The Burien Planning Commission voted unanimously Tuesday night to send the Shoreline Master Program (SMP) to the City Council for their approval.

While many changes asked for by shoreline residents were made to the proposed SMP many homeowners are still not happy with the document.

Michael Noakes, president of the Burien Homeowners Association, said despite assurances from the City Staff having their shoreline homes become non-conforming should have no real impact on the owners he is still concerned it could affect loans, property values and the ability to resell the property. There is a lot of unclear language in the SMP and homeowners just do not know how this could affect them, Noakes said, there is a lot about it that is still left uknown.

Burien Senior Planner David Johanson said, after a quick and dirty analysis, out of over 300 residential homes on the Marine Shore, approximately 130 to 135 will become non-conforming if the 50-foot buffer and 15-foot setback for marine properties is approved. There is currently a 20-foot setback for marine properties.

Planning Commissioner Jim Clingon said the real-estate agents he had talked to said it could be harder to sell a house if it is a non-conforming use and that non-conformance is something that has to be disclosed.

Clingon said he was against buffers and setbacks that would make nearly half the houses on the marine shoreline non-conforming.

Planning Commissioner Rebecca McInteer said she did not relish the idea of creating a bunch of non-conforming houses, but the health of the Puget Sound needs to be taken into consideration.

“No one here has testified that they want to see Lake Burien or the Puget Sound turn into a bathtub,” McInteer said. “Our…neighbors need to bring their emotions up to date.”

After conceding he was not going to get any votes to lower the buffer Clingon said, “I hope we are not making a mistake here.”

Sam Tace, who is a housing specialist for the Seattle KingCounty Association of Realtors said whether a house’s being a non-conforming use will affect the ability to sell it depends completely on the people looking to buy it.

Tace said if a buyer wants to expand or remodel a home but cannot because regulations do not allow it then non-conformance and City regulations will become an issue. It just all depends on what someone would want to do to the property and what is allowed. But it does not necessarily affect the ability to sell a home.

“One thing current and future property owners might want to consider in that regard is contacting the company the provides their homeowners insurance to see what kind of insurance might be available to help in such a situation,” Tace said. “Not only to rebuild the home but also to help with any costs that might result from having to comply with regulatory changes that have been adopted.”

He said being non-conforming does not affect the cost of homeowners insurance by itself, but that there are possible additions to their policy people can look at to mitigate the cost of City requirements.

John Upthegrove, a Lake Burien Resident, said he was upset with the process. He said during the Shoreline Advisory Committee meetings public comment was never taken, or asked for.

Upthegrove said the Planning Commission has had an artificial timeline to send the SMP for the City Council for approval before the appointment of four new Planning Commission Members. Planning Commissioners Janet Shull and Rebecca McInteer’s terms are both up and there are two vacant positions on the Council.

The City Council and the Washington Department of Ecology will both hold public hearings before the SMP is enacted.

The City Council will talk about their schedule for discussing the SMP at the next council meeting, Monday April 5.

Burien Mayor Joan McGilton said while it will be considered she is against a round table discussion with the community because a council member could say something incorrectly that could open the City up to litigation.

If there will be a public forum for the community to talk with the Council- outside of the public hearing and public comment at meetings- and what form that could take will have to be decided by the Council.