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Jeanie Orr
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From: Leslie Locke
Sent: Wednesday, February 11, 2009 1 :37 PM
To: Michelle McConnell; Jeanie Orr
Subject: FW: February 9, 2009 Jefferson Co. Commissioners mtg.
From: Phil Johnson
Sent: Wednesday, February 11, 2009 1:30 PM
To: Leslie Locke
Subject: FW: February 9,2009 Jefferson Co. Commissioners mtg.
From: JerCoburn@aol.com[SMTP:JERCOBURN@AOL.COM]
Sent: Wednesday, February 11, 2009 1 :23:06 PM
To: dsulivan@co.jefferson.wa.us; Phil Johnson; John Austin
Cc: JerCoburn@aol.com
Subject: Fwd: February 9, 2009 Jefferson Co. Commissioners mtg.
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Dear Sirs,
Commissioner Sullivan commented at the end of the public comment period that a shoreline property
owner could solve nonconforming use problems through the SMP's variance provisions. Sorry if that is
not the exact wording but that was the general message I heard.
It is my understanding that while the County has the preliminary authority to recommend variance
requests, the Shoreline Management Act gives Ecology the last word in approving or denying such
requests
see RCW 90.58.140(10).
RCW 90.58.140(10) states that "any permit for a variance or a conditional use by local government
under approved master programs must be submitted to the Department of Ecology for its approval or
disapproval". This sequence of review is reiterated in Ecology's SMA implementing regulations. see
WAC 197-27-200
I feel it is misleading to imply that the County can help its aggrieved citizens with a variance. Ecology
has the power. Any suggestion that a property owner could get around a non-conforming use
restrictions by simply submitting a variance request seriously understates the difficulty in getting such
a variance. The Commissioners and the Planning Commission should keep this in mind as it
evaluates the scope and effect of the nonconforming use restrictions.
The County Commissioners and the Planning Commission could ask for a written statement from the
Assistant Attorney General representing Ecology telling you how liberally or strictly Ecology has
historically applied variance provisions.
What I am trying to say is, when you approve this document we will have to live with it as it is written.
With Respect,
Jerry Coburn
385 Old Oak Bay Road
Port Hadlock, WA.
2/12/2009