HomeMy WebLinkAboutSHR2021-00021 - SHR Permit / Conditions - 10/21/2021 4PMASON COUNTY
COMMUNITY SERVICES
Building,Planning,Environmental Health,Community Health
Notice of Decision
Shoreline Variance Permit
SHR2021-00021
Notice is hereby given that Fredrick Rose, who is the applicant for the above referenced permit, has
been granted conditional approval for Shoreline Variance Permit to develop a single-family residence
within 50 feet of Cranberry Creek at its closest point on an undeveloped lot.The application is approved
subject to all of the conditions listed by the Hearing Examiner within the Findings of Fact, Conclusions of
Law and Final Decision, dated 12/21/2021
This shoreline variance permit decision is final and subject to appeal to the Washington State Shoreline
Hearings Board as governed by Chapter 90.58 RCW.The shoreline variance permit is subject to the
approval of the Washington State Department of Ecology.Appeal deadlines are short and procedures
strictly construed. Anyone wishing to file an appeal of this decision should consult with an attorney to
ensure that all procedural requirements are satisfied.
Time Limit for Action. Per the Mason County Code Title 15- Development Code - No permit authorizing
construction shall extend for a term of more than five years. If actual construction of a development for
which a permit has been granted has not begun within two years after the approval, the Hearing
Examiner shall review the permit and upon a showing of good cause, may extend the initial two-year
period by permit for one year. Otherwise,the permit terminates; PROVIDED that no permit shall be
extended unless the applicant has requested such review and extension before the Hearing Examiner
PRIOR to the expiration date.
Please contact Malissa Paulsen of the Mason County Department of Community Development at(360)
427-9670, ext. 282 or mpaulsen@masoncountywa.gov, with any questions on this issue.
MASON COUNTY
• COMMUNITY SERVICES
Building,Planning,Environmental Health,Community Health
Notice of Application and Public Hearing
Notice is hereby given that Fredrick Rose,who is the applicant for the following proposal, has filed an
application for Shoreline Variance (SHR2021-00021)to develop a single-family residence within 53 feet of
Cranberry Creek at its closest point on an undeveloped lot.
Location: 422 E old Lyme Rd, Shelton,WA 98584
Parcel Number(s): 32127-53-00207
Date of complete Application: 10/29/2021
The proposed development is reviewed under the applicable chapters of the Shoreline Master Program,
Resource Ordinance, Title 15, and Shorelines of Statewide Significance Regulations.The proposal requires
Hearing Examiner approval, with final approval with the Department of Ecology.
Project is SEPA exempt per WAC 197-11-800(1)(b).
Any person desiring to express their view or to be notified of the action taken on the application should join the
virtual Public Hearing via Zoom on Wednesday December 8, 2021,at 1:00 pm or mail comments or questions
to:
Mail Email
Malissa Paulsen, Planner Malissa Paulsen, Planner
Mason County Department of Community Services mpaulsen masoncountywa.gov
615 W.Alder St.
Shelton WA 98584
A Public Hearing will be held on Wednesday December 8, 2021,at 1:00 pm by the Mason County Hearing
Examiner on the proposed project via Zoom. Directions on how to access the hearing will be located on the
Mason County website at https://www.masoncountywa.gov/hearings-examiner/index.php under the
appropriately dated agenda, or you can call the Hearing Examiner Clerk at(360)427-9670 Ext. 365 for
assistance.Written or oral testimony will be accepted up to the close of the hearing.
A decision on these applications will be made within 120 days of the date of the complete application.
Public Health Community Development
(Community Health/Environmental Health) (Permit Assistance Center/Building/Planning)
415 N.6`h Street—Shelton,WA 98584 615 W.Alder Street—Shelton,WA 98584
Shelton:360-427-9670,Ext.400 Shelton:360-427-9670,Ext.352
Belfair:360-275-4467,Ext.400 Belfair:360-275-4467,Ext.352
Elma:360-482-5269,Ext.400 Elma:360-482-5269,Ext.352
AFFIDAVIT OF POSTING NOTICE
STATE OF WASHINGTON )
) ss:
COUNTY OF MASON )
RE: (Parcel#or Address of Site): 422 Olde Lyme Rd,Shelton,WA 98584
I, Malissa Paulsen, Planner for Mason County, do hereby certify that I have posted 1
copies of the attached:
Notice of Application and Public Hearing
On this 2hday of NUYP,Mb?X , 20 21 , in 2 conspicuous places as follows:
o One at The Site
o One at The Mason County Building One's Public Bulletin Board [411 N 5th St—Shelton,WAl
o One at
In witness whereof,the party has signed this Affidavit of Posting Notice this 2n4 day of
I C)VQ YV�.E'�Q r , 20
Signed by Malissa Pa sen
Mason County Com unity Services Department
615 W. Alder St—Shelton,WA 98584
Subscribed and sworn before me this Zi%A day of NWtw oer
20 21 , I certify that ,SSo_ signed this document.
�o +,�kP s NOTARY PUBLIC in and for the State of Washington,
g N0TAq,,
Printed Name of Notary: CiGt yl2 �t �ay SSC
PUBLIC residing at:
,r�s9�•' 29 My Commission Expires: I Z 2 2
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RECEIV ID
MASON COUNTY 0C;C 2 1 2021
COMMUNITY SERVICES
915 VV. E>4r.r 0c, .4
\ % Building,Planning,Environmental Health,Community Health
`_ 615 W.Alder St.—Bldg.8,Shelton,Wa 98584
Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 Ald
PERMIT NO.: &021..00021
SHORELINE PERMIT APPLICATION
SHORELINE PERMITS
CONDITIONAL USE* SUBSTANTIAL DEVELOPMENT
VARIANCE* X EXEMPTION
The Washington State Shoreline Management Act(RCW 90.58) requires that substantial developments within designated
shorelines of the state comply with its administrative procedures (WAC 173-14) and the provisions of the Mason County
Shoreline Management Master Program. The purpose of this Act and local program is to protect the state's shoreline
resources. The program requires that substantial development (any development of which the total cost or fair market
value exceeds $7,047.00 or materially interferes with the normal public use of the water or shorelines of the State be
reviewed with the goals, polices, and performance standards established in the Master Program.
Answer all questions completely. Attach any additional information that may further describe the proposed development.
Incomplete applications will be returned.
*Shoreline Variances and Conditional uses require public hearings and have additional pages that shall be
attached to this application.
APPLICANT: Fredrick Rose
ADDRESS: PO Box 284
(street)
Spanaway WA 98387
(city) (state) (zip)
TELEPHONE: (253) 847-2308
(home) (business)
AUTHORIZED REPRESENTATIVE: Rob Nagel -Arctos Aerial
ADDRESS: PO Box 2466
(street)
Shelton WA 98584
(city) (state) (zip)
TELEPHONE: (360)229-3118
PROPERTY DESCRIPTION:
General location(include property address, water body and associated wetlands—identify the name of the shoreline):
422 E Old Lyme Rd, Shelton, WA 98584. The shoreline is Cranberry Creek.
Rev. March 1, 2018
t
Include all parcel numbers: Projects located in open water areas, away from land shall provide latitude/longitude.
32127-53-00207
OWNERSHIP: Contract
Applicant X Owner Lessee Purchaser (identify) Other
Owner:
(street) (city) (state) (zip)
DEVELOPMENT DESCRIPTON:
Development proposal (identify and describe the proposed project, including the type of materials to be used, construction
methods, principle dimensions, and other pertinent information):
The applicant proposes the placement of a 912ft2 manufactured SFR within the regulatory buffer of Cranberry Creek.
The structure is proposed 53ft from the OHWM of the stream at its closest point.
Existing Use(identify current use of property with exist improvements):
The lot is currently used as a recreational/camping site. However, an approved septic system is already installed onsite.
Reason for requesting development:
The applicant wishes to build a SFR and otherwise lacks a reasonable use of the property as defined in the Mason County Resource
Ordinance and the Mason County Shoreline Master Program.
The applicant shall provide, at a minimum, the following information:
a. SITE PLAN -drawn to scale and including:
i. The boundary of the parcel(s)of land upon which the development is proposed;
ii. The ordinary high water mark(OHWM). This may be an approximate location provided, that for
any development where a determination of consistency with the applicable regulations requires a
precise location of the OHWM the mark shall be located precisely and the biological and
hydrological basis for the location as indicated on the plans shall be included in the development
plan. Where the OHWM is neither adjacent to or within the boundary of the project, the plan shall
indicate the distance and direction to the nearest OHWM of a shoreline;
iii. Where appropriate, the proposed land contours using five-foot intervals in water area and ten-foot
intervals on areas landward of OHWM, if development involves grading, cutting, filling, or other
alteration of land contours;
iv. The dimensions and location of existing structures which will be maintained;
V. The dimensions and locations of proposed structures; parking and landscaping;
vi. The location of proposed utilities, such as sewer, septic tanks and drain fields, water, gas and
electricity;
vii. The location, source, composition, and volume of fill material;
viii. The location, composition and volume of any extracted materials, and proposed disposal area;
b. CROSS SECTION, drawn to scale including:
i. The existing ground elevations;
ii. The proposed ground elevations;
iii. The location and height of existing structures;
iv. The location and height of proposed structures;
V. The OHWM.
c. VICINITY MAP, including:
i. The location of subject parcel using natural points of reference(roads, state highways, prominent
landmarks, etc.).
ii. If the development involves the removal of any soils by dredging or otherwise, identify the
proposed disposal site on the map. If disposal site is beyond the confines of the vicinity map,
provide another vicinity map showing the precise location of the disposal site and its distance to
nearest city or town.
iii. On the map, or separately, give a brief narrative description of the vicinity of the proposed project
including identification of the adjacent uses, structures and improvements, intensity of
development and physical characteristics.
d. ADJACENT LANDOWNERS. Provide names and mailing addresses of all real property owners
within 300 feet of property line boundaries where development is proposed.
ACKOW LEDGEMENT:
I hereby declare, to the best of my knowledge and belief, the forgoing information and all attached information is true and
correct.
(Applicant or Authorized Representative) (date)
Publication Cost Agreement
Publication cost is the responsibility of the applicant. Final permit processing will not occur until advertising fees have
been paid to the newspaper by the applicant.The Shelton-Mason County Journal will bill the applicant directly.
I/WE understand that I/WE must sign and date the attached acknowledgment indicating and that I/WE understand that
is MY/OUR responsibility. I/WE must submit the signed page as part of application in order for it to be considered as
complete.
Signature of Property Owner Date Print Name
OR
Signature of Applicant Date Print Name
MASON COUNTY
COMMUNITY SERVICES
Building,Planning,Environmental Health,Community Health
615 W.Alder St.—Bldg.8,Shelton,Wa 98584
Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798
ADDITIONAL INFORMATION FOR SHORELINE VARIANCE
The purpose of a Variance Permit is strictly limited to granting relief to specific bulk,dimensional or
performance standards set forth in the Master Program,where there are extraordinary or unique
circumstances relating to the property such that the strict implementation of the Master Program would
impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020.
Variance permits should be granted in circumstances where denial of the permit would result in a
thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate
that extraordinary circumstances shall be shown and the public interest shall suffer no substantial
detrimental effect.
Variance Permits for development that will be located landward of the ordinary high water mark
(OHWM),except those areas designated as wetlands, may be authorized provided the applicant can
demonstrate all of the following:
1. That the strict application of the bulk,dimensional or performance standards set forth in the Master
Program precludes or significantly interferes with a reasonable use of the property not otherwise
prohibited by the Master Program;
The 150ft buffer on Cranberry Creek completely encompasses the subject parcel. There is no way for the
applicant to exercise a reasonable use of their property without a reduction in the buffer.
2. That the hardship which serves as a basis for the granting of the variance is specifically related to the
property of the applicant, and is the result of unique conditions such as irregular lot shape,size,or
natural features and the application of the Master Program,and not,for example from deed restrictions
or the applicant's own actions;
The applicant is the owner of the property. The hardship is due to the small size of the Lake Limerick lot
which was established before the 150ft stream buffer was established.
3. That the design of the project will be compatible with other permitted activities in the area and will
not cause adverse effects to adjacent properties or the shoreline environment;
Rev.March 1,2018
The applicant proposes the placement of a manufactured SFR 53'away from the OHWM of Cranberry
Creek within the Lake Limerick Community. There are several existing SFRs this close or closer to the creek. The
will be placed as far from the creek as feasible. Mitigation measures in the HMP will result in no net-loss of ecological function.
4. That the variance authorized does not constitute a grant of special privilege not enjoyed by the
other properties in the area, and will be the minimum necessary to afford relief;
The proposed building site is as far from the creek as feasible given the constraints on the lot. The lot line
setbacks and drainfield setbacks preclude the structure from being placed any farther from the creek. Several existing houses
within the Lake Limerick Community are located this close and closer to the creek.
5. That the variance requested is the minimum necessary to afford relief;
The proposed building site is as far from the OHWM of Cranberry Creek as feasible. The requested reduction
in the buffer distance is the minimum necessary in order to place a home on this lot. The proposed structure is also limited to
912ft2 in order to minimize the impact on the stream buffer.
6. That the public interest will suffer no substantial detrimental effect;
The existing building site has a few mature trees and no understory. Mitigation measures proposed in the
associated HMP will result in a no net-loss to the stream buffer's ecological functions and fish and wildlife habitat.
Variance Permits for development that will be located either waterward of the ordinary high water
mark, or within wetlands, may be authorized provided the applicant can demonstrate, in addition to
Items 1-6 above,that:
1. The strict application of the bulk, dimensional or performance standards set forth in this master
program precludes all reasonable use of the property;
N/A
2. The public rights of navigation and use of the shorelines will not be adversely affected by the
granting of the variance;
N/A
Page 2 of 3
In the granting of all Variance Permits,consideration shall be given to the cumulative impact of
additional requests for like actions in the area. For example, if variances were granted to other
developments in the area where similar circumstances exist the total of the variances should also
remain consistent with the policies of RCW 90.58.020 and should not produce substantial adverse
effects to the shoreline environment.
ACKOWLEDGEMENT
I hereby declare, to the best of my knowledge and belief, the forgoing information and all
attached information is true and correct.
g2rt 1��zi���)
(property owner or authorized representative) (date)
Page 3 of 3