The Battle Over The Beach -- Is A Local Builder Flouting The Law At His Waterfront Estate?

Seattle construction-company owner Gary Merlino is in troubled waters again with his Fauntleroy neighbors, who have repeatedly complained to the city that he has made illegal modifications to his imposing $1.6 million home on the shores of Puget Sound at Brace Point.

In written complaints to Seattle's Department of Construction and Land Use (DCLU) just in the past two weeks, nearly three dozen homeowners and a neighborhood association claim the sloping barrier of boulders and rocks Merlino erected along 100 feet of sandy beach at the edge of his property is closer to the water line than the neighbors' seawalls, and prevents the public from walking across his beach at high tide.

In addition, neighbors claim Merlino, owner of Gary Merlino Construction, put in a concrete boat ramp that alters the drift of sand and gravel and has eroded neighboring beaches. And they say he has littered the beach in front of his home with concrete blocks used as drift sills to control erosion.

A little more than a month ago, the DCLU issued a decision directing Merlino to remove the boat ramp but allowing the bouldered seawall - known as a revetment - to stay, with certain modifications.

Neighbors and the Fauntleroy Community Association have challenged that compromise. They have asked the DCLU for a land-use interpretation, hoping the city will order Merlino to completely remove the bouldered barrier and replace it with a bulkhead consistent with theirs.

It's not the first time the city has been asked to settle a dispute between Merlino and his neighbors.

"This site has been interpreted more than any site in the city of Seattle," said Andrew McKim, senior land-use analyst with DCLU. "Basically, there's 15 years of history going on here."

Bellevue attorney David Halinen, who represents Merlino, disputes the neighbors' assertions. He says Merlino has shown good faith and has worked responsibly within the system to protect his property, which is situated at the sharp tip of Brace Point and is subject to pounding waves during heavy storms.

"Mr. Merlino cannot fairly be criticized for taking steps at his own expense to protect his property from risk of imminent damage," said Halinen. He added that a previous owner had extended the property shoreward by filling it with rubble. The city agreed that was legal, Halinen said, and Merlino built his revetment at the edge of the filled property.

Merlino's two-story home, just south of the Fauntleroy ferry dock, includes a sunken tennis court and five-car garage. He built it after purchasing nearly an acre of undeveloped property in 1979.

Complaints started soon after that, with neighbors contending Merlino made modifications without proper permits. And in some cases, DCLU has agreed.

"Yes, we believe there were violations. And there were some legitimate disagreements about how the codes apply to this property," McKim said, adding that DCLU had sought amicable settlements and compromises in the case.

But, McKim added, "the neighbors are still complaining because (Merlino) keeps on doing stuff to his beach."

Merlino's most constant critic has been his next-door neighbor to the south, Calvin Bannon, a retired electrical engineer.

Bannon said he complained to the city nearly a decade ago after Merlino buried the erosion-control drift sills - 130 of them - in the sand on the beach in front of his home.

"They only caused erosion; they didn't control anything," Bannon said.

After DCLU stepped in, Merlino removed some of the blocks and relocated others closer to his property.

Bannon said he also had complained to the city in the past after Merlino installed a 40-foot boat ramp. When DCLU intervened, Merlino replaced the boat ramp with a 20-foot one. But Bannon says waves washing over the shorter ramp have flooded his property and eroded his wooden bulkhead.

McKim concedes that Merlino's line of work may be to his advantage: "He has access to a lot of equipment that a lot of citizens don't."

And, added Ed Schein, DCLU's shoreline inspector: "Gary has the capability to go out and do what he wants, and we can't keep on top of him all the time."

McKim says he expects his department to issue a response to the latest code-interpretation request within a month. "It's not as black-and-white as some of the neighbors may think it is," he said.