Detached guest houses prohibited on rural lands

A prohibition against building detached guest houses in rural lands remains in effect, following a recent decision by a judge in Thurston County Superior Court.

Judge Daniel Berschauer dismissed claims of county officials that a state review panel had erred in striking down local rules that allow construction of free-standing accessory dwelling units (ADUs), commonly known as guest houses, in rural land-use districts. The prohibition went into effect three years ago. Berschauer issued a summary of his ruling Jan. 9.

But Berschauer also rejected claims by the Friends of the San Juans that the county’s analysis and report regarding the impact of ADUs was inaccurate.

Under a county ordinance the Hearings Board rejected last March, detached guest houses -- ADUs -- are not counted as density units. The Hearings Board called the omission a “fatal flaw”. It was the third time in less than four years revised rules governing guest houses had been struck down by the Hearings Board. County commissioners then took the case to court.

Berschauer determined that the county ordinance is inconsistent with state planning guidelines that protect rural lands, adding that the Hearings Board was correct in its decision to turn it down. The county’s own analysis of ADUs suggest that its ordinance runs afoul of the state Growth Management Act, Berschauer said, adding that the “report notes that detached ADUs can affect rural character by causing structural density effects.”

But Berschauer determined the Hearings Board went too far in restricting the use of guest houses in county resource lands and overturned its decision on the local ordinance. The judge ruled that the Hearings Board could not restrict terms of a rental agreement or limit occupancy to “certain classes of renters”.

Comment on this story.

COMMENTING RULES: We encourage an open exchange of ideas in our online community, but we ask you to follow our guidelines for respecting community standards. In a nutshell, don't say anything you wouldn't want your mother to read.