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HomeMy WebLinkAboutSPI2002-00060 for BLD2002-00722 Add/Replace Garage - SPI Inspections - 5/29/2002 STAT pN' F MASON COUNTY 0 q5 Ao N DEPARTMENT OF COMMUNITY DEVELOPMENT s N = Planning Division 7 N Y 4 P O Box 279, Shelton, WA 98684 (360)427-9670 1864 Shoreline Inspection May 29, 2002 W&T ABRAMS 15 BLUE HORIZON LAGUNA NIGUEL CA 92677 Case No.: SP12002-000602'� Parcel No.: 322335000004 Project Description: Preinspection to determine applicability of planning regulations to site, which is under shoreline jurisdiction (Hood Canal), within a Type 3 stream setback, and within setbacks to Category I saltwater wetland. Dear Applicant: As part of this department's review of your permit application, a Shoreline Inspection (SPI)was performed on your property. Below you will find comments made regarding the proposed development and its critical values. In some cases, setbacks for development from shorelines, steep slopes, streams, and wetlands must be included in your specific proposal;these setbacks are included as part of the comments listed below. This information is based on County and State regulations as they exist to date. These regulations may change and may affect the requirements for development of the subject property. Please contact me at (360) 427-9670, ext. 295 if you have questions. Sincerely, Pam Bennett-Cumming Land Use Planner Mason County Planning Department CC ; eAx 46?t, � 5/29/2002 1 of 5 SP12002-00060 Shoreline Inspection 5/29/2002 Case No. SP12002-00060 Comments: **REVISED 5/29/02 - REVISIONS ENCLOSED WITH ASTERISKS** This information provides a broad overview of some of the applicable planning regulations Final determination of applicable planning regulations is made at the time of complete permit application(s) submittal. Building and Health Department permits and reviews are also required for development please contact them directly for information on their requirements. Staff met applicants on site to discuss applicability of planning regulations to any development on site. There are two small residential structures on the site (see architects site plan attached. The residence closest to the water appears to be built partly on fill extending into the Canal, and portions of the residence have zero setback to the Canal Behind this residence (7-1 Oft) is a small lean-to structure consisting of a flat roof and some supports sitting on concrete blocks. There are some bricks laid on the ground within the structure. Applicants are interested in expanding this **MOST WATERWARD** cabin 7ft on the south side, and expanding the narrow (porch) area on the portion of the west wall 7 ft. See the existing cabin per their draft site plan received 5/17/02 for information. **BECAUSE THE WESTERN SIDE OF THE LOT WITH THE MORE LANDWARD CABIN IS OUTSIDE THE STREAM BUFFER AND STREAM BUFFER SETBACK, APPLICANTS APPEAR TO HAVE AN AREA OF THEIR LOT WHERE THEY COULD EITHER EXPAND EXISTING MORE LANDWARD CABIN, OR REPLACE IT. INSTEAD OF PROPOSING TO DEVELOP IN A STREAM BUFFER. BECAUSE THE MORE LANDWARD CABIN APPEARS TO MEET CURRENT SHORELINE SETBACKS. AND IS OUTSIDE THE STREAM BUFFER AND BUFFER SETBACK, EXPANSION OF THIS STRUCTURE WOULD BE MORE CONSISTENT WITH THE RESOURCE ORDINANCE AND SHORELINE MASTER PROGRAM. ANY PROPOSAL TO EXPAND THE WATERWARD CABIN IN THE STREAM BUFFER INSTEAD WOULD NEED TO SHOW WHY EXPANSION OF THE CABIN OUTSIDE THE BUFFER WAS NOT POSSIBLE INSTEAD. AND SHOW CONSISTENCY WITH THE VARIANCE PROVISIONS OF THE RESOURCE ORDINANCE.** Several types of planning regulations apply on this site. Where more than one regulation applies, with different setbacks, all applicable provisions must be met. and in the case of setbacks, the greater setback prevails. 5/29/2002 2 of 5 SP12002-00060 Shoreline Inspection 5/29/2002 Case No.: SP12002-00060 SHORELINE MASTER PROGRAM: Site is on the shoreline of Hood Canal, shoreline designation for land within 200 feet of the shoreline is Urban Residential. The Hood Canal shoreline is a Shoreline of Statewide Significance. Under current saltwater shoreline setback regulations (prior to June 1, 2002) part of this small cabin is considered noncomforming to the minimum 15ft shoreline setback. The Shoreline Master Program provides that noncomforming structures cannot be expanded or made to be more noncomforming, so the size, use, and roofline of of the noncomforming portion of your cabin cannot be expanded. From the perspective of the current shoreline regulations, any expansion of the structure would need to be landward of an imaginary line drawn from the location of the 15ft minimum setback point, to the roofline of the next residences on ADJACENT lots. Current shoreline regulations would allow expansion landward of these imaginary lines, if there are portions of the residence that meet that 15ft setback. If no portion of the residence conforms to the 15ft setback, then expansion **OF A NONCONFORMING DEVELOPMENT IS PROHIBITED PER SMP SECTION 7.13.020.' SHORELINE VARIANCE Application does not guarantee approval. The process includes public notice and notification, public meeting and a public hearing before the Board of Mason County Commissioners, and final review and decision by the Department of Ecology. Please note that this is a different variance process than the one under the Resource Ordinance listed below. All other applicable regulatory provisions must also be met. NEW SALTWATER SETBACKS: Starting June 1, 2002 additional setback provisions apply to saltwater shorelines. They are contained in the Fish and Wildlife Habitat Conservation Area Chapter 17.01.110 of the Resource Ordinance (F and W). These new provisions are intended to provide buffering to lakes and saltwaters, for similar reasons that streams are buffered. In your case the imaginary line would still be used between adjacent residences on neighboring lots to determine shoreline setback, but because the MINIMUM shoreline setback under the regulation would be a 20ft natural vegetative buffer plus 15ft building setback, totaling 35 feet, the existing cabin at the beach would be considered entirely nonconforming to the setback and could not be expanded without review and approval of a Mason Environmental Permit Variance to the F and W setbacks (see 5/29/2002 3 of 5 SP12002-00060 t i Shoreline Inspection 5/29/2002 Case No.: SP12002-00060 below). Application for a variance involves public notice and notification, public review and a hearing before the Board of Mason County Commissioners. DALBY CREEK is a Type 3 stream. In addition to staff personally observing chum salmon spawning in this creek in the fall of 2001, staff has received confirmation from both the State Department of Fish and Wildlife, and the Skokomish Tribe fish biologist Marty Erath that this is a fish bearing stream. Type 3 streams have a 150 foot buffer with an additional 15 ft building setback. It appears that a substantial portion of the site is within the stream buffer and setback, **HOWEVER A PORTION OF THE WESTERN SIDE OF THE LOT WHERE THE MORE LANDWARD CABIN LIES, IS OUTSIDE THE STREAM BUFFER.*+ Development within the stream buffer requires a Habitat Management Plan which includes proposed mitigation for impact, and review and approval of a Mason Environmental Permit Variance (see below). The HMP is also reviewed by the State Department of Fish and Wildlife and the Skokomish Tribe. CATEGORY I WETLAND The saltwater wetland adjacent to the shoreline is a Category I wetland, with a buffer of 125 feet with an additional 15 foot building setback. As you agreed this has high habitat value. Encroachments into a wetland buffer may be allowed where they have the minimum inpact possible. The approach is always avoidance, mitigation, compensation for impact (enhancement). This is reviewed through a Mason Environmental Permit, with a wetland report addressing mitigation. In cases where there is already a MEP variance process occurring, the wetland mitigation plan can be reviewed within the MEP variance's HMP. FLOODPLAIN At least a portion of the site closest to the shoreline is within the Zone A floodplain of Hood Canal. Construction in floodplains requires elevation of the first habitable floor at least 2ft above grade, and elevation certification. MASON ENVIRONMENTAL PERMIT VARIANCE (MEP variance) Portions of your activity would appear to need review under a MEP Variance, with a Habitat Management Plan with proposed mitigation. Specific variance criteria must be met, and application does not guarantee approval. The Fish and Wildlife Habitat Conservation Area chapter which includes provisions for content of a Habitat Management Plan, and variance procedure are enclosed. The process requires public notice, public review, a 5/29/2002 4 of 5 SP12002-00060 Shoreline Inspection 5/29/2002 Case No.: SP12002-00060 public meeting before the Planning Commission, and a public hearing before the Board of Mason County Commissioners. Note that the shoreline permit variance process and the MEP variance process are different and require separate application and review. enclosures: Fee Schedule Fish and Wildlife Habitat Conservation Area Chapter (includes R.O. variance process and criteria) Wetland Chapter Mason Environmental Permit Variance application Flood Ordinance Building permit application 5/29/2002 5 of 5 SP12002-00060 Case Activityg 3:00:222PM Listing 5/3 T I D E M A R K Case #: SPI2002-00060 COMPUTER SYSTEMS, INC. Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated SPIA010 Application Received 5/22/2002 None 5/22/2002 PBC Pagel of 5 CaseActivity..rpt f 5/31/2002 Case Activity Listing 3:00:24PM T I D E M A R K Case #: SPI2002-00060 COMPUTER SYSTEMS, INC. Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated SPIA600 SPI Letter-Field Review 5/23/2002 5/23/2002 None DONE PBC 5/23/2002 PBC This information provides abroad overview of some of the applicable planning regulations. Final determination of applicable planning regulations is made at the time of complete permit application(s) submittal. Building and Health Department permits and reviews are also required for development,please contact them directly for information on their requirements. Staff met applicants on site to discuss applicability of planning regulations to any development on site. There are two small residential structures on the site(see architects site plan attached. The residence closest to the water appears to be built partly on fill extending into the Canal,and portions of the residence have zero setback to the Canal. Behind this residence(7-10ft)is a small lean-to structure consisting of a flat roof and some supports sitting on concrete blocks. There are some bricks laid on the ground within the structure. Applicants are interested in expanding this cabin 7ft on the south side,and expanding the narrow(porch)area on the portion of the west wall 7 ft. See the existing cabin per their draft site plan received 5/17/02 for information. Several types of planning regulations apply on this site. Where more than one regulation applies,with different setbacks,all applicable provisions must be met,and in the case of setbacks,the greater setback prevails. SHORELINE MASTER PROGRAM:Site is on the shoreline of Hood Canal,shoreline designation for land within 200 feet of the shoreline is Urban Residential. The Hood Canal shoreline is a Shoreline of Statewide Significance. Undercurrent saltwater shoreline setback regulations(prior to June 1,2002)part of this small cabin is considered noncomforming to the minimum 15ft shoreline setback The Shoreline Master Program provides that noncomforming structures cannot be expanded or made to be more noncomforming,so the size,use,and roofline of of the noncomforming portion of your cabin cannot be expanded. From the perspective of the current shoreline regulations, any expansion of the structure would need to be landward of an imaginary line drawn from the location of the 15ft minimum setback point,to the roof fine of the next residences on ADJACENT lots Current shoreline regulations would allow expansion landward of these imaginary lines,if there are portions of the residence that meet that 15ft setback. If no portion of the residence conforms to the 15ft setback,then expansion would require application for and approval of a shoreline Substantial Development Variance. SHORELINE VARIANCE Application does not guarantee approval. The process includes public notice and notification,public meeting and a public hearing before the Board of Mason County Commissioners,and final review and decision by the Department of Ecology.Please note that this is a different variance process than the one under the Resource Ordinance listed below.All other applicable regulatory provisions must also be met. NEW SALTWATER SETBACKS: Starting June 1,2002 additional setback provisions apply to saltwater shorelines They are contained in the Fish and Wildlife Habitat Conservation Area Chapter 17.01.110 of the Resource Ordinance(F and W). These new provisions are intended to provide buffering to lakes and saltwate s,for similar reasons that streams are buffered In your case the imaginary line would still be used between adjacent residences on neighboring lots to determine shoreline setback,but because the MINIMUM shoreline setback under the regulation would be a 20ft natural vegetative buffer plus 15ft building setback,totaling 35 feet,the existing cabin at the beach would be considered entirely nonconforming to the setback and could not be expanded without review and approval of a Mason Environmental Permit Variance to the F and W setbacks(see below). Application for a variance involves public notice and notification,public review and a hearing before the Board of Mason County Commissioners. DALBY CREEK is a Type 3 stream In addition to staff personally observing chum salmon spawning in this creek in the fall of 2001,staff has received confirmation from both the State Department of Fish and Wildlife,and the Skokomish Tribe fish biologist Marty Erath that this is a fish bearing stream. Type 3 streams have a 150 foot buffer with an additional 15 ft building setback. It appears that a substantial portion of the site is within the stream buffer and setback. Development within the stream buffer requires a Habitat Management Plan which includes proposed mitigation for impact, and review and approval of a Mason Environmental Permit Variance(see below). The HMP is also reviewed by the State Department of Fish and Wildlife and the Skokomish Tribe. CATEGORY I WETLAND The saltwater wetland adjacent to the shoreline is a Category I wetland,with a buffer of 125 feet with an additional 15 foot building setback. As you agreed this has high habitat value. Encroachments into Page 2 of 5 CaseActivity..rpt 5/31/2002 Case Activity Listing 3:00:24PM T I D E M A R K Case #: SPI2002-00060 COMPUTER SYSTEMS, INC. Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated a wetland buffer maybe allowed where they have the minimum inpact possible. The approach is always avoidance,mitigation,compensation for impact(enhancement). This is reviewed through a Mason Environmental Permit,with a wetland report addressing mitigation. In cases where there is already a MEP variance process occurring,the wetland mitigation plan can be reviewed within the MEP variance's HMP. FLOODPLAIN At least a portion of the site closest to the shoreline is within the Zone A floodplain of Hood Canal. Construction in floodplains requires elevation of the first habitable floor at least 2ft above grade,and elevation certification. MASON ENVIRONMENTAL PERMIT VARIANCE(MEP variance) Portions of your activity would appear to need review under a MEP Variance,with a Habitat Management Plan with proposed mitigation. Specific variance criteria must be met, and application does not guarantee approval. The Fish and Wildlife Habitat Conservation Area chapter which includes provisions for content of a Habitat Management Plan,and variance procedure are enclosed. The process requires public notice,public review,a public meeting before the Planning Commission,and a public hearing before the Board of Mason County Commissioners. Note that the shoreline permit variance process and the MEP variance process are different and require separate application and review. enclosures: Fee Schedule Fish and Wildlife Habitat Conservation Area Chapter(includes R0.variance process and criteria) Wetland Chapter Mason Environmental Permit Variance application Shoreline Substantial Development Variance application,with Variance criteria. Flood Ordinance Building permit application Page 3 of 5 CaseActivity..rpt 5/31/2002 �� Case Activity Listing 3:00:24PM T I D E M A R K Case #: SPI2002-00060 COMPUTER SYSTEMS, INC. Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated SPIA600 SPI Letter-Field Review 5/29/2002 5/29/2002 None DONE PBC 5/29/2002 PBC **REVISED 5/29/02-REVISIONS ENCLOSED WITH ASTERISKS**This information provides a broad overview of some of the applicable planning regulations. Final determination of applicable planning regulations is made at the time of complete permit application(s)submittal. Building and Health Department permits and reviews are also required for development,please contact them directly for information on their requirements. Staff met applicants on site to discuss applicability of planning regulations to any development on site. There are two small residential structures on the site(see architects site plan attached. The residence closest to the water appears to be built partly on fill extending into the Canal,and portions of the residence have zero setback to the Canal. Behind this residence(7-10ft)is a small lean-to structure consisting of a flat roof and some supports sitting on concrete blocks. There are some bricks laid on the ground within the structure. Applicants are interested in expanding this**MOST WATERWARD**cabin 7ft on the south side,and expanding the narrow(porch)area on the portion of the west wall 7 ft. See the existing cabin per their draft site plan received 5/17/02 for information. **BECAUSE THE WESTERN SIDE OF THE LOT WITH THE MORE LANDWARD CABIN IS OUTSIDE THE STREAM BUFFER AND STREAM BUFFER SETBACK,APPLICANTS APPEAR TO HAVE AN AREA OF THEIR LOT WHERE THEY COULD EITHER EXPAND EXISTING MORE LANDWARD CABIN,OR REPLACE IT,INSTEAD OF PROPOSING TO DEVELOP IN A STREAM BUFFER. BECAUSE THE MORE LANDWARD CABIN APPEARS TO MEET CURRENT SHORELINE SETBACKS,AND IS OUTSIDE THE STREAM BUFFER AND BUFFER SETBACK,EXPANSION OF THIS STRUCTURE WOULD BE MORE CONSISTENT WITH THE RESOURCE ORDINANCE AND SHORELINE MASTER PROGRAM. ANY PROPOSAL TO EXPAND THE WATERWARD CABIN IN THE STREAM BUFFER INSTEAD WOULD NEED TO SHOW WHY EXPANSION OF THE CABIN OUTSIDE THE BUFFER WAS NOT POSSIBLE INSTEAD,AND SHOW CONSISTENCY WITH THE VARIANCE PROVISIONS OF THE RESOURCE ORDINANCE" Several types of planning regulations apply on this site. Where more than one regulation applies,with different setbacks,all applicable provisions must be met,and in the case of setbacks, the greater setback prevails. SHORELINE MASTER PROGRAM:Site is on the shoreline of Hood Canal,shoreline designation for land within 200 feet of the shoreline is Urban Residential. The Hood Canal shoreline is a Shoreline of Statewide Significance. Under currant saltwater shoreline setback regulations(prior to June 1,2002)part of this small cabin is considered noncomforming to the minimum 15ft shoreline setback. The Shoreline Master Program provides that noncomforming structures cannot be expanded or made to be more noncomforming,so the size,use,and roofline of of the noncomforming portion of your cabin cannot be expanded. From the perspective of the current shoreline regulations, any expansion of the structure would need to be landward of an imaginary line drawn from the location of the 15ft minimum setback point,to the roofline of the next residences on ADJACENT lots. Current shoreline regulations would allow expansion landward of these imaginary lines,if there are portions of the residence that meet that 15ft setback. If no portion of the residence conforms to the 15ft setback,then expansion**OF A NONCONFORMING DEVELOPMENT IS PROHIBITED PER SMP SECTION 7.13,020.** SHORELINE VARIANCE Application does not guarantee approval. The process includes public notice and notification,public meeting and a public hearing before the Board of Mason County Commissioners,and final review and decision by the Department of Ecology.Please note that this is a different variance process than the one under the Resource Ordinance listed below.All other applicable regulatory provisions must also be met. NEW SALTWATER SETBACKS: Starting June 1,2002 additional setback provisions apply to saltwater shorelines. They are contained in the Fish and Wildlife Habitat Conservation Area Chapter 17.01.110 of the Resource Ordinance(F and W). These new provisions are intended to provide buffering to lakes and saltwaters,for similar reasons that streams are buffered. In your case the imaginary fine would still be used between adjacent residences on neighboring lots to determine shoreline setback,but because the MINIMUM shoreline setback under the regulation would be a 20ft natural vegetative buffer plus 15ft building setback,totaling 35 feet,the existing cabin at the beach would be considered entirely nonconforming to the setback and could not be expanded without review and approval of a Mason Environmental Permit Variance to the F and W setbacks(see below). Application for a variance involves public notice and notification,public review and a hearing before the Board of Mason County Commissioners. DALBY CREEK is a Type 3 stream In addition to staff personally observing chum salmon spawning in this creek in the fall of 2001,staff has received confirmation from both the State Department of Page 4 of 5 CaseActivity..rpt 5/31/2002 �� Case Activity Listing 3:00:22PM T 1 0 E M A R K Case #: SPI2002-00060 COMPUTER SYSTEMS, INC. Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated Fish and Wildlife,and the Skokomish Tribe fish biologist Marty Erath that this is a fish bearing stream. Type 3 streams have a 150 foot buffer with an additional 15 ft building setback. It appears that a substantial portion of the site is within the stream buffer and setback,"HOWEVER A PORTION OF THE WESTERN SIDE OF THE LOT WHERE THE MORE LANDWARD CABIN LIES,IS OUTSIDE THE STREAM BUFFER" Development within the stream buffer requires a Habitat Management Plan which includes proposed mitigation for impact,and review and approval of a Mason Environmental Permit Variance(see below). The HMP is also reviewed by the State Department of Fish and Wildlife and the Skokomish Tribe. CATEGORY I WETLAND The saltwater wetland adjacent to the shoreline is a Category I wetland,with a buffer of 125 feet with an additional 15 foot building setback. As you agreed this has high habitat value. Encroachments into a wetland buffer maybe allowed where they have the minimum impact possible. The approach is always avoidance,mitigation,compensation for impact(enhancement). This is reviewed through a Mason Environmental Permit,with a wetland report addressing mitigation. In cases where there is already a MEP variance process occurring,the wetland mitigation plan can be reviewed within the MEP variance's HMP. FLOODPLAIN At least a portion of the site closest to the shoreline is within the Zone A floodplain of Hood Canal. Construction in floodplains requires elevation of the first habitable floor at least 2ft above grade,and elevation certification. MASON ENVIRONMENTAL PERMIT VARIANCE(MEP variance) Portions of your activity would appear to need review under a MEP Variance,with a Habitat Management Plan with proposed mitigation. Specific variance criteria must be met, and application does not guarantee approval. The Fish and Wildlife Habitat Conservation Area chapter which includes provisions for content of a Habitat Management Plan,and variance procedure are enclosed. The process requires public notice,public review,a public meeting before the Planning Commission,and a public hearing before the Board of Mason County Commissioners. Note that the shoreline permit variance process and the MEP variance process are different and require separate application and review. enclosures: Fee Schedule Fish and Wildlife Habitat Conservation Area Chapter(includes R.O.variance process and criteria) Wetland Chapter Mason Environmental Permit Variance application Shoreline Substantial Development Variance application,with Variance criteria. Flood Ordinance Building permit application Page 5 of 5 CaseActivity..Tpt Case SPI2002-00060 Nummber WII-LIAM ABRAMS Case Status ! FIN Applicant 15 BLUE HORIZON Parcel 322335000004 LAGUNA NIGUEL CA 92677 Number Project 17 E WATERWHEEL PL UNION Address Valuation $ 0.00 Preinspection to determine applicability of planning regulations to site, Description which is under shoreline jurisdiction(Hood Canal),within a Type 3 stream setback, and within setbacks to Category I saltwater wetland. Activities Date Date Assigned Done Description Assigned Done Status To By SPI Letter-Field Review 05/29/2002 05/29/2002 DONE PBC **REVISED 5/29/02 -REVISIONS ENCLOSED WITH ASTERISKS** This information provides a broad overview of some of the applicable planning regulations. Final determination of applicable planning regulations is made at the time of complete permit application(s)submittal. Building and Health Department permits and reviews are also required for development,please contact them directly for information on their requirements. Staff met applicants on site to discuss applicability of planning regulations to any development on site. There are two small residential structures on the site (see architects site plan attached. The residence closest to the water appears to be built partly on fill extending into the Canal, and portions of the residence have zero setback to the Canal. Behind this residence(7-1Oft)is a small lean-to structure consisting of a flat roof and some supports sitting on concrete blocks. There are some bricks laid on the ground within the structure. Applicants are interested in expanding this "MOST WATERWARD** cabin 7ft on the south side, and expanding the narrow(porch)area on the portion of the west wall 7 ft. See the existing cabin per their draft site plan received 5/17/02 for information. **BECAUSE THE WESTERN SIDE OF THE LOT WITH THE MORE LANDWARD CABIN IS OUTSIDE THE STREAM BUFFER AND STREAM BUFFER SETBACK, APPLICANTS APPEAR TO HAVE AN AREA OF THEIR LOT WHERE THEY COULD EITHER EXPAND EXISTING MORE LANDWARD CABIN, OR REPLACE IT, INSTEAD OF PROPOSING TO DEVELOP IN A STREAM BUFFER. BECAUSE THE MORE LANDWARD CABIN APPEARS TO MEET CURRENT SHORELINE SETBACKS,AND IS OUTSIDE THE STREAM BUFFER AND BUFFER SETBACK, EXPANSION OF THIS STRUCTURE WOULD BE MORE CONSISTENT WITH THE RESOURCE ORDINANCE AND SHORELINE MASTER PROGRAM. ANY PROPOSAL TO EXPAND THE WATERWARD CABIN IN THE STREAM BUFFER 1 INSTEAD WOULD NEED TO SHOW WHY EXPANSION OF THE CABIN OUTSIDE THE BUFFER WAS NOT POSSIBLE INSTEAD,AND SHOW CONSISTENCY WITH THE VARIANCE PROVISIONS OF THE RESOURCE ORDINANCE. Several types of planning regulations apply on this site. Where more than one regulation applies, with different setbacks, all applicable provisions must be met,and in the case of setbacks, the greater setback prevails. SHORELINE MASTER PROGRAM: Site is on the shoreline of Hood Canal, shoreline designation for land within 200 feet of the shoreline is Urban Residential. The Hood Canal shoreline is a Shoreline of Statewide Significance. Under current saltwater shoreline setback regulations(prior to June 1 2002 art of this small cabin is considered l� (P )P noncomformingto the minimum 15ft shoreline setback. The Shoreline Master Program gram provides that noncomforming structures cannot be expanded or made to be more noncomforming, so the size,use, and roofline of of the noncomforming portion of your cabin cannot be expanded. From the perspective of the current shoreline regulations,any expansion of the structure would need to be landward of an imaginary line drawn from the location of the 15ft minimum setback point,to the roofline of the next residences on ADJACENT lots. Current shoreline regulations would allow expansion landward of these imaginary lines, if there are portions of the residence that meet that 15ft setback. If no portion of the residence conforms to the 15ft setback, then expansion **OF A NONCONFORMING DEVELOPMENT IS PROHIBITED PER SMP SECTION 7.13.020.** SHORELINE VARIANCE Application does not guarantee approval. The process includes public notice and notification,public meeting and a public hearing before the Board of Mason County Commissioners, and final review and decision by the Department of Ecology. Please note that this is a different variance process than the one under the Resource Ordinance listed below. All other applicable regulatory provisions must also be met. NEW SALTWATER SETBACKS: Starting June 1,2002 additional setback provisions apply to saltwater shorelines. They are contained in the Fish and Wildlife Habitat Conservation Area Chapter 17.01.110 of the Resource Ordinance(F and W). These new provisions are intended to provide buffering to lakes and saltwaters, for similar reasons that streams are buffered. In your case the imaginary line would still be used between adjacent residences on neighboring lots to determine shoreline setback, but because the MINIMUM shoreline setback under the regulation would be a 20ft natural vegetative buffer plus 15ft building setback, totaling 35 feet,the existing cabin at the beach would be considered entirely nonconforming to the setback and could not be expanded without review and approval of a Mason Environmental Permit Variance to the F and W setbacks (see below). Application for a variance involves public notice and notification, public review and a hearing before the Board of Mason County Commissioners. DALBY CREEK is a Type 3 stream. In addition to staff personally observing chum 2 salmon spawning in this creek in the fall of 2001, staff has received confirmation from both the State Department of Fish and Wildlife, and the Skokomish Tribe fish biologist Marty Erath that this is a fish bearing stream. Type 3 streams have a 150 foot buffer with an additional 15 ft building setback. It appears that a substantial portion of the site is within the stream buffer and setback, "HOWEVER A PORTION OF THE WESTERN SIDE OF THE LOT WHERE THE MORE LANDWARD CABIN LIES, IS OUTSIDE THE STREAM BUFFER.** Development within the stream buffer requires a Habitat Management Plan which includes proposed mitigation for impact,and review and approval of a Mason Environmental Permit Variance(see below). The HMP is also reviewed by the State Department of Fish and Wildlife and the Skokomish Tribe. CATEGORY I WETLAND The saltwater wetland adjacent to the shoreline is a Category I wetland,with a buffer of 125 feet with an additional 15 foot building setback. As you agreed this has high habitat value. Encroachments into a wetland buffer may be allowed where they have the minimum inpact possible. The approach is always avoidance,mitigation,compensation for impact(enhancement). This is reviewed through a Mason Environmental Permit,with a wetland report addressing mitigation. In cases where there is already a MEP variance process occurring,the wetland mitigation plan can be reviewed within the MEP variance's HMP. FLOODPLAIN At least a portion of the site closest to the shoreline is within the Zone A floodplain of Hood Canal. Construction in floodplains requires elevation of the first habitable floor at least 2ft above grade, and elevation certification. MASON ENVIRONMENTAL PERMIT VARIANCE(MEP variance) Portions of your activity would appear to need review under a MEP Variance,with a Habitat Management Plan with proposed mitigation. Specific variance criteria must be met, and application does not guarantee approval. The Fish and Wildlife Habitat Conservation Area chapter which includes provisions for content of a Habitat Management Plan,and variance procedure are enclosed. The process requires public notice,public review, a public meeting before the Planning Commission, and a public hearing before the Board of Mason County Commissioners.Note that the shoreline permit variance process and the MEP variance process are different and require separate application and review. enclosures: Fee Schedule Fish and Wildlife Habitat Conservation Area Chapter(includes R.O. variance process and criteria) Wetland Chapter Mason Environmental Permit Variance application Shoreline Substantial Development Variance application, with Variance criteria. Flood Ordinance Building permit application 3 SPI Letter-Field Review 05/23/2002 05/23/2002 DONE PBC This information provides a broad overview of some of the applicable planning regulations. Final determination of applicable planning regulations is made at the time of complete permit application(s)submittal. Building and Health Department permits and reviews are also required for development, please contact them directly for information on their requirements. Staff met applicants on site to discuss applicability of planning regulations to any development on site. There are two small residential structures on the site(see architects site plan attached. The residence closest to the water appears to be built partly on fill extending into the Canal, and portions of the residence have zero setback to the Canal. Behind this residence (7-1 Oft) is a small lean-to structure consisting of a flat roof and some supports sitting on concrete blocks. There are some bricks laid on the ground within the structure. Applicants are interested in expanding this cabin 7ft on the south side, and expanding the narrow(porch)area on the portion of the west wall 7 ft. See the existing cabin per their draft site plan received 5/17/02 for information. Several types of planning regulations apply on this site. Where more than one regulation applies, with different setbacks,all applicable provisions must be met, and in the case of setbacks,the greater setback prevails. SHORELINE MASTER PROGRAM: Site is on the shoreline of Hood Canal, shoreline designation for land within 200 feet of the shoreline is Urban Residential. The Hood Canal shoreline is a Shoreline of Statewide Significance.Under current saltwater shoreline setback regulations(prior to June 1,2002)part of this small cabin is considered noncomforming to the minimum 15ft shoreline setback. The Shoreline Master Program provides that noncomforming structures cannot be expanded or made to be more noncomforming, so the size, use, and roofline of of the noncomforming portion of your cabin cannot be expanded. From the perspective of the current shoreline regulations, any expansion of the structure would need to be landward of an imaginary line drawn from the location of the 15ft minimum setback point,to the roofline of the next residences on ADJACENT lots. Current shoreline regulations would allow expansion landward of these imaginary lines,if there are portions of the residence that meet that 15ft setback. If no portion of the residence conforms to the 15ft setback, then expansion would require application for and approval of a shoreline Substantial Development Variance. SHORELINE VARIANCE Application does not guarantee approval. The process includes public notice and notification,public meeting and a public hearing before the Board of Mason County Commissioners, and final review and decision by the Department of Ecology. Please note that this is a different variance process than the one under the Resource Ordinance listed below. All other applicable regulatory provisions must also be met. NEW SALTWATER SETBACKS: Starting June 1, 2002 additional setback provisions 4 apply to saltwater shorelines. They are contained in the Fish and Wildlife Habitat Conservation Area Chapter 17.01.110 of the Resource Ordinance(F and W). These new provisions are intended to provide buffering to lakes and saltwaters,for similar reasons that streams are buffered. In your case the imaginary line would still be used between adjacent residences on neighboring lots to determine shoreline setback, but because the MINIMUM shoreline setback under the regulation would be a 20ft natural vegetative buffer plus 15ft building setback,totaling 35 feet,the existing cabin at the beach would be considered entirely nonconforming to the setback and could not be expanded without review and approval of a Mason Environmental Permit Variance to the F and W setbacks (see below). Application for a variance involves public notice and notification,public review and a hearing before the Board of Mason County Commissioners. DALBY CREEK is a Type 3 stream. In addition to staff personally observing chum salmon spawning in this creek in the fall of 2001, staff has received confirmation from both the State Department of Fish and Wildlife,and the Skokomish Tribe fish biologist Marty Erath that this is a fish bearing stream. Type 3 streams have a 150 foot buffer with an additional 15 ft building setback. It appears that a substantial portion of the site is within the stream buffer and setback. Development within the stream buffer requires a Habitat Management Plan which includes proposed mitigation for impact, and review and approval of a Mason Environmental Permit Variance(see below). The HMP is also reviewed by the State Department of Fish and Wildlife and the Skokomish Tribe. CATEGORY I WETLAND The saltwater wetland adjacent to the shoreline is a Category I wetland,with a buffer of 125 feet with an additional 15 foot building setback. As you agreed this has high habitat value. Encroachments into a wetland buffer may be allowed where they have the minimum inpact possible. The approach is always avoidance,mitigation, compensation for impact(enhancement). This is reviewed through a Mason Environmental Permit,with a wetland report addressing mitigation. In cases where there is already a MEP variance process occurring,the wetland mitigation plan can be reviewed within the MEP variance's HUT. FLOODPLAIN At least a portion of the site closest to the shoreline is within the Zone A floodplain of Hood Canal. Construction in floodplains requires elevation of the first habitable floor at least 2ft above grade, and elevation certification. MASON ENVIRONMENTAL PERMIT VARIANCE(MEP variance) Portions of your activity would appear to need review under a MEP Variance,with a Habitat Management Plan with proposed mitigation. Specific variance criteria must be met, and application does not guarantee approval. The Fish and Wildlife Habitat Conservation Area chapter which includes provisions for content of a Habitat Management Plan,and variance procedure are enclosed. The process requires public notice,public review, a public meeting before the Planning Commission,and a public hearing before the Board of Mason County Commissioners.Note that the shoreline permit variance process and the MEP variance process are different and require separate application and review. 5 enclosures: Fee Schedule Fish and Wildlife Habitat Conservation Area Chapter(includes R.O. variance process and criteria) Wetland Chapter Mason Environmental Permit Variance application Shoreline Substantial Development Variance application,with Variance criteria. Flood Ordinance Building permit application Application Received 05/22/2002 05/22/2002 PBC Permit Fees Fee Type Amount Due Amount Paid No fees available for this case Total Fees: $ 0.00 $ 0.00 Amount Outstanding: $ 0.00 Conditions No conditions on this case This information was last updated: 11/29/2005 at 5:05 pm Information may be inaccurate and outdated. Please refer to the Permit Center to verify any information 6 Case BLD2002- Nummber 00722 WII-LIAM ABRAMS Case Status ! CAN Applicant 15 BLUE HORIZON Parcel 322335000004 LAGUNA NIGUEL CA 92677 Number Project 17 E WATERWHEEL PL UNION Address Valuation ? $ 20,989.08 Description ADDITION AND GARAGE Activities Date Date Assigned Done Description Assigned Done Status To By Permit Cancelled 11/22/2005 DONE TLG No site inspection necessary prior to cancelling permit. Permit is expired and DCD/Planning conducted site inspection on 4-5-05 for illegal breezeway. Application for this permit expired without submittal of new plans per SAL's 6/28/04 notes Telephone Call 06/28/2004 DONE SAL Based upon discussions w/applicants they are not pursuiing the variance request,but are going to alter plans so that total expansion is not greater than 10%of existing footprint of house and garage. They have submitted a site plan to this effect located in the building permit file and are working on submitting new plans which will need to be checked for compliance. Staff is only waiting for new building plans to compare w/submitted site plan. SAL Environmental Health Review 06/05/2002 08/15/2002 DONE CEW We will need septic records, satis pumpers report and plot plan showing reserve area for drainfield.6/27/02rec satis pumpers report and plot plan 8/15/02rec as built of existing system. Building Plan Review 06/05/2002 07/01/2002 DONE RLS review completed sent to case manager RLS 07-01-02 Miscellaneous Action 06/24/2002 DONE KLW CUSTOMER FAXED IN THE INFORMATION. MATCHED WITH FILE IN CINDYS OFFICE EH More Info Letter 06/13/2002 DONE CEW We will need septic records, satis pumpers report and plot plan showing reserve area for drainfield. 1 Application Received 05/31/2002 06/05/2002 DONE KLW RECVD 6/3 Planning Review 06/05/2002 HOLD PBC PBC pending MEP variance to stream buffer. HOLD 06/05/2002 PBC pending mep variance to stream buffer File Possession 11/21/2005 PENDING CANCELLATION SENT TO TAMI FOR SITE INSPECTION. Permit Fees Fee Type Amount Due Amount Paid No fees available for this case Total Fees: $ 0.00 $ 0.00 Amount Outstanding: $ 0.00 2 F 4ASON COUNTY SHORELINE PRE- INSPECTION APPLICATION PLEASE PRINT $44.00 Fee Re uired 1. Owner: ��'P�"S Applicant: Site Address: Applicant Address: Owner Address: City: St-Zip_ City: St_Zip Phone: 1 1 Phone: 1 1 2. Parcel No. - - Legal Description: &L 3. -Purpose of Pre-Inspection: 4. Use of Building: 5. Is there any type of water on or'adjacent to property?: saltwater lake river pond wetland seasonal runoff other stream seasonal creek _ Directions to Site: If the information is incomplete, then Mason County must disclaim any errors resulting from deficiencies in the original application. Pre-inspection reports remain valid only until development changes occur in the vicinity which affect the lot evaluated in this inspection. Applicant Signature: Date: Return application to: Department of Corpmunity Development,Planning Division P.O. Box 578 Shelton, WA 985L14 (360) 427-9670/1-t300-562-5628 Please include a $44.00 check or money order payable to Mason County Treasurer FOR OFFICE USE ONLY: Accepted by: _ Date: Please illustrate below the proposed building site in relatio;-i to water & property lines: (( I t 1 Departmental Review (For Office Use Orly) Planning Department Findings: J,00 L�o - � i 1 I S