Residents along Burien's shoreline have shown up in force to the last couple of Planning Commission meetings, discussing issues with the proposed Shoreline Master Program update (SMP), including public access and how proposed regulations could affect the ability to rebuild homes along the shore and impacts to property values.

Burien is currently using King County's Shoreline Master Program, which Senior Planner David Johanson said has not been amended or updated since the city began using it.

In the proposed SMP, it says any nonconforming building or structure along the shoreline damaged over 50 percent of the assessed value can be rebuilt if they comply with new regulations.

Many people who have gotten up to speak at the commission meetings have asked for the number to be raised to the 75 percent maximum allowed by the state.

However, the state's rule says that if 75 percent of a non-conforming use structure is destroyed it cannot be rebuilt to non-conforming standards.

"If a nonconforming use is damaged to an extent not exceeding 75 percent replacement cost of the original structure, it may be reconstructed to those configurations existing immediately prior to the time the structure was damaged," according to the state's shoreline program.

The 50 percent number is not a new one-- it is the number currently being used in Burien's SMP. The only difference is the city's current SMP says any damage beyond 50 percent of the fair market value-- not assessed value.

And, Johanson acknowledged, with the new regulations, which include an increase of setbacks from the ordinary high water mark from 20 to 65 feet, more houses will become non-conforming structures.

Johanson said being a non-conforming structure would not put extra limitations on the structures along the shoreline.

Johanson said they still have to follow the regulations in the SMP, but they will not be restricted any further than new development on the shoreline.

Depending on the surrounding development, there may be opportunities to expand toward the water, Johanson said.

He also said the non-conformance status would not be affected if the house was sold. The new owners would be subject to the same rules as the previous owners.

Legally established bulkheads may be repaired or replaced as long as they are not constructed further toward the water than the existing bulkhead than is necessary to make the bulkhead effective.

Johanson said the city wants to encourage people repairing and replacing bulkheads to construct them to reduce the impact the bulkheads have on the beach.

Public Access:

The other issue bringing people to the planning commission meetings has been wording in the proposed SMP that says the city should place highest priority for creating parks on places where there is currently no public access.

Lake Burien is currently the only shoreline in Burien without public access.
Johanson said nothing in the SMP gives the city any more power or direction to create new parks and/or public access points than they already have.

Public access is something the city could have looked at years ago, or consider in a couple of years, Johanson said.

For people concerned about public access being created on Lake Burien Johanson said to look at the city's history.

Burien has created one park on the water since incorporation. Eagle Landing Park was opened in 2005. This was the first shoreline park created in Burien since Seahurst Park in the mid sixties, according to the Burien Web site.

Brian Bennett, Burien city councilman and former shoreline advisory committee member said he would like to see public access on Lake Burien.

"I think that the majority of the people I talked to, not counting residents on the lake, think it would be a good idea," Bennett said.

He said the taxpayers of Washington are paying for the lake, but do not have access.

"What I would do is work hard to address the legitimate concerns they (Lake Burien residents) have," he said. "There would be impacts if there was public access and we would have to mitigate that."

At this point, Bennett said he wants to look into the possibility of public access on the lake, but his support for public access is not unconditional.

"If it was going to have a significant adverse impact on the lake's environment I would oppose it," Bennett said.

The residents living around it look after the lake. Currently, the city does no work on it or the land around it to keep it up.

He said he would want a very secure and limited form of public access that would not include public boat access.

Bennett would like the city to consider buying a plot of land from the Ruth Dykeman Children's Center.

Ruth Dykeman applied for a short plat of four lots in November, one large plot of land encompassing the center and three lots to potentially sell. They are still undergoing the 120-day review process, which will be over on April 17.

Bennett said he feels the land on the Dykeman property is probably the last opportunity to see public access on Lake Burien in his lifetime.

"I think we should talk to the community about whether this is something we should move forward with," he said.