X-Default-Received-SPF: pass (skip=loggedin (res=PASS)); Received: from zalman (unverified [66.113.111.215]) by skynetbb.com (SurgeMail 4.3f) with ESMTP id 41845725-1839687 for ; Tue, 04 May 2010 13:17:54 -0700 Return-Path: Message-ID: From: "John \(Jack\) R. Venrick" To: "AJack R. Venrick" Subject: 5-4-2010 Jefferson County Washington Fort Discovery - New Videos Uploaded! Date: Tue, 4 May 2010 13:17:51 -0700 MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----=_NextPart_000_003C_01CAEB8C.329FC240" X-Priority: 1 X-MSMail-Priority: High X-Mailer: Microsoft Outlook Express 6.00.2900.5843 X-MIMEOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 X-Authenticated-User: jacksranch@skynetbb.com X-Rcpt-To: X-Avast: Message is clean Status: U X-UIDL: 26042 X-Antivirus: AVG for E-mail 9.0.814 [271.1.1/2853] This is a multi-part message in MIME format. ------=_NextPart_000_003C_01CAEB8C.329FC240 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable ----- Original Message -----=20 From: =20 To: =20 Cc: Sent: Tuesday, May 04, 2010 12:54 PM Subject: Fort Discovery - New Videos Uploaded! Dear family, friends, citizens and business associates: =20 Hagen Sets the Record Straight on Shoreline Master Program =20 =B7 May 2, 2010 - Jim Hagen - Jefferson County Shoreline = Master Program - Part I=20 =B7 May 2, 2010 - Jim Hagen - Jefferson County Shoreline = Master Program - Part II =20 =20 Non-Conforming Uses are Disfavored in Washington State=20 =20 In Washington, nonconforming uses are disfavored. Rhod-A-Zalea v. = Snohomish County, 136 Wn.2d 1, 959 P.2d 1024 (1998). Therefore, it is = the landowner's burden when confronted with an enforcement action to = prove a lawful nonconforming use which existed prior to the adoption of = the land use regulation. State v.County of Pierce, 65 Wn. App. 614, = 623-24, 829 P.2d 217 (1992). =20 Jefferson County Attorney Uses Nonconforming Status Against Local Small = Disadvantaged Business=20 The following was taken from briefs filed against SSNW regarding its = legal nonconforming use (for the exception of the red text inserted) Is = Jefferson County talking out of both sides of their mouths when it come = to nonconforming? You decide. =20 JCC 18.20.260(1) provides clear restrictions on any alteration or = replacement of a non-conforming use in a Rural Residential zone: The = following standards apply to all legal nonconforming structures and = uses: (1) Alteration or replacement of a nonresidential nonconforming = use in Rural Residential districts is allowed subject to a conditional = use permit. provided: (a) The use is compatible with surrounding rural = uses; (b) The activity does not require additional urban levels of = government service; (c) The proposal shall comply with the standards of = this code to the maximum extent feasible; and (d) The proposal shall not = have an adverse impact on an environmentally sensitive area or the = immediate neighborhood. (Emphasis added). =20 Moreover, the 1992 Code included Administrative Rules which mandated = that changes and expansions in nonconforming uses be processed through = County agencies, including the Hearing Examiner. (The Counties fails to = tell anyone that the 1992 admin. rules were never adopted by the County = Commissioners EVER!) Also, watch the end of The History of Ft. = Discovery were the Port Hadlock Chamber scolds Jefferson County for NO = notice to the public regarding the 1992 CODE.)=20 =20 Similar regulations were applicable as far back as 1992. As the Examiner = noted, after enactment of the Zoning Code in 1992, a property owner or = tenant wishing to expand or alter a nonconforming use was required to = submit an application for review by the Hearing Examiner. 1992 = Administrative Rule IX, Ordinance 2-0127-92. (CP 36, CP 333- 337). (Opposing counsel (Jefferson County) use ordinance # 2-0127-92 as a head = fake to the Court of Appeal. This was an Ordinance all right, but no = for the Administrative Rules...the house of cards is starting to come = down...now that you've read this Mr. Alvarez/Ms. Dalzell don't you have = a duty to report this error to the Court of Appeals? If I remember = correctly you did take an oath.) =20 As noted above, the law strongly disfavors nonconforming uses. = Therefore, when considering a claim by a landowner of prior lawful use, = the court or agency may properly require that allegations of prior use = be supported by objective, credible evidence. Thus, it is frequently = stated that the denial of nonconforming use rights will be sustained = when the evidence of the prior use is "insufficient" or "contradictory. = " Anderson, American Law of Zoning, Vol. 1, 5 6.09. The evidence = supporting nonconforming use should be "objective evidence. " Overstreet = v . Zoning Hearings Board, 412 A.2d 169 (Pa. 1980) =20 Insurance Fees Could Rise for Shoreline (creeks, streams & rivers) = Property Owners In general terms coverage is on a "Replacement Cost Basis" new for old = at the current site or another location.=20 If the insured cannot rebuild at their current site the carriers = obligation is replacement cost as if rebuilt on the original site. The = additional costs to rebuild at a conforming property could be = substantial with architectural & engineering fees. underground = utilities, foundation, landscaping, etc which are not covered unless = damaged.=20 The permitting process to rebuild, replace or remodel in a = non-conforming location usually increases the time and cost over a = conforming location and there are several coverage options one should = considered. Coverage considerations: Increased Cost of Construction also known as Ordinance and Law pays for = the additional costs to meet current building codes. Loss of Use - The time to rebuild or repair. Some companies have = limitations of 12 months and or a maximum coverage amount. Chubb = Companies have no time or dollar limitation other than a "reasonable = time period to rebuild". Other companies have 24 months of coverage. = Since the permitting process alone can take a year or more, this should = be an important consideration. Reconstruction costs are normally greater in nonconforming areas as = contractors are seeking approvals from multiply governmental agencies = before during and after construction. Building material requirements in = shoreline locations may be more stringent and construction fees greater. Fort Discovery 218 Years Old...This Week! =20 =B7 The History of Fort Discovery (watch the end you will = be shocked) =20 =20 =20 =20 =20 =20 Other News: = =20 =B7 PTTV drops out of videotaping Monday morning BOCC = meeting...Jeffco101 approaching two year anniversary=20 =B7 Commissioner Sullivan stuck on Whidbey Island...twice in six = months...will Sullivan take vacation days or stick it to the employee = and citizens of Jefferson County? =B7 Jeffco Home show bombs...attendance worst than expected. = Sequim Home Show thrives...Only twenty miles difference...? =B7 May 11, 2010, DOE Shoreline Master Program written comment = deadline...send your comments to Mr. Jeffree Stewart, Regional Planner = for DOE Email: jeff.stewart@ecy.wa.gov =B7 Need ammunition? SSNW is an approved Winchester dealer = info@ssnwhq.com "SSNW helping citizens shoot more for less"=20 =B7 Interested in learning how to do Public Records Request? = Contact Jeffco101 at Jeffco101@yahoo.com =20 What's going on in Jefferson County? Watch Jeffco101 and find out.=20 =20 New Videos Uploaded: May 3, 2010, Jefferson County Board of County Commissioners - = Public Comment (click on link below) =D8 Joe D'Amico - Nonconforming Insurance - Fort Discovery History =D8 Bill Miller - Nonconforming Insurance =D8 Jim Fritz - Real Estate Sales/150 Buffers =D8 Jim Boyer - Nonconforming - Video of the Week! May 3, 2010 - Jefferson County Commissioners Briefing - = Regarding Shoreline Master Program & Misinformation =20 Jefferson County admits current website on SMP has = misinformation posted. Would this be some of the information that = Michelle McConnell mention in last week's email regarding = a "mix of facts" (see below). Does the right hand know what the left = hand is doing? GET THE FACTS As the Locally Approved SMP (LA-SMP) continues through the = State review process, many Jefferson County residents and land owners = have been tuning in for the first time in this nearly 5-year process. = There seems to be a mix of facts and rumors circulating through our = community. We want citizens to be well informed as they form opinions = and potentially provide comments on the proposed update to the = existing Shoreline Master Program (SMP). =20 Other related SMP Videos: =D8 April 26, 2010 - Commissioners Briefing - Shoreline Master Program = Part - 1 "WOW" - Commissioners now would like to consider changing the = word non-conforming... Watch Commission Sullivan explain. Will that be = for SSNW too or will that be only for those wealthy shoreline owners? =20 =D8 April 26, 2010 - Commissioners Briefing - Shoreline Master Program = Part - 2 "That's a good comment" Al Scalf=20 Upcoming Meetings/Events: May 10, 2010, 0900 hrs, Jefferson County Board of County = Commissioners (BOCC) Meeting;=20 =20 =FC 0901 - Public Comment (up to 30 minutes); =FC - Commissioners Briefing (time and duration = indeterminate); =FC - Regular Agenda (time and duration = indeterminate); =FC - Recess to lunch; =FC 1330 - County Administrator Briefing (duration indeterminate). =20 May 28, 2010, Juan de Fuca Festival of the Arts, Port Angeles; August 14, 2010, Fort Discovery Picnic, 1200 hrs, USN SAR = Helicopter, 56th US Army Band, Airlift NW, USN EOD Bangor, US Border = Patrol, SSNW ATFP Boat, Jefferson County Fire District #5, = Clallam County Fire Dist #3, Jefferson County Sheriff's Department and = Costco.=20 =20 Over 13,879 Jeffco101 channel views from concerned citizens! =20 =20 Listen to citizens speak about the real issues in Jefferson County. = Watch for yourself and see what actually happens with your own eyes and = ears. Forward this email to your family and friends. =20 Click on Jeffco links below: =20 Jeffco101 YouTube =20 Jeffco101 face Book =20 jeffco101.blogspot.com=20 =20 Jeffco101 on Twitter =20 =20 Respectfully, =20 =20 Joe D'Amico, Editor Jeffco101 =20 =20 =20 =20 ------=_NextPart_000_003C_01CAEB8C.329FC240 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
 
----- Original Message -----=20
From:  =
To: 
Cc:
Sent: Tuesday, May 04, 2010 12:54 PM
Subject: Fort Discovery - New Videos Uploaded!

Dear = family, friends,=20 citizens and business associates:

 

Hagen Sets = the Record=20 Straight on Shoreline Master Program

      =20

=B7      =20       =20 May 2, 2010 - Jim Hagen - Jefferson County = Shoreline=20 Master Program - Part I

=B7      =20       =20 May 2, 2010 - Jim Hagen - Jefferson County = Shoreline=20 Master Program - Part II =  

 

Non-Conforming Uses=20 are Disfavored in Washington State=20

 

In = Washington,=20 nonconforming uses are disfavored. Rhod-A-Zalea=20 v. Snohomish County, 136 Wn.2d 1, 959 P.2d 1024 (1998). Therefore, = it is the=20 landowner's burden when confronted with an enforcement action to prove a = lawful=20 nonconforming use which existed prior to the adoption of the land use=20 regulation. State v.County of Pierce, 65 Wn. App. 614, 623-24, 829 P.2d = 217=20 (1992).

 

Jefferson = County=20 Attorney Uses Nonconforming Status Against Local Small Disadvantaged = Business=20

The = following was=20 taken from briefs filed against SSNW regarding its legal nonconforming = use (for=20 the exception of the red text inserted) Is Jefferson County talking out = of both=20 sides of their mouths when it come to nonconforming?  You=20 decide.

 

JCC = 18.20.260(1)=20 provides clear restrictions on any alteration or replacement of a = non-conforming=20 use in a Rural Residential zone: The following standards apply to all = legal=20 nonconforming structures and uses: (1) Alteration or replacement of a=20 nonresidential nonconforming use in Rural Residential districts is = allowed=20 subject to a conditional use permit. provided: (a) The use is compatible = with=20 surrounding rural uses; (b) The activity does not require additional = urban=20 levels of government service; (c) The proposal shall comply with the = standards=20 of this code to the maximum extent feasible; and (d) The proposal shall = not have=20 an adverse impact on an environmentally sensitive area or the immediate=20 neighborhood. (Emphasis added).

 

Moreover, = the 1992=20 Code included Administrative Rules which mandated that changes and = expansions in=20 nonconforming uses be processed through County agencies, including the = Hearing=20 Examiner.  (The Counties fails to = tell anyone=20 that the 1992 admin. rules were never adopted by the County = Commissioners=20 EVER!)  Also, watch the end of The History of Ft. Discovery = were the=20 Port Hadlock Chamber scolds Jefferson County for NO notice to the public = regarding the 1992 CODE.)

 

Similar = regulations=20 were applicable as far back as 1992. As the Examiner noted, after = enactment of=20 the Zoning Code in 1992, a property owner or tenant wishing to expand or = alter a=20 nonconforming use was required to submit an application for review by = the=20 Hearing Examiner. 1992 Administrative Rule IX, Ordinance 2-0127-92. (CP = 36, CP=20 333- 337).

(Opposing=20 counsel (Jefferson County) use ordinance # 2-0127-92 as a head fake to = the Court=20 of Appeal.  This was an Ordinance all right, but no for the = Administrative=20 Rules...the house of cards is starting to come down...now that you've = read this=20 Mr. Alvarez/Ms. Dalzell don't you have a duty to report this error to = the Court=20 of Appeals?  If I remember correctly you did take an=20 oath.)

 

As noted = above, the=20 law strongly disfavors nonconforming uses. Therefore, when considering a = claim=20 by a landowner of prior lawful use, the court or agency may properly = require=20 that allegations of prior use be supported by objective, credible = evidence.=20 Thus, it is frequently stated that the denial of nonconforming use = rights will=20 be sustained when the evidence of the prior use is "insufficient" or=20 "contradictory. " Anderson, American Law of Zoning, Vol. 1, 5 = 6.09. The=20 evidence supporting nonconforming use should be "objective evidence. "=20 Overstreet v . Zoning Hearings Board, 412 A.2d 169 (Pa.=20 1980)

 

Insurance = Fees Could=20 Rise for Shoreline (creeks, streams & rivers) Property=20 Owners

In general terms coverage is on a =93Replacement Cost Basis=94 = new for old=20 at the current site or another location.

If the insured cannot rebuild at their current site the = carriers=20 obligation is replacement cost as if rebuilt on the original site. The=20 additional costs to rebuild at a conforming property could be = substantial with=20 architectural & engineering fees. underground utilities, foundation, = landscaping, etc which are not covered unless damaged. =

The permitting process to rebuild, replace or remodel in a=20 non-conforming location usually increases the time and cost over a = conforming=20 location and there are several coverage options one should considered. = Coverage=20 considerations:

Increased Cost of Construction = also known=20 as Ordinance and=20 Law pays for the additional costs to meet current = building=20 codes.

Loss of=20 Use = =97 The time=20 to rebuild or repair. Some companies have limitations of 12 months and = or a=20 maximum coverage amount. Chubb Companies have no time or dollar = limitation other=20 than a =93reasonable time period to rebuild=94. Other companies have 24 = months of=20 coverage. Since the permitting process alone can take a year or more, = this=20 should be an important consideration.

Reconstruction costs = are normally=20 greater in nonconforming areas as contractors are seeking=20 approvals from multiply governmental agencies before during and after=20 construction. Building material requirements in shoreline locations may = be more=20 stringent and construction fees greater.

 Fort = Discovery 218=20 Years Old...This Week!

 

=B7      =20       =20 The History of = Fort=20 Discovery  (watch the end you will be=20 shocked)

   

 

Other=20 News:

           &= nbsp;           &n= bsp;           &nb= sp;           &nbs= p;            = ;            =             &= nbsp;           &n= bsp;           &nb= sp;           =20

=B7       =20 PTTV drops = out of=20 videotaping Monday morning BOCC meeting...Jeffco101 approaching = two year=20 anniversary

=B7       =20 Commissioner Sullivan=20 stuck on Whidbey Island...twice in six months...will Sullivan take = vacation days=20 or stick it to the employee and citizens of Jefferson=20 County?

=B7       =20 Jeffco Home = show=20 bombs...attendance worst than expected.  Sequim Home Show = thrives...Only=20 twenty miles difference...?

=B7       =20 May 11, = 2010, DOE=20 Shoreline Master Program written comment deadline...send your comments = to Mr. Jeffree Stewart, Regional Planner for=20 DOE=20 Email: = jeff.stewart@ecy.wa.gov

=B7       =20 Need=20 ammunition?  SSNW is an approved Winchester dealer info@ssnwhq.com  "SSNW = helping citizens=20 shoot more for less"

=B7       =20 Interested = in=20 learning how to do Public Records Request?  Contact Jeffco101 at = Jeffco101@yahoo.com

           &= nbsp; =20

What=92s = going on in=20 Jefferson County?  Watch Jeffco101= = and find=20 out. 

 

New=20 Videos Uploaded:

         =20 May 3, 2010,=20 Jefferson County Board of County Commissioners - Public Comment (click = on link=20 below)

=D8=20 Joe D'Amico -=20 Nonconforming Insurance - Fort Discovery History

=D8=20 Bill Miller -=20 Nonconforming Insurance

=D8=20 Jim Fritz - = Real Estate=20 Sales/150 Buffers

=D8=20 Jim Boyer - = Nonconforming -=20 Video of the Week!

         =20 May 3,=20 2010 - Jefferson County Commissioners Briefing - Regarding = Shoreline Master=20 Program & Misinformation  

       =20         Jefferson=20 County admits current website on SMP has misinformation = posted.  Would=20 this be some of the information that Michelle McConnell mention in last=20             &= nbsp;=20 week's email regarding a "mix of facts" (see below).  Does = the right=20 hand know what the left hand is doing?

       =20 GET THE=20 FACTS

            = As the Locally=20 Approved SMP (LA-SMP) continues through the State review = process, many=20 Jefferson County residents and land owners have been tuning in for the = first=20 time in this nearly 5-year   process.  There seems to be a mix = of=20 facts and rumors circulating through our community.  We want = citizens to be=20 well informed as they form opinions and potentially provide comments on = the=20           proposed update = to the=20 existing Shoreline Master Program (SMP). 

       =20 Other related SMP Videos:

=D8=20 April=20 26, 2010 - Commissioners=20 Briefing - Shoreline Master Program Part - 1 "WOW" - = Commissioners now=20 would like to consider changing the word non-conforming... Watch=20 Commission Sullivan explain.  Will that be for SSNW too or will = that be=20 only for those wealthy shoreline owners? =  

=D8=20 April=20 26, 2010 - Commissioners=20 Briefing - Shoreline Master Program Part - 2  "That's a good = comment"=20 Al Scalf

Upcoming=20 Meetings/Events:

           =20 May 10, 2010, = 0900 hrs,=20 Jefferson County Board of County Commissioners (BOCC) Meeting;=20

   

=FC = 0901   -=20 Public Comment=20             &= nbsp;     =20 (up to 30 minutes);

=FC =             = - Commissioners Briefing       (time and = duration=20 indeterminate);

=FC =             = - Regular=20 Agenda           &= nbsp;       =20 (time and duration indeterminate);

=FC =             = - Recess to lunch;

=FC = 1330   -=20 County Administrator Briefing (duration = indeterminate).

 

       =20   May 28, 2010, Juan de Fuca = Festival of the=20 Arts, Port=20 Angeles;

         =20 August 14, 2010, Fort Discovery Picnic, 1200 hrs, USN SAR=20 Helicopter, 56th US Army Band, Airlift NW, USN EOD Bangor, US Border = Patrol,=20 SSNW ATFP Boat, Jefferson County =         Fire=20 District #5, Clallam County Fire Dist #3, Jefferson County Sheriff's = Department=20 and Costco. 

 

Over=20 13,879 Jeffco101=20 channel views from concerned citizens! =20

 

Listen=20 to citizens speak about the real issues in Jefferson County.  Watch = for=20 yourself and see what actually happens with your own eyes and=20 ears. Forward this email to your family and=20 friends.

 

Click=20 on Jeffco links below:

 

Jeffco101 = YouTube

 

Jeffco101=20 face Book

 

jeffco101.blogspot.com=20

 

Jeffco101 on=20 Twitter

 

 

Respectfully,

 

 

Joe = D'Amico,=20 Editor

Jeffco101

 

 

 

 

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