HomeMy WebLinkAbout18-03 - Ord. Interim Measure for Administrative Variance Review ORDINANCE NUMBER 3
AN ORDINANCE ENACTING A INTERIM MEASURE PROVIDING FOR
ADMINISTRATIVE VARIANCE REVIEW FOR DEVELOPMENT PROPOSED
ON RURAL RESIDENTIAL DESIGNATED LANDS IN MASON COUNTY
TO BE EFFECTIVE TO THE DATE OF MAY 5 , 2003 .
WHEREAS , when Mason County established rural residential development densities in May
2000 , rural lands in the county were designated to Rural Residential 2 . 5 , Rural Residential 5 ,
Rural Residential 10 , and Rural Residential 20 zones . These designations were done with
available Assessor Office information by planning consultants involved in the Comprehensive
Plan review process ;
WHEREAS , development standards for these Rural Residential zones were established in the
Mason County Development Regulations in March 2002 , including standards for front yard, side
yard, and rear yard setbacks ;
WHEREAS , there have been numerous proposals for development on parcels which are
designated Rural Residential 10 or 20 and are small in size (less than one acre) , and where the
owners are unable to site proposed residences and accessory structures on their property without
first seeking a variance from the Development Regulations side yard setback standard;
WHEREAS , with the coming season of new construction, future requests for new development
is anticipated on these small and narrow rural residential properties ;
WHEREAS , securing a standard variance to the Development Regulations for a reduced side
yard setback is a costly process in time and money and is a burden on the property owner;
WHEREAS , the Department of Community Development has not yet started a proposed
revisions of the Development Regulations to establish the administrative variance review of
proposed development on certain lots in Rural Lands in Mason County, where the proposed side
yard setback is constrained under certain circumstances ;
WHEREAS , Mason County should be afforded time to propose new development standards for
Rural Residential properties in the county, to assess impacts on the community by revising these
standards, and to undertake necessary public review of such development regulations ; and
WHEREAS , the proposed administrative variance review to reduce side yard setbacks on Rural
Residential 10 and Rural Residential 20 designated properties would have deminimus effect on
the rural character of those areas of Mason County.
NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF MASON COUNTY DOES
HEREBY ORDAIN as follows :
ORDINANCE # � $ - 03 , Page Two
Section 1 . There is established the following standards to be added to the Mason County
Development Regulations :
A. revise Sec . 1 . 04 . 237 (Rural Residential 10) Special Provisions and
Sec . 1 . 04 . 247 (Rural Residential 20) Special Provisions :
E . Front yard and side yard setback may be reduced as provided in Section
1 . 05 . 034 . 0 or 1 . 05. 034D .
B . add the following subsection 1 . 05 . 034 :
D . The Administrator may allow a reduction in the required side yard setback by
administrative variance under the following circumstances : for existing lots of record as
of March 5 , 2003 that are parcels designated as Rural Residential 10 or Rural Residential
20 ; and where physical attributes of the lot (such as steep slopes, wetlands , streams, soils ;
lot width at the front yard line of no more than 50 feet or lot size of no more than one-half
acre ; and existing improvements of buildings, septic systems, and well areas) preclude a
proposed development from meeting the 20 foot side yard setback standard. The
variance to the side yard setback shall be the minimum necessary to accommodate a
reasonable development proposal . This side yard setback shall not be less than 5 feet
distance from the property line or any easement boundary. The Administrator shall
document in the property file the rationale for said administrative variance decision.
Section 2 . The Board adopts this measure to be in effect to the date of May 5 , 2003 to provide
time for public review of these revisions by the Planning Advisory Commission and Board of
County Commissioners .
DATED this 4 th day of March, 2003 .
Board of Commissioners
Mason County, Washington
r ATTE T •
Herb Baze, Chair Clerk of the B and
APPROVED AS TO FORM :
Wesley . Johnson, Commissioner
j f
Deputy Prosecuting Attorney
Jayn Kmin, Commissioner