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Commission tables after-the-fact clearing case after owner says he was told no permit was needed; staff warns of enforcement gaps
Summary
The commission tabled EBY23-042 — an after-the-fact review for a cleared parcel with an unpermitted greenhouse and proposed garage, chicken coop and fence — to Oct. 23 after the owner said county staff told him no permit was required for parcels under five acres; reserve staff urged stronger enforcement and a restoration plan for replanting trees.
Island County planners brought EBY23-042 to the commission as an after-the-fact review for a rural parcel that was cleared without prior review, contains an unpermitted greenhouse, and includes proposed work for a metal garage, a chicken coop, and a gate. Planner Yumi reported an open code-enforcement case and said the parcel is in a rural zone; staff recommended restoration and a landscaping plan to replant roughly 60% of cleared trees to restore the scenic corridor and screen a chain-link fence backing that was previously approved with required vine screening.
Reserve staff strongly criticized the existing condition and the sequence of approvals, calling the visible cleared parcel and fence a “blight on the landscape” and urging the county to take stronger enforcement action in similar cases. Property owner Benjie Manuel testified he purchased the land at auction, said he spoke with county staff and was told no permit was needed because the parcel is under five acres, described clearing work by a hired contractor, and said he is willing to work with staff and install the proposed landscaping. Manuel said he intends to retire on the property and cares for the site.
Commissioners pressed staff and the owner on missing elements: the presence and location of the well and well protection area, adherence to previous COA landscaping commitments, and what follow-up enforcement or mitigation is feasible. Given the outstanding questions and the applicant’s willingness to work with staff, the commission voted unanimously to table EBY23-042 until the Oct. 23 meeting to allow staff and the owner to provide additional documentation and a binding mitigation/enforcement plan.
