Guest house talks collapse

The ongoing battle over local guest house rules is on course for another courtroom showdown after a second attempt to negotiate a settlement failed.

County officials and opponents of the troubled rules were unable to reach a compromise last week following eight hours of negotiations. The negotiating teams, which include Prosecuting Attorney Randy Gaylord, fell short of a compromise during a mediation session late last month.

Gaylord said the parties could not overcome several “major” issues despite coming close to agreement on many contentious points. County officials were willing to but a cap on guest house permits, tighten restrictions on guest house sites, and institute a minimum lot size needed to qualify for a guest house, he said.

"The parties discussed establishing a minimum parcel size of four acres in the upland areas and two acres for parcels that are part of the shoreline, and the prohibition of an apartment over a garage in the shoreline,” Gaylord added. “But there was not agreement on these points."

Furthermore, he said, the county dismissed the request to set aside its challenge of an earlier court ruling or delay its case before the state Court of Appeals. Though the case has yet to be heard, the appellate court is not expected to issue a verdict for at least 12 months, he noted.

“The Friends of the San Juans gave an ultimatum to postpone the lawsuit or halt mediation,” Gaylord said. “It's time to bring this matter to conclusion. We have a brief due in 30 days; we need to keep moving."

Construction of detached guest houses -- or accessory dwelling units --has been banned for nearly four years in rural lands because local rules do not comply with state planning guidelines. Two judges in Thurston County have agreed with the opponents’ claim that building two houses on one lot “doubles the density” allowed on rural lands, as has the Western Washington Growth Management Hearings Board on two occasions.

Though agreement between the parties remains elusive, local residents will have an opportunity to weigh-in on the topic July 21 when state legislators convene a public hearing on the issue in Friday Harbor.

Friends Executive Director Stephanie Buffum said county officials refused to include any type of provision into the ordinance that guarantees some percentage of ADUs would remain affordable. One out of every 12 guest houses is rented long-term at rates that are affordable, she said. Without such a “public benefit” there’s no reason to support a rule that violates the GMA, she added.

“From density to affordable housing funding mechanisms, we laid an innovative path for our county leaders to cross,” she said “In the end, the (commission) was unwilling to cross this courageous path toward GMA compliance.”

Buffum said the ordinance remains out of compliance with state guidelines nine months after the Hearings Board last ruled against it, and despite two court decisions. Friends and its allies will ask that the Hearings Board order the county to change its ordinance so it complies with the Growth Management Act, Buffum said.

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