HomeMy WebLinkAbout2961-438
Gl'vVT
~
(LCl~ d1-/~51 04 pC- Yl/V~
@)
z.-qbl
Comment Bv Peter Brockman at Plannina Commission Meetina 2/25/09:
RE: Jefferson County SMP Draft (12/3/08)
Article 7-1. Beach Access Structures
My name is Peter Brockman, I attended last week's planning commission meeting that
discussed beach access structures and had some comments and respectfully request your
consideration.
My expertise is in designing and building high quality, structurally strong, aesthetically
pleasing stairs to the beach that conform to existing topography with no slope
modification. I have 16 years of experience in this in Western Washington. In last two
years I have built 3 stairs that were inspected for final approval in Jefferson County. . . the
building inspector was very pleased with the craftsmanship. Geotechnical reports were
completed ()n the projects and each report concluded the projects were feasible and will
not increase the rate of bluff retreat or result in a decrease of the stability of the bluff, nor
will it have adverse impacts on adjacent properties and will not significantly impact
existing shoreline sediment transport processes. Also any portions of a project waterward
of the ordinary high water mark were approved by Fisheries.
On New Discussion Prohibiting Beach Access Stairs on "Feeder Bluffs". There is no
definition of "feeder bluff' in the State Guidelines or in WAC 173-26-020. This is a term
of art with various definitions in municipalities as well as in the academic community.
What has been found about the definition from any Ecology source is that there is not an
adopted regulatory definition of a "feeder bluff'. The description appears no other than a
bluff of any height that erodes and that the generic definition does not adequately
appraise as to the relative benefits or values of a particular bluff. There is no legal
perspective on "feeder bluffs". The bottom line is that our stair products do not
negatively effect feeder bluff shoreline functions. We have never run across an
assumption that they do in any other jurisdiction. We have a copy of a letter that was
sent to you from a Geotechnical Engineer and Engineering Geologist expert in this field
that confirms and explains these types of structures do not pose a danger to persons or the
aquatic environment when properly sited and constructed.
Simply how the planning commission should be handling this-- is that an applicant have
a geological reconnaissance (report) that is site specific completed by a qualified
Geotechnical Engineer on a slope with geological concern (recommend defining this by
when a slope is over a specific degree of slope - reasonably this could be over a 45
degree slope).
Regulation #5: Discussed stairs not allowed if "there is other available PUBLIC beach
access within 500 feet ofthe proposed access site." There is no rhyme or reason for this,
this was picked out of a hat and is not based on anything. This is unreasonable,
unjustified and there is no proliferation of building stairs to the beach as in all of
Jefferson County there were 4 new stairs permitted last year. For example I have an 80
year old client on Marrowstone Island that would just like a 20 foot run of stairs to his
waterfront (what if it was a 10ft. or 5ft. run) why should he be made to walk up to 500
feet and why can't he use his property? What if a waterfront owner can't walk that far--
again this is a taking issue of a property owner not able to reasonably use their property.
Why is he paying for waterfront when he can't even access it from his own property---so
what is he is supposed to do walk down the street 500 feet to reach a public access point
and then trespass pass through his neighbors waterfront to get to his? Also why are you
worried about proliferation when these properly built staircases do not have significant
adverse effects.
Regulation #7: In limiting any portion of the structure "in water or over water" this
should be clearly and specifically defined as waterward of the MHHW (Mean Higher
High Water which is defined as the trigger point for the US. Army Core of Engineers
review). It was discussed limiting this to 25 sq. ft.----yet you need to add the square
footage for a let- down stair/ramp to step offthis 25' sq. ft. platform to step to the ground
safely.
Proposed beach access stairs allowed in all shoreline designations when "ELIGIBLE" for
permit. Plainly and clearly they should be permitted. Realize even with a building
permit and following the proposed requirements, any part of the project waterward of the
ordinary high water mark also requires Hydraulic Project Approval from the Dept. of
Fisheries and waterward of the mean higher high watermark needs US. Army Corps. of
Engineers review. Waterfront owners have the right to access their own waterfront
property .
Beach Access Structures should be specifically listed under the definition of
appurtenance ---- they are an appurtenance to a single family residence-- meaning
structures and developments that are necessarily connected to the use and enjoyment of a
single- family residence.
Regulation #5: The width of any walkway, staircase or tower shall not exceed five (5)
feet". As stated in the definition of "Beach access structures" included is a "stair tower".
A staircase can be reasonably built at a width of 5 feet but it is not structural possible to
build a stair tower 5' in width. There are some banks/slopes that are more vertical in
nature and will require a tower type staircase or portions of one which are wider. The
purpose of a stair tower is to build the staircase within a tower to vertical span vertical
parts of a bank, this also avoids putting posts on the bank and avoids carving into the
bank. The staircase is built to in a sense to structurally spiral down. The smallest width
you can build a stair tower is 1 0' .
Thank you for your consideration.