Duplexes not allowed on substandard lots

 

7-Lakes won in Superior Court in early April when a judge overturned a code interpretation that would have added extra density to the rural areas of Snohomish County.

 

“There is no loophole,” said 7-Lakes president Ellen Hiatt Watson. “Duplexes are not and never have been legally allowed on substandard lots.” Watson, with 7-Lakes and Warm Beach residents Bob Landles and Roger Hill sued in Superior Court to have the decision overturned. Judge Michael Downes agreed that there was no loophole. The exception that allows for single family homes on substandard lots did not leave room for duplexes.

 

County Planning Director Craig Ladiser in August of 2008 declared there was a loophole in the county code, allowing for duplexes on substandard lots. These lots are small lots in parts of the county that are zoned for one house per 5 acres, and are typically found on waterfront locations. The interpretation, later opposed by the Snohomish County Council in a resolution declaring the legislative body disagreed with the finding, allowed for 27 duplex applications in Warm Beach to be processed.

 

7-Lakes had tried to meet with the director before the code interpretation was made, but was granted an appointment  after the decision was announced.

 

“It’s unfortunate that the director did not make the decision in a manner that included public input. It could have alleviated putting the citizens through such an expensive process, and causing a delay for the property owners in knowing the real potential of their land,” said Watson.

 

“Just as important,” she added, “this has cost all of us who fund our county government terribly, as they’ve had to defend in court a decision that was defenseless. Had the public been engaged earlier, it might have been avoided.”

 

Since the decision was made, the Snohomish County Council also curtailed Ladiser’s ability to make code interpretations without holding public hearings.

 

Watson, Hill and Landles also met with the applicants of the duplexes after filing suit, hoping to avoid the litigation.

 

“We’re not seeking to end all development or keep people from the best use of their property,” said Watson. “But we have to have some integrity in our planning so that citizens know the codes will be upheld.”