Lake Burien group’s case against city’s Shoreline Master Program dismissed


Print This Post  Email This Post

This week, the Growth Management Hearing Board dismissed an appeal to the City of Burien’s Shoreline Master Program, filed by a neighborhood group in Lake Burien.

“The Board dismissed the appeal in its entirety and upheld the Shoreline Master Program as adopted by the City and the Dept. of Ecology,” the city said in a statement.

This means that the SMP that was approved by the state Department of Ecology last October will stand.

The claim was filed by the Lake Burien Neighborhood group, and Robert Howell, Robbie Howell, Chestine Edgar, Len Boscarine and Linda Plein.

According to documents:

“Petitioners challenged provisions of the City’s public participation process leading up to adoption of the Ordinance, and provisions of the Ordinance relating to, inter alia, zoning density and buffers on the shoreline of Lake Burien for inconsistency with GMA, failure to use best available science, and failure to insure ‘no net loss’ of ecological functions.

“The Board determined that Petitioners’ issues were in part a collateral attack on the City’s previously adopted zoning and critical areas ordinance; issues which were dismissed as untimely. The petitioners failed to meet their burden of proof on the remaining issues, and the case was dismissed.”

To read the full decision, click here (PDF file).

To read our previous coverage of this issue, click here.

Print This Post  Email This Post

Comments

21 Responses to “Lake Burien group’s case against city’s Shoreline Master Program dismissed”
  1. JJ Greive says:

    We want public access to our lake! The property owners DO NOT own the lake, it is state property and I for one would like to have access to a lake we all own. Burien is wasting one of our best assets by allowing a very small group of property owners dictate how the public enjoys a public lake.

    Well-liked. Like or Dislike: Thumb up 48 Thumb down 19

    • John says:

      Hidden due to low comment rating. Click here to see.

      Poorly-rated. Like or Dislike: Thumb up 15 Thumb down 25

      • Lee Moyer says:

        John.
        The city couldn’t add bulkheads, introduce non native species, remove native vegetation, remove shade trees, etc. How is that a burden on the backs of the taxpayers? It is a contrast to the action of the typical provate shoreline owner.

        Purchasing (most of the cost would be from county and state matching funds) and maintaining would be about the same as other parks. If that is an unreasonable burden on the taxpayer do you also favor selling existing parks to reaise money to fix potholes.

        How is a public park for public use on a public lake supporting special interests?

        Well-liked. Like or Dislike: Thumb up 23 Thumb down 7

        • Linda says:

          Hidden due to low comment rating. Click here to see.

          Poorly-rated. Like or Dislike: Thumb up 9 Thumb down 21

          • Lee Moyer says:

            Linda,

            I am not responsible for what you hear from irresponsible bloggers. I have never had any interest in a business on the lake, renting boats or whatever.

            If you are interested in actual facts, the fact is that I have worked on water quality and public access issues for decades. My “special Interest” is that the public is entitled to access to clean water.

            Well-liked. Like or Dislike: Thumb up 20 Thumb down 11

            • John says:

              Hidden due to low comment rating. Click here to see.

              Poorly-rated. Like or Dislike: Thumb up 6 Thumb down 18

              • Lee Moyer says:

                To answer your question (although you don’t answer mine) I think public access would improve water quality by helping educate the public on the importance of water shed protection, invasive species problems, etc..
                You say I am ignoring all the environmental concerns but don’t actually list any. Methinks thou dost manufacture too many facts.

                Well-liked. Like or Dislike: Thumb up 16 Thumb down 8

                • John says:

                  Hidden due to low comment rating. Click here to see.

                  Poorly-rated. Like or Dislike: Thumb up 8 Thumb down 16

                  • Lee Moyer says:

                    Seahurst Park is public access with interpretive signage and is used by many local schools. The same with The Cove, which is private property, in Normandy Park. Burien even has a nice stormwater/park facility on about SW 136 with signage. The lower Duwamish has increasing public access with interpretive signage, a growing appreciation for the river by the public and a strengthening effort to clean it up.
                    However, John, I believe you when you say you don’t see the connection between public access and public appreciation.

                    Well-liked. Like or Dislike: Thumb up 14 Thumb down 5

        • John says:

          Hidden due to low comment rating. Click here to see.

          Poorly-rated. Like or Dislike: Thumb up 10 Thumb down 21

          • Lee Moyer says:

            John,

            I guess you are the source of the false statements that Linda refers to. Are you the former John Poitras? He liked to make up his own facts too.

            Well-liked. Like or Dislike: Thumb up 19 Thumb down 6

  2. Chris says:

    Yes, the lake is indeed state land, however the land around it is owned by private individuals. The only way you could ever create an access point for the public, is if a private land owner decided to sell of gift their land to the city. The Branson family did exactly that and now we have Eagle Landing Park.

    If that ever happened, there was still be limitations on what that park would be. Likely just a pocket park, with no swimming, boating or picnic areas. Simply a view point with perhaps a place to sit and enjoy the lake.

    Well-liked. Like or Dislike: Thumb up 25 Thumb down 9

    • Lee Moyer says:

      There is no reason there could not be picnicing, swimming and hand launch boating. However, if the acquired property did not have a beach the swimming and boating would have to be from a pier.
      Unfortunately, it is unlikely that property will become available and even less likely that we sill have a city council with the backbone to do what is best for the city.

      Well-liked. Like or Dislike: Thumb up 29 Thumb down 18

      • citizen says:

        Just think back….Build a Meal Makers on the Lake. City Hall and the Library could be there in no time. FISH-ON

        Hot debate. What do you think? Thumb up 9 Thumb down 8

        • devilsadvocate says:

          Heh-heh, better like yellow bellied bullhead,
          They call them catfish here but folks from the midwest
          know better,
          ” thems aint cats, thems bullheads..*lol*”

          Hot debate. What do you think? Thumb up 6 Thumb down 2

  3. G-Money says:

    Otherwise entitled: “Crazy Person Meets the Law, and Hilarity Ensues (all at Taxpayer Expense)”

    Well-liked. Like or Dislike: Thumb up 25 Thumb down 3

  4. devilsadvocate says:

    okay, so in a nutshell, what does all of this mean?
    Like Chris says, regardless of everything else,
    the bottom line is,’all’ of the land ‘around’ the lake is privately owned.

    Hot debate. What do you think? Thumb up 8 Thumb down 6

  5. jimmy says:

    Flash mob swim at lake burien ? If we get a week with the weather in the 90’s and the water is not a green slime pit from all the rich snobs dumping tons chemicals on there precious lawns

    Well-liked. Like or Dislike: Thumb up 21 Thumb down 15

  6. WJ says:

    Hidden due to low comment rating. Click here to see.

    Poorly-rated. Like or Dislike: Thumb up 11 Thumb down 17