January 24, 2000
King County prevails on proposed Alberg mine
King County Superior Court upheld a county decision to deny a grading permit to mine sand and gravel from a property located at 10702 Carnation-Duvall Road NE. The property is owned by Thomas Alberg.
The grading permit was filed with the county's Department of Development and Environmental Services (DDES) in October 1997 and denied in April 1999. DDES determined that sand and gravel mining is not an allowed use on the site for the following reasons:
In denying the Alberg's petition on January 11, 2000, Superior Court Judge Linda Lau said, "the petitioners' requested relief is denied in its entirety and the county's decision to deny the petitioners' grading permit application is affirmed."
- The proposed commercial mine was not an allowed use under the current zoning on the site. (The property is zoned partially Rural Area and partially Agricultural.)
- The proposed commercial mine was not authorized by the legal, nonconforming site notation that was on the county's Mineral Resources Map at the time the application was filed. This notation was for informational purposes only.
- The proposed commercial mine was not permitted as a nonconforming use under King County's zoning code based on historical use. It did not qualify as a nonconforming use because there was no commercial mining activity on the property at the time it was zoned to prohibit mining in 1958.