“When I use a word,” Humpty Dumpty said, in a rather scornful

tone, “it means just what I chose it to mean — neither more nor less.”

Humpty Dumpty must be representing the team of Weyerhaeuser

and Cadman as it seeks the county’s OK to mine and process gravel in a

residential area east of Ken’s Trucktown. And it wants

the word “residence” to mean exactly what it chooses

it to mean, neither more nor less.

This definition is being advanced in response to

an inconvenient provision unearthed in the King County Code that

regulates mining activities within a quarter-mile of “an established

residence.” This would seem a reasonable

protection for those living in a legally-zoned residential area from the possibility

of a noisy, dusty, obnoxious activity located so close that it renders

their homes unpleasant, if not uninhabitable. A map of the lands zoned

“Forest” in our county indicates there

are plenty of situations where this could occur, so the Code 21A.08.090 (B)

9 is necessary and sensible. And the law is not inflexible; the county can

grant a “Conditional Use Permit” (CUP)

to an applicant if it determines a waiver is justifiable in a particular case.

But it does require time and effort, as any homeowner seeking a permit for

a shed can attest.

It turns out the lower site of the proposed Grouse Ridge mine will

be within one-quarter mile of an “established residence” the elegant,

beautifully maintained home built in 1991 for a group of Buddhists. These

peaceful neighbors selected the spot because of its extraordinary congruity with

the ancient Chinese environmental philosophy of

Feng Shui. It is sited harmoniously with seven peaks,

faces south, and is on property zoned residential. Westbound motorists on

I-90 can see it to their right as they descend into the valley and approach Exit 34.

Even without a code issue, it’s hard to imagine how any public

corporation would be so crass as to develop a mine and gravel processing

operation adjacent to this tranquil abode . . .

specially one that telecasts evocative images of its own corporate

spirituality in calligraphic TV spots. But the applicants, between them

representing over 47,000 employees and almost $13 billion in annual worldwide

sales, not only intend to develop this site, they are demanding that King

County protect them from the five or six humble occupants of the

Buddhists residence!

And they insist they don’t need to request a CUP in order to start the

digging. How could this be?

This is where Humpty Dumpty comes in, demanding that the

county DDES accept its Clintonesque, Alice-in-Wonderland interpretation of

“residence.” Simply put, Humpty asserts that the code’s authors really

intended to keep mining 1320 feet from a homeowner’s

dwelling unit rather than his property! This means that a

property owner who sites a structure within that distance of “Forest” land is

encroaching on Weyerhaeuser’s right to extract, crush and process gravel!

The fact the Buddhist residence is entirely legal and was built years ago

following normal county permitting requirements isn’t relevant.

With a straight face, the applicants argue that if the authors of the

code had intended that it would be the property

line rather than the building they would have so stated. The converse

argument, that if they meant it to be the building they would have so stated,

has not been advanced. But while the codes’ authors neglected to

define “residence” in their Technical

Terms and Land Use Definitions they did provide a precise definition for

dwelling unit which is “One or more

rooms designed for occupancy by a person or family for living and sleeping

purposes.” [King County Code (21A.06.0345)] And the term

“family” is also defined there.

(21A.06.450) Among other qualifying options a “family” can be “a group of eight

or fewer residents, who are not related by blood or marriage, living

together as a single housekeeping unit.”

Thus, if the authors really intended to authorize quarries to control

adjacent property uses, and didn’t want to define “residence,” they could

have specified the dwelling unit and prevented any confusion.

They didn’t do this, but the applicants contend that the befuddled

authors, ostensibly King County Council Members, used the term

“residence” when they really meant “dwelling unit.” In order to accept

this interpretation, one must agree that the authors never intended to protect

the rights of property owners from mineral extraction or processing,

but rather to protect the extractors and processors from neighboring residents!

In effect, the applicants argue that the code’s intent was to transform

residentially zoned lands into buffer zones for the benefit of mineral extractors!

In disbelief, we queried candidates in the recent election for King

County Council Position 12. Brian Derdowski

was very clear in his response, asserting that such an interpretation

was “absolutely silly.” His successor, David

Irons, was as adamant: “The property line, not the door step,

should be used for measuring the distance. In short, there should be a conditional

use permit required.”

According to a DDES staffer who didn’t want to be named, however,

the county staff agrees with the gravel guys!

“The question is,” said Alice, “Whether you can make words

mean so many different things.”

“The question is” said Humpty Dumpty, “which is to be master

— that’s all.” — Alice Through

the Looking Glass

Skeptics are invited to check out the King County Code

at www.metrokc.gov.mkcc/code, and Alice Through the Looking

Glass by Lewis Carroll, Chapter 5.

Jeff Martine is a North Bend resident and volunteer with the

Cascade Gateway Foundation.