I am thinking of buying a condo that is built out over the lake in
Kirkland Washington. I have heard that the shoreline management act
prevents condo's like this from being built any more (building was
built in 1969). The condo is insured for replacement value, however,
that assumes that the building would allowed to be rebuilt on the same
spot over the lake. I believe the act would prevent that.

A real estate agent has told me that when this act was passed condo
owners on the water front in Kirkland were given a letter which
includes some kind of grandfather clause which means that if the
building did get burned down / destroyed they would in fact be allowed
to rebuilt - thus allowing the apartments to maintain their current
value. Could you please tell me if this is true and provide a link to
something that describes this.

The apartment in question is: 733 Lake St, Kirkland, WA 98033

Note to researchers:

I previously posted the following answer to this question.  It was
removed because the customer did not feel that it answered his
question.

Googlenut



Hello jasonseattle-ga,

The Kirkland Municipal Code states the following regarding the
requirement to obtain a development permit as required by the Kirkland
Shoreline Master Program in accordance with the state Shoreline
Management Act:

?All development, except as specified in RCW 98.58.030(3)(e), must
obtain a permit prior to commencement.?


Reference:

City of Kirkland Washington
Kirkland Municipal Code
Title 24
ENVIRONMENTAL PROCEDURES
Chapter 24.06 Shoreline Administration and Procedures
Section 24.06.015 Exemption from permit requirements.
http://www.mrsc.org/mc/kirkland/Kirk24.html#24.06.015


============================================================


I believe that the situation that you are describing is exempt from
requiring a development permit based on the Revised Code of Washington
(RCW) Chapter 90.58, ?Shoreline Management Act Of 1971?


RCW 98.58.030(3)(e) states:

 (e) "Substantial development" shall mean any development of which the
total cost or fair market value exceeds five thousand dollars, or any
development which materially interferes with the normal public use of
the water or shorelines of the state. The dollar threshold established
in this subsection (3)(e) must be adjusted for inflation by the office
of financial management every five years, beginning July 1, 2007,
based upon changes in the consumer price index during that time
period. "Consumer price index" means, for any calendar year, that
year's annual average consumer price index, Seattle, Washington area,
for urban wage earners and clerical workers, all items, compiled by
the bureau of labor and statistics, United States department of labor.
The office of financial management must calculate the new dollar
threshold and transmit it to the office of the code reviser for
publication in the Washington State Register at least one month before
the new dollar threshold is to take effect. The following shall not be
considered substantial developments for the purpose of this chapter:

     (i) Normal maintenance or repair of existing structures or
developments, including damage by accident, fire, or elements;?


Reference:

Revised Code of Washington 
RCW 90.58.030
Definitions and concepts.
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section&section=90.58.030


============================================================


Other References:


Washington State Department of Ecology
Focus Sheet: Shoreline Management - Exemptions from the Substantive
Development Permit Process
http://www.ecy.wa.gov/pubs/0106012.pdf
?All developments and uses occurring within ?shorelines? and
?shorelines of state-wide significance,? as defined in RCW 90.58.030,
must be consistent with the SMA and with all applicable policies and
regulations of the local shoreline master program (SMP). Certain
developments and uses are exempt from the SDP process. A complete list
of exempt developments is set out in and limited to those found in RCW
90.58.030(3)(e), 90.58.147, 90.58.515 and WAC 173-27-040. Some of the
more common shoreline exemptions are:

? Normal maintenance or repair of an existing structure that was
lawful when constructed;
? Constructing a normal protective bulkhead common to a single-family residence;
? Emergency construction needed to protect property from damage by the elements;
? Certain normal and necessary farming and ranching practices; and
? Constructing a single-family residence for one?s own use.?



Washington Administrative Code (WAC)
WAC 173-27-040   Developments exempt from substantial development
permit requirement.
http://www.leg.wa.gov/WAC/index.cfm?section=173-27-040&fuseaction=section
?(2) The following developments shall not require substantial development permits:

     (a) Any development of which the total cost or fair market value,
whichever is higher, does not exceed two thousand five hundred
dollars, if such development does not materially interfere with the
normal public use of the water or shorelines of the state. For
purposes of determining whether or not a permit is required, the total
cost or fair market value shall be based on the value of development
that is occurring on shorelines of the state as defined in RCW
90.58.030 (2)(c). The total cost or fair market value of the
development shall include the fair market value of any donated,
contributed or found labor, equipment or materials;

     (b) Normal maintenance or repair of existing structures or
developments, including damage by accident, fire or elements. "Normal
maintenance" includes those usual acts to prevent a decline, lapse, or
cessation from a lawfully established condition. "Normal repair" means
to restore a development to a state comparable to its original
condition, including but not limited to its size, shape,
configuration, location and external appearance, within a reasonable
period after decay or partial destruction, except where repair causes
substantial adverse effects to shoreline resource or environment.
Replacement of a structure or development may be authorized as repair
where such replacement is the common method of repair for the type of
structure or development and the replacement structure or development
is comparable to the original structure or development including but
not limited to its size, shape, configuration, location and external
appearance and the replacement does not cause substantial adverse
effects to shoreline resources or environment;?


============================================================


For more information on the Shoreline Management Act, see:

Revised Code of Washington (RCW)
Chapter 90.58 RCW
SHORELINE MANAGEMENT ACT OF 1971
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=90.58


Washington State Department of Ecology
Shoreline management home
http://www.ecy.wa.gov/programs/sea/SMA/index.html


============================================================


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?Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice.?


I hope you have found this information helpful.  If you have any
questions, please request clarification prior to rating the answer:

Googlenut



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