HomeMy WebLinkAboutBLD2002-00901 Hearing Patio Hot Tub Cover - BLD Letters / Memos - 2/2/2004 MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning
Mason County Bldg.1 411 N.5th Elma (360)482-5269
P.O.Box 279 Shelton,WA 98584
February 2,2004
Michael Tice TO BE KEPT IN THE
6708 Galway Drive PARCEL FILE
Edina,MN 55439
Michael and Diane Tice
4840 E.Hwy. 302
Belfair,WA 98528
R
Jim Grostick,Contractor
5940 Buckthorn Ct.NW
Olympia,WA 98502
RE: Tax Parcel Number 12228 24-00060,Hearing Examiner Decision HEX2003-00038
Enclosed,please find the Hearing Examiner Decision rendered in the matter heard November 19,
2003. You are required by law to abate the violations and pay the fines as specified. The fines
become liens if the fines are not paid as specified in the attached decision. If liens are imposed,
you could be required to sell your property to satisfy the liens. The fines imposed in this matter
total$500.00($250.00 fine per violation).
The$500.00 fine is due and payable on February 15,2004. In addition to the fine imposed,you
are required to reimburse Mason County for costs as detailed in the Decision. Costs awarded
total$446.70. This amount is due and payable on March 5,2004.
Please make checks or money orders payable to the Mason County Treasurer and remit payment
to:
Mason County Planning Department
ATTN: Code Enforcement
PO Box 279
Shelton,WA 98584
n
Please write case number HEX2003-00038 on your check or money order to ensure that you are
properly credited.
Sincerely,
Kristin French
Planner,Code Enforcement
is
OLBRECHTS 42SB379SSS 02103104 02:1Spm P. 001
710 a Ave.Suite 700
Seattle,WA 98101 The w Office of
Tel: 206-447-0646 '
Fax: 206-223-0884 Kristen Olbrechts
Fax
To: From: Kristen Olbn:chts
I
Fax: 360 427-8425 -- Pages:
Phone: 360 427-9670 ext 593 Date:
Re: CC:
❑ Urgent ❑ For Review ❑Please Comment ❑Please Reply ❑Please Recycle
e Comments:
Kristin,
Attached is the Tice Decision. I'm putting original is in the mail
Thank You,
Kristen Olbrechts
I,
u
OLBRECHTS 426SS78SSS 02t0S/04 02:1Spm P. 002
BEFORE THE HEARING EXAMINER OF
MASON COUNTY
DECISION
FILE NUMBER: HEX2003-00038
TAX PARCEL NUMBER: 12228-24-00060
PROPERTY OWNER: Michael and Diane Tice
REVIEW AUTHORITY: Mason County
TYPE OF CASE: Notice of Civil Violation
SUMMARY OF DECISION: Violation Occurred. Review Authority's
Notice of Civil Violation affirmed
INTRODUCTION
Michael and Diane Tice were sent a notice of a Notice of Violation alleging:
COUNT (1)That on or about July 25, 2002, an unpermitted, non-conforming
structure on tax parcel number 12228-24-00060 was owned, used, controlled,
maintained, or possessed by Michael and Diane Tice, in violation of Mason
County Development Code section 15.13.020,to wit:
I On July 25, 2002, Shoreline Planner Rick Mraz conducted a field inspection of tax
parcel number 12228-24-00060 pursuant to an"after the fact"permit request
(BLD2002-00901) for a hot tub cover and deck replacement. On July 25, 2002,
Mr. Mraz documented that the hot tub cover was greater than 30" in height and
located forward of the Shoreline Master Program common-line. The common-line
on parcel number 1.2228-24-00060 is an imaginary line drawn from the most water
ward portion of the roofline of one adjacent residence to the most water ward
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OLBRECHTS 42SS37SSSS 02103104 02:1Spm P. 003
portion of the roofline of the other adjacent residence. The position where this line
crosses the subject parcel serves as the setback line for the parcel. No structure
over 30" in height may project into the setback. The structure in question was
constructed absent required Mason County review and approval. The structure
does not comply with Mason County Shoreline Master Program standards. The
structure is greater than 30"above average grade and is located forward of the
common line setback required pursuant to Mason County Shoreline Master
Program section 7.16.080,Use Regulation 9. (ATT. D)
COUNT(2) That on or about July 25, 2002, an unpermitted, non-conforming
structure on tax parcel number 12228-24-00060 was owned, used, controlled,
maintained, or possessed by Michael and Diane Tice, in violation of Mason
County Development Code section 15.13.020, to wit:
On July 25, 2002, Shoreline Planner Rick Mraz conducted a field inspection of tax
parcel number 12228-24-00060 pursuant to an "after the fact" permit request
(BLD2002-00901) for a hot tub cover and deck replacement. On July 25, 2002,
Mr. Mraz documented that the hot tub cover was located in the regulated shoreline
setback/buffer area identified by Mason County Resource Ordinance section
17.01.100(D). The structure in question was constructed absent required Mason
County review and approval. The structure does not comply with Mason County
Resource Ordinance standards. The structure is located within the regulated
shoreline setback/buffer in violation of Mason County Resource Ordinance
section 17.01.100(G)(c). (ATT. D)
Kristen Olbrechts, Mason County Hearing Examiner(the Examiner),held a
hearing on November 19, 2003. Notice of the hearing was sent certified and
regular mail to the property owner.
Property Owners, Michael and Diane Tice did not appear for the hearing.
Contractor Jimmy R. Grostick appeared on their behalf.
Testimony under oath was presented by: Kristin French and Jimmy R. Grostick
EXHIBITS
Exhibit 1: Staff Report with Attachments
Attachment A: Copy of. Regulations Cited
Attachment B: Owner information, tax records
Attachment C: Site information, tax parcel map
Attachment D: Notification of Incomplete Application
Attachment E: building Permit application submitted 7/8/02
Attachment F: Case Activity notes for Building Permit application BLD 2002-
ti
00901
2
OLBRECHTS 42SS37SSBS 0210Sl04 02:1Spm P. 004
Attachment G: Inspection Notes 9/23/02
Attachment H: Letter dated 10/14/02 and certified receipts
Attachment I: Notice of Civil Violation and Notice of Hearing 10/15/03 and
certified receipts
Exhibit 2: Copy of Building Permit application submitted 7/8/02 (BLD2002-00901)
Exhibit 3: Copy of Additional Requirement letter mailed by Jenny Nickerson 7/26/02
Exhibit 4: Copy of"Notice of Continuing Violation and Pending Enforcement Action"
mailed by Jenny Nickerson 6/25/03
Exhibit 5: Copy of new site plan submitted by contractor 11/18/03
Exhibit 6: Copy of letter submitted by contractor 1 l/18/03
Exhibit 7: E-mail response received from Jenny Nickerson on 11/18/03 at 9:00am,
just prior to contractor's submittals, confirming that no requested
documents had been received.
Exhibit 8: E-mail response received from Jenny Nickerson on 11/10/03 at 12:33pm
indicating that the new site plan had been received.
ISSUES
Are the property owners in violation of: Count 1) and count 2 as outlined above?
FINDINGS OF FACT
1. The subject property (Michael and Diane Tice's property")is located at 4840 E.
HWY 302, Belfair Washington/Mason County.
2. On July 9, 2002, an "After-the-Fact" Mason County Building Permit
(BLD2002-00901) was submitted to address the construction of a "hot tub cover"
on tax parcel number 12228-24-00060. The applicant was owner Michael Tice,
with the contractor listed as Jim Grostick. (ATT. E)
3. On July 18, 2002, Shoreline Planner Scott Longanecker placed a call to the
contractor, Jim Grostick, to advise that the site plan was lacking required
information, including setback information from the side property lines, shoreline,
and other structures on the parcel. Computer notes indicate that the contractor
ired measurements and call the information into reviewing
planned to take the requ
Planner Rick Mraz. (ATT. F)
3
OLBRECHTS 4268978688 02/03/04 02:1Spm P. 006
4. On July 25, 2002, Shoreline Planner Rick Mraz conducted a field inspection of
tax parcel number 12228-24-00060 pursuant to an "after the fact"permit request
(BLD2002-00901) for a hot tub cover and deck replacement. On July 25, 2002,
Mr. Mraz documented that the hot tub cover was greater than 30"in height and
was located forward of the Shoreline Master Program common-line. (See Case
Activity Listing, Exhibitl, attachment F)
5. The common-line on parcel number 12228-24-00060 is an imaginary line drawn
from the most water ward portion of the roofline of one adjacent residence to the
most water ward portion of the roofline of the other adjacent residence. The
position where this line crosses the subject parcel serves as the setback line for the
parcel. No structure over 30" in height may project into the setback. The structure
in question was constructed absent required Mason County review and approval.
According to Mr. Mraz, the structure does not comply with Mason County
Shoreline Master Program standards. The structure is greater than 30" above
average grade and is located forward of the common line setback required pursuant
to Mason County Shoreline Master Program section 7.16.080, Use Regulation 9.
(ATT. D) (See Case Activity Listing,Exhibitl, attachment F)
6. On July 25, 2002,Mr. Mraz documented that the hot tub cover is located in the
regulated shoreline setback/buffer area identified by Mason County Resource
Ordinance section 17.01.100(D). The structure in question was constructed absent
required Mason County review and approval. The structure does not comply with
Mason County Resource Ordinance standards. The structure is located within the
regulated shoreline setback/buffer in violation of Mason County Resource
Ordinance section 17.01.100(G)(c). (ATT. D) (See Case Activity Listing,Exhibitl,
attachment F)
7. On July 26, 2002, Mr. Mraz mailed a Notification of Incomplete Application to
the owner. The Notification stated "the hot tub cover is not permittable without a
variance from the Shoreline Master Program." (ATT. D)
8. On July 26, 2002, a correction letter was sent to the Tice's from Plans Examiner
Jenny Nickerson, detailing deficiencies in the submitted materials identified during
Building Department Review.
9. On September 16, 2002, Planner Rick Mraz referred the matter to Planner
Kristin French because a Shoreline Variance application had not been received,
and no information regarding compliance efforts had been received.
10. On September 23, 2002, Ms. French attempted to conduct a site inspection.
The site was gated with no access options. (ATT. G)
11. On October 14, 2002, Ms. French mailed a letter first-class and certified to the
owner at both known addresses and also first-class and certified to the contractor.
Ms. French explained the issues, provided citations to applicable regulatory
4
OLBRECHTS 42S8S7SS88 0210S/04 02: 1Spm P. 006
language, advised of compliance options and requested that either appropriate
permit applications or a timeline for removal/relocation be submitted by November
7,2002. (ATT. H)
12. On June 26, 2003, a Notice of. Continuing Violation and Pending Enforcement
Action was mailed to owner and contractor by Plans Examiner Jenny Nickerson.
13. On October 14, 2003, Ms. French mailed a Notice of Civil Violation and
Notice of Hearing first-class and certified to the owner at both addresses and to the
contractor. (ATT. 1)
14. Shortly after the October 14, 2003 notification, Ms. French discussed this
matter with the contractor, Jimmy Grostick, via telephone. Mr. Grostick advised
that the structure had been relocated on the property and that he would submit an
updated site plan and items requested by Jenny Nickerson within a week. Neither
Ms.Nickerson nor Ms. French received any submittals.
15. In the morning of November 18, 2003, neither Ms. French nor Ms. Nickerson
had received submittals from the owners or the contractor. Later the same
morning, the contractor, Mr. Grostick., bought in a revised site plan. According to
Ms. French, based on the revised site plan the hot tub cover in question had been
relocated to a location behind the common line and the building permit would now
be able to be reviewed and processed.
16. Mr. Grostick told Ms. French that the structure was removed back in April
2003, the county, however, was not provided this information. The site is gated
and Ms. French was unable to view it from a neighboring property.
17. Jimmy Grostick testified that he is the Tice's contractor. Mr. Grostick
testified that the structure had in fact been removed and relocated to a location
behind the common line. He provided that information to Mason County
November 18, 2003.
CONCLUSIONS OF LAW
Mason County brings this action as a civil regulatory order authorized by MCC
15.13,030. The Hearing Examiner has the authority and jurisdiction to issue a
decision on civil regulatory orders as provided in MCC 15.13.045.
15.1.3.050
(A)Authority. A person who violates any provision of the Development Code,
or who fails to obtain any necessary permit, who fails to comply with the
conditions of a permit, or who fails to comply with a notice of civil
violation shall be subject to a civil fine.
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OLBRECHTS 42SS97SSSS 02/03/04 02:1Spm P. 007
(B)Amount. The civil fine assessed shall not exceed one thousand dollars
($1,000.00) for each violation, except where the hearings examiner is
authorized under this ordinance to double the fine. Each separate day,
event, action or occurrence shall constitute a separate violation.
15.13.045 (D) (3) (c) The Hearing Examiner may double the civil fine schedule if
the violation was a repeat violation of the person has previously violations of the
applicable codes, regulations, or ordinances. In determining the amount of the
civil fine for repeat violations the Hearing Examiner shall consider the factors set
forth in subsection(D) (3) (b)
15.13.045 (D) (3) (b) In determining the civil fine assessment, the Hearing
Examiner shall consider the following factors:
i. Whether the person responded to staff attempts to contact the
person and cooperated with efforts to correct the violation:
ii. Whether the person failed to appear at the hearing;
iii. Whether the violation was a repeat violation or if the person
previously violated the applicable codes, regulations, and
ordinances;
iv. Whether the person showed due diligence and/or substantial
progress in correcting the violation;
V. Whether a genuine code interpretation issue exists; and
vi. Any other relevant factors
COUNT
COUNT (1) That on or about July 25, 2002, an unpermitted,non-conforming
structure on tax parcel number 12228-24-00060 was owned, used, controlled,
maintained, or possessed by Michael and Diane Tice, in violation of.Mason
County Development Code section 15.13.020,to wit:
On July 25, 2002, Shoreline Planner Rick Mraz conducted a field inspection of tax
parcel number 12228-24-00060 pursuant to an"after the fact"permit request
(BLD2002-00901) for a hot tub cover and deck replacement. On July 25, 2002,
Mr. Mraz documented that the hot tub cover is greater than 30"in height and is
located forward of the Shoreline Master Program common-line. The common-line
on parcel number 12228-24-00060 is an imaginary line drawn from the most water
ward portion of the roofline of one adjacent residence to the most water ward
portion of the roofline of the other adjacent residence. The position where this line
crosses the subject parcel serves as the setback line for the parcel. No structure
over 30" in height may project into the setback. The structure in question was
constructed absent required Mason County review and approval. The structure
does not comply with Mason County Shoreline Master Program standards. The
structure is greater than 30" above average grade and is located forward of the
6
OLBRECHTS 42SB87SSSS 02/03/04 02: 1Spm P. 008
common line setback required pursuant to Mason County Shoreline Master
Program section 7.16.080,Use Regulation 9. (ATT. D)
Based on the testimony and the evidence submitted, the hearing examiner finds
that Michael and Diane Tice violated this provision.
COUNT (2) That on or about July 25, 2002, an unpermitted,non-conforming
structure on tax parcel number 12228-24-00060 was owned, used, controlled,
maintained, or possessed by Michael and Diane Tice, in violation of Mason
County Development Code section 15.13.020, to wit:
On July 25, 2002, Shoreline Planner Rick Mraz conducted a field inspection of tax
parcel number 12228-24-00060 pursuant to an"after the fact"permit request
(BLD2002-00901) for a hot tub cover and deck replacement. On July 25, 2002,
Rick documented that the hot tub cover is located in the regulated shoreline
setback/buffer area identified by Mason County Resource Ordinance section
17.01.100(D). The structure in question was constructed absent required Mason
County review and approval. The structure does not comply with Mason County
Resource Ordinance standards. The structure is located within the regulated
shoreline setback/buffer in violation of Mason County Resource Ordinance
section 17.01.100(G)(c). (ATT. D)
Based on the testimony and the evidence submitted, the hearing examiner finds
that Michael and Diane Tice violated this provision.
DECISION
Based upon the preceding Findings of Fact and Conclusions of Law, the hearing
examiner affirms Notice of Civil Violation HEX2003-00038 on tax parcel number
12228-24-00060 and finds the Michael and Diane Tice in violation of Counts 1
and 2. The Examiner finds that based on the testimony and evidence presented
that the hot tub cover in question has recently been relocated to a location behind
the common line and the building permit will now be able to be reviewed and
processed. The Examiner orders Michael and Diane Tice to come into compliance,
if they have not already done so, and correct and abate all the violations identified
in the Notice of Violation of this action, said Notice dated October 15, 2003. All
corrections and abatements shall be completed by February 28, 2004.
7
OLBRECHTS 42SES73688 02/03/04 02:1Spm P. 009
The hearing examiner imposes a $500.00 fine, (a $250.00 fine on each violation)
due with in ten days.
Total Fine: $500.00
Michael and Diane Tice shall reimburse Mason County within thirty days of for
costs reflecting actual hours spent on this case and hearing examiner cost.
1. Notice of Civil Violation/Staff Report
4 hours
$52.30/hr $209.20
2. Consultation with attorney Darren Nienaber
'/2 hour
$75.00/hr $ 37.50
3. Hearing Examiner Expense $200.00
Total Costs: $446.70
The Examiner retains .jurisdiction over this matter to clarify and/or modify the
terms of these correction requirements until the violations are corrected or the
County seeks a separate enforcement action to enforce the terms of this decision.
Decision issued on the day of_ =q, 2004.
Kristen 01 rechts, Hearing Examiner
NOTICE OF RIGHT OF RECONSIDERATION AND APPEAL
Appeal to Superior Court. An appeal of the decision of the Hearing Examiner
must be filed with Superior Court within twenty-one calendar days, as required by
the Land Use Petition Act, Chapter 36.70C RCW.
8
Exhibit List(Tice, 12228-24-00060,HEX2003-00038)
Exhibit#1 - Staff Report with Attachments
A- Copy of Regulations Cited
B- Owner information,tax records
C- Site information,tax parcel map
D- Notification of Incomplete Application
E- Building Permit application submitted 7/8/02
F- Case Activity notes for Building Permit application BLD2002-00901
G- Inspection notes 9/23/02
H- Letter Dated 10/14/02 and certified receipts
I- Notice of Civil Violation and Notice of Hearing 10/15/03 and certified
receipts
Exhibit#2 - Copy of Building Permit application submitted 7/8/02(BLD2002-00901)
Exhibit#3 - Copy of Additional Requirement letter mailed by Jenny Nickerson 7/26/02
Exhibit#4- Copy of"Notice of Continuing Violation and Pending Enforcement
Action"mailed by Jenny Nickerson 6/25/03
Exhibit#5 - Copy of new site plan submitted by contractor 11/18/03
Exhibit#6 - Copy of letter submitted by contractor 11/18/03
Exhibit#7- E-mail response received from Jenny Nickerson on 11/18/03 at 9:00 am,
just prior to contractor's submittals,confirming that no requested
documents had been received.
Exhibit#8 - E-mail response received from Jenny Nickerson on 11/18/03 at 12:33 pm;"
indicating that the new site plan had been received.
i
MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning Elma (360) 482-5269
Mason County Bldg.1 411 N.5th
P.O.Box 279 Shelton,WA 98584
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
ADVISORY REPORT
FINDINGS,CONCLUSIONS,AND RECOMMENDATIONS
To: Kristen Olbrechts,Hearing Examiner
From:
Kristin French
Code Enforcement Planner
Date: November 12,2003
File: Michael and Diane Tice
12228-24-00060
HEX2003-00038
Hearing
Information: November 19, 2003, at 11:00 am
Mason County Building One
Commissioners' Chambers
411 N. 5th
Shelton,WA 98584
I. INTRODUCTION
A. Defendant Information
1. Defendant(s): Michael and Diane Tice(ATT.B)
2. Site Location: Tax Parcel Number 12228-24-00060,Mason County,
Washington. (ATT. C)
B. Violations(as detailed in NOTICE OF CIVIL VIOLATION): Highlighted
text references the applicable law. Citations are to text"as adopted,"with
copies of the applicable text attached following this Staff Report. Mason
County Lead Planner Rick Mraz will provide testimony regarding the specific
location of the hot-tub cover in relation to the common-line that he established
during his inspection of the property(in conjunction with after-the-fact
Building Permit application BLD2002-00901,inspection date: July 25,2002).
(ATT. D) I have not obtained access to the gated property.
Pagel of 5
COUNT (1)That on or about July 25,2002, an unpermitted,non-conforming structure on
tax parcel number 12228-24-00060 was owned,used, controlled,maintained,or
possessed by Michael and Diane Tice,in violation of Mason County Development
Code section 15.13.020,to wit:
On July 25, 2002, Shoreline Planner Rick Mraz conducted a field inspection of tax parcel
number 12228-24-00060 pursuant to an"after the fact"permit request(BLD2002-00901)
for a hot tub cover and deck replacement. On July 25,2002,Rick documented that the
hot tub cover is greater than 30"in height and is located forward of the Shoreline Master
Program common-line. The common-line on parcel number 12228-24-00060 is an
imaginary line drawn from the most waterward portion of the roofline of one adjacent
residence to the most waterward portion of the roofline of the other adjacent residence.
The position where this line crosses the subject parcel serves as the setback line for the
parcel. No structure over 30"in height may project into the setback. The structure in
question was constructed absent required Mason County review and approval. The
structure does not comply with Mason County Shoreline Master Program standards. The
structure is greater than 30"above average grade and is located forward of the common
line setback required pursuant to Mason County Shoreline Master Program section
7.16.080,Use Regulation 9. (ATT.D)
COUNT(2)That on or about July 25, 2002, an unpermitted,non-conforming structure on
tax parcel number 12228-24-00060 was owned,used,controlled,maintained,or
possessed by Michael and Diane Tice,in violation of Mason County Development
Code section 15.13.020,to wit:
On July 25,2002, Shoreline Planner Rick Mraz conducted a field inspection of tax parcel
number 12228-24-00060 pursuant to an"after the fact"permit request(BLD2002-00901)
for a hot tub cover and deck replacement. On July 25,2002,Rick documented that the
hot tub cover is located in the regulated shoreline setback/buffer area identified by Mason
County Resource Ordinance section 17.01.100(D). The structure in question was
constructed absent required Mason County review and approval. The structure does not
comply with Mason County Resource Ordinance standards. The structure is located
within the regulated shoreline setback/buffer in violation of Mason County Resource
Ordinance section 17.01.100(G)(c). (ATT.D)
C. Compliance Requirements
Based on the statements of Fact and Attachments in this report,the County
recommends that Michael and Diane Tice, owners of tax parcel number
12228-24-00060, achieve compliance with the Mason County Resource
Ordinance by completing the requirements that follow.
Immediately remove the entire hot-tub cover structure from any location waterward of
the established common-line. Photo documentation and a written statement confirming
removal must be received by November 17,2003 if you wish to have the hearing
it
Page 2 of 5
IYM PI�I.IW
canceled. If the structure is to be relocated,provide a revised site plan and obtain
required permit approval, including a Mason County Building Permit.
II. FINDINGS OF FACT AND CONCLUSIONS
A. Case Chronology
1. On July 9,2002,an"After-the-Fact"Mason County Building Permit
(BLD2002-00901)was submitted to address the construction of a"hot
tub cover"on tax parcel number 12228-24-00060. The applicant was
owner Michael Tice,with the contractor listed as Jim Grostick. (ATT.
E)
2. On July 18,2002, Shoreline Planner Scott Longanecker placed a call
to the contractor to advise that the site plan was lacking required
information,including setback information from the side property
lines,shoreline,and other structures on the parcel. Computer notes
indicate that the contractor planned to take the required measurements
and call the information into reviewing Planner Rick Mraz. (ATT.F)
3. On July 25,2002, a site inspection was conducted by Senior Planner
Rick Mraz.
4. On July 26,200a Rick mailed a Notification of Incomplete
Application to the owner. The Notification stated that"the hot tub
cover is not permittable without a variance from the Shoreline Master
Program."(ATT.D)
5. On July 26, 2002, a correction letter was sent by Plans Examiner Jenny
Nickerson,detailing deficiencies in the submitted materials identified
during Building Department Review.
6. On September 16,2002,Planner Rick Mraz referred the matter to me.
A Shoreline Variance application had not been received, and no
information regarding compliance efforts had been received.
7. On September 23, 2002,I attempted to conduct a site inspection. The
site was gated with no access options. (ATT. G)
8. On October 14, 2002, I mailed a letter first-class and certified to the
owner at both known addresses and also first-class and certified to the
contractor. I explained the issues,provided citations to applicable
regulatory language, advised of compliance options and requested that
either appropriate permit applications or a timeline for
removal/relocation be submitted by November 7,2002. (ATT.IT)
9. On June 26, 2003, a Notice of Continuing Violation and Pending
Enforcement Action was mailed to owner and contractor by Plans
Examiner Jenny Nickerson.
10. On October 14,2003, I mailed a Notice of Civil Violation and Notice
of Hearing first-class and certified to the owner at both N addresses
and to the contractor. (ATT.I)
11. I discussed this matter with the contractor via telephone. He advised
that the structure had been relocated on the property and that he would
'� Page 3 of 5
submit an updated site plan and items requested by Jenny Nickerson
approximately within a week. No submittals have been received by
Jenny Nickerson or myself as of November 12,2003.
III. RECOMMENDATION
The County requests that a fine amount of$2,000 be imposed($1,000
per count for two counts,in accordance with Mason County
Development Code section 15.13.050),with$500 per count($1,000
total)to be suspended if compliance is achieved as requested above.
The County recommends that$1,000 become due and payable within
thirty(30)days of service of the Hearing Examiner's Final Decision
and Order. The County recommends that the remaining$1,000
become fully due and payable within sixty(60)days of service of the
Hearing Examiner's Final Decision and Order if complete compliance
has not been achieved.
The County recommends that the defendant be found responsible for
costs incurred by the County in pursuing this matter and for the cost of
the Hearing Examiner's involvement in this matter. The County
recommends that the costs itemized below become fully due and
payable within thirty(30)days of service of the Hearing Examiner's
Final Decision and Order. The County is providing the following
itemized account of the expenses incurred as required by section
15.13.055:
1. Notice of Civil Violation/StaffReport
4 hours
$52.30/hr $209.20
2. Consultation with attorney Darren Nienaber
hour
$75.00/hr $ 37.50
4. Hearing Examiner Expense $200.00
II�
TOTAL: $446.70
Signed ��� Dated
I
Title/Authority
Page 4 of 5
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Page 5 of 5
ATTACHMENT
A
Chapter 7.16.080
Residential Development
Definition
The development of land or construction or placement of dwelling units for the purpose of
This chapter shall apply to all single family and multi-family dwellings,and any other accessory
structure,including decks,garages and fences.
Although a Substantial Development Permit is not required for constriction on wetlands by an
owner,lessee or contract purchaser of a single family residence for his own use or the use of his
family,such construction and all normal appurtenant structures must otherwise conform to this
Master Program. Construction greater than 35 feet high requires a Substantial Development
Permit.
Policies
1. Over-water residential development should not be permitted
2. Sewage disposal facilities,as well as water supply facilities,should be provided in accordance
with appropriate state and local health regulations. Storm drainage facilities should be separated,
not combined with sewage disposal systems.
3. Residential development in geologically hazardous areas or in areas subject to flooding should
not be permitted
4. Residential development in shoreline areas should be designed to preserve natural drainage
courses.
5. Subdivisions should maintain usable waterfront areas for the common use of all property
owners within the development.
6. Residential development on shorelines and wetlands should be planned with minimum adverse
environmental and visual impact. Structures should be designed and located to not significantly
block views of adjacent residences.
7. Residential.developments created after the effective date of this program should provide
adequate common access to the shoreline and open space along the shoreline for all residents of
the development. The access and open space should be of adequate size to provide for recreation
land to ensure against interference with adjacent properties.
8. A-variety of housing types on land should be encouraged,provided that they are consistent
with the environment designation criteria.
9. Residential structures should be located to minimize obstruction of views-of the water from
upland areas. The intent of this policy is to encourage the-retention of views in and through new
residential developments. This policy is not intended to prohibit residential development of a
shoreline lot simply because it,may impact or eliminate views from upland property.
10.-Residential development-along shorelines should be designed and sited to.make shoreline
protection measures unnecessary.
.11. New residential development should be encouraged to cluster dwelling units in order to
preserve natural features,minimize physical and visual impacts and reduce utility and road costs.
12. The overall density of development,lot coverage and height of structures should be
appropriate to the physical capabilities of the site. Particular attention should be given to the
preservation of water quality and shoreline aesthetic characteristics. Density should be consistent
with density provisions of local plans,codes,and ordinances.
Use Regulations
MASON COUNTY SHORELINE MASTER PROGRAM April 2003 30
1
1. Residential development over the water is prohibited.
2. "Submerged lands"(biological wetlands and those lands waterward of the ordinary high water)
within the boundaries of any waterfivot parcel shall not be used to compute required lot area,lot
dimensions and required yards. Portions of land lying within marshes,bogs and swamps may be
included as open space.
_3.--Subdivision-proposa}s-shallidentify areasof naturWrvegetation,s-to mwaterreton-tion-and---
erosion control measures.
4. Landfill for residential development which results in the creation of new dry land waterward of
OHWM or in biological wetlands is prohibited. Fill necessary for a normal erosion control
bulkhead is exempt. Land.fill in biological wetlands(excluding bogs,marshes,swarms,marine
and estuarine shore)may be permitted. Such filling may be considered as a Conditional Use
PROVIDED the applicant can demonstrate the following. (1)Extraordinary or unique
cm+cumstances relating to the property exist which require the proposed shoreline location;and(2)
No viable alternative using a different method or structur-al solution exists.
5. Landfilling in flood hazard areas other than a floodway is allowed only for flood protection of
a structure(s). .
6. Storm drainage facilities shall be separate from sewage disposal transport facilities and include
provisions to prevent uncontrolled and unheated direct entry of surface water runoff into receiving
waters. Storm drainage facilities shall include,but not be restricted to vegetated swales,retention
ponds and artificial and natural wetlands PROVIDED no adverse impacts to the receiving
wetlands would occur and shall be subject to Mason County approval.
T. Subdivision developments and planned unit developments shall provide areas sufficient to
ensure usable access to and along the shoreline area for all residents of the development except
where the shoreline topography does not permit the same.
8. in order to preserve aesthetic characteristics,no fence or wall shall-be erected,placed or altered.
nearer to the water than the building setback line,unless it is under 30 inches in height.
9. Each shoreline environment has a setback requirement for structures from the ordinary high
water mark. (See chart at and of this section.) Uncovered porches,decks or steps may project into
the required setback area,provided such structures are no higher than 30 inches above average
grade excluding railings required for reasons of public safety. The setback m each environment
may be increased or decreased by the Administrator in the following ways:
a) Increas -tback ENuinments. The-setbacks maybe increased if the building area or
setback area has a slope greater than.40 pa=4.severe instability,or the average setback of the
two adjacent residences is greater than the setback requirement for that environment. In such
cases,the setback shall be determined by drawing an imaginary line between the roof lines of
adjacent residences;PROVIDED the minimum distance required by reason of slope or instability
shall be required. Uthere is no residence on an adjacent lot,the next lot with a residence will be
considered,up to 150 feet away. If there is no adjacent residence within 150 feet,the minimum
default setback shall be assumed on that sidle of the proposed residence. In the Urban
Environment,a residence setback over 120 feet from the line of ordinary high water will not be
considered in determining the setback and the default setback will be used at 15 feet.
In cases of a pronounced curved shoreline or point,the setback shall be established by
determining proportionate setback distances from the OHWM of adjacent residences.
Setback for any structure greater than 30 inches above average grade shall be behind this
common line(see figure).
b. Decreased Setback Requirements. The setback may be relaxed PROVIDED that at least
one existing residence adjacent(within 50 feet)to the proposed structure infringes on the setback.
In such cases,the setback shall be determined in the same manner described under"Increased
Setback Requirement"where applicable. This shall not be construed to allow residential
MASON COUNTY SHORELINE MASTER PROGRAM AprU 2003 31
development over water or to allow a reduction of the default setback in uses of pronounced cove
or indented shoreline. Setback relaxation is subject to approval by the Shoreline Administrator
(see illustration).
Furdieher deviation from setback requuranents shall require a Variance.
10. Clustering of residential dwellings in all environments except Natural is allowed. The
us"%U"W us the an 011V In t�enfiffidvo -
units which results from multiplying the total acres(minus submerged lands)in the shoreline area
by the density allowed in the specific environment.
1 L. Proposed residential developments adjacent to a water body supporting aquaeulture
operations shall-install drainage;and storm water treatment measures facilities to prevent any -
adverse impact to aquaculture operations. Such measures shall include but not be restricted to
vegetated swales,retention ponds and use of artificial or natural wetlands PROVIDED no adverse
impacts to the receiving wetlands would occur.Measures-utilized shall be subject to Mason
County approval.
12: Multi-family residences are permitted in the Urban environment,subject to-a maximum
projected output of 1.5.70 gallons of sewage per acre per day.
13. Ifmarshes,bogs,swamps or other fragile features are located on a development site,'
clustering of residential units shall be required in order.to.avoid any development in such areas.
44. Storm drainage facilities shall be required by the County for residential development projects
excluding a single family residence. Facilities shall include but not be restricted to vegetated
swales,retention ponds and use of artificial or natural wetlands PROVIDED no adverse impacts to
the receiving wetlands would occur and are subject to Mason County approval.
15. Lots created prior to the adoption of this ordinance which do not meet the minimum lot size
may be used for a single family residence when all of the following criteria can be met:
(a) A permit for an on-site,disposal system which meets all current codes for setbacks and
sizing,has been granted by the Euvironmerrtal Health Section.
(b). All side yard and shore yard setbacks can be met.
Exceptions from these criteria would require a Variance Permit.
16. Only one dock or pier is—permitted.in•a new subdivision,planned unit development,or short
plat,when lot frontages on the shoreline do not exceed an average of 150 feet. Prior to plat
approval,a usable area with access shall be set aside for the per or dock,unless no suitable area
exists'
17. .Construction of new dwellings shall be required to comply with current sewage system
setback and design standards as per WAC 248-96.
18. Expension of existing dwellings shall require strict compliance with current sewage system
setback and design standards as per WAC 248-96..
19. Normal maintenance and repair of non-conforming structures shall be allowed,provided no-
material expansion is involved.
20.- Residential development is prohibited within a floodway.
21. ..Residential developers and individuals.shall.be required to control erosion during
construction. Removal of vegetation should be minimized and any areas disturbed should be
restored to prevent erosion and other enviromne ntal impacts.
22. Waste materials from construction shall not be left on or adjacent to shorelines.
23. Kokanee area only—No building on slopes greater than 20%will be allowed.(See page 57)
MASON COUNTY SHORELINE MASTER PROGRAM April 2003 32
i
ACCESSORY LIVING QUARTERS
DEFINITION
resm�vv tc`�i ci5nt-Tess--_
habitable area than the primary residence.
POLICY
Accessory living quarters for the use of guests,employees or immediate family members should be
allowed as a Substantial Development,when minimal impact would occur to the surrounding area
The cumulative impact of like structures on neighboring properties must be considered.
USE REGULATIONS
Accessory living quarters may be allowed subject to meeting the following criteria:
1. Only one accessory living quarter per lot. In an Urban environment,a lot must be 1-U2 the
size required for a single family residence which totals 18,750-square feet.
2. Strict compliance with current sewage setback and design standards as per WAC 248 76-090.
I. Minimal impact on surrounding properties from view blockage,*traffic,parking and drainage.
4. Compliance with setback criteria set forth in the Table on Page 35.
5. Accessory living quarters shall require a Substantial Development and shall not exceed 1,000
square feet.
f _
l
l
I -
i
E _
„I
1
t
E
MASON COUNTY SHORELINE MASTER PROGRAM Apra 2003 33
existing
House
Proposed
House
Existing �—
House , �—
f
Imaginary Line Used To
Determine Setback
Shoreline (A.H.M.)
-Existing
House
Proposed Vacant Vacant
House
%LM
i Imaginary Line Used T
Determine Setback
15'Imagin
hor Setback
y
MASON COUNTY SHORELINE MASTER PROGRAM April 2003 34
a
RESIDENTIAL DEVELOPMENT
REGULATION URBAN RURAL CONSERVANCY NATURAL
1. Shore setbacks,in feet
— ---__ rmn_OH -0r fi%mt of bulkhead Sid®yard setbaeks steal}
a. Single family,duplex 15 25 50 X
b. Multi-family structures
less than 35'high 30 50 NA X.
C.-Multi-family structures
over 35'high 50 100 NA X
2. Side yard setbacks(in feet)
a. Single family,duplex 5 10 25 X
b. Multi-family structures
less than 35'high 20 20 X X
C. Multi-family structures
more than 35'high 30 30 X X
3. Height limits in feet
a. 049 feet from OHWM 35 30 25 X
b. 50-100 feet from OHWM 45- 40 30 X
4. Site coverage-for*
a. Single family,duplex 60% 50% 15% X
b. Multi-family structures - 40'/ 40% 15% X
*S'ite coverage shall include all impermeable surfaces.
5. Minimum lot size 12,500 SF 20,000 SF 5 acres** X
(per residential unit)
Primary residence and accessory structure 18,750 SF 20,000 SF 5 acres** X
(one per lot maximum)
Duplex 1,570*** 785*** 5 acres X
Mufti-family 1,570*** 785*** N/A N/A
** One residential unit is allowed per 200 lineal feet in the shoreline jurisdiction area.
*** Maximum gallons ofsewageper acre
6.Minimum lot width 50' 100' 200'
measures at OHWM and at building setback
X=Prohibited
MASON COUNTY SHORELINE MASTER PROGRAM AprU 2003 35
17.01.110 FISH AND WILDLIFE HABITAT CONSERVATION AREAS
A. PURPOSE.
Fish and wildlife habitat conservation means land management for maintaining species in suitable
habitats within their natural geographic distribution so that isolated populations are not created.
This does not mean maintaining all individuals of all species at all times,but' - -
intergovernmental cooperation and coordination is critically important in a region. In some cases,
it is sufficient to assure that a species will usually be found in certain regions across the state. The
provisions for the protection of habitat contained in this section can not succeed in their purpose of
supporting viable populations of fish and wildlife species unless other agencies and the public also
act to protect the species. In the case of anadromous fish,the Statewide Salmon Recovery
Strategy identifies that it will take a balanced approach to addressing the factors of decline that are
within human control, including harvest, hatchery, habitat,and hydropower.The underlying
assumption within this section is that impacts to anadromous fish or their habitat or to fish and
wildlife conservation areas shall be avoided or mitigated as detailed in an approved Habitat
Management Plan as described in Section 17.01.110.J. The intent of this Section is to:
1. Protect critical habitat features to support genetically viable populations of fish and wildlife
species and allow for commercial and non-commercial uses;
2. Protect the biological, physical,and chemical components of water quality for the benefit
of aquatic and terrestrial resources,as well as human consumptive uses;
3. Ensure that natural stream and marine shoreline functions such as flow patterns,
production of sediment and large woody debris are maintained with minimal interference
or impact to private property;
4. Protect habitat for federal or state listed endangered,threatened or sensitive fish and
wildlife.
5. Encourage non-regulatory methods of habitat retention whenever practical,through
education,and the Open Space Tax Program.
6. To supplement the Shorelines Master Plan for Mason County to preserve and protect
critical fish and wildlife habitat pursuant to(WAC 365-190-080(5)). It is the intent that this
ordinance will compliment and supplement the Shorelines Master Plan.
7. To implement the Mason County Comprehensive Plan and to achieve these purposes
consistent with the Comprehensive Plan.
B. FISH AND WILDLIFE HABITAT CONSERVATION AREA CATEGORIES.
Fish and wildlife habitat conservation areas include both aquatic and terrestrial areas within Mason
County. The approximate location and extent of critical fish and wildlife habitat areas are
displayed in the Washington Department of Fish&Wildlife's (WDFW) Priority Habitat and Species
(PHS) Program database. Mason County will also use other available information for these critical
fish and wildlife habitat areas, including tribal and federal databases and local knowledge.The
following categories shall be used in classifying critical areas to be regulated under this ordinance:
1. Commercial and recreational shellfish areas.
2. Kelp and eelgrass beds; herring,sand lance, and smelt spawning areas.
3. Naturally occurring lakes and ponds under twenty acres and their submerged aquatic beds
that provide fish or wildlife habitat.
4. Streams.
5. Saltwater Shorelines, and Lakes 20 Acres and Greater in Surface Area.
6. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal
Mason County Resource Ordinance 53 Revised 5101103
entity.
7. State Department of Natural Resources natural area preserves and natural resource
conservation areas.
8 Areas with which Federal or State endangered,threatened and sensitive species of fish
and wildlife have a primary association.Those species known to be found in Mason
County are listed in Table 1. Protection of species habitats is determined by the State or
Federal listing,and their actual presence near the site subject to review.Other listed and
protected species may be found in Mason County,which are not in Table 1.
9. Areas that contain habitats and species of local importance as listed in Table 1 below.
Monitor species.
Table 1. Species of Importance that may occur in Mason County
Scientific Name State Stat -q
Fish
Bull Trout Salvelinus confluentis Candidate Threatened
Puget Sound Chinook Onchorynchus tshawytscha Candidate Threatened
Hood Canal Summer Onchorynchus keta Candidate Threatened
Chum
Dolly Varden Salvelinus ma/ma none none
phiblans
Western Pond Turtle Clemmys maramorata Endangered Species of Concern
Cascade Frog Rana cascadae none Species of Concern
Van Dyke's salamander Plethodon vandykei Species of Concern Species of Concern
Tailed Frog Ascaphus truei Monitor Species of Concern
Olympic Torrent Ryacon ton olympicus Monitor none
salamander
Mollusks
Newcomb's littorine snail Algamorda newcombiana Species of ConcernSpecies of Concern
Blnds
Marbled Murrelet Brachyramphus marmoratus Threatened Threatened
Bald Eagle Haliaetus leucocephalus Threatened Threatened
Northern Spotted Owl Stridex occidentalis Endangered Threatened
Northern Goshawk Accipitergentilis Candidate Species of Concern
Peregrine Falcon Falco peregrinus Endangered Species of Concern
Pileated Woodpecker Drycopus pileatus Candidate none
Common Loon Gavia immer Sensitive none
Harlequin Duck Histrionicus histrionicus none Species of Concern
Brandt's Cormorant Phalacrocorax penicillatus Candidate none
Olive-sided Flycatcher Contopus boreaus none Species of Concern
R Golden Eagle Aquilla chrysaetos Candidate none
Mason County Resource Ordinance 54 Revised 5101103
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2. The following are special provisions for buffers and setbacks on lots created prior to
December 5, 1996,and which are located on a Type 1 water that is a saltwater or is a
freshwater lake. As stated in the Table 3,there shall be a standard 100 foot buffer for a
total of 100 feet as measured from the ordinary high water mark(OHWM). Provided,
however,that in the following.circumstances,these special provisions apply instead of the
standard buffer and setback requirement.
ot ---------------------------------------
Applications for single-faov
mily residential construction and meeting the following
sub.conditions shall have buffers and setbacks as described below:
1) Where existing residences are on both sides of and within 150 feet of the lot line
of the subject lot,and no more than 200 feet from the shoreline OHWM,the
setback on the subject lot is determined by an imaginary common line drawn
across the subject lot which connects the shore-side roof lines of the first adjacent
existing residences. (See Figure 1).The common line set back may be more or
less than 100 feet from the OHWM, provided, however,that:
(a) the buffer shall not be less than 20 feet in width from the OHWM and a
minimum setback from the edge of the buffer is 15 feet;and
(b) there shall be a maximum buffer of 100 feet from the OHWM with the balance
of the setback established by the common line to be a building setback area.
2) Where an existing residence is on one side of and within 150 feet of the lot line of
the subject lot,and no more than 200 feet from the shoreline OHWM,the setback
on the subject lot is determined by an imaginary common line drawn from the
shore-side roof line of the existing residence and across the subject lot to a point
which is 100 feet from the OHWM along the far lot line of the subject lot. (See
Figure 2).The common line set back may be more or less than 100 feet from the
OHWM, provided, however,that:
(a) the buffer shall not be less than 20 feet in width from the OHWM and a
minimum setback from the edge of the buffer is 15 feet;and
(b) there shall be a maximum buffer of 100 feet from the OHWM with the
balance of the setback established by the common line to be a building
setback area.
3) As used in this section,a"residence"refers to the principal dwelling/residential
structure and does not include outbuildings or other structures.
4) When applying 1)above, if the shoreline has a high degree of curvature,the
Administrator may use the average set back from OHWM of the two existing
residences rather than the imaginary line between the rooflines in order to
establish the common line setback. When applying 2)above, if the shoreline has
a high degree of curvature,the Administrator may use the average of the set,back
from OHWM of the existing residence and the 100 foot setback, rather than the
imaginary line between the roofline and the 100 foot setback, in order to establish
the common line setback.
b. Special provision for water-dependent uses on existing lots.
Applications for development defined as water-dependent uses shall provide the
standard 100 foot buffer along as much of the shoreline as possible while making
the minimum necessary adjustments to the buffer to provide for the water-
dependent use, as determined by the Director. Such development shall meet the
requirements of other applicable regulations, including other Resource Ordinance
sections and the Mason County Shoreline Master Program.
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Mason County Resource Ordinance 56 Revised 5101103
f
Table 3. Fish&Wildlife Habitat Conservation Area Development Standards.
Habitat Type Buffer Building Setback from Buffer
Type 1 Stream 150 feet 15 feet
Type 2 Stream 150 feet 15 feet
Type 3 Stream 150 feet 15 feet
ype 5.Stream 75 feet 15 feet
Type 1 Saltwater and Lake* 100 feet 0 feet
Excluding Conservancy Shorelines
Conservancy Shorelines**,Type 1 100 feet 15 feet
Saltwater and Lake
*Type 1 lakes are lakes over 20 acres.All saltwater shorelines are Type 1.
**Conservancy Shorelines are those shorelines designated as Conservancy Shoreline
Environment in the Mason County Shoreline Master Program.
3. Provision for Decreasing Buffer
For major new development, Mason County may decrease the buffer after consultation
with the Washington State Department of Fish and Wildlife and the Skokomish Tribe,the
Quinault Tribe and/or the Squaxin Island Tribe,after review and approval of a Habitat
Management Plan,and after a public hearing.
4. Provision for Increasing Buffer
Mason County may increase the buffer width on a case-by-case basis,after a public
hearing,as provided in subsection 17.01.120.L.,when a larger buffer is necessary to
protect the structure,function and value of Fish&Wildlife Habitat Conservation Areas.
The buffer shall be increased or other protections shall be provided in order to prevent a
significant adverse environmental impact by a proposed project on those functions and
values.This determination shall be supported by appropriate documentation to be
obtained in consultation with the state of Washington and the Skokomish Tribe,Quinault
Tribe and/or the Squaxin Island Tribe. Such determination shall be attached as a permit
condition and shall demonstrate that:
a. A larger buffer is necessary to maintain viable populations or critical habitat of
endangered,threatened,or sensitive species;or
b. The adjacent land is susceptible to severe erosion and erosion control measures
will not effectively prevent adverse impacts to the FWHCA;or
C. If the FWHCA contains variations in sensitivity, increasing the vegetation area
widths will only be done as necessary to preserve the structure,function and
value of the FWHCA.
d. If the increase in buffer is based on the upland area feeding substantial material
I to the net-shore drift system,as identified in the Mason County Shoreline
Inventory Report,June 12, 1995.,that the larger buffer is necessary in
maintenance of that system and the functions and values of the FWHCA.The
increase shall approximate the bluff erosion distance having occurred over the
past 50 years, based on best available information.
E. STEWARDSHIP OPTIONS AND INCENTIVES
The purpose of this subsection is to encourage property owners to protect critical areas and their
buffers and to reduce the burden on property owners from the application of the Resource
i
s
Mason County Resource Ordinance 57 Revised 5101103
[Great Blue Heron ea herodias Monitor none
erlin Fa/co co/umbarrus Candidate None
rple Martin Progne subis Candidate None
estern Bluebird Siaiia mexicana Monitor None
aux's Swift Chateura vauxi Candidate None
Mammals
Gray Wolf Canis iupis Endangered [Endangered
Pacific Fisher Manes pennanti Endangered pecies of Concern
Townsend's big-eared bat Piecotus townsendii Candidate pecies of Concern
Shelton pocket gopher Thomomys Candidate None
Merriam's Shrew Sorexmerriami Candidate none
Roosevelt elk Cervus eiaphus rooseveiti none None
Pygmy Shrew Sorexhoyi Monitor None
Table 2. Priority Species not Federally or State listed and not governed by this ordinance.
Species Scientific Name State Status Federal Status
Blue Grouse Dendragapus obscunis None None
Band-tailed Pigeon Co/mba fasciata None None
Wood Duck Aix sponsa None None
Hooded Merganser Lophodytes cucuiiatus None None
Mountain Quail Oreortyxpictus None None
C. DESIGNATION
The areas classified in Section B above as Fish and Wildlife Habitat Conservation Areas(FWHCA)
are hereby designated under RCW 36.70A.060 and RCW 36.70A.170,as critical areas requiring
proper land management to protect their value and functions.
D. ESTABLISHMENT OF BUFFERS ON FISH&WILDLIFE HABITAT CONSERVATION
AREAS
1. Fish and Wildlife Habitat Conservation Areas shall have Buffers and Building Setbacks
established. The standard buffer and setback requirements are shown in Table 3.
a. Buffers or setbacks shall be maintained along the perimeter of Fish and Wildlife
Habitat Conservation Areas Buffer distances associated with streams shall be
measured horizontally from the ordinary high water mark(OHWM)or channel
migration zone(CMZ),whichever is greater. All other buffer distances shall be
measured horizontally from the established FWHCA perimeter.
b. Buffers shall be retained in their natural condition,except as provided elsewhere
in this ordinance.
C. Building Setback Lines: A building setback line of fifteen(15)feet is required from
the edge of any buffer area, except for Type 1 saltwater and lake excluding Conservancy
Shorelines.
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Mason County Resource Ordinance 55 Revised 5101103 ['
I
Ordinance regulations. Options given below may be used individually,or they may be combined
for greatest effect and benefit.
1. Open Space Bonus Any property owner,except on land designated as Long-Term
Commercial Forest Lands,Agricultural Resource Lands or Mineral Resource Lands,may
apply for a performance subdivision as provided in Chapter 16.22, Mason County Code.
Approval of such a subdivision provides for a development density bonus-that is,it allows
more lots for development-in exchange for the protection of critical areas and meeting
other design requirements.
2. Open Space TaxAssessment.• Any property owner may apply for current use property tax
assessment for lands which are fish and wildlife habitat conservation areas or their buffers
pursuant to RCW 84.34.
a. The land proposed for current use tax assessment shall be in a separate tract or a
conservation easement.
b. Any person who owns an identified critical area or its associated buffer may place
a conservation easement over that portion of the property. A conservation
easement is a legal agreement a property owner makes to restrict the type and
amount of development that may occur on a parcel. Each easement is tailored to
the particular property and to the interest of the individual owner.The property
owner grants an easement to an appropriate governmental agency or non-profit
land trust. It provides significant property and federal income tax benefits to the
property owner.The purpose of the easement shall be to preserve, protect,
maintain, restore and limit future use of the property affected.The terms of the
conservation easement may include prohibitions or restrictions on access and
shall be approved by the property owner and the county.
3. Density Credit. On lands containing FWHCAs or their buffers,the county shall allow a
transfer of density for residential uses from the portion of the property containing the
critical areas or buffers to that portion of the property that does not contain critical areas or
buffers-that is,the property could be developed with the same number of lots it would
have if critical areas were not present-provided that such transfer does not create any
adverse impacts to the critical area that can not be adequately mitigated and provided that
all other development regulations can be met.
4. Tax Re-assessment.The owner of any property that has been affected by a permit decision by
the county may request an immediate re-assessment by the Mason County Assessors Office,as
provided by RCW Chapter 84.
5. Conservation Futures If approved by a vote of the people of Mason County, Mason County shall
use conservation futures revenue to compensate affected property owners for the impact of
protecting fish and wildlife through the purchase of conservation easements on impacted land or
the impacted land.
6. Education: The county encourages proper stewardship on land to provide benefits to fish and
wildlife.The county shall provide educational information to the public through its sponsorship of
the Washington State Cooperative Extension Service,the Mason Conservation District, or
through the provision of informational materials in its offices.
7. Best Management Practices: Where not otherwise required, Mason County encourages the use
of best management practices that are part of site preparation,development construction, and
use activities after construction:erosion and sediment control measures; maintain existing
vegetation and minimize site clearing;use native plants in landscaping rather than lawn areas;
control runoff to small ponds and buffer vegetation;and minimize use of fertilizers and chemicals
in property maintenance(pest,weed, and moss control; sealants, oils, and fuels).
i
F. ACTIVITIES WHICH DO NOT REQUIRE A MASON ENVIRONMENTAL PERMIT
4
The following uses shall be allowed, within a FWHCA or its buffer to the extent that they are not prohibited
Mason County Resource Ordinance 58 Revised 5101103
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by any other applicable law or ordinance, provided they are conducted so as to minimize any impact on
the values and functions of the FWHCA,and provided they are consistent with any county approved
Resource Ordinance Special Study(such as a Habitat Management Plan or Geotechnical Report)or any
state or Federally approved management plan for an endangered,threatened,or sensitive species.
1. The remodel,repair,or change of use of an existing building within its existing footprint,
plus or minus ten percent and provided that such expansion does not increase any
intrusion into the aquatic management area or buffer. Reconstruction of structures
destroyed by fire or other means, provided that completed application for reconstruction
____ occurs within the previous structural footprint and within two Years of the destniction This__ ____ _.
provision is intended to apply only to that portion of a building which lies within a FWHCA
or its buffer.
2. The removal from buffer areas of noxious weeds designated in Chapter 17.10 RCW.
3. All new and existing agricultural activities within any FWHCA and or its buffer complying
with a current conservation plan that conforms with the standards and specifications of the
Natural Resources Conservation Service and is submitted to and approved by the
Administrator,or operating in conformity with a permit of a state agency,except as
required by subsection 17.01.110 G.2.f. below.
4. Buffer alterations for view corridors are allowed with emphasis placed on limbing and with
selective timber removal minimized to the extent possible. Proposed alterations shall be
the minimum to afford views within the buffer and shall minimize shrub vegetation removal
and ground disturbance while maintaining the large mature trees. Under this provision, no
more than 10 percent of trees in the buffer less.than six inches in diameter at breast height
may be removed from the buffer without specific authorization from Mason County,which
may allow removal up to 20 percent. View corridor improvement actions which include the
removal of trees larger than six inches in diameter at breast height will require Mason
County approval and replacement with native tree and/or shrub plant species are limited to
15 percent of such trees in the buffer.
5. The removal of danger trees from buffers which pose a direct threat to property and life,
provided they are documented by a professional forester. Removal of danger trees shall
be mitigated by planting a total of six(6) new trees seedlings each a minimum three years
old and each of the same species as the removed tree or native species trees. If the
replacement is judged to be unnecessary, Mason County may require the applicant to
place the downed danger tree within the buffer as habitat.
6. The enhancement of a buffer by planting indigenous vegetation.
7. The construction of trails which shall be unpaved when located in the buffer areas and
elevated when located in wetlands,which are not intended for motorized use,and which
are no wider than three(3)feet, unless additional width is necessary for safety along a
precipice,steep hillside,or other hazardous area.
8._ Harvesting of Wild Crops: Harvesting wild crops which do not significantly affect the
viability of the wild crop,the function of the Fish and Wildlife Habitat or regulated buffer
(does not include tilling of soil or alteration of the Fish and Wildlife Habitat Conservation
Area).
9. Any of the General Exemptions authorized by Section 17.01.130.
G. DEVELOPMENT AND ACTIVITIES REQUIRING A MASON ENVIRONMENTAL PERMIT
IN FISH&WILDLIFE HABITAT CONSERVATION AREAS OR THEIR BUFFERS
A Mason Environmental Permit shall be obtained from the County, using the administrative review
Mason County Resource Ordinance 59 Revised 5101103
process in this Chapter,before undertaking the following activities in FWHCAs or their buffers.
When a major new development is proposed within 1/4 mile of a listed species point location(den
or nest site),as identified through the WDFW PHS data base,tribal and other local fish and wildlife
databases or knowledge,a preliminary review by a qualified fish and wildlife professional shall be
provided to the county which shall determine if a FWHCA or its buffer is within the area of the
development.
1. A Habitat Management Plan(HMP)shall be prepared for these activities:
a. The removal,excavation,grading,dumping,discharging or filling of any material
unless part of a p eject whieh has been permitted pursuant to this section oi-fol
which no permit is required.
b. The destruction or alteration of FWHCA's or their buffers through clearing,
harvesting,shading,intentional burning,vegetation removal (terrestrial,
freshwater,or marine),or planting of vegetation that would alter the character of
the FWHCA or buffer, unless part of a project which has been permitted pursuant
to this section or for which no permit is required.
C. New Residential Construction and Major New Development. New residential
construction and major new development is not permitted within FWHCA or its
buffer,except for the activities listed in this subsection G, or as approved through
a variance or reasonable use.exception as provided in subsection K. The design
and siting of these projects should not adversely impact water quality of receiving
waters such as wetlands,streams, rivers, Hood Canal or Puget Sound. In
addition, project design should meet or exceed any storm water design
requirements to avoid any risk of decertification of shellfish beds or impacts to
baitfish(herring,smelt,sand lance,candlefish ,etc.)spawning areas.
d. Stream Relocation: Stream relocations are discouraged except for the purpose of
fisheries restoration and require a Habitat Management Plan. Stream relocation
shall only be permitted when adhering to the following minimum performance
standards and when consistent with Washington State.Department of Fish and
Wildlife Hydraulic Project Approval.
L The channel, bank and buffer areas shall be replanted with native
vegetation that replicates a natural,undisturbed riparian condition;and,
H. For those shorelands and waters designated as Frequently Flooded Areas
pursuant to Section 17.01.090,a professional engineer licensed in the
State of Washington shall provide information demonstrating that the
equivalent base flood storage volume and function will be maintained.
iii. Relocated stream channels shall be designed to meet or exceed the
functions and values of the stream to be relocated as determined by the
monitoring in the Habitat Management Plan.
e. Bank Stabilization.A stream channel and bank, bluff,and shoreline may be
stabilized when naturally occurring earth movement threatens existing legal
structures(structure is defined for this purpose as those requiring a Building
Permit pursuant to the Uniform Building Code), public improvements, unique
natural resources, public health,safety or welfare,or the only feasible access to
property, and, in the case of streams,when such stabilization results in
maintenance of fish habitat,flood control and improved water quality. Bluff, bank
and shoreline stabilization shall follow the standards of the Mason County
Shoreline Master Program, Landslide Hazard Areas,and any floodplain
management plan adopted by the Board of Commissioners.
Mason County may require that bank stabilization be designed by a professional
engineer licensed in the State of Washington with demonstrated expertise in
hydraulic actions of shorelines. For bank stabilization projects within FWHCAs,
emphasis shall be placed on bioengineering solutions (vegetation versus hard
surfaces) unless proved by the applicant to be infeasible. Bank stabilization
Mason County Resource Ordinance 60 Revised 5101103
projects may also require a Hydraulic Project Approval from the Washington
Department of Fish and Wildlife and will be determined after consultation with
WDFW.
f. Grave/Mining. Gravel mining is discouraged within FWHCAs or their buffers,and
it shall not be permitted if it causes significant adverse environmental impact, but
it may be allowed following the review and approval of a Habitat Management
Plan,including a detailed mining and reclamation plan(required by the
Washington Department of Natural Resources).
g. Conservation. Any conservation, preservation,or enhancement projects to protect
functions and values of the critical area system, including activities and mitigation
allowed pursuant to the mitigation priorities identified in Section 1.
h. OutdoorRecreation,Education and Trails Activities and improvements which do not
significantly affect the function of the Fish and Wildlife habitat or regulated buffer
(including viewing structures,outdoor scientific or interpretive facilities,trails,hunting
blinds,etc.)may be permitted in FWHCA or their buffers.
L Trails and other facilities shall,to the extent feasible, be placed on existing
road grades,utility corridors,or other such previously disturbed areas;
ii. Trails and other facilities shall be planned to minimize removal of trees,
shrubs,snags and important wildlife habitat;
iii. Viewing platforms,interpretive centers, benches and access to them,shall
be designed and located to minimize of impacts to wildlife, fish, or their
habitat and/or critical characteristics of the affected conservation area.
IV. Trails,in general,shall be set back from streams so that there will be minimal
impact to the stream from trail use or maintenance. Trails shall be
constructed with pervious surfaces when feasible and trails within FWHCAs
are not intended to be used by motorized vehicles.
i. Road/Street Expansion&Construction. Any private or public road or street
expansion or construction which is allowed in a Fish and Wildlife Habitat
Conservation Area or its buffer shall comply with the following minimum
{ development standards:
i. No other reasonable or practicable alternative exists and the proposed
road or street serves multiple properties whenever possible;
ii. Public and private roads should provide for other purposes,such as utility
crossings, pedestrian or bicycle easements,viewing points,etc.;and,
iii. The road or street construction is the minimum necessary,as required by
the Department of Public Works and Fire Marshall,and shall comply with
{ the Department of Public Works'guidelines and Fire Code to provide
3 public safety and mitigated storm water impacts. Minimum necessary
provisions may include projected level of service requirements.
IV. Construction time limits shall be determined in consultation with the
Washington Department of Fish and Wildlife in order to ensure species
and habitat protection.
3 J. Agr/culturv/Restrictions All new and existing agricultural activities within any
FWHCA and or its buffer, unless exempted as provided in subsection
17.01.110.F.3.
2. A Habitat Management Plan(HMP)will not be required the following activities which
comply with the development standards below, except as specified:
a. Stream Crossings All stream crossings should be discouraged and alternatives
should be explored. Any private or public road expansion or construction which is
proposed and must cross streams classified within this Ordinance,shall comply
a with the following minimum development standards:
i
Mason County Resource Ordinance 61 Revised 5101103
i. Bridges or archlbottomless culverts shall be required for all Type 1,2 and
3 streams(which have anadromous fish habitat).Fish passage shall be
provided,if necessary to address man-made obstructions on site.Other
alternatives may be allowed upon a showing that,for the site under
review,the alternatives would be less disruptive to the habitat or that the
necessary building foundations were not feasible. Submittal of a Habitat
Management Plan which demonstrates that the alternatives would not
result in significant Impacts to the Fish and Wildlife Habitat Conservation
Area (FWHCA)may be required if the information necessary to determine
the pe irnitt_regui ----- --
plan must demonstrate that salmon habitat will be replaced at a minimum
1:1 ratio.
ii. Crossings shall not occur in salmonid spawning areas unless no other
reasonable crossing site exists. For new development proposals,if
existing crossings are determined to adversely impact salmon spawning
or passage areas, new or'upgraded crossings shall be located as
determined necessary through coordination with the Washington State
Department of Fish and Wildlife and the Skokomish Tribe,the Quinault
Tribe and/or the Squaxin Island Tribe;
III. Bridge piers or abutments shall not be placed either within the floodway or
between the ordinary,high water marks unless no other reasonable
alternative placement exists;
iv. All stream crossings shall be required to pass 100 year projected flood
flows,even in non-fish bearing Type 4 and 5 streams. In addition,
crossings for Type 1,2,or 3 should allow for downstream transport of
large woody debris;
V. Crossings shall serve multiple properties whenever possible.
vi. Where there is no reasonable alternative to providing a culvert,the culvert
shall be the minimum length necessary to accommodate the permitted
activity.
b. Land Divisions In order to implement the purpose of this section and the County
Comprehensive Plan,to accommodate design innovation,creativity,and
flexibility,and to achieve a level of environmental protection that would not be
possible by typical lot-by-lot development,the use of the Performance Subdivision
process(Title 16 Mason County Subdivision Ordinance)is strongly encouraged.
Divisions of land(Subdivisions,Short Subdivisions, Large Lot Subdivisions)shall
comply with the following development standards:
I. In order to avoid the creation of non-conforming lots,each new lot shall
contain at least one building site that meets the requirements of this
Ordinance, including buffer requirements for habitat conservation areas.
This site must also have access and a sewage disposal system location
that are suitable for development and do not adversely impact the
FWHCA.
ii. After preliminary approval and prior to final land division approval,the
j common boundary between a required buffer and the adjacent property
i shall be identified using appropriate signs. In lieu of signs,alternative
methods of buffer identification may be approved when such methods
(fences or enhanced native planting)are determined by Mason County to
provide adequate identification to the buffer and the FWHCA.
iii. Buffer areas shall be dedicated as permanent open space tracts,
functioning as FWHCA buffers.
iv. If development is proposed within a FWHCA or its buffer,a HMP is
required.
C. Utilities Placement of utilities within designated Fish and Wildlife Habitat
{ onservation Areas may be allowed pursuant to the following standards:
Mason County Resource Ordinance 62 Revised 5101103
i. Construction of utilities may be permitted in FWHCA's or their buffers,
only when no practicable or reasonable alternative location is available
and the'utility corridor meets the requirements for Installation,
replacement of vegetation and maintenance outlined below. Utilities are
encouraged to follow existing or permitted roads where possible.
ii. Construction of wells,sewer lines,water lines,or on-site sewage systems
are not permitted in FWHCA's but may be permitted in a buffer area when
the applicant demonstrates it is necessary to meet State and/or local
health code requirements;there are no other practicable alternatives
available,and construction meets the requirementof this section. joint
use of the sewer or water utility corridor by other utilities may be allowed.
Encroachment of more than 50 feet into the buffer will require a HMP.
iii. New Utility Corridors shall not be allowed in FWHCA's with known
locations of federal or state listed endangered,threatened or sensitive
species, heron rookeries or nesting sites of raptors which are listed as
state candidate or state monitor,except in those circumstances where an
approved Habitat Management Plan is in place.
IV. Utility corridor construction and maintenance shall protect the
environment of Fish and Wildlife Habitat Conservation Areas and their
buffers.
(1) New utility corridors shall be aligned when possible to avoid
cutting trees greater than 12 inches in diameter at breast height
(four and one-half feet)measured on the uphill side.
(2) New utility corridors shall be revegetated with appropriate native
vegetation at not less than pre-construction vegetation densities
or greater,immediately upon completion of construction or as
soon thereafter as possible due to seasonal growing constraints.
The utility shall ensure that such vegetation survives for a three-
year period;
V. Utility towers should be painted with brush, pad or roller and should not be
sandblasted or spray painted, nor shall lead base paints be used.
d. Forest Practices, Class IV General:Timber harvesting with associated
development activity involving land conversions from Forest Use,or otherwise
meeting the DNR definition as a Class IV General application,shall comply with
the provisions of this Ordinance including the maintenance of buffers,where
required. If harvest or development is proposed within a FWHCA or its buffer,a
HMP is required.
e. Mobile Home orRVParks new or expanded mobile home or RV parks shall comply
with the following development standards:
I. Lots or spaces and other improved areas shall be outside of FWHCA and its
buffer. Roads,utilities,and trails may encroach on the buffer or FWHCA as
provided elsewhere in this section. The project as a whole shall not
adversely impact the FWHCA.
ii. The common boundary between a required buffer and the adjacent property
shall be identified using signs or alternative methods determined Mason
County to provide adequate identification to the buffer and the FWHCA.
iii. Buffer areas shall be designated as open space and preserved to the extent
possible.
IV. If development is proposed within a FWHCA or its buffer,a HMP is
required.
f. Marine Activities All activities in tidal/saltwater submerged lands shall avoid impacts
to eelgrass and kelp beds to the maximum extent. If eel grass or kelp is known or
suspected in the vicinity, then an aquatic vegetation survey is required to identify the
location of eelgrass or kelp. Unavoidable impacts to these sensitive marine areas
shall be addressed in a Habitat Management Plan that presents an acceptable
mitigation program.
Mason County Resource Ordinance 63 Revised 5101103
g. Chemical Application or Storage. Chemical applications are not permitted within
FWHCAs unless expressly approved as part of a farm plan, forest practices
application or for the control of invasive or noxious plant species. In cases where
approved chemical applications occur as part of a forest practices application or farm
plan,proper reporting procedures shall be followed.Chemical application consistent
with state and Federal regulation does not require a Mason Environmental Permit,
but it does need to comply with the standards included herein.Chemical storage shall
not be permitted within a FWHCA or its buffer.
H. HABITATS AND SPECIES OF LOCAL IMPORTANCE—LISTING&DELISTING IMPORTANT
HABITATS&SPECIES
1. Locally significant species are those which are not state listed as threatened,endangered or
sensitive, but which live in Mason County, and the species is special importance to the
citizens of Mason County for cultural or historical reasons, or the county is a critically
significant portion of their range. Mason County is a critically significant portion of the range
of a species when any of the following conditions apply:
a. The species would be extirpated from the state of Washington if it is extirpated from
Mason County;or
b. The species'population would be divided into non-viable populations if it is extirpated
from Mason County,where the isolated populations are critical to the survival of the
species;or
C. The species is listed as a state monitor or candidate species and Mason County is
a significant portion of the range of the species and significant reduction or extirpation
of the species from Mason County would result in changing the status of the species
to that of state endangered,threatened,or sensitive.
2. Locally significant habitats are those habitats in which significant species live,or which is of
special importance to the citizens of Mason County because they have been determined to
contribute to the variety of habitats or diversity of species.
3. Regulations prepared to protect locally important habitat and species shall consider and,
where possible,support the economic development of Mason County and the use of resource
lands and resources industry,enhance the affordability of housing, and otherwise promote
the achievement of other goals in the Mason County Comprehensive Plan.
4. The process for listing or delisting an important habitat or species in Mason County shall be
an amendment to this section of the Interim Resource Ordinance. This action may be initiated
.by request of the State Department of Fish&Wildlife,the Skokomish Tribe,the Quinault Tribe
and/or the Squaxin Island Tribe,County staff,or interested citizens. Any such request shall
be in writing and shall include:
a. The common and scientific names of for species under consideration;
b. Habitat location on a map(scale 1:24,000);
C. The reasons for the request,including:
(1) declining or increasing population,
(2) sensitivity to habitat manipulation.
d. Habitat management recommendations, including potential uses and restrictions of
the habitat areas,seasonally sensitive areas,and other guidelines necessary for the
protection of the nominated species.
e. Other supporting documentation, including an analysis which weighs the non-
environmental impacts of the proposal,addressing economics and land use,against
the benefits of the proposed listing.
5. The written request and supporting data may be evaluated by a qualified wildlife biologist or
equivalent professional selected by the County.
6. In addition to the above,the County shall consider the following factors when evaluating the
request:
a. The specificity and scientific validity of the information about the nominated species
needs and behaviors;
Mason County Resource Ordinance 64 Revised 01103
b. The sufficiency of habitat areas currently available to sustain the species over time;
and
C. The versatility of the proposed habitat area to sustain species other than the one
being nominated for local species of importance designation.
I. APPLICATION REVIEW PROCESS
1. Upon the receipt of an application for development,the Director shall determine whether the
--- — ----- ion app y. a 1 1 m i twt ectd Tribes or state
agencies in determining that the subject property is shown to be documented habitat for
federal or state listed endangered,threatened or sensitive species.
2. Boundaries: The procedures for formal determination of regulated Fish and Wildlife Habitat
Conservation Area boundaries are as follows:
a. The FWHCA boundary for streams shall be the Ordinary High Water Mark(OHWM)
or channel migration zone(CMZ).
b. The FWHCA boundary for marine shorelines and lakes greater than 20 acres shall
be the OHWM.
C. The boundary of all other FWHCA's may be determined using published databases,
resource agency personnel,consultation with the Skokomish Tribe,Quinault and/or
the Squaxin Island Tribe, and/or by a qualified environmental professional based
upon site specific assessment and species presence.
3. Permit information:When a Mason Environmental Permit is required under this section, it is
the applicant's responsibility to provide all necessary and accurate data to the County for its
review. This information will include a field delineation by a qualified professional(biologist,
hydrologist,soil scientist,and/or other expert as circumstances warrant). Formal boundary
determination is the responsibility of the County.
a. When sufficient information exists from the County's natural resource inventory or
other sources, Mason County may waive the requirement of a field delineation,
provided a qualified professional has reviewed and approved such information as
reliable.
b. When requested by the applicant,or an affected party,the County may perform the
data collection,at a fee, in lieu of direct action by the applicant.
C. Where Mason County performs a formal determination at the request of the applicant
pursuant to subsection b above, it shall be considered a final determination unless
contested by the applicant or other affected party.
d. Where the applicant has provided the information in support of a permit for a formal
determination by the County of the Fish and Wildlife Habitat Conservation Area
boundary, Mason County shall verify the accuracy of,and may render adjustments
to,the boundary determination in compliance with the provisions of this ordinance.
4. When a Mason Environmental Permit is required,the permit shall be obtained from the County
using the administrative review process in this chapter prior to undertaking regulated activities
in a FWHCA or its buffer.
5.- In addition to any other requirements, permits shall only be granted if:
a. The proposed activity avoids adverse impacts to regulated FWHCA, or takes
affirmative and appropriate measures to compensate for impacts. Mitigation
1 sequencing should follow the avoidance, reduction, and compensation analysis, in
j that order of preference, and
b. The proposed activity is consistent with an approved Habitat Management Plan, if
such a plan is prepared;or
C. The proposed activity is approved as a variance or reasonable use exception under
I this chapter, if applicable.
a
I 6. FWHCA permits shall not be effective and no activity thereunder shall be allowed during the
time provided to file and process a permit appeal.
s
Mason County Resource Ordinance 65 Revised 5101103
J. HABITAT MANAGEMENT PLAN (HMP) REQUIREMENTS
The following describes the requirements of a Habitat Management Plan as discussed in this
ordinance.
A HMP shall consider measures to preserve and protect the wildlife habitat and shall consider effects
of land use intensity,buffers,setbacks,impervious surfaces,erosion control and retention of natural
vegetation on the functions and values of the FWHCA. This report shall identify how the impacts from
the p
purposes of this ordinance. The most recent publication of the Management Recommendations for
Washington s Priority Habitats and Species,as now or hereafter amended,and consultation with a
habitat biologist from the Washington State Department of Fish and Wildlife and with the Skokomish
Tribe,the Quinault Tribe and/or the Squaxin Island Tribe and shall be the basis for the report. In the
case of bald eagles,an approved Bald Eagle Management Plan by the Washington State Department
of Fish and Wildlife meets the requirements for a HMP.
Prior to submittal to the County,the Habitat Management Plan shall be reviewed and approved for
adequacy by a qualified fish and wildlife professional. It shall contain but not be limited to the following
information:
1. A map(s) prepared at an easily readable scale,showing:
a. The location of the proposed site;
b. The relationship of the site to surrounding topographic and built features;
C. The nature and density of the proposed use or activity;
d. Proposed building locations and sizes;
e. A legend which includes:
(1) A complete and accurate legal description and total acreage of the parcel;
(2) Title,scale,date,and north arrow;
(3) Certification by a qualified biologist.
f. Existing structures and landscape features including the name and location of all
water bodies.
g. Location of listed species and their critical habitat areas.
2. A report which contains:
a. A description of the nature, density and intensity of the proposed use or activity in
sufficient detail to allow analysis of such land use change upon identified wildlife
habitat;
b. An analysis of the effect of the proposed use or activity upon fish and wildlife species
and their habitats listed in this ordinance;
C. A plan which explains how the applicant will avoid, minimize or mitigate adverse
impacts to fish and/or wildlife habitats created by the proposed use or activity.This
explanation must address the management goals, policies and recommendations
presented in this ordinance. Monitoring of mitigation shall be required when
appropriate or necessary to ensure effectiveness. Mitigation measures within the
plan may include, but are not limited to:
(1) Establishment of buffer areas;
(2) Preservation of critically important plants and trees;
(3) Limitation of access to habitat area;
(4) Seasonal restriction of construction activities;
(5) Clustering of development and preservation of open space;
(6) Sign marking habitats or habitat buffer areas;
(7) Title notice or plat dedication warning statements;
i (8) Conservation easements.
3. Review comments by a habitat biologist from the Washington State Department of Fish and
Wildlife(WDFW)and the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe
shall be included in the HMP when available. If the HMP recommends mitigation involving
federally listed threatened or endangered species, migratory waterfowl or wetlands,the U.S.
Mason County Resource Ordinance 66 Revised 01103
Fish and Wildlife Service shall receive a copy of the draft HMP and their review comments
shall be included in the final report.
This is provided that the Washington State Department of Fish and Wildlife,the Skokomish
Tribe,the Quinault Tribe and/or the Squaxin Island Tribe and;if required,the U.S.Fish and
Wildlife Service respond in writing to Mason County with review comments or a request for
additional information within 28 days from the date of issuance of a draft habitat management
plan. If review comments or a request for additional information is not received in the
prescribed time frame, the tribal, state and/or federal review comments on the habitat
management plan shall not be required for completion of the HMP Mason ,ounty shau haw
the authority to approve Habitat Management Plans or require additional information.
K. RELIEF FROM THE REQUIREMENTS IN THIS SECTION
Specific relief from the requirements of this section may be obtained on a case-by-case basis by
applying for a variance(Section 17.01.150)or a reasonable use exception(Section 17.01.120).
E
I
i Mason County Resource Ordinance 67 Revised %1/03
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Mason County Resource Ordinance 68 Revised 5101103
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Mason County Resource Ordinance 69
Reviser) 5/01N3
CHAPTER 15.13
ENFORCEMENT
Sections: Pages:
15.13.005 SEVERABILITY 27
15.13.010 ENFORCING OFFICIAL;AUTHORITY 27
15.13.020 PENALTY 27
15.13.030 APPLICATION 28
15.13.035 WARNING NOTICE 29
15.13.040 NOTICE OF CIVIL VIOLATION 29
15.13.045 HEARING BEFORE THE HEARING EXAMINER 29
15.13.050 CIVIL FINES 31
15.13.055 COST RECOVERY 32
15.13.060 REVIEW OF APPROVED PERMITS 33
15.13.070 REVOCATION OR MODIFICATION OF PERMITS AND
APPROVALS 33
15.13.005 SEVERABILITY
This Ordinance shall be governed by the laws of the State of Washington. In the event that any
R portion or section of this Ordinance be declared invalid or unconstitutional by a court of
competent jurisdiction,the remainder of the Ordinance shall not be affected and shall remain in
full force and effect.
15.13.010 ENFORCING OFFICIAL; AUTHORITY
The review authority shall be responsible for enforcing those codes and ordinances to which this
title applies, and may adopt administrative rules to meet that responsibility. The review authority
may delegate enforcement responsibility,as appropriate. An employee of one review authority
department may commence an enforcement action of violations of codes and regulations of other
departments.
15.13.020 PENALTY
Non-conforming structures and other non-conforming land modifications shall be
a continuing violation. Every day of violation shall be a separate violation. It shall be a violation
to own, use, control,maintain, or possess a portion of any premises which has been constructed,
equipped,maintained, controlled,or used in violation of any of the applicable provisions,MCC
15.03.005, in this Title. Structures or activities which were made or conducted without a permit,
when a permit was required at the time of first action, do not vest and require current permits.
Any person, firm, or corporation who violates or who solicits, aids, or attempts a violation are
accountable under this Chapter and are subject to the penalty provision as well as the Hearing
Examiner process.
B. Compliance with the requirements of those codes and regulations listed under
MCC 15.03.005 shall be mandatory, and violations of those codes are within the purview of this
Chapter.
ry MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 27
C. Any private party who intentionally,recklessly,or negligently violates any of the
applicable codes,regulations and ordinances is guilty of a misdemeanor. This includes,but is not
limited to, a violation of notice and order, a violation of notice of civil violation, a violation of a
warning notice, a violation of a stop work order,violation of a do not occupy order,and failure to
comply with orders of the hearings examiner. Any person convicted of a misdemeanor under this
section shall be punished by a fine of not more than five hundred dollars,or by imprisonment not
to exceed ninety days, or by both,unless otherwise required by state laws. Each such person is
guilty of a separate offense for each and every day during any portion of which any violation of
any of the applicable provisions is committed,continued,permitted,or aided by any such person.
D. 'Notwithstanding the provisions of any other code,the Review Authority is
authorized to issue civil infractions for violations of any provision of any code or regulation
listed under Title 15.03.005. The enforcement officer may issue a civil infraction ticket of up to
$250 for the first violation and up to$500 for the second and subsequent violations. Second and
subsequent violations refer to any violation of any provision of Title 15.03.005 within two years
of the first violation. A violator is 1)one who owns the property and knows the violation is
occurring, and fails to take action to abate it; 2)one who causes the violation to occur or solicits,
commissions,requests, or aids the violation; 3)one who has a virtual exclusive right to possess
the land,as in a tenant, equitable title owner,or trust beneficiary, and who aids, abets,
commissions, solicits,requests,or knowingly allows a violation to occur on the land; or 4)to the
maximum extent allowed under Washington law, any company whose employee or employees
violates any provision of Title 15. Proof in District Court shall be by a preponderance of the
evidence. To the extent that there is no conflict with this regulation, all such civil infractions
under this regulation shall be governed by the standards and procedures set forth in Revised Code
of Washington 7.80(Civil Infractions). Each day of the violation shall be considered a separate
offense.
15.13.030 APPLICATION
A. Actions under this chapter may be taken in any order deemed necessary or
desirable by the review authority to achieve the purpose of this chapter or of the Development
Code.
B. Proof of a violation of a development permit shall constitute prima facie evidence
that the violation is that of the applicant and/or owner of the property upon which the violation
exists. An enforcement action under this chapter against the owner and/or applicant shall not
relieve or prevent enforcement under this chapter or other ordinance against any other
responsible person,which, to the extent allowed by state law,includes an officer or agent of a
business or nonprofit organization who,while violating the applicable provisions, is acting on
behalf of, or in representation of, the organization.
C. Where property has been subjected to an activity in violation of this Chapter,the
County may bring an action against the owner of such land or the operator who performed the
violation. In addition,in the event of intentional or knowing violation of this Chapter,the Court
may, upon the County's request,deny authorization of any permit or development approval on
said property fora period up to ten(10)years from the date of unauthorized clearing or grading.
While a case is pending in Court, the County shall not authorize or grant any permit or approval
of development on said property.
D. Nothing in this chapter shall be construed to prevent the application of other
procedures,penalties or remedies as provided in the applicable code or ordinance.
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 28
15.13.035 WARNING NOTICE
Prior to other enforcement action, and at the option of the review authority, a warning notice may
be issued. This notification is to inform parties of practices which constitute or will constitute a
violation of the development code or other development regulation as incorporated by reference
and may specify corrective action. This warning notice may be sent by,certified/registered mail,
posted on site or delivered by other means. The parties shall respond to the county within 20 days
of the postmark,posting on site,or delivery of the notice
15.13.040 NOTICE OF CIVIL VIOLATION
. A. Authority. A notice of civil violation may be issued and served upon a person if
any activity by or at the direction of that person is,has been, or may be taken in violation of the
applicable codes under Section 15.03.005. A landowner,tenant, or contractor may each be held
separately and joint and severally responsible for violations of the applicable codes and
regulations.
B. Notice. A notice of civil violation shall be deemed served and shall be effective
when posted at the location of the violation and/or delivered to any person at the location and/or
mailed first class to the owner or other person having responsibility for the location and not
returned.
C. Content. A notice of civil violation shall set forth:
1. The name and address of the person to whom it is directed.
2. The location and specific description of the violation.
3. A notice that the order is effective immediately upon posting at the site and/or
receipt by the person to whom it is directed.
4. An order that the violation immediately cease, or that the potential violation be
avoided.
5. An order that the person stop work until correction and/or remediation of the
violation as specified in the order.
6. A specific description of the actions required to correct,remedy,or avoid the
violation, including a time limit to complete such actions.
7. A notice that failure to comply with the regulatory order may result in further
enforcement actions, including civil fines and criminal penalties.
8. A notice of the date, time and place of appearance before the Hearing Examiner
as provided in section 15.13.045.
D. Remedial Action. The review authority may require any action reasonably
calculated to correct or abate the violation, including but not limited to replacement,repair,
supplementation,revegetation, or restoration.
15.13.045 HEARING BEFORE THE HEARING EXAMINER
A. A person to whom a notice of a civil violation is issued will be scheduled to
appear before the Hearings Examiner after the notice of civil violation is issued. Extensions may
be granted at the discretion of the appropriate Review Authority.
B. Correction of Violation. The hearing will be canceled if the applicable Review
Authority determines that the required corrective action has been completed or is on schedule for
completion as set by the Review Authority at least 48 hours prior to the scheduled hearing.
C. Procedure. The Hearings Examiner shall conduct a hearing on the civil violation
pursuant to the rules of procedure of the Hearings Examiner. The applicable Review Authority
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 29
and the person to whom the notice of civil violation was directed may participate as parties in the
hearing and each party may call witnesses. The county shall have the burden of proof to
demonstrate by a preponderance of evidence that a violation has occurred or imminently may
occur and that the required corrective action will correct the violation.A Hearing Examiner's
order may prohibit future action,and violations of that order may lead to penalties under this
ordinance. The determination of the applicable Review Authority shall be accorded substantial
weight by the Hearings Examiner in determining the reasonableness of the required corrective
action.
D. Decisions of the Hearings Examiner.
1. The Hearing Examiner shall determine whether the county has established by a
preponderance of the evidence that a violation has occurred and that the required
correction will correct the violations and shall affirm,vacate,or modify the
county's decisions regarding the alleged violation and/or the required corrective
action,with or without written conditions.
2. The Hearing Examiner shall issue an order to the person responsible for the
violation which contains the following information:
a. The decision regarding the alleged violation including findings of fact and
conclusions based thereon in support of the decision;
b. The required corrective action;
C. The date and time by which the correction must be completed;
d. The civil fines assessed based on the criteria in subsection(13)(3)of this
section;
e. The date and time by which the correction must be completed;
3. Civil fines assessed by the Hearing Examiner shall be in accordance with the civil
fine in Section 15.13.050.
a. The Hearing Examiner shall have the following options in assessing civil
fines:
i. Assess was issued and thereafter; or
ii. Assess civil fines beginning on the correction date set by the
applicable Review Authority or alternate correction date set by the
Hearings Examiner and thereafter; or
iii. Assess less than the established civil fine set forth in Section
15.13.050 based on the criteria of subsection(D)(3)(b)of this
section; or
iv. Assess no civil fines. j
b. In determining the civil fine assessment,the Hearing Examiner shall k
consider the following factors:
i. Whether the person responded to staff attempts to contact the
person and cooperated with efforts to correct the violation;
ii. Whether the person failed to appear at the hearing;
iii. Whether the violation was a repeat violation or if the person has
previously violated the applicable codes,regulations, and
ordinances;
iv. Whether the person showed due diligence and/or substantial
progress in correcting the violation;
V. Whether a genuine code interpretation issue exists; and
vi. Any other relevant factors.
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 30
t
C. The Hearing Examiner may double the civil fine schedule if the violation
was a repeat violation or the person has previous violations of the
applicable codes,regulations, or ordinances. In determining the amount of
the civil fine for repeat violations the Hearing Examiner shall consider the
factors set forth in subsection(D)(3)(b)of this section.
4. Notice of Decision.Upon receipt of the Hearing Examiner's decision. the Review
Authority shall send by first class mail and by certified mail return receipt
requested a copy of the decision to the person to whom the notice of a civil
violation was issued. The decision of the Hearing Examiner shall be rendered
within 10 working days of the hearing.
E. Failure to Appear. If the person to whom the notice of civil violation was issued
fails to appear at the scheduled hearing, the Hearing Examiner will enter a default order with
findings pursuant to subsection(D)(2)of this section and assess the appropriate civil fine
pursuant to subsection(D)(3)of this section. The county will enforce the Hearing Examiner's
order and any civil fine from that person.
F. Appeal to Superior Court. See Section 15.11.040 Judicial Appeal
15.13.050 CIVIL FINES
A. Authority. A person who violates any provision of the Development Code,or who fails
to obtain any necessary permit,who fails to comply with the conditions of a permit, or
who fails to comply with a notice of civil violation shall be subject to a civil fine.
B. Amount. The civil fine assessed shall not exceed one thousand dollars ($1,000.00) for
each violation, except where the hearings examiner is authorized under this ordinance to
double the fine. Each separate day, event, action or occurrence shall constitute a separate
violation.
C. Notice.A civil fine shall be imposed by an order of the Hearings Examiner, and shall be
effective when served or posted as set forth in 15.13.040(B).
D. Collection.
1. Civil fines shall be immediately due and payable upon issuance and receipt of
order of the Hearings Examiner. The review authority may issue a stop work order
until such fine is paid.
2. If remission or appeal of the fine is sought,the fine shall be due and payable upon
issuance of a final decision.
3. If a fine remains unpaid 30 days after it becomes due and payable,the review
authority may take actions necessary to recover the fine. Civil fines shall be paid
into the County's general fund unless otherwise provided by ordinance. The
review authority, in its discretion, may determine that assessments in amounts of
$500.00 or more shall be payable in not to exceed three equal annual installments.
The payments shall bear interest equal to that charged on delinquent taxes under
RCW 84.56.020. Such an account in good standing shall not be considered as
delinquent unpaid fines as provided in(134)in this section.
4. Unpaid fines shall be assessed against the property and be recorded on the
assessment role, and thereafter said assessment shall constitute a special
assessment against and a lien upon the property, provided that fines in excess of
the assessed value shall be a personal obligation of the property owner, and fines
assessed against persons who are not the property owner shall be personal
obligations of those persons.
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE - July 2003 version PAGE 31
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E. Immediately upon its being placed on the assessment roll,the assessment shall be
deemed to be complete,the several amounts assessed shall be payable, and the assessments shall
be liens against the lots or parcels of land assessed,respectively. The lien shall be subordinate to
all existing special assessment liens previously imposed upon the same property and shall be
paramount to all other liens except for state,county and property taxes with which it shall be
upon a parity. The lien shall continue until the assessment and.all interest due and payable
thereon are paid.
F. All such assessments remaining unpaid after 30 days from the date of recording
on the assessment roll shall become delinquent and shall bear interest at such rates and in such
manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes.
G. If the county assessor and the county treasurer assess property and collect taxes
for this jurisdiction, a certified copy of the assessment shall be filed with the county treasurer.
The descriptions of the parcels reported shall be those used for the same parcels on the County
Assessor's map books for the current year.
H. The amount of the assessment lien shall be billed annually by the Treasurer's
Office on the date of the assessment lien until paid and shall be subject to the same penalties and
procedure and sale in case of delinquency as provided for ordinary property taxes. All laws
applicable to the levy,collection and enforcement of property taxes shall be applicable to such
assessment. Not withstanding the previous provisions,the foreclosure process and sale process
may be commenced within a year of the creation of a lien when the Review Authority or the
Hearing Examiner make a written request to the Treasurer's Office to commence the process.
15.13.055 COST RECOVERY j
A. Authority. Not withstanding any other code provision, a person who violates any
provision of any code or regulation under MCC 15.03.005, or who fails to obtain any
necessary permit,.or who fails to comply with a notice of civil violation shall be subject to
enforcement,Hearings Examiner, and abatement costs. Costs in year 2002 shall be
$52.30 per hour for any employee of Mason County, except that department heads and
managers, elected officials, and deputy prosecutor time shall be$75.00 per hour. For
every year after 2002,the rate may be adjusted according to the Consumer Price Index.
B. Amount. The Review Authority shall keep an itemized account of the time spent by
employees of the county in the enforcement or abatement of any code or any regulation
under Title 15.03.005. The Review Authority may request costs be ordered by the
Hearings Examiner. The Hearing Examiner may order costs.
C. Notice.Upon completion of the work for which cost recovery is proposed,the Review
Authority shall provide notice by certified mail return receipt requested to the property
owner or other person on whose behalf the costs were incurred.
D. Collection. Costs may be collected as provided in MCC 15.13.050(D)through(H)
inclusive.
E. Civil fines and funds collected shall be deposited as provided in the respective county
regulation or, if no other provision is made, shall be deposited in the general fund of the
county. However, departmental directors may, in their discretion, direct that costs be
placed in a special abatement fund. If the director decides to close the fund, the
remaining fund balance shall revert back to the general fund.
15.13.060 REVIEW OF APPROVED PERMITS
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE - July 2003 version PAGE 32
A. Review: Any approval or permit issued under the authority of the Development Code
may be reviewed for compliance with the requirements of the Development Code, or to
determine if the action is creating a nuisance or hazard,has been abandoned,or the
approval or permit was obtained by fraud or deception.
B. Review Authority Investigation:'Upon receipt of information indicating the need for,
or upon receiving a request for review of permit or approval,the review authority shall
investigate the matter and take one or more of the following actions:
1. Notify the property owner or permit holder of the investigation; and/or
2. Issue a notice of civil violation and/or civil fine and/or recommend revocation or
modification of the permit or approval; and/or
3. Refer the matter to the County Prosecutor; and/or
4. Revoke or modify the permit or approval,if so authorized in the applicable code
or ordinance; and/or
5. Refer the matter to the Hearing Examiner with a recommendation for action.
15.13.070 REVOCATION OR MODIFICATION OF PERMITS AND APPROVALS
[[HANDLED BY APPROPRIATE DEPARTMENTS ]]
A. Upon receiving a review authority's recommendation for revocation or
modification of a permit or approval,the Hearing Examiner shall review the matter at a public
hearing, subject to the notice of public hearing requirements (Sec. 15.07.030). Upon a finding
that the activity does not comply with the conditions of approval or the provisions of the
Development Code, or creates a nuisance or hazard,the Hearing Examiner may delete, modify or
impose such conditions on the permit or approval it deems sufficient to remedy the deficiencies.
If the Hearing Examiner find no reasonable conditions which would remedy the deficiencies,the
permit or approval shall be revoked and the activity allowed by the permit or approval shall
cease.
B. Building Permits. The Building Official,not the Hearing Examiner has the
authority to revoke or modify building permits.
C. Reapplication. If a permit or approval is revoked for fraud or deception,no
similar application shall be accepted for a period of one year from the date of final action and
appeal,if any. If a permit or approval is revoked for any other reason, another application may
be submitted subject to all of the requirements of the Development Code.
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MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE - July 2003 version PAGE 33
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INQUIRY BY NAME
Name Cd TICE0800 MICHAEL P & DIANE A TICE 4840 E HWY 302
BELFAIR, WA 98528
1 RP 12228 24 00060 TR 6 OF GOVT LOT 2 & TAX 129-G & 712-G 235, 680 0
1834
Inquiry Type VL Select Line # 00 -or- Search for Parcel
END OF DATA CMD 7 for EOJ HELP key Allowed
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ATTACHMENT
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STA MASON COUNTY
�p5 c �� DEPARTMENT OF COMMUNITY DEVELOPMENT
SU _N Planning Division
N Y 4 P O Box 279,Shelton,WA 98684
(360)427-9670
1864
NOTIFICATION OF INCOMPLETE APPLICATION
July 26, 2002
MICHAEL TICE
6708 GALWAY DRIVE
EDINA MN 55439
Parcel No.: 122282400060
Project Description: HOT TUB COVER
Dear Applicant
You have submitted a permit application (case no. BLD2002-00901)for proposed construction or
development in the county. Upon review of your application, I have determined that the contents of
the application are incomplete or do not provide enough detail for review.
Therefore, review of your application will not proceed until the necessary information is provided (see
the comment section of this letter for details.) Once the information is submitted and the application is
complete, I will continue to process your application accordingly.
Please contact me at (360)427-9670, ext. 577 if you have-questions.
Sincerely,
Rick Mraz
Land Use Planner
Mason County Planning Department
7/26/2002 1 of 2 BLD2002-00901
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NOTIFICATION OF INCOMPLETE APPLICATION
7/26/2002 Case No.: BLD2002-00901
Comments: A field inspection of the subject property was conducted on 7/25/02
pursuant to an after-the-fact permit request for a hot tub cover and
deck replacement.
The status of the deck with regards to the shoreline regulations
detailed in the Shoreline Master Program is indeterminate. The deck
replacement appears to be a conforming activity, however, plannig
staff requires some evidence of the size and extent of the previous
deck. If the new deck is in the same footprint and is the same height
as the original, then it is permittable.
The hot tub cover is not permittable without a variance from the
Shoreline Master Program. Structures over 30' in height must conform
with shoreline setback requriements. The shoreline setback for this
parcel is derived using a common line procedure. An imaginary line is
drawn from the most waterward portion of the roofline of one adjacent
residence to the most waterward portion of the roofline of the other
adjacent residence. The position where this line crosses the subject
parcel serves as the setback for the parcel. No structure over 30
inches in height may project into the setback. The hot tub cover is
beyond the common line setback.
Please contact this office for clarification of these issues and/or for
details on the variance procedure and criteria.
7/26/2002 2 of 2 BLD2002-00901
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ATTACHMENT
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PERMIT NO.: BL
MASON COUNTY
BUILDING PERMIT APPLICATION
426 W.Cedar/P.O.Box 186,Shelton,WA 98584
Shelton 360 427-9670 Belfair 360 275-4467.Elma 360 82-5269 Seattle 206 64-6968
APPLICANT INFORMATI9,N CONTRACTOR INFORMATION 1
Owner l r(e Contractor Name J i#4-,k 6,o r1 .
Mailing Address &2oS .� ),.;b-k /+ Mailing Address�"4 !
City Ge r"A- fate rJ Code c��,/ g!q City 1.V* �� State w4 Zip Code
Phone �1 ?�Z� L Other Ph. � `�-`- Ph. ( I Other Ph.
Lien/Title older Contractor Reg.#—CA5 C A C.2 q 190 t-
11
Address Expiration
SEPTIC/WATER SYSTEM INFORMATION-Connect to New Septic Existing Septic Connect to Sewer
System Name of Sewer System Well Water System Name of
Water System
PARCEL INFORMATION-12 digit Tax Parcel No. / :: / CXVrVV Fire District
Legal Description
Site Add ress(Please�include str et name, streei�n mber and city) 0 .� 04- ! .� ✓t
Directions to site #cam r k " L t ' --
Will timber be cut and sold in parcel preparation? (Yes/No)
Is your property within 200'of the following: Body of Water(Name) A">C /!V L.IL7- Saltwater V
Lake River/Creek Pond Wetland Seasonal Runoff Stream Slopes or
Bluffs
PERMANENT RESIDENCE❑ SEASONAL RESIDENC
1TYPE OF JOB New Add Alt Repair Other Use of Building .
Describe Work ij+ ,ti7at
No. of Bedrooms . No. of Bathrooms SQUARE FOOTAGE-1st Floor 2nd Floor
3rd Floor Loft Basement Deck Other sq. ft.
Garage Attached Detached Carport Attached Detached
MOBILE HOME INFORMATION-Make Model Model Year
Length -Width Serial No. No. of Bedrooms No. of Bathrooms
Type of Heat -"* Purchase Price $ Replacement Unit?(Yes/No)
Installer Name Certification No.
NOTICE: THIS PERMIT BECOMES NULL&VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS OR IF
CONSTRUCTION WORK IS SUSPENDED OR ABANDONED FOR A.PERIOD OF 180 DAYS AT ANY TIME AFTER THE WORK IS COMMENCED.
PROOF OF CONTINUATION OF WORK IS BY MEANS OF A PROGRESS INSPECTION. The owner or agent on owner's behalf,represents that the
information provided is accurate and grants employees of Mason.County access to the above described property and structures for review and
inspection of this project. Acknowledgment of such is by signature below:
OWNER AFFIDAVIT-1 certify that I am exempt from the requirements of the CONTRACTOR'S AFFIDAVIT-I certify that I am currently registefed as a
Contractor Registratiorilaw RCW� .7 d am aware of the ordinance contractor in the State of Washington and that I am aware of the ordinance
requirements for which this permit is issued d that all work will be done in requirements regulating the work for which this permit is issued and all work
co ance th�ewith o changes shall be�nade without first obtaining shall be done in conformance therewith. No changes shall be.made without
ppro _ - first obtaining approval.
Date { Date
FOR OFFICIALO
L USE BEYOND THIS POINT an
Accepted by� Date ubmittal Amount Due tel!c elpt No.
»;><: I £RARTNfENTIA. RE�IJ
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Planning Department
Environmental Health Department
Public Works Department
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Fire Marshal
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TAX PARCEL NUMBER:
OWNER: T'ce.,
VIOLATION:
STATUS:
DATE: A-i 3-b 2_
SITE VISIT NOTES:
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ATTACHMENT
H
i
r MASON COUNTY' d
DEPARTMENT OF COMMUNITY DEVELOPMENT pe,4,`,r-o / s/ Gp
Planning 4-. �—
Mason County Bldg.1 411 N.5th
P.O.Box 279 Shelton,WA 98584
(360) 427-9670 Belfair(360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
October 14, 2002
Michael and Diane Tice
4840 E. Hwy. 302
Belfair,WA 98528
Michael Tice
6708 Galway Drive
Edina,MN 55439
Jim Grostick, Contractor
5940 Buckthorn Ct.NW
Olympia, WA 98502
RE: Building Permit Number BLD2002-00901; Parcel 12228-24-00060
Dear Mr. and Mrs. Tice:
On September 16, 2002, Shoreline Planner Rick Mraz forwarded a Notification of
Incomplete Application to me. The Notification was originally issued to you July 26,
2002, following his July 25,2002 field inspection. The field inspection was performed
while processing building application number BLD2002-00901. BLD2002-00901 was
submitted"after the fact"to address construction of a hot tub cover and deck
replacement.
The Notification of Incomplete Application addressed(1)the hot tub cover and(2)
"reconstructed"deck. With respect to the deck, Mr. Mraz had requested some evidence
of the size and extent of the previous deck(old photographs, etc). If acceptable proof is
provided that demonstrates that the new deck is in the same footprint and is the same
height as the original, it will be permitted.
With respect to the hot tub cover,Mr. Mraz indicated in the Notification of Incomplete
Application that the hot tub cover cannot be permitted without issuance of a Mason
County Shoreline Master Program Variance. This determination is based on the fact that
structures greater than 30' above average cannot project forward of the"common line."
Mr. Mraz included a written description of the"common line." I have enclosed a copies
of Shoreline Master Program section 7.16.080 and Resource Ordinance section 17.01.110
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for your review. SMP 17.16.080 Use Regulation 9 provides the applicable text regarding
the setback requirement. Page 51 of the same section provides a"common line"
schematic. Resource Ordinance section 17.01.110 provides requirements regarding
"shoreline buffer"areas. The structure in question is located in a regulated buffer area as
well.
As no response regarding the Notification of Incomplete Application has been received to
date,the file has been forwarded to me. Please submit the following by November 7,
2002:
• Timeline proposal for removal of the structure in question/relocation to a position
behind the"common line"; OR
• Submission of a complete SMP Variance Application that meets the provisions of
SMP section 7.28.020 (enclosed); AND
• Submission of a complete Resource Ordinance Variance Application that meets the
provisions of Resource Ordinance section 17.01.150(enclosed).
Please be aware that Variance applications are reviewed carefully to ensure that all
criteria are met by the proposal in question. Submission of a Variance application does
not guarantee approval. Variance application fees in this case are triple the standard
application fees (due to"after the fact" status) as follows:
• Shoreline Variance$1,800($600 tripled due to"after the fact"status)
• Resource Ordinance Variance$1,800 ($600 tripled due to "after the fact'status)
Please consider the information that I have provided and submit either the timeline for
removal/relocation or the appropriate permit applications by November 7, 2002. If you
I feel that you have received this letter in error,or if you have questions or concerns
regarding this matter,please contact me at(360)427-9670 ext. 593. Thank you for your
anticipated cooperation.
Sincerely,
Kristin French
Code Enforcement
**** NOTE: APPLICATION MATERIALS ENCLOSED ONLY IN MAILING
TO CONTRACTOR,JIM GROSTICK. ADDITIONAL APPLICATION FORMS
CAN BE OBTAINED AT THE PERMIT ASSISTANCE CENTER(COUNTY
BUILDING III)ON THE CORNER OF 5Tx AND CEDAR STREETS IN
SHELTON,WA.****
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UNITED SATES POSTAL SERVICE
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KRISTIN FRENCHMASON COUNTY PLANNING-
P O BOX 279SHELTON WA 98584
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4. Restricted Delivery?(Exha Fee) ❑Yes
2. 7001 1140 0003 9451 ,2549
Receipt 10250-02-M-1035
PS Form 3811,August 2001
Domestic Return
UNITED STATES POSTAL SERVICE
First-Class Idlail
Postage&Fees Paid
USPS
Permit No.G-10
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• Sender: Please print your name, address, and ZIP+4 ilboxo
f KRISTIN FRENCH
MASON COUNTY PLANNING P O BOX 279-gRRT.TON WA 98584
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MASON CC
DEPARTMI - r)m
P.O.Box 279 —J
Shefton,WA 98!
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•MASON COUNTY PERMIT NO.: BL��J?O`
-'` 711
BUILDING PERMIT APPLICATION
426 W.Cedar/PoO.Box 186,Shelton,,WA 98684
Shelton 360 427-9670 Belfair 360 2T6-4467.Elma 360 82-6269 Sea 206 464.6968
APPLICANT INFORMATI CONTRACTOR INFORMATION
Owner k l e hee r'/ ( 'T r Ct° Contractor Name c
Mailing Address G y w•s h ii. we Mailing Address__ r_"
City e(`; +. 4- State�t _^ Code�_ City * >s 4 State� Zip Code
Phone(` t;!)Other Ph.(_ Ph lo t q601 Other Ph.
Lien/Title Holder Contractor Reg.# cAcA QU^L,
Address Expiration I&
E
CMATER SYSTEM INFORMATION-Connect to New Septic Existing Septic Connect to Sewer
m Name of Sewer System Well Water System Name of
System
PARCEL INFORMATION-12 digit Tax Parcel No. IZZZ& / Zq/ Fire District
Legal Description
Site Address(Please include street name, stye n ber and city) v vL .� ✓t
Directions to site tv. k4 ,c r
Will timber be cut and sold in parcel preparation? (Yes/No)_
Is your property within 200' of the following: Body of Water(Name) C/A`> )nt L K71 Saltwater
Lake River/Creek Pond Wetland Seasonal Runoff Stream Slopes or
Bluffs
PERMANENT RESIDENCE❑ SEASONAL RESIDENC
1TYPE OF JOB New Add Alt Repair Other Use of Building
Describe Work j ; ;
No. of Bedrooms No. of Bathrooms SQUARE FOOTAGE-1st Floor 2nd Floor
3rd Floor Loft Basement Deck Other sq. ft.
Garage -Attached Detached Carport Attached Detached
MOBILE HOME INFORMATION-Make Model Model Year
Length Width Serial No. No. of Bedrooms No.. of Bathrooms
Type of Heat Purchase Price $ Replacement Unit?(Yes/No)
Installer Name Certification No.
NOTICE: THIS PERMIT BECOMES NULL&VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS OR IF
CONSTRUCTION WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER THE WORK IS COMMENCED.
PROOF OF CONTINUATION OF WORK IS BY MEANS OF A PROGRESS INSPECTION. The owner or agent on owner's behalf,represents that the
information provided is accurate and grants employees of Mason County access to the above described property and structures for review and
inspection of this project. Acknowledgment of such is by signature below:
OWNER AFFIDAVIT-I cert�that I am exempt from the requirements of the CONTRACTOR'S AFFIDAVIT-I certify that I am currently registered as a
Contractor.Registraudii Law RC m aware of the ordinance contractor in the State of Washington and that I am aware of the ordinance
quit me s for which this permit is issueb�e
that all work will be done in requirements regulating the work for which this permit is issued and all work
co rfnance t�ewith o changes shall ade without first obtaining shall be done in conformance therewith. No changes shall be made without
t ppro _ first obtaining approval.
Date � 7J !��.
X Date
r FOR OFFICI L USE BEYOND THIS POINT an a
Accepted by�Ct " - Date Ub -Zubmittal
iel!(Amount Due � '` elpt No.
lk #4RTNT >a1W
VAP :.:. ...:::.. .: .......:....:
Building Department A b i
Occ Grou Type Constr. C;
Planning Department
Environmental Health Department
Public Works Department
'Fire Marshal
s X�i fJ
Valuation $ y
Building Permit Fee Site Inspection
Plan Review Fee EH Review Fee
Plumbing&Base Fee Planning Review Fee
Mechanical&Base Fee Other
Wood/Gas/Pellet Stove Fee State Fee
Violation Fee Pre-Paid at Submittal
TOTAL FEES
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Permit Processing/Inspections/Addressing
Mason County Bldg.111426 W.Cedar
P.O.Box 186 stilton,WA 98W4
(360)427-9670 Belfair(360)275-4467 Elma (360)482-5269 Seattle (206)464-6968
July 26,2002
Jim Grostick
5940 Buckthorn Court Northwest
Olympia,Washington 98502
Re:BLD2002-00901(Hot Tub Cover)and BLD2002-00902(Deck Replacement)for Michael P.Tice
Dear Mr.Grostick,
The plans for the building permits referenced above have been reviewed. This review letter contains only those
comments related to the Building Department review and does not reflect any additional needs of the other county departments. Please review the following project data and plan review comments.
PLAN REVIEW COMMENTS:
The site plans submitted to not show enough information as to the setbacks of the structures, our records indicate
that you spoke with a planner and indicated that you would provide additional information regarding said setbacks.
Please submit a site plan showing all setback measurements.
Hot Tub Cover: The post footing dimensions are required to be a minimum of 24" x 24" x 24" or an equivalent
mass.The rest of the structure appears to be adequate providing all connections are positive.
Deck Replacement: According to my calculations, the joist support beams are overspanned or are of inadequate
strength. The span will need to be reduced or larger members need to be proposed The post footing dimensions are
required to be minimum 18"x 18"x 18"or of equivalent mass. Please confirm that the stair stringers have adequate
support. The rest of the structure appears to be adequate providing all connections are positive.
Please make the required corrections and/or clarifications and submit two sets of the plans showing the revisions,
marked on the sheets and noted with a cloud surrounding them or some other method of distinguishing the revisions.
Please be sure to reference the BID number noted above to identify the file to which all re-submitted documents
belong. Re-submitted plans are normally reviewed within 5 working days of the receipt of the revisions in our
office. If re-submittal documents are incomplete,an additional plan review fee may be charged at the rate of$52.30
per hour.
Sincere ly,
uiy Nickerson,Building Inspector
Mason County Building Department Plan Review px, h 1
Word:02-00901 02-00902 correction letter.doc
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MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Permit ProcessingAnspections/Addressing
Mason County Bidg.III 426 W.Cedar
P.O.Box 186 Shelton,WA 98584
(360)427-9670 Belfair(360) 275-4467 Elma(360) 482-5269 Seattle (206)464-69M
NOTICE OF CONTINUING VIOLATION and PENDING
ENFORCEMENT ACTION
June 25,2003 '
Owner/Applicant:
Mr. Michael Tice
6708 Galway Drive
Edina,MN 55439
Contractor:
Mr. Jim Grostick
5940 Buckthorn Court NW
Olympia,WA 98502
Site Address: 4840 East State Route 302,Belfair,Washington `
Parcel No.: 12228-24-00060
Enforcement Case No.:ENF2002-00164
Permit Case No.: BLD2003-00901 and BLD2002-00902
The Mason County Department of Community Development, Building Division, has a pending
enforcement case against
ga you. As a result of the enforcement action, a building permit was
submitted by you and has a hold status until you submit additional information. The request for this
information was previously made of you and a copy of the request is attached.
I
Pursuant to the Mason County Code, Ordinance 03-02, this department may issue civil infractions
when a violation of Title 14, Building and Construction Code, occurs. I have enclosed a copy of the
ordinance. Additionally,Title 15 of the Mason County Code also allows for the case to be heard and
penalties assessed according to Section 15.13 through the Hearings Examiner process. A copy of
that section is also enclosed.
Failure to provide the information as previously requested and reiterated with this notice within 30
days from the date of this notice, will result in enforcement action as allowed for by law and as noted
above.
If you have abated the violation by removing/demolishing the offending structure of portion thereof,
please contact this office immediately to arrange for a compliance inspection and close the
enforcement case against you.
If you should have any questions regarding this notice or the information necessary to complete the
plan review of your project,please contact Jenny Nickerson at(360)427-9670, extension 219.
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NovEMBER17,2003
MASON COUNTY
PLANNING DEPARTMENT
BUILDING DEPARTMENT
CODE ENFORCEMENT
HEARINGS EXAMINER
COMMISSIONERS
RE: BUILDING PERMIT#BLD2002-00901;PARCEL 12228-24-00060
TO ALL IT MAY CONCERN:
IN JULY OF 2002, MR.TICE WAS NOTIFIED OF A 12'X 12'NON-CONFORMING
STRUCTURE THAT WAS IN THE SET-BACK ALLOWANCES OF THE MASON COUNTY
SHORELINE PROGRAM. IT WAS BROUGHT TO MY ATTENTION LAST SUMMER BY MR.TICE,
AND I WAS REQUESTED TO RECTIFY THE SITUATION WITH THE COUNTY, SINCE MR.AND
MRS.TICE LIVE OUT OF STATE IN MINNESOTA.
AFTER NUMEROUS INFORMAL PHONE CONVERSATIONS,AND EVEN A`SIT-DOWN'MEETING
WITH THE PLANNING DEPARTMENT OVER THE SUMMER AND LAST FALL, IT WAS
DETERMINED THAT MR.TICE WOULD BE ALOWED THE SMALL HOT-TUB COVER THAT WAS
CONSTRUCTED TO BE MOVED TO THE SIDE OF HIS SUMMER VACATION CABIN,AS LONG AS
IT WAS WITHIN THE BOUNDARIES AND GUILDLINES OF THE SHORELINE PROGRAM AND
BUILDING DEPARTMENT SETBACK REQUIREMENTS.
WE THEN PROCEEDED TO CORRECT THE SITUATION BY:
1: FALL OF 2002-IMMEDIATELY AFTER NOTIFICATION, HAD DISCUSSIONS WITH
BOTH THE BUILDING DEPARTMENT AND PLANNING DEPARTMENT OF THE
VIABILITY OF A SMP VARIANCE. IT WAS DETERMINED THAT RELOCATING THE HOT
TUB AND COVER BEHIND THE`COMMON LINE"WOULD BE BOTH APPROVED AND
COST-EFFECTIVE.
2: FALL OF 2002-DISCUSSED WITH THE NEIGHBORS THE CURRENT COVER
LOCATION. NONE HAD ANY ISSUES AS TO THE LOCATION. WE ADVISED THEM THAT
WE WOULD BE MOVING THE HOT TUB TO CONFORM TO MASON COUNTY
STANDARDS.
3:WINTER OF 2002-CONDUCTED A SITE REVIEW OF THE CURRENT AREA,AND
ESTABLISHING THE NEW LOCATION OF THE HOT-TUB AND COVER TO CONFORM
WITHIN SETBACKS AND GUILDLINES.
4:WINTER OF 2002-ADVISED MR.AND MRS.TICE OF EDINA, MINNESOTA OF A "CURE'
THROUGH PHONE CONVERSATIONS AND EXPLAINATIONS. GIVEN THE APPROVAL BY
MR.TICE TO CORRECT THE SITUATION AS PER MASON COUNTY STANDARDS.
5:WINTER OF 2002-AFTER RE-EVALUATING THE SITE,WE REMOVED THE EXISTING HOT
TUB AND COVER AND REPLACED DECK BOARDS TO THE `OLD'LOCATION.
(EXISTING DECK IS NINE(9) INCHES OFF THE GROUND)
6: SPRING OF 2003-WE THEN EXCAVATED A SLAB LOCATION INTO THE `SIDE'YARD, NEXT
TO THE CABIN TO A DEPTH OF OVER TWO (2) FEET.
7: SPRING OF 2003-PLACED 5.5 SACK, 3000+PSI CONCRETE SLAB AT OVER NINE(9)
INCHES THICK INTO EXCAVATED HOLE,WITH THICKENED POST LOCATIONS OF
OVER 18'THICK. (TO SUPPORT 4 POSTS OF A 12'X 12'COVER)
8: SPRING OF 2003-SET HOT TUB TO NEW LOCATION,AND STOOD POSTS NEXT TO HOT
TUB.
9: SPRING OF 2003-REBUILT COVER OVER HOT TUB, STAYING BEHIND THE REQUIRED
`COMMON LINE'AND SETBACK REQUIREMENTS OF THE SIDE PROPERTY LINE.
10:SPRING OF 2003- SET PRESSURE TREATED DF#2 BTR 4'X12'BEAMS UNDER THE
EXISTING UPPER DECK AND PRESSURE TREATED DF#2BTR 4'X6'PURLINS FOR
CROSS SUPPORTS. REPLACED EXISTING DECK POSTS WITH PRESSURE TREATED
DF#2BTR 6'X6'POSTS ON ELEVATED POST BRACKETS AND ADDED 2 CORBELS
TO EACH POST.ALL CONNECTIONS MADE WITH SIMPSON STRONG TIES. THE
FRAMING OF THIS DECK EXCEEDS ANY UBC OR IBC CODE REQUIREMENTS.
l%M9 WAS ALL ACCOADWSMD BYAPRZG 14 8003. AT ANY TIME THIS
SPRING,SUMMER, OR FALL,ANY PERSONS FROM THE COUNTY WERE ADVISED THAT
THEY COULD REVIEW THE SITE, OR CONDUCT A SITE INSPECTION IF NEEDED.THE ENTRY
GATE TO THE PROPERTY CONSISTS OF A CEDAR FENCE/GATE,WITH NO LOCKING
MECHANISM. PERMISSION WAS GRANTED FOR ACCESS BY MR. AND MRS.TICE AND
MYSELF TO ANY AND ALL PERSONS WITH THE COUNTY IF THEY WISHED TO REVIEW THE
CORRECTIONS.THE RELOCATED HOT TUB CAN EVEN BE SEEN FROM THE ROAD,AS IT IS
NEXT TO THE HOUSE.
WITH RESPECT TO THE COUNTY,THE TICE'S ARE IN PLANNING STAGES OF
RENOVATING THE EXISTING CABIN INTO POSSIBLY A WELL APPOINTED PRIMARY
RESIDENCE.THIS WOULD NOT ONLY INCREASE THE VALUE,BUT ALSO PROPERTY TAX
REVENUE AS WELL. OBVIOUSLY, MIKE AND DIANE ARE DISSAPPOINTED WITH THE
PROCESS AND ISSUES OF THE HOT TUB COVER,AS IT HAS BEEN RECTIFIED FOR OVER
SEVEN (7)MONTHS NOW,AND ARE APPREHENSIVE OF CONTINUING ON WITH THEIR
RENNOVATION PLANS IF THIS IS EXEMPLARY OF THE COURSE OF PROCEEDINGS.
PLEASE CONSIDER THE GRAVITY OF THIS CORRECTED SMALL PROJECT. IF THERE
ARE ANY OTHER CONCERNS OR QUESTIONS REGUARDING THIS MATTER, PLEASE FEEL
FREE TO CONTACT ME AT(360)-786-8111.
SIN RELY,
JI GROSTICK
PROJECT MANAGER
RACE DEVELOPMENT
PO BOX 14205 TUMWATER,WA. 98511-4205
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From: Jenny Nickerson X✓ J l
To: Kristin French
Date: 11/18/03 9:OOAM
Subject: BLD2002-00901, BLD2002-00902
Kristin,
Mr. Grostick contacted me soon after Mr.Tice received the Notice of Continuing Violation dated June
25,2003. He stated that the documents I requested would be forwarded to me immediately. To date, I
have not received any of the documents that I have requested of Mr.Tice or Mr. Grostick. JRN
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From: Jenny Nickerson ��f
To: Kristin French V E i
Date: 11/18/03 12:33PM
Subject: Tice
Kristin, I may leave a bit early today, so if you don't reach me,the Tice file is on my desk,Jimmy
Grostick's new site plan is on top. He stated that Mr.Tice will not be at the hearing. Jimmy's card is in the
inter-office mail envelope I placed on your desk, he'd like a call to confirm what he needs tomorrow. JRN
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MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT
Belfair (360) 275-4467
Planning
Mason County Bldg.1 411 N.5th Elma (360) 482-5269
P.O.Box 279 Shelton,WA 98584 f �51 [l p s
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February 2,2004
Michael Tice
6708 Galway Drive
Edina,MN 55439
Michael and Diane Tice
4840 E.Hwy. 302
Belfair,WA 98528
Jim Grostick,Contractor
5940 Buckthorn Ct.NW
Olympia,WA 98502
RE: Tax Parcel Number 12228-24-00060,Hearing Examiner Decision HEX2003-00038
Enclosed,please find the Hearing Examiner Decision rendered in the matter heard November 19,
2003. You are required by law to abate the violations and pay the fines as specified. The fines
become liens if the fines are not paid as specified in the attached decision. If liens are imposed,
you could be required to sell your property to satisfy the liens. The fines imposed in this matter
total$500.00($250.00 fine per violation).
The$500.00 fine is due and payable on February 15,2004. In addition to the fine imposed,you
are required to reimburse Mason County for costs as detailed in the Decision. Costs awarded
total$446.70. This amount is due and payable on March 5,2004.
Please make checks or money orders payable to the Mason County Treasurer and remit payment
to:
Mason County Planning Department
ATTN: Code Enforcement
PO Box 279
Shelton,WA 98584
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Please write case number HEX2003-00038 on your check or money order to ensure that you are P
properly credited. €
Sincerely,
r
Kristin French
Planner,Code Enforcement �.