APPLICATION:

This rule is intended to apply to cases in which an applicant seeks exemption from the requirement to obtain a Shoreline Substantial Development Permit on the grounds that the applicant is a contract purchaser of the property in question.

BACKGROUND:

The Washington State Shoreline Management Act (SMA) and the Seattle Shoreline Master Program exempt certain activities within the shoreline jurisdiction from the requirement to obtain a Substantial Development Permit issued by the City. One such exemption is for:

(c)onstruction on shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter

RCW 90.58.030(3)(e)(vi) (emphasis supplied).

The Seattle Shoreline Master Program (SSMP) contains an exemption that reflects the SMA provision. See SMC 23.60.936 (definition of substantial development).

Because the SMA, associated sections of the Washington Administrative Code, and the SSMP do not define "contract purchaser", it is necessary for the City to establish a definition of that term so that it may determine in a consistent manner who is or is not a "contract purchaser" and, thereby, entitled to the exemption.

DEFINITIONS:

"Contract purchaser" means the person named in a recorded real estate contract as the purchaser of the property or, if applicable, the purchaser’s successor or assign in interest, whether by voluntary or involuntary transfer or transfer by operation of law.

"Real estate contract" means any written agreement for the sale of real property under which the purchaser has a current right to use and possess the property while legal title to the property is retained by the seller as security for payment of the purchase price. "Real estate contract" does not include purchase and sale agreements, earnest money agreements, options to purchase, or any other agreement that does not give the purchaser a current right to use and possess the property.

PROOF OF STATUS:

Any person wishing to use the contract purchaser exemption must, at the time of Master Use Permit (MUP) application, provide DPD with a copy of the recorded real estate contract in which that person is named as contract purchaser. If the person seeking the exemption is the purchaser’s successor or assign, documentary proof of that status must also be provided.