Battle over zoning ensues between harbor neighbors

Homeowners question land-use ordinances for budding business

Susan Schell

of the Gateway

Residents of the Dunbar Cove neighborhood are going to battle against a nearby homeowner who is using their property for a business the neighbors feel would infringe on their quality of life.

Mark and Kelly Watson operate a wedding and events facility out of their home called “Kensington Gardens,” which abuts a greenbelt on the east side of Dunbar Cove.

The Watsons built their facility on one acre of their 23-acre lot and host weddings and events on the ground floor, with their living space on the second floor.

The Watsons obtained a Conditional Use Permit from Pierce County and have hosted several events since last July, but they ran into a snag when they wanted to start having outdoor ceremonies.

“They applied to the county planning department to develop an indoor wedding facility in their home,” said Mike Kruger, legislative analyst for the Pierce County Council.

“They went through the public hearing process for that project with the Pierce County hearing examiner, but when the Watsons wanted to do outdoor activities, it was not allowed in the code. Like any other land use case, there was disclosure, and when they found out what they wanted to do, neighbors were opposed.”

Trish Byers of planning and land services said the hearing examiners’ decision made in October 2007 only approved indoor weddings.

“They’re trying to change the zoning code through the county council,” Byers said. “And neighbors have voiced concerns about noise and traffic.”

One of those voices is from Rodger Bricker, who said his backyard sits about 300 feet from the Watsons’ residence.

“When we sit on our back deck, we can see people talking in the yard,” he said. “I’ve been to lots of weddings, and I’ve never been to a quiet one. We moved into a secluded area, and that’s why we live here.”

Another issue Bricker has revolves around alcoholic beverages being consumed during functions and the proximity of Kensington Gardens to nearby Harbor Heights Elementary School.

“It’s a problem with people coming out of there that have been partying,” he said. “There’s a lot of kids that hang around those schools after hours. I’m concerned about people leaving a party location down those winding, dark streets.”

Steve Arnold, president of the Dunbar Cove Neighborhood Association, has ecological concerns over the issue.

“They live on top of a hillside, and we’re down the hillside,” he said. “This area is very fragile in terms of water usage. They got permitted for a single-family residence, and if you put in 140 people at any one time, that’s way more.”

Kelly Watson said the septic system was designed like that of a church, and everything on the property was built to accommodate a business from the get-go.

“We did everything very carefully and got permits for everything from day one,” she said. “We did not want to run into these problems down the road.”

Watson said she and her husband intended to use the structure for events from the beginning. She said they lament the accusations that they have done anything wrong.

She sent letters to neighbors explaining what was happening on the property and invited several people to visit her home and talk about concerns they may have. Several neighbors never responded.

“I pride myself on being honest,” she said. “I believe in giving back to a community. I’ve done everything I’m supposed to do and more. I did this stuff on my own — nobody made me.”

A corporate interior designer for 25 years, Watson designed the building with acoustics in mind from the ground up. A sound wall is being erected in an arch around the building to divide it from Dunbar Cove for “stopping sound and soaking it up,” she said.

Sound-breaking vegetation is also being planted around the area for extra sound absorption.

Watson said if developers had bought the property, it would have been clear-cut, and the ensuing number of houses and families would have been a lot noisier on a day-to-day basis than the Kensington Gardens operation. The wooded area of the property will remain intact and not be destroyed, she said.

“We only built on one acre out of 23,” she said. “We had our driveway wind around so we wouldn’t have to knock down any trees. I think turning this place into a development is totally wrong. Everything is getting chopped up.”

Cindy Evans, a neighbor of the Watsons whose grandfather sold them the land, said she was grateful that they bought the property instead of developers.

“I was scared to death that all of grandpa’s property would get torn up and yucky,” she said. “I grew up here, and I live here now. It’s a very isolated place, and it’s still nostalgic for me. I think they’ve done a wonderful job keeping the land beautiful.”

Evans’ property faces the front of the Watsons’ house and said if there was any noise to be heard, it would come from that side.

“I can’t speak for the people on the other side — they’re a little closer — but I never hear anything,” she said. “It’s very private down there. The only way I know she has anything going on is she puts balloons out on the end of the street.”

Watson said noise would not be a factor even if the events were moved outdoors, because any live music would still be contained inside.

“We’re planning on having wedding ceremonies outside, not receptions,” she said. “One time when neighbors heard a loud party, it wasn’t me. This is not going to be a big free-for-all. These events are respectful and elegant.”

Any guest drinking has been carefully considered, Watson said.

“We’re not going to have big keg parties,” she said. “We serve beer, wine and champagne and end our functions by 10 p.m. Everyone has to be out by 11. I’m a good neighbor; I wouldn’t want to live next door to a party, either.”

One major factor that seems to be shaking neighbors up is the fact that residential zoning is being challenged.

Dunbar Cove resident Jim Ferguson feels that altering city codes gives certain people special rights without taking others into consideration.

“In this particular case, the code doesn’t give us homeowners nearby much of a voice,” he said. “There’s an overriding issue that the Gig Harbor peninsula is changing and the density is changing. Some of the land use policies and rules are not up to date with what is happening.

“The changing of the conditional use permit will adversely affect the character of the surrounding area, and that character is residential.”

Bricker alluded to another property adjacent to his that is seeking business use within residential zoning.

“A developer purchased some property and he is in the process of building a 30,000-square-foot riding stable,” he said. “It’s zoned as a private residence, but he’s considering looking into making it public. Then we would have two businesses right in our neighborhood.

“All the residents have lived here for years and years in our quiet neighborhood, and these people come up and want to change that. We thought the zoning laws were there to protect us.”

Watson said her dreams and livelihood are riding on the zoning decision, which will be reviewed next fall.

“I will lose everything if I don’t get my business open,” she said. “We’ve lost several engagements because we couldn’t offer them outdoors.”

Byers said that whatever the outcome is next fall, the Watsons will still be able to host functions indoors.

“Even if the department comes back and says, ‘We don’t think this should be allowed,’ they already have the permit for indoor events,” Byers said.

“We’re not wealthy people,” Watson said. “We’re just normal people with big dreams.”

Reach reporter Susan Schell at 253-853-9240 or by e-mail at susan.schell@gateline.com.