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Home My WebLink AboutDDR2003-00123 - DDR Reports - 12/22/2003 �,N<jas�� is q.✓ �j�,-.2�..�� 51/�, � w�?�i .CJGi.Jam?.. �✓!�J�� Ft i _"Z V E MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 411 No. Fifth Street 11P.0. Box 279, Shelton WA. 98584 C Request for Reduction in the Required Front Yard Setback Applicant: Dxv' e/ A , E-,y/ye 0 Mailing Address: 1 /1, 6ax 700 City: S'ea hec k State: tL)&, — zip: Tv3go Telephone No.: 3 b 0 -2 71- f 7S-5- 6-ell) _3 (o a 63 0- e) ParceiNurnber(s):_ Z43-30 -3-o Oolm3 -Zotie-_ In your request to reduce a front yard setback standard, please state which of the following circumstances apply in your situation and illustrate these in your site plan: Gexisting lots of record as of March 5, 2002: APPROVED 2) onp. of the following: MASON COUNTY DCD PLANNING /a')/steep slopes, wetlands, or streams present L--b) soils that restrict building or septic development S!3:F PLAN REQUIRED TO BE -)N SITE c) lot width at the front yard line of no more than 50 fee(tC d) lot size of no more than one-quarter acre �ANIGES SUBJECT T'.) Wrl,�JVAL Date 1h �and well areas— Ia existing improvements of buildings, septic system 71 Explain how these circumstances preclude a proposed development from meeting the 25 foot front yard setback standard. AN ex'ig Al,v& 9 A <V24P 1-0-I.At res- /J- V/;21Z,5-1—Z'i� 4F V vety.14 Al-C V, I-Ne)-de'j_ Dc �-40e, 0-3 Signature and date MASON COUNTY DEVELOPMENT REGULATIONS September 30,2002 1.05.030 Variances 1.05.031 Purpose The purpose of this Section is to provide a means of altering the requirements of this Ordinance in specific instances where the strict application of these regulations would deprive a property of privileges enjoyed by other properties which are similarly situated, due to special features or constraints unique to the property involved. 1.05.032 Use Variances Prohibited No variance shall be granted to permit the establishment of a use otherwise prohibited within the development area in which the property concerned is located, except as provided in Section 1.05.018(B). Applications for such variances shall not be accepted for processing or review. 1.05.034 Granting of Variances Authorized A. The Board of County Commissioners shall have the authority to grant a variance from the provisions of this Ordinance when, in their opinion, the conditions set forth in Section 1.05.036 have been met. The Board shall have the authority to attach conditions to any such variance when, in their opinion, such conditions are necessary to protect the public health, safety or welfare,or to assure that the spirit of this Ordinance is maintained. B. The Administrator shall have the authority to grant a variance from the provisions of this Ordinance when the granting of such variance will result in a measurable deviation of ten (10%) percent or less from the provisions set forth in this Ordinance. In issuing such variance, the Administrator shall make a positive determination that the conditions set forth in Section 1.05.035 have been met. The Administrator shall have the authority to attach conditions to any such variance when, in his (her) opinion, such conditions are necessary to protect the public health, safety or welfare, or to assure that the spirit of this Ordinance is maintained. C. The Administrator may allow a reduction in the required front yard setback under the following circumstances: for existing lots of record as of March 5, 2002, 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-quarter acre; and existing improvements of buildings, septic systems, and well areas) preclude a proposed development from meeting the 25 foot front yard setback standard. The front yard setback shall be the minimum necessary to accommodate a reasonable development proposal, but not less than 10 feet distance from the property lin'o or any easement boundary. The Administrator shall document in the property file the rationale for said variance decision. 1.05.035 Findings Required for Approval of a Variance Before any variance is granted, the granting authority shall make a positive determination regarding each of the following factors: A. That there are special circumstances applicable to the subject property such as shape, topography, location or surroundings, which circumstances do not apply generally to other properties in the same Development Area; B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity, but because of special circumstances is denied to the property in question; C. That the granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity in which the subject property is located; and D. That the granting of the variance is in substantial harmony with the Comprehensive Plan.. MASON COUNTY DEVELOPMENT REGULATIONS September 30,2002 1.05.036 Procedural Requirements for a Variance A. Application for a variance shall be made to the Department of Community Development, on forms furnished by the County. B. Any application for a variance shall include an application fee as established by the Board. C. Variance applications decided by the Board shall require a Public Hearing, as set forth in Section 1.05.050 of this Ordinance. 1.05.050 Hearings and Notices Upon receipt of any application which requires a public hearing, the Administrator shall set the date for such hearing. The hearing date shall be established in such a manner as to allow for adequate public notice as set forth in Section 1.05.052, and shall also allow for sufficient time to allow for the Department of Community Development to review the proposal and provide a report to the Board. 1.05.052 Public Notice Requirements The following are the minimum requirements for public notice for any hearing. Any costs associated with mailings or publication required under this Section shall either be paid by the applicant directly, or reimbursed by the applicant to the County prior to the date of the public hearing. A. Notice shall be published not less than ten (10) days prior to the hearing in a newspaper of general circulation within the County, and in a newspaper of general circulation in the area where the property which is proposed to be developed is located. B. Special notice of the hearing shall be given to adjacent landowners by any other method that the Administrator deems necessary. C. If the subject property is located within the Shelton Urban Growth Area, or within one thousand (1,000) feet of said Urban Growth Area, notice of the hearing shall be provided to the Shelton City Clerk. 1.05.054 Rules of Conduct: Hearings The Board shall have the authority to establish such rules as it may deem appropriate for the conduct of the public hearing. At a minimum, the following rules shall apply: A. All testimony taken shall be sworn testimony. B. The Board shall keep and maintain a written record of all proceedings. C. Any interested party shall have the opportunity to present oral or written testimony, which shall become a part of the written record. This opportunity may be subject to such time limitations as may be imposed by the Board. D. At the conclusion of the hearing, the Board may elect to hold the record open for the purpose of soliciting additional testimony. 1.05.056 Decision and Findings Within thirty(30) days of the conclusion of the public hearing, the Board shall issue its decision. The decision shall be made in writing, and shall include findings of fact which support the decision. The Board may attach such conditions as it deems necessary to assure that the proposed development is constructed in a manner consistent with the intent of this Ordinance. Notice of the decision of the Board shall be sent to the County Assessor, the Administrator, the applicant, and to any other party who has requested receipt of such decision.