HomeMy WebLinkAboutres2011-037 WHATCOM COUNTY COUNCIL AGENDA BILL NO. - -As2011 - 317
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator 2 10/11 /2011 Planning & Council
Division Head: 10 / 25 / 2011 Council
Dept. Head:
Prosecutor:
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT: Resolution Clarifying Intent of Whatcom County Ordinance 2010-67
ATTACHMENTS:
SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( x ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This is a resolution to clarify the intent of expired ordinance 2010-67 , which was retroactively invalidated by the
Growth Management Hearings Board, in part, because the Board felt the ordinance "purports to allow permit
extension requests to be filed for up to two years," until March 1 , 2012, despite that the ordinance has lapsed.
Page 20, GMHB Final Decision and Order, August 2 , 2011 . The proposed resolution clarifies that, because the
ordinance lapsed on June 19, 2011 , no new requests will be accepted. See Exhibit A.
COMMITTEE ACTION: COUNCIL ACTION:
10 / 11 / 2011 : Discussed in Executive Session . 10 / 11 / 2011 : Moved to Introduction
Withdrawn from discussion and added to 10 / 25 / 2011 : Council Approved 6 - 1 , Weimer
Introduction tonight opposed Res . 2011 - 037
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Res . 2011 -037
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County 's website at: wwn. co. whatcom. wa. us/council.
PROPOSED BY: PA's Office
SPONSORED BY: Consent
INTRODUCED : October 11, 2011
RESOLUTION NO . 2011 -037
CLARIFYING THE MEANING OF EXPIRED
ORDINANCE 2010- 067
WHEREAS, Ordinance # 2010 - 067 , an ordinance allowing one-time extensions
for land use regulations due to financial hardship, was intended to be temporary ; and
WHEREAS, the County Council allowed the ordinance to expire on June 19 ,
2011 , without any plans for renewal ; and
WHEREAS, clauses in the expired ordinance indicate that an applicant had to
file an extension request " no later than March 1 , 2012 " ; and
WHEREAS, the Western Washington Region of the Growth Management
Hearings Board has invalidated the expired ordinance , in part, because it interpreted
the above statement to allow extension requests until March 1 , 2012 , despite the
expiration of the ordinance ; and
WHEREAS, additional requests cannot legally be allowed under the authority
of expired Ordinance # 2010- 067 , both because it has expired , and because extension
applications were not intended by the legislature to be accepted beyond the date of
the ordinance 's expiration of June 19 , 2011 .
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
hereby clarifies the meaning of expired Ordinance # 2010 - 067 as follows :
Ordinance # 2010- 067 was not intended to, and does not, allow the
acceptance of extension requests beyond its expiration of June 19,
2011 . Mmnson requests have not been, and shall not be, accepted
of�t\i per; ;129,21. 1 . .
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