[WSBARP] Set Back Issue

[Rob Wilson-Hoss]

Question seems to be whether construction was consistent with approval. If approval was for siting that did not encroach on the setback, and structure was built encroaching, that is a different problem, is it not? 

 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
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rob at hctc.com

 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Wednesday, April 01, 2015 1:20 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Set Back Issue

 

Probably.  LUPA should bar subsequent enforcement (retraction) of a validly issued permit.  See Chelan County v. Nykreim, 146 Wn.2d 904, 52 P.3d 1,  (2002).  One question to resolve is whether LUPA, enacted in 1995, would apply to a previously-issued permit.

 

On April 1, 2015 at 12:41 PM Ron Housh <ron at housh.org> wrote: 

Land use related question:

 

Waterfront home.  Plat designates setback requirement off of high tide line.  House was built in 1993 and a portion of the house encroaches a few feet into the setback area.

 

I assume if the setback was ever to have been enforced it would have been by the City/County.  Does the passage of over 20 years in any way bar enforcement?  In other words is there a statute of limitations that would bar a governmental agency from enforcing set back requirements?

 

Thanks,

 

Ron

 

 

 

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