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Richard Scrivner [duke638@hotmail.com]
Friday, January 3D, 2009 1 :53 PM
Michelle McConnell
Shoreline Master Program
@
Good Afternoon Michelle,
Thank you for taking the time to discuss and explain certain aspects of the Program the other day, as
they relate to conditions (proposed and existing) impacting an individual property owner. Again, we own
7.5 -acres situated on what would be considered the west/southwest side of Fisherman's Harbor in the
Coyle area. Our parcel number is 501-0410043 and our recorded tax lot is 48.
My following comments/concerns are primarily focused on Article 7. Beach Access StairsfTrams.
1) Every legal lot owner should be granted, at least, the opportunity to provide a safe stair structure from
the bluff of their property to the adjoining beach. If the stairway can be designed in a manner that takes
advantage of the existing contours and requires minimal disturbance to the bank, then it should be an
Administrative Review and Approval process. Minimal disturbance could be no removal of trees or
boulders of certain diameter and no reshaping of the existing bank conditions. General clearing of brush
and loose material is acceptable. Fees would be attached but generally these would be approved.
Perhaps the assistance of a landscape architect would be beneficial in this particular review.
2) If the proposed stairway is doable but requires some tree or boulder removal, bank reshaping or to
even out a steep incline, then a Conditional Use Permit (CUP) would be required. Said CUP would be
subject to an engineered design and stamp, professionally installed, restricted to the 5-foot width and
must conform to development criteria, such as type of wood used, step clearance hand rails, ect., similar
to that of CC&Rs for a residential or commercial development. Fees would be attached but no guarantee
of approval.
3) In either case, the property owner would be required to execute an indemnification notice, indemnifying
the County from any liability, responsibility or risk with the integrity and safety of the stair structure.
4) In either case, the property owner should be required to post a bond for the stair structure. This will
provide financial incentive to the property owner to complete the project as approved. Also, it would
provide the County with a guarantee and option that if the project was not completed or repaired
according to the conditons of approval, that the County can access said monies and either complete the
project or have it removed. Either way, the County is not out any money and the enforcement is pretty
straight-forward.
5) The main concern about proposing shared structures is that the County is ultimately forcing
relationships between property owners, where one might not be attainable. This could be due to
financial differences, personality clashes, determining maintenance and repair responsibilities,
etc.. There are also the property tax and assessment implications of who receives what benefit or
adjustment. The ideal of this type of collaboration, although on paper it looks good, rarely sustains itself
and usually ends up in litigation.
In conclusion, every property owner should be afforded the opportunity to pursue their own stair
structure and access from the bluff of their property to the beach. If they have the means to afford such
a project, and can safely have it constructed in accordance with the pertinenet review process, then they
should be properly approved to do so. If they can't afford it or build it according to the conditions of
approval, then the structure does not get built. The situation remedies itself.
I could go on but I think you get the jist of my lobbying efforts. The above described format is
doable. Thank you for the opportunity to share my thoughts and provide comment to this important
Program. If you have questions or need further clarification, please contact me at your convenience.
Please keep me posted as to the next steps in the County's review process.
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Sincerely,
Richard K. Scrivner
Windows Live™ Hotmail@...more than just e-mail. See how it works.
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