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HomeMy WebLinkAboutDDR2014-00020 Decision - DDR Reports - 7/21/2014 TO BE KEPT IN THE PARCEL FILE 1 V�j i-w o0o Xaw BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts,Hearing Examiner 3 4 RE: Dwight and Kathryn FINDINGS OF FACT,CONCLUSIONS 5 Wahlborg OF LAW AND FINAL DECISION 6 Special Use Permit #DDR2014-00020 7 8 INTRODUCTION 9 The applicants seek a special use permit(SUP) for to convert an existing cottage to an 10 accessory dwelling unit (ADU) at 18530 E. State Route 106, Belfair. The SPU is approved with conditions. 11 12 ORAL TESTIMONY 13 Allan Borden, Mason County planning staff, entered the staff report and exhibits. 14 Mr. Borden confirmed that the adjoining lots are developed but are large and heavily buffered with vegetation. 15 EXHIBITS 16 All seven exhibits identified in the Case Index to the staff report dated July 8, 2014 17 were admitted into the record during the hearing. 18 FINDINGS OF FACT 19 Procedural: 20 1. AAwlicant. The applicants are Dwight and Kathryn Wahlborg. 21 2. Hearing. A hearing was held on the application on July 21, 2014, at 1:00 22 p.m., in the Mason County Board of Commissioners Meeting Chambers. 23 Substantive: 24 3. Site/Proposal Description. The applicants seek a special use permit(SUP) 25 to convert an existing cottage to an accessory dwelling unit (ADU) at 18530 E. State Route 106, Belfair. The sewer and water connections and driveway are now existing. An existing 879 square foot primary residence (two-story) is located approximately SUP/ADU P. 1 Findings, Conclusions and Decision 20.5 feet to the northeast of the existing cottage structure. See site plan in the 1 application(Exhibit 2). 2 The subject parcel is 212 feet wide at the highway side, 250 feet deep on the east side 3 and 150 feet deep at the west side and is sloped at less than 15 percent to the north (Exhibit 2). The primary residence was a garage and then was converted to a second 4 floor living area as constructed in 2002. The small cottage is the second residence on the property. The applicant has decommissioned a third building(523 sq. ft.) from an 5 un-permitted small cabin to a workshop. 6 The owner is residing in the principal residence on the property. The size of the 7 proposed ADU is 582 sq. ft. in habitable area, or 66% of the primary residence size (Exhibit 2). The existing cottage structure is 50 feet from the north property line 8 (State Route 106) and 13 feet from the southeast property line. The existing cottage has one bedroom and one bathroom and proper water and sewer connections. No 9 recreational vehicle will provide the proposed ADU structure. Once approved, the 10 Proposed ADU will be the only ADU structure on the property. A parking area for the proposed ADU will be next to the existing garage structure. 11 4. Characteristics of the Area. The area is characterized by medium-density 12 rural residential development(one dwelling per two acres)already in an area zoned as Rural Residential 5. The vicinity (Exhibit 3) is 2 miles southwest of Belfair and 13 accessed by the paved roads(State Route 106). Nearly every parcel in this portion of 14 Mason County has a residence, garage, or agricultural building(Exhibit 4). 15 5. Adverse Impacts of Proposed Use. According to the information provided by staff in its report and testimony, there does not appear to be an impact on 16 surrounding properties for traffic, parking, or drainage. This is apparent from the site plan and aerial photograph, which diagram the surrounding area adjacent to the 17 subject parcel (Exhibits 3 and 4). The neighboring parcels are relatively all large and 18 the subject ADU would be shielded from adjoining properties by extensive vegetation. Given the spacing of homes on those parcels that are developed, the 19 increase in density proposed by the applicant should not be noticeable to surrounding residences. Consistent with this, no comments from the public at large have been 20 received. Sewer and water connections are already in service and the staff reports that 21 the proposal will not lower level of service standards below adopted minimums for parks or transportation facilities. Given these factors, the proposal creates no 22 discemable adverse impacts. 23 CONCLUSIONS OF LAW 24 Procedural: 25 1. Authority of Hearing Examiner. MCC 15.03.050(10) and 17.05.42 provide the Examiner with the authority to review and act upon Special Use Permits. SUP/ADU p. 2 Findings, Conclusions and Decision Substantive: I 2. Zoning. The area is zoned as Rural Residential 5. 3. Review Criteria and Application. MCC 17.03.029 governs ADUs in rural lands. Under MCC 17.03.029, ADUs in rural lands shall be subject to a Special Use 4 Permit, unless they are located in the shoreline jurisdiction, in which case they are subject to a shoreline permit. The proposed ADU is not within 200 feet of the shoreline and, therefore, shall not be reviewed per the Shoreline Master Program 6 policies and use regulations. The review criteria for the Special Use Permit application are governed by MCC 17.05.044. These criteria, in addition to 7 miscellaneous criteria for all Hearing Examiner decisions, are quoted and addressed below. 8 9 MCC 17.05.044 SPECIAL USE REVIEW CRITERIA: (1) That the proposed use will not be detrimental to the public health, safety and welfare. 11 4. There are no significant adverse impacts associated with the proposal as 12 determined in Finding of Fact No. 5. Given these factors, there will be no 1 detrimental impact to the public health, safety, and welfare as a result of the proposed ADU. 14 (2) That the proposed use is consistent and compatible with the intent of the 15 Comprehensive Plan. 16 5. The ADU is consistent and compatible with the intent of the 17 Comprehensive Plan. Chapter 9 of the Mason County Comprehensive plan provides that ADUs should be permitted "when minimal impact would occur to surrounding 18 areas. The cumulative impact of like structures on neighboring properties must be considered. " As noted in the Findings of Fact, the size of the proposed ADU is 19 relatively small, but it will be in an area characterized by relatively large lots compared to the size of the ADU being proposed. Due to the large lot sizes, no -� adverse cumulative impacts are anticipated. As further found, the ADU will not 21 create any adverse impacts and hence will have minimal impacts on surrounding areas. Given these factors,the approval of other ADUs in the area also will not create 22 any cumulative adverse impacts. 23 (3) That the proposed use will not introduce hazardous conditions at the site that 24 cannot be mitigated through appropriate measures to protect adjacent properties and the community at large. 6. No hazardous conditions are expected, nor have any been identified as a result of the proposed ADU. No adjacent properties, nor the community at large, will be impacted by the introduction of hazardous conditions from the ADU. SUP/ADU p. 3 Findings, Conclusions and Decision 1 (4) That the proposed use is served by adequate public facilities which are in place, 2 or planned as a condition of approval or as an identified item in the County's Capital Facilities Plan. 3 7. As determined in Finding of Fact No. 5, individual water and septic 4 systems are in place to serve the proposed ADU. According to the staff report, the addition of an ADU should not lower the level of service of transportation or 5 neighborhood park facilities below applicable minimum standards and there is no 6 evidence to the contrary. The criterion is met. 7 (5) That the proposed use will not have a significant impact upon existing uses on adjacent lands. 8 8. As determined in Findings of Fact No. 5, no significant impacts are 9 expected to result from this proposal, including impacts on adjoining properties. 10 (6) If located outside an Urban Growth Area, that the proposed use will not result in 11 the need to extend urban services. 12 9. The addition of an ADU and its use by a single family should not result in a need to extend urban services. The site is accessed from existing roads. The ADU 13 will be served by individual septic system and water. Therefore, the project will not 14 result in the need to extend urban services. 15 MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW: 16 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 17 proposed development according to the following criteria: 18 1. The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. 19 2. Development does not impact the public health, safety and welfare and is 20 in the public interest. 21 3. Development does not lower the level of service of transportation and/or 22 neighborhood park facilities below the minimum standards established within the Comprehensive Plan. 23 10. According to staff, the proposed development complies with the Mason 24 County Code, including Title 6 and 8. The project is not subject to Title 16 which 25 only governs subdivisions. As confirmed by staff in the staff report, the proposed ADU with one additional family should not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. The project will also have no adverse SUP/ADU p. 4 Findings. Conclusions and Decision impact upon health, safety and welfare since it will not create any significant adverse 1 impacts as determined in Finding of Fact No. 5. The ADU meets the specific requirements for ADUs in rural lands as laid out in MCC 17.03.029 because the owner of the proposed ADU will occupy the primary residence; the size of the ADU is less than 1000 square feet and is less than 80% of 4 the primary residence; only one ADU will result from the project; adequate parking is provided for the ADU; the ADU is located within 150 feet of the primary residence; according to staff all setback requirements are satisfied; and the ADU is already 6 served by County approved water and septic. 7 DECISION 8 The proposed ADU is approved. 9 Dated this 21 st day of July,2014. 10 11 12 1 Hearing Examiner Mason County 14 15 APPEAL 16 The decision of the Hearing Examiner is final and may be appealed to superior court 17 as outlined by the Washington State Land Use Petition Act, Chapter 36.70C RCW. 18 CHANGE IN VALUATION 19 Notice is given pursuant to RCW 36.70B.130 that property owners who are affected 20 by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. 21 22 23 24 25 SUP /ADU p. 5 Findings, Conclusions and Decision CASEINDEX Dwight and Kathryn Wahlborg Accessory Dwelling Unit Special Use Permit DDR2014-00020 Exhibit# Date Description 1 July 8, 2014 Staff Report 2 Aril 14, 2014 Special Use Application and Site Plan 3 June 14, 2014 Proposal Vicinity 4 June 14, 2014 Site Location 5 June 14, 2014 Site Aerial with parcel numbers 6 May 29, 2014 Notice of Application 7 July 1, 2014 Affidavit of Posting Wahlborg ADU DDR2014-00020 case index Mason County Department of Planning Building I * 411 N. 5th Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 July 8,2014 TO: Mason County Hearings Examiner FROM: Planning Staff—Allan Borden; 360.427.9670 ext. 363; ahb(aD_co.mason.wa.us RE: Special Use Permit(DDR2014-00020) for conversion of older cottage to an Accessory Dwelling Unit. STAFF REPORT I. Introduction. This report evaluates a proposal to convert an existing older cottage to an Accessory Dwelling Unit on a 0.39-acre property. The completed unit will be 582 square feet in area. Staff finds all review standards for the Special Use Permit are met. U. Applicant. Dwight and Kathryn Wahlborg. M. Property Location. 18530 E State Route 106 Belfair, WA.; Parcel# 12206-33-00050. IV. Project Description. An application for Special Use Permit was received on April 14, 2014 to convert an existing cottage built in the 1920's (582 sq. ft. area)to an Accessory Dwelling Unit on a 0.39-acre property (Exhibit 2). The sewer and water connections and driveway are now existing. The existing 879 square foot primary residence (two-story) is located approximately 20.5 feet to the northeast of the existing cottage structure. See site plan in the application(Exhibit 2). V. Evaluations. A. Characteristics of the site. The parcel is 212 feet wide at the highway side, 250 feet deep on the east side and 150 feet deep at the west side and is sloped at less than 15 percent to the north(Exhibit 2). The primary residence was a garage and then was converted to a second floor living area as constructed 2002. The small cottage is the second residence on the property. The applicant has decommissioned a third building (523 sq. ft.) from an un-permitted small cabin to a workshop. This Special Use Permit request will evaluate the use of the small cottage as an Accessory Dwelling Unit on the subject property. B. Characteristics of the area. The area is characterized by medium-density rural residential development(one dwelling per two acres) already in an area zoned as Rural Residential 5. The vicinity(Exhibit 3)is 2 miles southwest of Belfair and accessed by the paved roads (State Route 106). Nearly every parcel in this portion of Mason County has a residence, garage, or agricultural building(Exhibit 4). Wahlborg ADU staff report DDR2014-00020 Page 1 of 3 1 C. Shoreline Designation. Not Applicable. Urban Shoreline is over 200 feet north of State Route 106. D. Comprehensive Plan Desi nation/Zoning. The Mason County Comprehensive Plan designation for the site is Rural and the zoning is Rural Residential 5. VI. SEPA Compliance. Project is SEPA exempt per WAC 197-11-800 (1)(b)(i). VII. Other Permits/Approvals. The proposal will not require a Mason County Building Permit(the residence is constructed). Approval of the ADU request will resolve past planning and building code concerns. A Notice of Application and Public Hearing (Exhibit 6)was posted in the Mason County Journal on May 29 and June 5, 2014,posted on site on June 30, 2014,and mailed to neighboring properties on June 20, 2014. An Affidavit of Posting is included as Exhibit 7. VIII. Analysis. This proposal requires a Special Use Permit per the requirements of the Mason County Development Regulations on Accessory Dwelling Units,M.C.C. 17.03.029. The applicable Development Regulations standards are: A. The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction it is subject to a shoreline permit. The site is outside of shoreline jurisdiction (Exhibit 4), so a Special Use Permit review is the subject of this public hearing. B. The owner of the ADU must reside on the lot in either the principal residence or ADU. The owner is residing in the principal residence on the property. C. The ADU shall be located within 150 feet of the principal residence or shall be a conversion of an existing detached structure (i.e. garage). The cottage where the ADU is proposed is 21 feet from the primary residence. D. The ADU shall not exceed 80% of the square footage of the habitable area of the primary residence or 1,000 square feet, whichever is smaller. The size of the proposed ADU is 582 sq.ft. in habitable area, or 66%of the primary residence size (Exhibit 2). E. All setback requirements must be met by the ADU. The existing cottage structure is 50 feet from the north property line (State Route 106) and 13 feet from the southeast property line. F. All applicable health district standards for water and sewer must be met by the ADU. The existing cottage has one bedroom and one bathroom and proper water and sewer connections. G. No recreational vehicles shall be allowed as ADUs. No recreational vehicle will provide the proposed ADU structure. H. Only one ADU is allowed on any property. Once approved, the proposed ADU will be the only ADU structure on the property. I. An additional off-street parking space must be provided for the ADU. The parking area for the proposed ADU will next to the existing garage structure. Wahlborg ADU staff report DDR2014-00020 Page 2 of 3 r The AD as proposed(582 sq. ft. living area) meets all ofthe above criteria A—I Applicable Special Use review criteria: 1. Will the proposed use be detrimental to the public health, safety and welfare? The review of the existing cottage structure as an AD meets all county setbacks, assures adequate off street parking, and is provided with proper septic and water services. No potential detrimental effects have been identified 2. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? The proposed residential land use is consistent and compatible with the Comprehensive Plan. Rural Residential 5 zoning does allow for one ADUper parcel. 3. Will the proposed use introduce hazardous conditions at the site that cannot be mitigated through appropriate measures to protect adjacent properties and the community at large? No hazardous conditions are expected as a result of the review of the cottage as an accessory residence. Due to adequate setbacks, no impacts to neighboring properties are anticipated(Exhibit 2). 4. Is the proposed use served by adequate public facilities, which are in place, or planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? No public facilities are present in the vicinity; individual water and septic systems are in place to serve the proposed ADU. The project will not lower the level of service of transportation or neighborhood park facilities below applicable minimum standards. 5. Will the proposed use have a significant impact upon existing uses on adjacent lands? The proposed accessory dwelling unit adjacent to the two-story residence will have no significant impact upon existing adjacent residential land uses or vacant lots. The review will make the existing development conform to the Rural Residential 5 standards. 6. If located outside an Urban Growth Area,will the proposal result in the need to extend urban services? The review of the existing cottage as an Accessory Dwelling Unit would not result in a need to extend urban services to this location. Project Analysis: Based upon these policies and regulations, this review conforms as noted to the use regulations of the Mason County Development Regulations in regard to the Accessory Dwelling Unit standards. IX. Conclusions. As designed,the proposed accessory dwelling unit is consistent with the Mason County Development Regulations. Staff finds all review standards are met. X. Choices of Action. 1. Approval of the SUP request. 2. Denial of the SUP request. 3. Conditional approval of the SUP request. 4. Postpone the decision for further information. Wahlborg ADU staff report DDR2014-00020 Page 3 of 3 t MASON COUNTY DEPARTMENT OF COM RTNITY DEVELOPMENT 426 W Cedar Street/P.O. Box 279, Shelton,WA 98584 360.427.9670 Ext. 352 Mason County Permit Center Use: Special Use Permit: $1,13 5 DDR 701 y -(0020Date Rcvd: ❑ Public Hearing: $2,005 C$670)6r ADU's RECEIVED APR 14 2014 426 W. CEDAR ST. Special Use Application A Special Use is one that possesses unique characteristics due to size, nature, intensity of use, technological processes involved, demands upon public services, relationship to surrounding lands, or other factors. The purpose of this application is to provide for adequate oversight and review of such development proposals, in order to assure that such uses are developed in harmony with surrounding land uses, and in a manner consistent with the intent of the Development Regulations for Mason County; Ordinance No. 82-96. Acceptance of this application by Mason County does not guarantee approval of request. Type of Special Use Permit: ❑ Communications Tower ® Accessory Dwelling Unit ❑ Oversize Construction ❑ Other: Applicant Frame �w`��l A WA i4L OO r2 } Property Owners D Lu k G wr A K An 4`f 0 L, tcuA k( 6 0 K-G;z Vc-EA U ,q 1e y ,4A .W q L J I Q Mailing Address 15 3 D ., S i: )PL , l LL . 0 ELEA I L . WA g 5 S2 ES Phone 1 (Z0 257-Cr 2Z 6 Phone 2 (ZD 6)612-6 6 5-�, Email f�iwt hf ' (� I� F �:c6m Site Address 53 0 �, S' IL� l p!c � R C L FA l EZ , W14 Tax Parcel# ! Z 2 U - 3 3 _ c'c d S-CD Legal Description IT '-::; _CUF 6 c-oi � t` Csa � C� c';v'r= "" Project Description C 14.1 Iv' r✓ 5 A L y j f= k 1 S / tJ Gti 5 -TZ% A d I:':Coniniunin•De.clopment.PAC:',.SPECIAL USE updated 10.%2012 Page 1 of 3 I would like a Special Use Permit,so I could bring my property,which has two houses on it, into compliance with Mason County zoning codes. The smaller house,which I would like to have designated an ADU, was built in the 1920's.The larger house, which I would like to have designated the principal residence,was finished in 2002.A third building had been erected for use as a rental unit,which did not meet zoning requirements.Shortly after purchasing the property in 2012, 1 removed the kitchen,and the raised floor on which it stood, from the third building.The building is presently my wood shop. Regarding the six criteria in the Special Use Application: 1. The two houses have co-existed for the last twelve years without detriment to public health, safety,and welfare, and I can think of no reason why that would change. 2. The permit technician informed me that my parcel is zoned RRS, and that the proposed change would cause no problems with the Comprehensive Plan. 3. The proposed change would introduce no hazardous conditions of any sort. 4. The existing houses are served by adequate public facilities,and required no changes at all. 5. The proposed use would have no impact upon existing uses on adjacent lands. 6. The property is not located in an Urban Growth Area, but urban services are already in place, so there would be no need for any extension. -4 a f1 Dwight A.Wahlborg SITE. 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Notice is hereby given that the Dwight and Kathryn Wahlborg, who are the owners of the described property below, has filed an application for a Special Use Permit for the development of: Review of existing 582 sq. ft. residential structure as an accessory dwelling unit on a property zoned Rural Residential 5 zone. To complete this review, the applicant must receive approval through a Special Use Permit public review and hearing by the County Hearings Examiner. Parcel Number: 12206-33-00050 (0.39 ac.) Site Address: 18530 E State Route 106, Belfair WA. Location of Project: South of State Route 106 and 1.5 miles south of Belfair; within the southeast 1/4 of Section 6, Township 22 N., Range 1 W. in Mason County Washington. Said proposed development is subject to Special Use Permit review (M.C.C. 17.05.040) and associated Mason County Development Regulations standards. Any person desiring to express their view or to be notified of the action taken on the application should notify in writing of their interest to: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT PO BOX 279 SHELTON,WA 98584 The comment period is at least 10 days from the final date of publication given pursuant to M.C.C. 15.07.030 (public notice). Final date of publication,posting or mailing of notice is June 5, 2014. Written comments will be accepted up to the date of the Hearings Examiner public hearing Tuesday July 8, 2014; 1:00 PM in Mason County Bldg. One, 411 N. Fifth St. Shelton WA. Contact this office at(360) 427-9670, ext. 365 for further information. This construction proposal is exempt from further environmental review per WAC 197-11-800(1)(c). r . .........o AFFIDAVIT OF POSTING NOT[DE STATE OF.WASHINGTON j ss. t61�'I f /1�li I r�Uffj _ . COUNTY O� MASON ) ( . Nyd,04,1�, do hereb certi that ( osted 2 copies of , Y certify P the attached �f on day of 20 CLt in �/pub(ic places.as follows: one at Ili has �� one at I( � 5(Z 0� one at (n witness whereof, the party has signed this Affidavit of Posting Notice this day I. of 0 By. Address.--STATE OF WASHINGTON ) COUNTY OF MASON ) Subscribed and swom tome this 1 day of .l U LLl 7 20 1`k W Stat 'Washington Na Fub(ic for the State of Washington DResiding at�`�COIRE$ Commission Expires S-