Everett, Wash.
Published: Wednesday, July 16, 2008

Warm Beach: Loophole clears way for 27 duplexes

Builders found a way to build at Warm Beach, but talks may change what's actually built in the area.

By Jeff Switzer
Herald Writer

 WARM BEACH -- A loophole found in Snohomish County's rules will allow 27 new duplexes to be built on a batch of tiny rural properties near Warm Beach, county officials said.

Planning officials and property owners both said they would rather see single- family houses built in the area, but strict regulations meant to limit development forced property owners to use the loophole and apply instead for duplexes.

No one had ever before applied for duplexes, Planning and Development Services Director Craig Ladiser said. After review by county prosecuting attorneys and planners, Ladiser decided to approve the applications pending health district review.

"These duplexes are allowed under the code," Ladiser said.

Both sides say there might yet be room for negotiation between the county and builders that would instead lead to building single-family houses.

The county's ruling matches the argument posed by attorneys representing four men who applied to build duplexes on 100 lots in the Warm Beach area.

Brock Baker, Dan Wickstrom, Ralph Johnson and William Stoops applied to build duplexes after some were denied permission to build single-family houses.

The group's proposal would build the equivalent of three to five duplexes per acre on 7 acres spread up and down 92nd Drive NW south of 196th Street NW.

When word got out last month that duplexes were proposed in Warm Beach and the county might have to allow them, the County Council held an emergency vote to change the wording in the county code to limit all residential development on the small properties.

"I don't think we'll see any more duplexes out there," Ladiser said.

Baker was glad to hear the county agreed with his attorneys.

"We really don't want to build duplexes," said Baker, who has proposed 19 of the duplexes. "We want to build single-family housing, and likely spread over a number of years."

The owners applied for 27 duplexes "to take advantage of the code the way it's written," Baker said.

"Unless the county wants to come back and work with us on building single-family homes, we have every intent of building these," he said. "We have no choice. We have to use our property for something."

Building permits have not been issued pending review by the Snohomish County Health District, Ladiser said. The district decides whether there is enough land for septic tanks systems.

So far, health district staff are reviewing two applications for duplexes, spokeswoman Suzanne Pate said.

Since 1990, county rules strictly limit housing developments on more than 2,500 tiny lots that were first mapped near Warm Beach in 1909. The lots each measure 3,000 square feet, or about 14 per acre.

County rules have allowed a person who owns only one of these small properties to build a house so long as the health district says there's room for a septic tank and drain field. Because the lots are so small, often four properties are needed to meet health district rules.

For people who own several connected properties, the county requires the lots to be combined to win permission to build any houses. To build any more than two houses requires an acre or more of land for each additional house, the county said.

There's still a chance to prevent the landowners from building duplexes, County Councilman Brian Sullivan said.

"Maybe we can negotiate lower densities with the developer," Sullivan said. The council plans to review the code to see if more changes are necessary.

"We really need to scrub our code," Sullivan said. "We should be able to catch stuff like this. If a builder can find it, why can't we?"

The county is about one-third of the way done with a comprehensive overhaul of development code, Ladiser said. The results of that work will update antiquated codes that were put in place before growth management laws steered growth to urban areas, he said.
© 2009The Daily Herald Co., Everett, WA