| This is a true story about private property rights, Washington State Growth Management Act (GMA), Kitsap County’s Urban Growth Area (UGA), zoning requirements and development regulations.
The subject is five acres in the family since 1930 and has been passed down from grandparents to parents to two sisters. It is located and fronting on Tracyton Boulevard and it is also inside the Silverdale UGA boundary. This subject property has one single family home on it that was built in 1986, approximately 1442 square feet. The 2006 property taxes are $3,500. The two sisters would like to build one additional dwelling unit on the five acres allowing them to both have their own home.
Because of the State GMA and the County Zoning inside the UGA boundary, the owners have been told by the Department of Community Development (DCD) that they cannot build just one additional house but must plan for 4 units per acre and must install all roads, utilities, infrastructure and storm water controls in order to create any additional legal buildings lot(s). This is commonly referred to as the Site Development Activity Permit (SDAP). The cost of this legal lot creation would be prohibitive and does not accomplish the desired result, on additional legal lot.
Also, as part of the UGA zoning requirements, is the following “footnote 48” which comes from Kitsap County Code 17.381.050.A.48”
“Within urban growth areas, all new residential subdivisions, single-family or multi-family developments are required to provide an urban level of sanitary sewer service for all proposed dwelling units.” Adopted 12 Dec. 2006.
This footnote also makes any development of the subject property impossible because there is no sewer in the area.
The GMA also requires that government is to provide “capital facilities.” However, even though we are over 15 years into the GMA, very little construction of infrastructure has been accomplished.
The government is requiring that growth must go inside the UGA. However, government is not providing the infrastructure for growth so that land owners can develop to the required densities.
Bottom line for the two sisters is: No, they cannot build a second dwelling on their parents homestead.
However, under present rules they can build one accessory dwelling unit (ADU) of not more than 900 square feet. This is unacceptable.
If you feel that this story is about government taking away private property rights, then I encourage you to get involved in your county Department of Community Development.
For more information call (360) 725-3000 or write Growth Management Services, Community Trade Economic Development (CTED), 906 Columbia Street SW, P.O. Box 48350, Olympia, Wash. 98504-8350. You can also see Growth Management Services’ website at www.cted.wa.gov/growth.
John M. Taylor
Real Estate Consultant
Silverdale
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