News: County will appeal guest house ruling

Say you own a five-acre parcel and are allowed to build one home on it. Should you be allowed to build a detached guest house as well?

County commissioners hope a state Appeals Court will say yes.

Commissioners decided Jan. 21 to appeal a court decision regarding the construction of detached guest houses on rural and resource land. The court ruled that detached guest houses count toward “property density” — the number of homes allowed built on a parcel. Commissioners don’t want guest houses to count toward density, because they see them as options for affordable housing.

Deputy Prosecuting Attorney Alan Marriner expects the appeal to go to the state Appeals Court in fall. In addition, Commissioner Darcie Nielsen was in Olympia Jan. 22 lobbying for a change in the Growth Management Act that would allow construction of detached guest houses without being counted toward density.

Marriner said he’s “frustrated.” “We’ve appealed before and not prevailed,” Marriner said.

Superior Court Judge Daniel Berschauer ruled on Jan. 9 that the county erred when it didn’t count detached guest houses as “density units,” or separate homes, in an ordinance. Berschauer’s decision upholds an earlier decision by the Western Washington Growth Management Hearings Board. The county’s rules regarding guest house construction have been struck down three times in less than four years.

Commissioner Rhea Miller said counting detached guest houses toward density compels property owners to build “mega-homes” or larger homes that contain “internal” guest quarters or attached guest houses. There is no limit to the size of a primary home, but detached guest houses — which can be used as rentals or for family members — are limited in size by law.

A detached guest house would “have to be subservient to the main house, clearly part of a complex with the same driveway,” Miller said. “It’s been our focus to make sure they are not seen as second density units. Berschauer focused on the issue of ‘second structure,’ not realizing that they could have a lower impact.”

She added, "I would much rather see a house and a cabin than a mega-home on the shoreline."

Marriner said one of the problems is the state’s Housing Policy Act, which encourages the development of “additional dwelling units,” conflicts with the Growth Management Act, which seeks to limit development on rural land.

Miller said San Juan County is the only county in which detached guest houses are illegal — mainly because the county’s rules were successfully challenged in court.

“We are the only county in which detached guest houses are illegal,” Miller said. “I do believe this diminishes opportunities for affordable housing.”

Marriner agreed. “It’s all about providing options and building affordable housing.”

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.