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From: vickster4800@sbcglobal.net
Sent: Thursday, January 29,20091:27 PM
To: jerry coburn
Cc: JerCobum@aol.com
Subject: Public Comment draft SMP
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January 29, 2009
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Via Email
Jefferson County Planning Commissioners
Public comment on draft SMP
Dear Commissioners,
My family built a new shoreline home 18 months ago, the process was long and difficult.
We took extra care to be fully compliant with all regulations.- we increased our required setback from the
bluff by over 60%, placed our drain field hundreds of feet further away from the bluff than required,
solicited input and direction from the Jefferson County Conservation district on how to best manage our
bluff in a native state and followed their recommendations. We felt we were being good stewards of our
land. How could we have anticipated that through a regulatory process we could end up with a non
conforming home?
This draft SMP goes well beyond any reasonable regulations and will have a negative effect on most
shoreline properties. The draft SMP will make all legally conforming homes and structures non
conforming if they fall into the new buffer/setback distances. This document would make the
overwhelming majority of current shoreline homes
non conforming structures.
Increasing buffers from 30 feet to 150 feet plus 10 foot setback for building is not supported by any
responsible science.
The language is confusing determining whether you will be able to rebuild your home if it is destroyed
in a disaster on the original footprint within the buffer-setback area. (160') Whatcom County SMP
changed this section and in clear language stated the homeowner would be able to rebuild on their
current footprint.
The ability of a shoreline property owner to expand a shoreline house will be limited at best. This will
decrease property values.
Article 6 D 10 appears to give the administrator unlimited powers a increasing the 160' buffer/setback.
iv. The land adjacent to the ordinary high water mark is steeply sloped (25% or greater)).
This is not a steep grade, we have paved roads that you can ride a bicycle up that are steeper that 25%
(12 ~ degree angle)
1/29/2009
My family built a new shoreline home 18 months ago, the process was long and difficult
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The draft SMP is so restrictive that future private stairs to the shoreline will be almost impossible. As a
property owner you will not have access to your own land.
The current SMP is so restrictive and tedious that a total of nine permits for shoreline access have been
issued in the last two years in all of Jefferson County.
The state supreme courts recent decision in Futurewise v. Western Washington Growth Management
Hearings Board casts serious doubt over the enforceability of critical area regulations on the shoreline.
The courts also ruled against many of the buffers and setback requirements established by the critical
areas ordinance, and referenced by the draft SMP.
On a larger stage the state and federal constitutions prohibit the government from taking property
without due process and compensation. (5th and 14th amendment)
This document is very restrictive and will not offer relief through a variance. The county has
preliminary authority to recommend variance requests, the SMA gives Ecology the last word in
approving or denying such requests. Any suggestion that a property owner could get relief on non-
conforming use restrictions by variance with the department of Ecology's having final authority is a
very long shot at best.
The current SMP in itself is a very restrictive document, it can take years to just gain access to your own
shoreline or to build a home following all the current regulations. I think we all have all been
misinformed as to the real effect of the draft SMP, the real effect is it will take man out of the
environment. There is currently more than enough protection on our residential shoreline property
under the current SMP.
With Respect,
Jerry & Diana Coburn
385 Old Oak Bay Road
Port Hadlock, WA. 98339
1/29/2009