Jones v. Lutken

62 So. 3d 455 (2011)

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Nature of the Case

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Facts

In 2005, P leased property near Lake Washington. The lake is a popular vacation spot, and P catered to the vacationers. On the property, P operated an RV campground, ran a convenience store that sold fishing bait and refreshments, and maintained a few permanent cabins for rent. In 2006, the Washington County Zoning Ordinance was enacted. Most of the land around Lake Washington, including P's land, was zoned R-2 residential (single-family residential). P's RV park, convenience store, and cabin-rental business were not in conformity with the new ordinance. the ordinance expressly provided for the continuation of non-conforming uses that existed at the time the ordinance was enacted. The Ordinance stated that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. P began selling portable cabins. These cabins were small manufactured buildings that could be loaded on trucks and transported. P sold several portable cabins. Most of the cabins sold were removed from his property. Two of the cabins were placed on RV lots, which were on P's property, at the request of the purchasers. The purchasers paid rent for the lots like an RV user. The Planning Director informed P that he could not display the cabins for sale and that he could not keep the two cabins on the RV lots. The director maintained that this use was an impermissible expansions of his non-conforming use. P sought a permit from the Washington County Planning Commission. The commission agreed with the director about the sales. This decision was never challenged. The commission disagreed with the director as to the two portable cabins placed on the RV lots. The commission found that the placement of the portable cabins was a permissible continuation of Jones's non-conforming use, not an expansion, and P was granted the permit to allow the portable cabins to remain. Nearby homeowners appealed to the Washington County Board of Supervisors. The board affirmed the commission's decision. The homeowners then filed a bill of exceptions and appealed the decision to the circuit court. The circuit court reversed the board of supervisors. P appealed.