HomeMy WebLinkAbout112-01 - Ord. Amending County Development Regulations Regarding Special Use Permits ORDINANCE NO . 112 _ 01
AN ORDINANCE TO AMEND THE MASON COUNTY
DEVELOPMENT REGULATIONS REGARDING SPECIAL USE PERMITS
AN ORDINANCE to amend the Mason County Development Regulations ( Ord . No . 82 - 96) to
allow for the administrative review and approval of minor changes to existing Special Use Permits
with the concurrence of the Mason County Board of Commissioners .
WHEREAS , the Mason County Board of Commissioners adopted Ordinance No . 82 - 96 , which
among other development regulations established a Special Use Permit review process to address
those land uses which possesses unique characteristics due to size, nature, intensity of use,
technological processes involved, demands upon public services, relationship to surrounding
lands , or other factors which required consideration by the Board of County Commissioners ,
WHEREAS , the existing Ordinance No . 82 - 96 makes no provisions for minor changes to an
approved Special Use Permit, such as those provided in the Mason County Shoreline Master
Program to address minor changes which are needed but are not significant ;
WHEREAS , Mason County finds that the ability to make minor changes to an approved Special
Use Permit without requiring a lengthy and expensive public hearing process is in the public
interest as a savings to Mason County, the applicant, and the general public ,
NOW, THEREFORE, the Mason County Board of Commissioners do hereby ordain that
Ordinance No . 82 - 96 Chapter 1 . 05 be amended by the addition of Section 1 . 05 , 048 as follows :
1 . 05 . 048 Minor Amendment
A minor amendment may be made to an approved Special Use Permit, provided :
A . The Administrator determines the scope of the minor amendment, and any prior
minor amendments, does not constitute a significant change in the scope of the
approved permit or create any additional material or environmental impact on the
site , adjacent properties, or access roadways .
B . The Administrator determines the minor amendment does not create a use which is
inconsistent with the decision criteria detailed in Chapter 1 . 05 . 44 . A to 1 . 05 . 44 . 17
and the Mason County Resource Ordinance .
C . The Administrator ' s written determination regarding A and B above, the proposed
minor amendment , and the notice of date of proposed action by the Board of
County Commissioners are mailed to adjacent property owners at least ten days,
but not more than thirty days , prior to action by the Board .
D . On the date of scheduled action, after taking public comment, the Board concurs
with the written determination and approves the minor amendment .
DATED this 16th day of October 2001 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY , WASHINGTON
ATTEST :
Herb Baze , CHAIRPERSON
Clerk of the Board
APPROVED AS TO FORM : Robert Holter , COMMISSIONER
Prosecuting Attorney Wesley Johri on , COMMISSIONER
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DEPT OF COMM DEV DPC 12 . 00 Mason Cc , WA
ALTERATION TO LYNCH COVE, DIVISION IV
RESOLUTION 112 - 01
On September 9 , 1969, the Plat of Lynch Cove, Division 4 , located in Section 36 ,
Township 23 North, Range 2 West, W . M . , was recorded in Volume 8 page 43 records of
Mason County, Washington ,
WHEREAS , The Dedication included in Lynch Cove, Division 4 , is as follows :
Know all men by these presents that Alan A, Bowden and Wanda L . Bowden, President
and Secretary Treasurer respectively of M & A development corporation, a Washington
Corporation, the undersigned, owners in fee simple of the land hereby platted and Sidney
M Casteel, Marjorie D Casteel, his wife mortgagees, A. G. Goed and Harry Speiser,
President and Secretary respectively of Pacific Small Business Investment Company , a
Washington Corporation mortgagees, thereof hereby declare this plat and dedicate to the
use of the public forever all streets, avenues, places and sewer easements or whatever
public property there is show on the plat and the use thereof for any and all public
purposes not inconsistent with the use thereof for public high-way purposes . Also the
right to make all necessary slopes for cuts & fills upon lots, blocks, tracts, etc . , shown on
this plat in the reasonable original grading of all the streets, avenues, places, etc . shown
hereon . Also the right to drain all streets over and across any lot or lots where water
might take a natural course after the streets are graded .
WHEREAS , The final plat contains EASEMENT PROVISIONS , which state :
Easements within 5 feet of all lot lines (or 10 feet where the property line is not common
with another lot) are hereby reserved for drainage, water system lines, storm sewers, and
utilities, including the right of maintenance .
WHEREAS , RCW 58 , 17 , 215 - Alteration of subdivision - Procedure, provides a method
by which a person interested in the alteration of any subdivision or the altering of any
portion thereof may proceed ,
WHEREAS , William and Kathleen Shutters, owners of Lots 24, and 25 in the Plat
of Lynch Cove, Division 4 , has made application with the Mason County Board
of County Commissioners requesting an alteration to the easement running
approximately northwest to southeast 154 feet between these said lots, for the
purpose of combining lots through a Declaration of Parcel Combination ;
WHEREAS , the application contains the signatures of the majority of those persons
having an ownership interest of lots, tracts , parcels, sites , or divisions in the subject
subdivisions or portion thereof,
WHEREAS , Lynch Cove Home Owners Association, Aquarius Water Company, PUD
#3 , and Qwest Communications have relinquished their interests in the easement;
WHEREAS , the Mason County Board of County Commissioners did notify the affected
landowners as required by RCW 58 . 17 . 2151
WHEREAS , a public hearing was held on October 9, 2001 , at 9 : 15 am, in the
Commissioners Chambers ;
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too 3 WHEREAS , after due consideration it appears to be in the best public interest to approve
o a 0 the request made by William and Kathleen Shutters ;
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a a NOW THEREFORE BE IT RESOLVED that the Board authorizes the alteration of the
previously described 5 foot easements between Lots 24 and 25 in the Plat of Lynch Cove,
Division 4 , with the understanding that the easement is being removed for the purpose of
�N performing a Declaration of Parcel Combination .
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PASSED IN REGULAR SESSION this 9th day of Sepatem43� 2001 .
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APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
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Prosecuting Attorney CHAIRMAN
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COMMISAIONER
ATTEST :
CLERK OF THE BO dW COMMISSIONER