HomeMy WebLinkAboutVAR2023-00001 - VAR Application - 5/15/2023 MASON COUNTY Mason County Permit Center Use:
COMMUNITY DEVELOPMENT VAR AO,'A;� - 0000
Date Rcvd:
Permit Assistance Center, Building,Planning RECEIVED
MAY 15 2023
Resource Ordinance Variance: $2,000
Habitat Management Plan: $1,500 615 W. Alder Street
Public Hearing: $2,330
Applicant will also be billed for advertising costs.
Resource Ordinance Variance Application
The purpose of this application is to allow the County to consider requests to vary or adapt
certain numerical standards of the Resource Ordinance where the strict application would deprive
property owners of reasonable use of their property.
A public hearing accompanies Variances and application for a Variance does not guarantee approval.
Applicant Name kthUS 4-lC/VK `. Ie—
Property Owners IL��d E �LTNIO = ( 2.1^yts (�G2
Mailing Address P) 6cx 150 7 O ck k l WA q-Z3 Sq
Phone 1 _ _ Phone 2 253.2Z5. 3 494 Email ►b S C1.h Qn k�xws hemtQ_S lnC,
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Site Address ..1-150 (31d RJe_ C QLA 4AMM &jr,�_
Taz Parcel# L �"1 . - 43 - O nio
Legal Description Tli2 `1 OF S l u k/y :rW_ a S u.ry" 2 I i t t '(k_oC 12 AC SIP #'Z1 1
Project Description rjjw \LtOA S9 Q-V 3 V YUUYYI VNC)y %t W`c� �--
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Rev. August 2017 Page ] of 3
❑ Please provide a site plan that includes the following:
1. Indicate Scale and North Arrow.
2. Property line dimensions,easements,and right-of-ways.
3. The location of all existing and proposed structures.Include square footage of existing and proposed
structures.
4. Setback distance,in feet from all property lines and structures.
5. Existing and proposed road access to and from the site.
6. Parking spaces.
7. Location of on-site sewage tanks and drainfields.
8. Location of drinking water supply.Include location on the proposed site and surrounding parcels.
9. Steep bluffs,wetlands,streams,and bodies of water.
10. Surface and storm water run-off routes.
❑ On a separate piece of paper(#of pages attached: ), please explain the reason for the
Variance request and respond to the following:
1. Describe the specific modification from the terms of the Chapter required.
2. Describe the reasons for the variance.
3. No variance shall be granted unless the County makes findings of fact showing that certain
circumstances exist. Please address each of the following standards and how the proposal pertains to
these circumstances.
a. That the strict application of the bulk, dimensional or performance standards precludes or
significantly interferes with a reasonable use of the property not otherwise prohibited by County
regulations;
b. 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 County regulations,and not, for example, from
deed restrictions or the applicant's own actions;
c. 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 environment;
d. 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;
e. That the public interest will suffer no substantial detrimental effect;
f. No variance shall be granted unless the owner otherwise lacks a reasonable use of the land. Such
variance shall be consistent with the Mason County Comprehensive Plan, Development
Regulations, Resource Ordinance and other county ordinances,and with the Growth Management
Act. Mere loss in value only shall not justify a variance.
❑ Provide a list(preferably printed on mailing labels or legal sized envelopes)of all property owners'
mailing addresses within 300 feet of your parcel boundaries. Addresses are to be obtained from the
Mason County Assessor's Office,Bldg. 1.
Applicant(s) Signature Date
Rev. August 2017 Page 2 of 3
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03EXISTING ONDITIONS
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Longview,WA 96632 REO.BY:JRB Kings Homes Inc,Old Belfair Hwy
Pro—G60)M-1371 PRI.MGR:JRB Josiah Kipperberg
SCALE IN FEET Fac.(360)414-930S CHIC Mason County,Washington
"^""•°`=-1a•'d-CO"' PROJECT NO: Section 17.Township 23N.Range 1W.W.M.
�t 3627.04
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Site Boundary
-- Parcel Boundary
- -- -- Existing Driveway and Clearing
Clearing Limits 2006 I
Wetland Boundary
Approx.Wetland Boundary
Wetland Buffer
---E— Stream with Flow Direction
- ---- Stream Buffer /
--.--.—«- Ditch with Flow Direction
OHWM /
FEMA Floodplain /
----••— FEMAFloodway \
200'Shoreline Jurisdiction / \
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> —x Culvert
•fP-t— Test Plot Location — —
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i Wetland A:
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Forested w/3 layers
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DATE:4I623 Figure 2
,w\ n s73rd AvL,sane uoA DWN: STB EXISTING CONDITIONS
n0 80 160 Ipigvfew,WA 98632 REG.aY:JRB Kings Homes Inc.pOlder er Nair Hwy
Phone:t36o1 S78-i 37: PRJ.MGR:JRB Josiah Kipperberg
SCALE IN FEET rax.(363)414-9303 CHK Mason County.Washington
"'""'r`O4"d-Cp1 PROJECT NO: Section 17.Township 23N.Range 1W,W.M.
�i�� 3627.04
Mason County Resource Ordinance Variance Application
Variance Standard Criteria
No variance shall be granted unless the County makes findings of fact showing that certain
circumstances exist. Each of the variance standards are addressed below per Resource
Ordinance Variance Application.
a. That the strict application of the bulk, dimensional or performance standards precludes or
significantly interferes with a reasonable use of the property not otherwise prohibited by
County regulations.
The property for which this variance is requested is 4.05 acres in size and a single-family
home is proposed in the very southwest comer and totals about 12,026 square feet of
impact, which is about 7 percent of the property, to construct a single family home, install
a septic system drainfield, and create a small area of recreational yard. The entire property
is composed of critical areas that include Wetland A across the north half, Offsite Wetland
1 to the south, a Type F stream on the east half, and mapped floodplain. Additionally, the
200-foot shoreline jurisdiction extends across the entire south half of the property due to
the proximity to the Union River and its floodway. The mapped floodplain extends into
the proposed homesite. Because of the extent of buffers from on and offsite critical areas,
the entire upland portion of this property is composed of buffer and reductions needed
exceed the administrative reduction options,which is why the variance is being requested.
b. 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 County regulations, and
not,for example from deed restrictions or the applicant's own actions.
The changes to floodplain and floodway maps in addition to changes in require buffer
widths has created the hardship currently experienced on this property. When the garage
was constructed, the buffers were likely much lower and either did not extend onsite or
were narrow enough that there was buffer applied for the garage. The current buffer widths
of 110 feet(Wetland A;Offsite Wetland 1)to 150 feet(Stream 1)extend pretty much across
the entire southwest comer and none of the features currently proposed can be constructed
outside the buffers. There are no alternatives to the construction of the single-family home
at the southwest corner that will avoid all impacts to critical area buffers.
c. 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 environment.
The adjacent properties contain single family homes that have a similar position near the
Union River and the recently delineated wetlands and streams. This project will impose no
adverse effects to the adjacent properties because they are either upslope from the homesite
or are separated by ditches that will ensure no new water enters these properties.
Additionally,the vegetation along the property lines and within Wetland A will be retained
and provide a buffer to onsite construction and residential activities.
d. 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.
This variance is requested to allow construction of a single-family home that will comprise
about 7 percent of this 4.05-acre property. Other properties in the area would be awarded
the same opportunity for development if needed. There is no alternative available that
avoids impacts to critical area buffers or that allows for administrative alterations of the
buffer widths needed to accommodate the home near the existing garage that may be
available to other property owners in this area.
The variance is requested to facilitate construction on a small part of this 4.05-acre property
that is completely constrained by critical areas and buffers. Other alternatives to the current
proposal were explored(moving the house closer to Old Belfair Highway and reducing the
front yard setback), but they presented additional impacts to critical areas and reduced
safety of the future residents because a shortened driveway and less turn around area was
the result. This location also was within the buffer of Wetland A; the current proposal
avoids most of the impacts to the buffer of Wetland A. Therefore,this proposal was deemed
the minimum necessary to afford relief while ensuring safer entrances onto the highway for
the future residents and reduced impacts to the onsite critical areas and buffers.
e. That the public interest will suffer no substantial detrimental effect.
This project will not affect the public interest because it is a privately owned property that
has not been used by the public to access the Union River. No other public interests are
within this area or have access through this property. Detrimental water quality impacts
are of public concern and because there are existing ditches and a stormwater plan is
proposed to reduce the discharge of potentially polluted water,water quality impacts to the
Union River from this project will be minimal. This project will also not impact habitat
currently utilized by endangered, threatened, or sensitive species because it will not result
in a loss of habitat or vegetation communities.
f. No variance shall be granted unless the owner otherwise lacks a reasonable use of the land.
Such variance shall be consistent with the Mason County Comprehensive Plan,Development
Regulations, Resource Ordinance and other county ordinances, and with the Growth
Management Act. Mere loss in value only shall not justify a variance.
A single family home is proposed on the southwest corner of the property in keeping with
the zoning and shoreline management program requirements. The project appears to be
consistent with all the regulations and plans in force within Mason County because it
proceeded through the administrative processes to achieve onsite development. The variance
process was then initiated because administrative options did not result in building options
outside the buffers. In keeping with the mitigation strategy, the project has avoided and
minimized the impacts and proposes compensation by providing alternate resources. The
variance requested is the minimum necessary to achieve development on this property while
avoiding most of the impacts to the on and offsite critical areas and all onsite buffers.
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.
Billing Address:
Kina's l ly, Email: los G h(��IZ.t_nas homp_S L,M e om
Ij
Po ex& 5 4-1
Q laARL UA cI 35q Phone: 253 125- _56(14
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
AFFIDAVIT OF POSTING NOTICE
STATE OF WASHINGTON J
) ss:
COUNTY OF MASON )
RE: (Parcel#or Address of Site): 123174300070. 1750 NE Old Belfair Hwy, Belfair,WA 98528
I, Julie Lewis , Planner for Mason County, do hereby certify that I have posted 1 copies
of the attached:
Notice of Application and Public Hearing
On this 9th day of June , 2023, 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 51h St—Shelton,WA]
o One at
In witness whereof, the party has signed this Affidavit of Posting Notice this day of
20'23
Signed by Julie Lewis
Mason County Community Services Department
615 W. Alder St—Shelton, WA 98584
Subscribed and sworn before me this 15 day of_ ,-,,,,.` ,
20 23 , I certify that �.\k Pw\sn� signed this document.
E.N SM/Ty '� -�
�•oe�n•� ,�.•.• '� NOTARY PUBLIC in and for the State of Washington,
:•�2° NOTARY ;
—�� Printed Name of Notary: e.
uS residing at: minon C,0\)n:1nl
"o
My My Commission Expires: Nov 30, 202,V-
(niGi n°>►iFii� ������
I
PUBLIC NOTICE
Notice of Application and Public Hearing
Notice is hereby given that Kings Homesanc,
who is the applicant for the following propos-
al;has filed an application for Resource Or-
dinance Variance.Permit (VAR2023-00001)
to construct a new single-family,residence
100 feet from a fish stream. Other permit
requirements include but are not limited to
Masdn County building permit. A Habitat
Management Plan has been prepared for
the project. Location: 1750 NE Old Belfair
Hwy, Belfair, WA Parcel Numbers: 12317-
43-00070 Date of Application:May 15,2023
Date of Complete Application:May 15,2023
Notice of Application/Complete Application:
June 8, 2023 The proposed development is
reviewed under the applicable chapters of
I the Resource Ordinance and Title 15 Regu-
lations. The proposal requires Hearing Ex-
aminer approval. Project is SEPA exempt
per WAC 197-11-800(1)(b). Any person de-
siring to express their view or to be notified
of any additional hearings on the application
should join the virtual Public Hearing via
Zoom or attend the hearing at 411 N 5th St,
Shelton, WA on Wednesday, July 12, 2023,
at 1:00 pm or ahead of the hearing, to view
application materials or submit questions'
or written comments contact: Mail Julie
Lewis, Planner Mason County Community
Development 615 W. Alder St., Shelton,
WA 98584 Email and Phone JLewis®Ma-
sonCountyWA.gov 360-427-9670 ext. 357
A Public Hearing will be held on Wednes-
day,July 12,2023,at 1:00 pm by the Mason
County Hearing Examiner on the proposed
project via Zoom and at 411 N 5th St, Shel-
ton, WA. Directions'on how to access the
hearing Will be located on the Mason Coun-
ty 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 applica-
tions will be made within 120 days of the
date of the complete application and copies
of the decision may be obtained by contact-
ing the Planner listed above or by visiting
the Planning Department at the above ad-
dress during normal business hours. Deci-
sions.are final and subject to Superior Court
or the appropriate administrative agency as
regulations apply.
I 4105 June 8 1t
SENDER: ) ,2'5 (T
SECTION . DELIVERY
■ Complete items 1, 2,and 3.Also complete A. Signature a
item 4 if Restricted Delivery is desired. I ' - i El Agent
■ Print your name and address on the reverse X tM'/10 Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑ Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
.� • C, �`i
0-�4vVXan T(ullA C L 0
t) r�� to3
3•5�� U;ri f A U p 3. Service Type
❑ Certified Mail e
❑ Registered ❑ rrr ceipt for Merchandise
❑ Insured Mail ❑ C.O.D.
(� J 1 -7_L(3_- C'�—D-7 U 4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) 7003 0500 0000 9484 3867
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
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