BURIEN, Wash. — The city of Burien is once again warning residents along a popular beachfront area of the city that unpermitted structures are illegal and could be removed.
If you drive down SW 172nd Street in the Three Tree Point neighborhood, you'll see homes on one side and cabanas, detached garages and other small structures on the other side, facing the water.
City officials sent a letter this week to some 40 residents along SW 172nd Street explaining the city does not allow encroachments in the form of permanent structures in the public street right-of-way.
But some residents who have lived in the neighborhood for years said this is how it's always been, and there's never been a problem.
"There’s no change. It’s been this way since 1954," explained Al Ellison, a homeowner on SW 172nd Street. "Some cabanas go, some come back, but basically, all the homes here have no place to park. They built a cabana or parking spot for their cars so they’d have a place to park the cars."
Nicholas Johnson, of the B-Town Blog who first reported the news from the city, said the city declined to say whether anything specific prompted the decision to send the letters.
"But the city is saying we have a right-of-way, and if we want to use that right-of-way to put in sidewalks or bike lanes or improve this street in any form, we have the authority to order that these be removed," explained Johnson.
Johnson said while it appears the city is correct, homeowners will likely continue to dispute it.
"Every several years we go through this battle, and they don’t understand the property rights that we have in writing, and once that’s explained to them by a lawyer, they decide to drop it and go away," continued Ellison.
The city of Burien sent the following statement to KING 5 regarding the structures:
"There has been a history of encroachment in the City of Burien's public street right-of-way on 172nd St. Like most municipalities, Burien does not permit encroachments in the form of permanent structures in the public street right-of-way. The council-approved letter provides notice for residents on 172nd St. that they cannot restrict, obstruct, or limit access to the public street right-of-way on 172nd St. without a permit.
"Obstructions in the public street right-of-way obstruct and limit pedestrian and vehicular traffic safety, utility and essential infrastructure access, and the City of Burien's ability to install sidewalks, bicycle lanes, run-off areas, and public parking. Unregulated uses of the public street right-of-way also results in potential environmental and flooding-related concerns as well as potential liability.
"The council-approved letter is an effort to protect Burien and to ensure full and fair access to the public street right-of-way on 172nd St."