| DOE says resort developer can't build over Ludlow lagoon By
Barney Burke 10/29/04
"The Department of Ecology does not believe that over-water, residential construction is an allowed use under the Jefferson County SMP [Shoreline Management Program]," wrote Paula Ehlers, section manager of DOE's shorelines and environmental assistance program. "We do believe, however, that there are solutions to this situation," Ehlers added. "We would be very willing to evaluate any project alternatives that may be proposed [by PLA]." "The letter is what we expected," PLA President and CEO Greg McCarry said Thursday. PLA representatives, county officials, and opponents of development over the lagoon have all met separately with DOE in recent weeks to share their views on whether state and county shoreline regulations apply. McCarry notes that the platted lots upon which PLA is trying to build were approved by the county in 1994, and the county had shoreline regulations in place at that time. Now that DOE has officially stated a position on the issue, McCarry said PLA will review the options it has previously discussed with DOE and decide on a next step. One option is for PLA to submit a building permit applications for "Building 600," which comprises six condominiums that would extend partially over the lagoon. McCarry surmised that if the county issues permits, opponents will sue to halt the project. If the county denies the permit applications, PLA might seek court action to overturn that decision. Other options include seeking a court judgment on the validity of the plats, filling the portion of the plats that are currently over water, redesigning the condominiums so they do not extend over the water, or building single family homes instead of condominiums. McCarry said that PLA's approved plats provided for four buildings with a total of 20 condominium units. County Commissioner Glen Huntingford said Oct. 28 he wasn't going to comment on the letter until county staff has had the opportunity to review it in more detail. County Administrator John Fischbach and DOE officials have previously said that the DOE interpretation is simply advisory and that it's the county that ultimately determines whether to issue building permits. Opponents of the development have been researching the law and county records to build their case. No opponents could be reached for a comment as of Oct. 28. At 9 a.m. Friday Oct. 29, the Port Ludlow Village Council is scheduled to have a workshop meeting at the Bay Club. (Contact Barney Burke at bburke@ptleader.com.)
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