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DDR2010-00001 Final Decision - DDR Reports - 4/12/2010
�eoN Co 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 185A April 12, 2010 NOTICE OF FINAL DECISION Case Number: Special Use Permit#DDR2010-00001 Applicant: Melissa Rathbun Holstein Notice is hereby given that Melissa Rathbun Holstein, applicant for the above referenced Special Use Permit, has been granted approval for the project. The Decision was dated 4/5/10 and conditionally approves the permit by the Hearing Examiner. The conditions are listed on page 5 of the decision. The request for the Special Use Permit was approved pursuant to the Mason County Development Regulations specifically for an accessory living quarter. If you have any questions or require clarification on this issue please contact Grace Miller, Planner with the Mason County Department of Community Development at(360) 427-9670, x 360. This is a final decision. No further appeals to the County are available. Appeals may be made to the appropriate state administrative agency or superior court pursuant to RCW 36.70C. It is the appellant's responsibility to meet all legal requirements of any appeal process. w . ' 1 TIR BEFORE THE HEARING EXAMINER FOR MASOR&vUN"I fN N 1 N G 2 Bio Park, Hearing Examiner pro tem 3 RE: Melissa Rathbun Holstein 4 FINDINGS OF FACT,CONCLUSIONS 5 Special Use Permit OF LAW AND FINAL DECISION' #DDR2010-00001 6 7 INTRODUCTION 8 The applicant seeks a special use permit (SUP) for an accessory dwelling unit (ADU). 9 The Examiner approves the application with conditions. 10 11 ORAL TESTIMONY 12 Mason County Planning Department staff member, Grace Miller, summarized the staff report and answered questions posed by the Hearing Examiner. The applicant 13 was not present at the hearing, but her mother, Christina Taylor, was present and testified in support of the application. No one else testified. The audio of the hearing 14 was recorded and is part of the record. For more details on oral testimony received, 15 refer to recording. 16 EXHIBITS 17 See list of exhibits (1-7) attached to the staff report by Grace Miller dated March 11, 18 2010, for the Holstein application for a SUP for an ADU-No. DDR20 10-0000 1. 19 FINDINGS OF FACT 20 Procedural: 21 1. Applicant. The applicant is Melissa Rathbun Holstein. 22 2. Hearing. The Hearing Examiner conducted a hearing on the application 23 on March 23, 2010, at 1:00 p.m., in the Mason County Board of Commissioners 24 Meeting Chambers. 25 1 Notice is given pursuant to RCW 36.70B.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. SUP/ADU P. 1 Findings, Conclusions and Decision {BFP779894.DOC;1\13009.900000\} Substantive: 1 2 3. Site/Proposal Description. Again, the application is for a SUP for an ADU. The ADU will be a 400 square foot park model trailer, and it is expected that 3 the applicant will be the only resident therein (at least for the time being). The ADU is being installed to provide living space for the applicant. The subject parcel is 4 owned by the applicant's uncle, and he will reside on the property at the primary 5 residence detached from the ADU. Because the applicant is not the owner of the subject parcel, approval will be conditioned on the owner joining the applicant in the 6 building permit application. The ADU will be within 150 feet of the primary residence. There is an existing septic system from a previous ADU that will serve the 7 proposed ADU. Water will be supplied from the adjacent parcel, which is owned by the applicant's parents. The subject parcel is 3.85 acres in size. There is an existing 8 1200 square foot(24'x 50')primary residence on the northwest side of the parcel. 9 4. Characteristics of the Area. The surrounding area contains single family 10 residences on similar size parcels. 11 5. Adverse Impacts of Proposed Use. The staff concludes in its report that there does not appear to be an impact on surrounding properties for traffic, parking, or 12 drainage. This is apparent from the site plan and vicinity map, which diagram the 13 surrounding area adjacent to the subject parcel (Exhibit 4). The neighboring parcels are relatively all large. Given the spacing of homes, the increase in density proposed 14 by the applicant should not be noticeable to any surrounding residences. Consistent with this, no comments from the public at large have been received. Approval will be 15 conditioned on applicant obtaining a covenant ensuring water is supplied by the neighboring property owners. Given these factors, the proposal creates no 16 discernable adverse impacts as conditioned. 17 CONCLUSIONS OF LAW 18 Procedural: 19 20 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. 21 Substantive: 22 23 2. Zoning. The area is zoned as Rural Residential 5. 24 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 25 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 policies and use regulations. The review criteria for the Special Use Permit SUP/ADU p. 2 Findings, Conclusions and Decision {BFP779894.DOC;1\13009.900000\} application are governed by MCC 17.05.044. These criteria, in addition to 1 miscellaneous criteria for all Hearing Examiner decisions, are quoted and addressed below. MCC 17.05.044 SPECIAL USE REVIEW CRITERIA: 4 (1) That the proposed use will not be detrimental to the public health, safety and 5 welfare. 6 4. No potential detrimental effects have been identified. The well that will be serving the ADU has been approved as a two-party well, but because the well is on 7 the neighboring parcel, approval will be conditioned on a covenant ensuring supply of water from the well to the ADU. According to staff, the existing septic system is 8 adequate to serve the ADU. As noted in the Findings of Fact, there are no adverse impacts associated with the proposal. Given these factors, there will be no 9 detrimental impact to the public health, safety, and welfare as a result of the proposed 10 ADU. 11 (2) That the proposed use is consistent and compatible with the intent of the Comprehensive Plan. 12 5. Chapter 9 of the Mason County Comprehensive plan provides that ADUs 13 should be permitted "when minimal impact would occur to surrounding areas. The 14 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 relatively small,but 15 it will be in an area characterized by relatively large lots compared to the size of the ADU being proposed. As further found, the ADU will not create any adverse impacts 16 and hence will have minimal impacts on surrounding areas. Given these factors, the approval of other ADUs in the area also will not create any cumulative adverse 1 impacts. 18 (3) That the proposed use will not introduce hazardous conditions at the site that 19 cannot be mitigated through appropriate measures to protect adjacent properties and the community at large. 20 21 6. No hazardous conditions are expected, nor have any been identified as a result of the proposed ADU. Additionally, the project must still complete the 22 building permit process with Environmental Health approval, and any potential impacts will be further analyzed in that process. No adjacent properties, nor the 23 community at large, will be impacted by permitting the ADU. 24 (4) That the proposed use is served by adequate public facilities which are in place, 25 or planned as a condition of approval or as an identified item in the County's Capital Facilities Plan. SUP/ADU p. 3 Findings, Conclusions and Decision {BFP779894.DOC;1\13009.900000\} 7. The applicant has proposed a private, two-party well and a septic system. 1 The site is already served by an existing septic system. As noted above, a covenant 2 will be required to ensure supply of water from the well located at the neighboring property. Compliance with all necessary codes will be a condition of approval of this 3 permit and should be further addressed by the associated building permit. The ADU does not require any further public facilities beyond those currently in place. 4 (5) That the proposed use will not have a significant impact upon existing uses on adjacent lands. 6 8. As noted in the Findings of Fact, no significant impacts are expected to 7 result from this proposal. Adjacent land uses are residential in relatively large lots, and as noted above, approval of this ADU, or cumulative effects thereof, should have 8 no discernable impact on neighbors. 9 (6) If located outside an Urban Growth Area, that the proposed use will not result in 10 the need to extend urban services. 11 9. The addition of a single-family residence would not result in a need to extend urban services. The site is accessed from existing roads. The ADU will be 12 served by an existing onsite septic system and an approved two-party well. 13 Therefore, the project will not result in the need to extend urban services. 14 MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW: 15 MCC. 15.09.055(C): Required Review: The Hearing Examiner shall review proposed development according to the following criteria: 16 1. The development does not conflict with the Comprehensive Plan and meets 17 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. 18 2. Development does not impact the public health, safety and welfare and is 19 in the public interest. 20 3. Development does not lower the level of service of transportation andlor 21 neighborhood park facilities below the minimum standards established within the Comprehensive Plan. 22 10. According to staff, the proposed development complies with the Mason 23 County Code, including Title 6, 8 and 16. Approval will further be conditioned on complying with ADU requirements in MCC 17.05.044. The project is not subject to 24 Title 16 which only governs subdivisions. The proposed ADU with one additional 25 resident 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 impact upon health, safety and welfare. SUP/ADU p. 4 Findings, Conclusions and Decision {BFP779894.DOC;1\13009.900000\} DECISION 1 2 Subject to the following conditions, the Hearing Examiner approves the requested Special Use Permit for an Accessory Dwelling Unit as recommended in the Staff 3 Report by Grace Miller for DDR201 0-0000 1: 4 1. ADU shall comply with all requirements set forth in MCC 17.03.029. 2. The owner of record of the parcel on which the ADU is proposed shall join 5 the applicant in the building permit application for the ADU. 6 3. Applicant shall provide to the County proof of recorded covenant ensuring water supply to the ADU from the two-party well located at the neighboring 7 property and all necessary easements therefor. 8 Dated this 5th day of April, 2010. 9 10 Bio Park 1 1 Hearing Examiner,pro tem Mason County 12 13 14 15 16 3c�o) 9-73 17 19 20 21 22 23 24 25 SUP/ADU p. 5 Findings, Conclusions and Decision {BFP779894.DOC;1\13009.900000\} a 7 L E A S E M .E N T EL.433 rR J62. LEONARD-'L: NELSON and NONA RUTH NELSON, husband and vt-fe,: as Grantors; and JAMES A. TAYLOR and CHRISTINA TAYLOR, husband and wife, as Grantees. The Grantors hereby grant an easement to the Grantees for ingress, egress and utilities over that existing road located on the following described property: All that portion of the North one-half of the South one-half of the Southwest quarter of the Northeast quarter, which lies East of the West 800 feet thereof, and the North one-half of the Southwest quarter of the Northeast quarter; all in Section 9, Township 22 North, Range 1 West, W.M., in Mason County, Washington, EXCEPTING THEREFROM, however, road rights of way. EXGF—PTINO THEREFROM all that portion of the East 5fi0.00 feet, as measured along the North line thereof, of the North one-half of the Southwest quarter of the Northeast quarter, Section 9, Township 22 North, Range 1 West, W.M., in Mason County, Washington, lying Northerly of the .centerline of Lucas Creek, ALSO EXCEPTING-THEREFROM that portion of the North one-half of the Southwest quarter of the Northeast quarter of Section 9, Township 22 North, Range 1 West, W.M., in Mason County, Washington, lying Westerly of the Coulter Creek Road. Said easement is for the benefit of the following described property: - All that portion of the East 510.00_f�eet, as measured.:'ajlang the North line thereof, of the North one-half of the Southwest quarter of the Northeast quarter, Section 9, Township 22 North, Range 1 West, W.M., in its Mason County, Washington., lying Northerly of the centerline of Lucas $tom Creek, EXCEPTING THEREFROM roadrights-of-way. 'DATED THIS ��'(daR �r 1989. E BrGR-- ! E NA D L. NMON h,ONA RUTH N)~LS: roxso�`w i�fpaFZIE � D�r STATE OF WASHINGTON GojMty of Mason )ss. t:v°� pTARy�''s On this day personally appeared before me LEONARD L. NELSON and NONA RUTH NELSON ti to;me known to be the individua s describedQ,_ @ within and foregoing instruments and acknowledged to me that'fN'TV4i*ned as their free and voluntary act and deed for the purposes therein mentioned. Commission Given under my hand an fficial seal Expires: //--iS. 9a this �d day of� , 1989. Notary Public in and for the St to of Washington residing at 4i CONSENT to the easement as beneficiary of the Deed of Drses recorded under Auditor's File No. 458427. KITSAP FEDERAL CREDIT UNION �•`'1rc.'-ic.� tj•I.Q,c.0 n.Q�__�"' ^r �� ^��YA� COUNTY r:,3C'#? y u9 DC- -9 AI] = 5a LANDfifT ffil -COPPANY March 11,2010 EXHIBIT 1 TO:Mason County Hearings Examiner FROM:Planning staff,Grace Miller RE: Special Use Permit request by Melissa Rathbun Holstein for an accessory dwelling unit. #DDR2010-00001 STAFF REPORT I. APPLICANT.The applicant is Melissa Rathbun Holstein. II. PROPERTY LOCATION.The property is located at 30 E Odessa CT,Belfair. III. LEGAL DESCRIPTION.Lot 1 of N 1/2 SW NE Sec 9,Twn 22 N,R 1 W. IV. PARCEL NUMBER. 12209-13-90010. V. EVALUATION. PROPOSAL: The application is for a Special Use Permit for an accessory dwelling unit.The ADU will be a 400 square foot park model trailer.The ADU is being installed to provide living space for the applicant. A. Characteristics of the site and area:The lot is 3.85 acres in size.There is an existing 1200 square foot(24'X50')primary residence on the northwest side of the parcel where the applicant's uncle resides.The property has an existing septic system to serve the trailer. In the 1980's and 1990's the proposed location was occupied by a trailer.Applicant proposes to use her parent's well on the adjacent parcel. The surrounding area contains single family residences on similar size parcels. B. Zoning:The zoning is Rural Residential 5. C. SEPA Compliance:The project is SEPA exempt under WAC 197-11-800(b)(i). D. Other Permits:The project needs a Building Permit with Environmental Health approval from the County. IV. ANALYSIS: The Mason County Development Regulations guide in the review of this proposal.Accessory Dwelling Unit Requirements are listed in Section 1.03.029 of the regulations. Staff has reviewed the proposal under the criteria and found it to meet all of them. The owner will reside on the property within the primary residence detached from the ADU.The new structure is within 150'of the primary residence.There is an existing septic system from the pre-existing ADU. 1 \\CLUSTER HOME SERVER\HOME\GBM\supstaffadu6.doc The ADU is less than 1000 SF in size and meets all setback requirements.This is the only ADU proposed for the lot.The residence will be served by a private on-site septic system and 2 party well.Through a site inspection,staff has determined that there are no impacts to surrounding properties for traffic,parking or drainage. V. CONCLUSION. The Hearing Examiner shall review proposed development according to the following criteria: (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. (2) Development does not impact the public health,safety and welfare and is in the public interest. (3) Development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. Staff has verified that the proposed development does in fact comply with the Mason County Code, including Title 6,8 and 16.The project is not subject to Title 16 which only governs subdivisions.The project will 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 impact upon health,safety and welfare. Public Notice procedures were followed in accordance with section 1.05.052 of the Development Regulations and Section 15.07.010 of Mason County Title 15.No public comments were received. Based upon the policies and regulations,the project is consistent with the Mason County Development Regulations Section 1.03.029,Accessory Dwelling Unit Requirements. Staff recommends approval of the ADU as proposed. 000vvnoN 2 f��✓fc�wolf - rL laa� VI. CHOICE OF ACTION: I-W 1. Approval of the Special Use Permit#DDR2006-00000133. 2. Approve with conditions. 3. Deny permit(reapplication or resubmittal is permitted). 4. Remand for further proceedings and/or evidentiary hearing in accordance with section 15.09.090 of title 15. 2 \\CLUSTER HOME SERVER\HOME\GBM\supstaffadu6.doc EXHIBITS FOR:Melissa Rathbun Holstein- #DDR20 10-0000 1: 1. Staff Report. 2. Application for Special Use Permit. 3. Public Notice. 4. Site Plans and vicinity map. 5. Letter from applicant to Tim Nelson 115110. 6. Survey. 7. Easement. \\CLUSTER HOME SERVER\HOME\GBM\supstaffadu6.doc MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION FOR SPECIAL USE 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. Applicant name rnY `k'-�30L Qa��)o Un \wS Itelephone # (60 a1S Mailing address U Wk4n Site address Ud cB52.8 Tax Parcel # 12-2 0 C1 _ 1"� _ -l Legal Description N 'I2 SW ��44 Type of Special Use Permit: Communications Tower Accessory Dwelling Unit Oversize Construction Other On a separate piece of paper, please state your reasons for requesting a Special Use Permit. Be sure to address the following six criteria, your request will be evaluated based on these criteria. 1) Will the proposed use be detrimental to public health, safety, and welfare? 2) Will the proposed use be consistent and cgmpatible with the intent of the Comprehensive Plan? 3) Will the proposed use introduce hazardous conditions, at the site, that can not be mitigated through appropriate measures to protect adjacent properties and the community at large? Special Use Permi : $1,135.00 plus Hearings Examiner: $2005 0 $67�ADU's Applicant will also i edfor all advertising costs.Acceptance o on,by Mason County does not guarantee approval. LTLANNINGTACTORMS Updated 12/15/08 I-A � 4) Is the proposed use served by adequate public facilities, which are in place, planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? 5) Will the proposed use have a significant impact upon existing uses on adjacent lands? 6) If located outside of an Urban Growth Area, will the proposal result in the need to extend urban services? 7) Please provide a site plan that includes the following: ❑ Indicate Scale and North Arrow ❑ Property line dimensions,easements,and right-of-ways. ❑ The location of all existing and proposed structures.Include square footage of existing and proposed structures. ❑ Setback distance,in feet from all property lines and structures. ❑ Existing and proposed road access to and from the site. ❑ Parking sites ❑ Location of on-site sewage tanks and drainfields. ❑ Location of drinking water supply. Include location on the proposed site and surrounding parcels. ❑ Steep bluffs,wetlands,streams,and bodies of water ❑ Location of fire hydrants and emergency vehicle access roads,including grade. ❑ Surface and storm water run-off routes. Applicant(s) signature Special Use Permit: $1,135.00 plus Hearings Examiner: $2005 or $670 for ADU's Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. LTLANNINGTACTORMS Updated 12/15/08 �c e- r1A �, by n - RECEIVED b-b c �2z 10 -OWO 1 JAN 'i , i' !'i i Special Use Permit for Accessory Dwelling Unit MASON COUNTY I am applying for a permit for Accessory Dwelling Unit to place a park model trailer on my uncle's property(Timothy Nelson). The property already had an existing septic for a trailer. In the 1980's and early 1990's the proposed location was occupied by a trailer owner by Dan Staley. I propose to use my parents well(James &Christina Taylor). The future plans I have for Lot #1 is to buy the property from my uncle and remodel and or build onto the existing home while living in the park model trailer. 1) Will the proposed use be detrimental to public health, safety and welfare? No. The septic tank was inspected and cleared for use by the Health Department. 2) Will the proposed use be consistent and compatible with the intent of the Comprehensive plan? Yes. 3) Will the proposed use introduce hazardous conditions, at the site,that can not be mitigated through appropriate measures to protect adjacent properties and the community at large? No. 4) Is the proposed use served by adequate public facilities, which are in place, planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? Yes. 5) Will the proposed use have a significant impact upon existing uses on adjacent lands. No. There is an existing driveway to the proposed location. 6) If located outside of an Urban Growth Area, will the proposal result in the need to extend urban services. No. 7) Please provide a site plan that includes the following: See Attached Maps 17.03.024 Residential Uses as Special Uses On any lot abutting a railroad track or airport,a Special Use Permit shall be required for a residential use of that property. A residential dwelling located more than one hundred fifty(150)feet from such a facility shall be exempt from this requirement,if the lot upon which the dwelling is to be placed is located within an Urban Growth Area. 17.03.025 Provisions for Airports. A. Airports and heliports are a land use suitable for location within an urban growth area and are not allowed as a cottage industry to another land use in the Rural Area. B. Airport overlay zones set out the standards for appropriate land uses and structure heights within that overlay zone. C. Proposals to expand airport operation land uses or to develop new land uses in the airspace and approach corridors shall be reviewed for compliance with subarea planning development standards and with the policies of port comprehensive planning. D. Airplane landing strips and helistops used for commercial or industrial land uses may be allowed with a Special Use Permit in Rural Tourist and Rural Industrial zones,are allowed in the Rural Natural Resources zone,but are not otherwise allowed in the Rural Area. 17.03.028 Essential Public Facilities Essential Public Fa es� es s a Use Permit in any development area. 17.03.029 Accessory Dwelling Unit Requirement In Rural Lands,Accessory Dwelling Units(ADU)must meet the following requirements. -NA.. The ADU shall be subject to a special use permit,unless in the shoreline jurisdiction it is subject to a shoreline permit. B. The owner of the ADU must reside on the lot in either the principal residence or ADU. -�+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). ,_J D. The ADU shall not exceed 80%of the square footage of the habitable area of the primary residence or 1000 feet,whichever is smaller. Ni E. All setback requirements must be met by the ADU. v F. All applicable health district standards for water and sewer must be met by the ADU. G. No recreational vehicles shall be allowed as ADU. N H. Only one ADU is allowed on any property. —'4 I. An additional off-street parking space must be provided for the ADU. 17.03.030 Development Requirements and Performance Standards [consult with Mason County DCD for current applicable standards 04-04-20081 A. The following development requirements and performance standards apply to all property proposed for development, which is within the jurisdiction of Mason County. No development approval shall be given,and no building permit shall be issued,unless the proposed development complies with the provisions of this Chapter. MASON COUNTY DEVELOPMENT REGULATIONS Apri1 4,2008 page 14 �X 3 BON co�� MASON COUNTY � rp 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 854 NOTICE OF SPECIAL USE PERMIT#DDR2010-00001 Special Use Permit Application by Melissa Rathbun Holstein for an accessory dwelling unit. Location: 30 E Odessa Court,Belfair. Legal Description: Lot#1 N 1.2 SW NE,Sec 9,Twn 22 N,R 1 W. Parcel No. 12209-13-90010 Project Description:Use of a park model trailer as an accessory living quarter. Notice is hereby given that Melissa Rathbun Holstein has filed an application for a Special Use Permit under the Mason County Development Regulations.Review of this proposal will include a Mason County Hearings Examiner Public Hearing. The Hearing will take place at 1:00 PM on Tuesday,March 23,2010 within the Commissioners Chambers of Building I,411 North Fifth Street, Shelton.Written comments regarding this permit request should be sent to Mason County Department of Community Development, attn:Grace Miller,PO Box 279,Shelton,WA 98584.Please call(360)427-9670,ext 360 with questions regarding the application. LIST OF ADJACENT PROPERTY OWNERS' MAILING ADDRESSES /�B�i45q�2abu.� /-/als�uh WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. 4� AI1q, WA 22-0 i2 Tm Yl,cl.�o�. t�eIf&a-WA 98528 ZZp9 - 13- picy-exto per . w A %b68-1 2-2t�n - z-C0014 O �.o:max cos Fb w4 9�t�'2 3DIZ,- io_d 000i Al el,5Sq 1?a7l b—HV151eirl , AFFIDAVIT OF POSTING NOTICE STATE OF WASHINGTON ) ss. COUNTY OF MASON ) I, 6—ra er do hereby certify that I posted 3 copies of the attached �t�-/ie• � I�c ►�►� E66�! � + on �-'" day of z1a:aA 20 ► o in 3 public places as follows: one atr one at =�� , Z�_ one at In witness whereof, the party has signed this Affidavit of Posting Notice this 6"" day of �-t ��, 20 /v Address: STATE OF WASHINGTON ) ) ss. COUNTY OF MASON ) Subscribed and sworn to me this day of 20 i0 Notary Public for i tate of Wash' gton x •_ residing at �;.,�R�, b} � Commission Expires PUBLIC �c its ill, OJE'CT TO EASEMENTS, RESTRICTIONS AND R=-WRVATIONS OF RECORD. +0 P�PSSLr S J POUND LOVITT PIPE t GAP 0.m8 W. ALSO I WO PIPE IN COW V-3' S 89'14'29" E 1328.07 �3m E, OF CALC. CORNER 818.07 - _ 212.94 227.45 j� `L�� GAP, 0�NL OF INE SEE SURVEr or ROGER LOWT • s IRGN BAI I 001 K I, PAGE 159 h�I PLASTIC CX 8EE gURvEr 15Y SID BECNTOLT A/ $ O - F-aM LOv BOCK 31, PAGE 144 coo o UNLESS OTF I hI Q SEPTIC LOc ri ¢ S EXISTING W N d WELL ' �Q�rP.���- , 0s M , M051LE NC ► r $ I �1 i pop ' PLAY HOW . GARAGE w 3.05 ACRES N �wL� BAD! Go to 02 oft` a 04,20"� ` n (P° III T Ni 5A �.►- Q �, rI/ • (� NIaO 391� < I 77'�Q �/''� 00 OS (J LOT 2 rG26� S d-S 4.14 ACRES k.LJ0048 CREEK MO. $ (AS WILT V T1'ERI.INE) .0 9F14 WEL L ' �Ie1DGE L4 199.74 100.04 99.93 99.98 286.04 785.73 1•.,< 14+ID 1 114 IRON' S 89 22'44" E 800.02 0�, I$J,VGT TO EASEMENTS, WSTRICTIONS AND RESERVATIONS OF RECORD. SG J `�. &• .00 W AJL6 1 1120 PIPE � Cc TPIC 0-3, S 89'14'29" E 1328.07 E" OF CALL. COIRNER 818.07 212.94 - 22 7.45 LOVITT PIPE '`� CAP, 0-33 N OF LINE 9amt I 9U1wYEY or ROGER LOVITT �I � . 3 IRON BAI�� ! 1, PAGE 199 pLA371G G< 0 OV SEE &*vvEY Isy 810 BECNTOLT ,y rr t .4• g U FOIA•ID cy UNLESS 07 ROOK 31, IPAG � E 144 �� f C I N o SEPTIC LOc i+►� 4 J P O 5 S- � i"� () EXISTIW-1 W J ►ALL HOUSE J'� {� 0� o M • MOBILE WC 09'� ��4.1ie1c v Y�c+S i BNED/OUTE (� ��■ MAY HOW csARAGE BARN 3.85 ACRESlK �v k r ro ui Gi �p 1 . to *WE tg 00 go so 3 I ?7•�p 1� • OC) v 0 4.14 ACRESiwc N � f � PI�IVT6 (AS &A.T CEANTERLINE) � r,i ~I _ _ ❑ — +- WELL.' DROGE �. . t:99.74 100.04 99.93 99.98 286.04 785.73 ' S 89 2244" E 800.02 rn I Plir , tie' N, OF L INE OCT TO NASEi"1ENTS, REBTRrCy'l" AND RESERVATIONS of REGORV. SG J G �p LOVITT PIPE CAP 000 `� W. ,4L50 1 1/T" PIPE 1N COW" 03' S 89'14'29" E 1328.07 E" CALC. CORER ._._ _...._ .a .... - - _... 818.07 212 94 227.45 � _- LOOTT PIPE / CAP, 033 N. OF LINE E 91JMtY!°Y CY I SAGER LOVITT �5 IRON BAI ROOK 1, I-AdE 199 A PLASTIC C< SEE WRVVY My SO BEC"TOLT FOUND LOV ^��O Sri � LNLE98 OTt- RDOOK 31, 1"AGE 144 I/ `! N ( SEPTIC LOc I 5 C2 (G low LLXIBTING tU pJHOUSE (1�g�• h o M • MOBILE HC I P �- ,, ,O +u " PLAY HOW 1 o� co . GARAGE I �� p f3 . 5AR4 til�� G y�/ 3.85 ACRES00 v Pp f 12� WELL too 1145 04,200 M� L 12 C 1. Ig 0111L N� i00 391.j?�6 < a> 4 710 I t� r ,. 0,/ M .p ( , 4.14 ACRES w lluc' PRIVATE Llt3 r'A9 WILT CENTERl.INEI j © 914 _ _ 0 L BRIDGE ` L5 199.74 100.04 99.93 99.98 286.04 __ ,� 785.73 - 1 �' i S 89 22'44" E 800.02 (� i=�74 Wl M> 1 114 IIRO!l car' 1,1hIC 6c 5 Melissa Holstein-Rathbun P.O. Box 14 Allyn, WA 98524 January 5, 2010 Tim Nelson Owner-seller P.O. Box 564 Allyn, WA 98524 Dear Tim: Here's the promised summary of where we are on the land piece I would like to purchase from you. If you disagree with anything I've written, let me know. Lot 1, N 1/2, SW '/,NE % . 9-22. Range 1 West, W.M. This is the lot across the road from you bordered by Marvin Road, Odessa Drive, James and Christina Taylor property, and the Cal Vanassche property. It is my intention to reach an agreement with you in the near future on a price and terms. In the meantime I would like to agree to my having the right-of-first-refusal on the piece so I may plan to move onto the site. I'll check with you once more before this plan goes into effect. I hope we can come to some terms that are mutually satisfactory without involving intermediaries. Please sign this to show your agreement. Sincerely, NOTARY PUBLIC State of Washington KATHLEEN SOINE Commisslon Ezplres AUGUST 22,2010 Melissa Holstein-Rathbun Purchaser. lj,a� "I understand and agree with this initial proposal." Tim Nelson Seller �w✓ tiU'f. r W X0J. . .). . . . . . . . . . . . 4�, '"1220-1-k'5- Obi qN / t221 -q Oo3� oco Q v j DANIEL F. HOLMAN PL.S..NO. 15653 �� o rn 329 ACRES o F. H 1 F •ASI, m —. O S 1 � �H N qFe ✓� —� 3RICXsE A WELLOS H M 286.04 L5 �—— 3 W po _ ———---———— ——— ———————— 'A 16963 _ NN GISTER`�J4, L rn cof��AL I k OS a PH o BECWTOLT AND CAP ���JJJ���III 08-002 SP AX3 m J 08-002.55MI FOLWD LOVITT PIPE ♦I n d CAP,0"W.OF CALL_ O N 89722 44 W 327.55 � SHORT SUBD I vI SI ON No, .3o44. . .. . COMER o W WELL 1 p � r22bg- t3-ci004o Z o S L.O 7 4 3 o FOR Z 3 62 ACRES L.�'ONI4 RD FOLNO 314"SQUARE rn o IRti N ROD"I?4, IN 007 E.ALSO FOLNO G SW 114, NE 114 LOVITT PIPE ♦CAP, F UhV LOOTT PIPE ♦ SECTION 9, TOLINSHIP 22 NORTH, RANGE 1 LLEST, W1'1. 011 N.,0.13 E, OF CAP,031 N.,0?3 E.OF PARCEL ''S 12209-13-01000 4 12209-13-02000 CALC. COINER CALC.COIB�IER`� P.O. 80X 2158, BELFAIR WA, 98528 S 89'26 52 E 527.11 (360)215-2521 (D. VALLEY) I HOLr AN 4 4SSOCIATES PROFESSIONAL LAND SURVEYORS WATER WITHDRAWALS FROM ANY AND ALL EXEMPT WELLS APPLY TO PARCELS CREATED P.O.BOX 2319 FROM THE ORIGINAL LOTS (2), PARCEL NO.'S 12009-13-01000 AND 12209-13-02000, ARE I SNELTON,WASNINGTON 98584 LIMITED TO 5,000 GALLONS PER 0,4 r TOTAL UNLESS A WATER RIGHT IS OBTAINED FOR (360)426-2990 PHONE,(360)421-2865 FAX THE ADDITIONAL VOLU'IE ABOVE THE EXEMPT 5000 GALLONS. THE A-10LNT OF WATER THAT CAN BE WITHDRALIN FROM EACH LOT IS SPECIFIED1�5 AS FOLLOWS: LOT I - 0 DLLN BY DATE JOB NO. GALLONS, LOT 2 = 1,250 GALLONS, LOT 3 - 1,250 GALLONS, LOT 4 - 1,250 GALLONS. ALD ALJNE 2008 08-002 GFKD BY SCALE SI-IEET — — 1326.81 _ __ _ — — _ _ _ — DCH 1" = 100' 1 OF I N 89'31'00" W SG�, JP�r �Q �G FOLIO LOVITT PIPE t CAP 0.00-N.,0.15 W.ALSO 11/7"PIPE IN GONG, 037 N., S 89'14'29" E 1328.07 03,0 E.,OF CALC.COINER 818.07 212.94 510.00 SCORNER SW 1/4,A - - - - --- 0 _- 227.45 =._ -- - - -- - - - 1/4,SECTION% I I V O Orr-S 0 LOVITT PIPE t SEE SURVEY BY ROGER LOVITT 4/ CAP,033 N.OF LINE LEC:ENp BOOK 1,PAGE 159 y0 _ '5 IRON BAR WITH YELLOW /SEE SURVEY BY 51D BECNTOLT ''� PLASTIC CAP SET BOOK 31,PAGE 144 ">�O o O FOl1ND LOVITT PIPE t CAP, �♦ o UNLESS OTHERWISE NOTED v N r o SEPTIC LOCATION,AF'PROX. S Q • EXI5TIN63 WELL LOCATION,APPRO> WELL pp gv N HOUSE OS S o M MOBILE HOME 5HED/OUTBUILDING 3 I 1`Q G(" g'fi(�G o r ' f N• PLAY HOUSE l .9 • GARAGE 3.85 ACRES g , BARN o `'I IVA� 75 C/ v,1 �� AWE L• �214.57 L2 z�WELL- 1�5 �'5 w o�� T G�Te j5 04 20 L12 V" 5 c/ OUIL N / I 4 IA 19014 3 �7 L17 s j4' E IV �97� • S �� N��o _ o L1 I N 77i0�� 05 107 O I i �0.rcA.1 #F 12-2-0 1-�'5 0004* 00 z 6 4.14 ACRES u "� o 3.29 ACRES w LUG46 OREEK / p o TE (AS BWI1cENTTERLINE) © O G o m WELL ORIOCIE w �S N 199.74 100.04 99.93 99.95 266.04 LS FOUND LOVIrT-1 755.73 - PIPE 4 CAP FOUND 1 1/4"IRON J S 89 22'44" E 800.02 I PIPE, 1.19'N. OF LINE o FOIAJD BECNTOL l _ _ _ _ N^ S I (APN BAR AND CAP, BECNTOLT �qq ((���LX.7 4998'2I E A S E M E N T ,-�.�.433 FR J62 LEONARD L. NELSON and NONA RUTH NELSON, husband and wife, as Grantors; and JAMES A. TAYLOR and CHRISTINA TAYLOR, husband and wife, as Grantees. The Grantors hereby grant an easement to the Grantees for ingress, egress and utilities over that existing road located on the following described property: All that portion of the North one-half of the South one-half of the Southwest quarter of the Northeast quarter, which lies East of the West 800 feet thereof, and the North one-half of the Southwest quarter of the Northeast quarter; all in Section 9, Township 22 North, Range 1 West, W.M., in Mason County, Washington, EXCEPTING THEREFROM, however, road rights of way. EXCEPTING THEREFROM all that portion of the East 510.00 feet, as measured along the North line thereof, of the North one-half of the Southwest quarter of the Northeast quarter, Section 9, Township 22 North, Range 1 West, W.M., in Mason County, Washington, lying Northerly of the centerline of Lucas Creek, ALSO EXCEPTING THEREFROM that portion of the North one-half of the Southwest quarter of the Northeast quarter of Section 9, Township 22 North, Range 1 West, W.M., in Mason County, Washington, lying Westerly of the Coulter Creek Road. Said easement is for the benefit of the following described property: All that portion of the East 510.00 feet, as measured along the North line thereof, of the North one-half of the Southwest quarter of the Northeast quarter, Section 9, Township 22 North, Range 1 West, W.M., in Mason County, Washington, lying Northerly of the centerline of Lucas Creek, . EXCEPTING THEREFROM road rights-of-way. " FDQTED THIS ��%1 �� a R p°� lc/ , 1989. E NA D L. NE S ONA RUTH NELSON r�ao„��e �r •� ntsamiy a 6�ff��Q�tE L..p�ry STATE OF WASHINGTON ) 9666��; �5s�ora FA2y�> County of Mason )ss ; °`rNpT.4,4y�': On this day personally appeared before me LEONARD L. NELSON and NONA RUTH NELSON _ v r( to me known to be the individuals described and who- @..t. within and foregoing instruments and acknowledged to me that f't jd�1 fined as their free and voluntary act and deed for the purposes therein mentioned. Commission Given under my hand an fficial seal Expires: //-i�. 9� this �� day of� , 1989. Notary Public in and for the St to of Washington residing at CONSENT to the easement as beneficiary of the Deed of Trust recorded under Auditor's File No. 458427. KITSAP FEDERAL CREDIT UNION y. AUNTY Ti 9 U C i All 518 P. U. C !y LANDf ESTWPANY . am 98s4y .-- L w w `2w-vr q 1 09N_ 003� 0 Q 2 O �� a �OMr .3 v DANIEL F. HOLMAN . . . . . .PL.S. NO. 15653 :S "l` o 329 ACRES Lo FWA �o G rn Ail WEL L� r3RIDGE w L5 w OS N o 286.04 3 W � .�. '4 16863 'w �CISTS4ti9�44 --- O 1f�hAL LA10 S w PH o ID BECI-lroLr N � AND CAP, 08-002 SP.DWG 08-002.SM1 O� FOUJO LOVI rT PIPE i CAP, ER o WELL W. OF CALG. B N 89 22 44 W 327.55 SHORT SUBD�V�S�ON NO. 30 44 CORNER ;' � 1 H Z S 1 P)ax-U,1 #- 122b� - �3 - cja�40 o LOor 4 3 }F+O�R FOUND3/4" SQUARE Z 3b2 ACRES 6 0 01) IRON PROP "I N, � IN 0.01 E. ALSO FO1NO G SW 114, NE 114 LOVIrr PIPE t CAP, FaND L.OVIrT PIPE 4 SECTION 9, TOU.N-444fP 22 NORTH, RANGE 1 !LEST, W-M. 0?1 N., m.13 E., OF CAP, 031 1,, O?3 E, OF PARCEL ''8 12209-13-01000 t 12209-13-m?000 CAL-C. CORNER CALL. ` P.O. BOX 2158, BELFAIR WA, 98528 S 892 (360)275-25216 52 E 527.11(D. VALLEY) I HOLMAN 4 ASSOCIATES PROFESSIONAL LAND SURVEYORS WATER WITWORAWALS FROM ANY AND ALL EXEMPT U.ELLS APPLY TO PARCELS CREATED P.O. BOX 231E FROM THE ORIGINAL LOTS (2), PARCEL NO.'S 12009-13-010" AND 12209-13-02000, ARE I g+-WLTON, WAgWINCsTON W584 LIMITED TO 5,000 GALLONS PER oA r TOTAL UNLESS A WATER RIGHT IS OBTAINED FOR (360) 426-2SW PHONE, (360)421-2865 FAX THE ADDITIONAL VOLUME ABOvF THE EXEMPT 5a000 GALLONS. THE AMOUNT OF WATER DUN 13Y DATE JOB NO. THAT CAN BE WITHDRAUN FROM EACH LOT IS SPECIFIED AS FOLLOU& LOT 1 - 1250 GALLONS, LOT 2 - 1,250 GALLONS, LOT 3 - 1,250 GALLONS, LOT 4 - 1,250 GALLONS. ALE) JUNE 2008 08-002 G44CD 6Y SCALE 3r'-iEEt N 89 31'00" W 1326.81 - - - - - 100' 1 OF 1 - - - DGN 1" = SG���� JP�PSJ FOUND LOVITT PIPE i CAP 0-08 N., 0.15 1 W. ALSO 1 1/7" PIPE IN CONC., 037 N., S 89'14'29" E 1328.07 030 E., OF CALL_ COKP ER 818.07 -- - - _ 212.94 -- - - ---- - -- 510.00 NW C0MICK SW 114, A r '}' ��' 227.45 NE 114, SECTION 9. I 1 V O 1 � ,\� LOVITT PIPE f SEE SURVEY BY ROGER LOVl tT 4 CAP, 033 N. OF L.INE IL Sr ZNJOD BOOK 1, PAGE 159 p _ '5 IRON BAR WITH YELLOW SEE SURVEY BY S!D BECNtOL T PLASTIC CAP SET BOOK 31, PAGE 144 yrO ,� O FOUND LOVITT PIPE 4 CAP, o UNLESS OTHERWISE NOTED h N r O = SEPTIC LOCATION, APPROX. S EXISTING WELL LOCATION, APPRO) �, WELL N ' HOUSE �V�p 4� �- S S /� MOBILE HOME SHED/OUTBUILDING PLAY HOUSE GARAGE �►` p"��'�� G / 3.35;ACRES g = BARN to Lo co Of �. , NA 75 op41 ELL �I ,/ �� p OWE L� 0214.57 L2 z 75'0 \ L 12 /3 (p5 1g014 'Q v 4lq L17 Lu u I �0 7 '14 ig7� 7 o`r wo O S �o,rcA 1 122-7�1-k-5- 00a Q UL� Zop rr ® 2 o 4 v n Ln 1L07' 3 L20 S a`S 4,14 ACRES o 329 ACRES � W � LUC►45 C�'��K RD. PRIVATE o (A5 BUILT CENTER-INE) cl WEL L BI?IDGE w OS W 199.74 100.04 99.93 99.98 286.04 L5 -- - - -- - - - - - - - - - - - - - FOUND LOVI TT� 785.73 PIPE_ $ CAP FOUND 1 I/4" IRON J S 89 22'44" E 800.02 PIPE, 1.19' N. OF LINE O ND BECNTOL T S �'' PN BAR AND CAP, FoL BECNTOLT I 'X 7 44398ZI E A S E M E N T �[ •� �R ��� ti LEONARD L. NELSON and NONA RUTH NELSON, husband and wife, as Grantors; .and JAMES A. TAYLOR and CHRISTINA TAYLOR, husband and wife, as Grantees. The Grantors hereby grant an easement to the Grantees for ingress, egress and utilities over that existing road located on the following described property: All that portion of the North one-half of the South one-half of the Southwest quarter of the Northeast quarter, which lies East of the West 800 feet thereon", and the North one-half of the Southwest quarter of the Northeast quarter; all in Section 9, Township 22 North, Range 1 West, W.M. , in Mason County, Washington, EXCEPTING THEREFROM, however, road rights of way. EXCEPTING THEREFROM all that portion of the East 510.00 feet, as measured along the North line thereof, of the North one-half of the Southwest quarter of the Northeast quarter, Section 9, Township 22 North, Range 1 West, W.M. , in Mason County, Washington,, lying Northerly of the centerline cf Lucas Creek, ALSO EXCEPTING THEREFROM that portion of the North one-half of the Southwest quarter of the Northeast quarter of Section 9, Township 22 North, Range 1 West, W.M. , in Mason County, Washington, lying Westerly of the Coulter Creek Road. Said easement is for the benefit of the following described property: All that portion of the East 510.00 feet, as measured along the North line thereof, of the North one-half of the Southwest quarter of the Northeast quarter, Section 9, Township 22 North, Range 1 West, W.M. , in Mason County, Washington, lying Northerly of the centerline of Lucas Creek, t�aa� EXCEPTING THEREFROM road rights-of-way. ' t DATED THIS �—� � da p'Z. � 1989. , rjy _. 3 R E NA D L. NE S N i ONA RUTH NELSON TrMs•, n'Ciu ly Cr f6+rrx�rs STATE OF WASHINGTON ) ������ `���S�oAd � O• � a County of Mason On this day personally appeared before me w •�1 8 '9°r��4f�� LEONARD L. NELSON and NONA RUTH NELSON r '••.. d;..s°,z, dt to me known to be the individuals described and who ' t , within and foregoing instruments and acknowledged to me that ' legilned as OT their free and voluntary act and deed for the purposes therein mentioned. Commission Given under my hand ano—official seal Expires: //-IS- f� this 44 day of 1989. Notary Public in and for the St to of Washington residing at CONSENT to the easement as beneficiary of the Deed of Trust recorded under Auditor's File No. 458427. _. _ KITSAP FEDERAL CREDIT UNION 1�+ —41 Ni ..e i' a 09 0C -9 a1.,1 : 50 P U. SC4 1 LAND f I( .-C% RANY IYA °pOk�A MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning _ Mason County Bldg. 1 411 N. 5tt Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 >854 March 4,2010 RE: NOTICE OF PUBLIC HEARING Special Use Permit #DDR20 10-0000 1. Applicant:Melissa Rathbun Holstein Dear Ms.Holstein, The Public Hearing before the Mason County Hearing Examiner to consider your Special Use Permit Application for an accessory dwelling unit has been scheduled for Tuesday,March 23,2010.The Hearing will take place at 1:00 PM within the Commissioners Chambers of Building I,411 North Fifth Street, Shelton.Any oral or written comments will be accepted at this time. Please let me know if you have any questions,please let me know.Thank you. Sincerely, 4� Grace Miller,Planner DEPT OF COMMUNITY DEVELOPMENT �qoN CO MASON COUNTY �. rp 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 1854 NOTICE OF SPECIAL USE PERMIT#DDR2010-00001 Special Use Permit Application by Melissa Rathbun Holstein for an accessory dwelling unit. Location:30 E Odessa Court,Belfair. Legal Description: Lot#1 N 1.2 SW NE,Sec 9,Twn 22 N,R 1 W. Parcel No. 12209-13-90010 Project Description:Use of a park model trailer as an accessory living quarter. Notice is hereby given that Melissa Rathbun Holstein has filed an application for a Special Use Permit under the Mason County Development Regulations.Review of this proposal will include a Mason County Hearings Examiner Public Hearing. The Hearing will take place at 1:00 PM on Tuesday,March 23,2010 within the Commissioners Chambers of Building 1,411 North Fifth Street,Shelton.Written comments regarding this permit request should be sent to Mason County Department of Community Development, attn:Grace Miller,PO Box 279,Shelton, WA 98584.Please call(360)427-9670,ext 360 with questions regarding the application. 17.04.220. Rural Residential 5(RR 5) 17.04.221 Purpose.This district provides for residential development on parcels of 5 acres or more. 17.04.222 Uses Permitted. A. USES: Single family residential,Hobby farm(Small scale commercial agriculture, including aquaculture and wood lots),Church,Local community and recreation centers,Group homes, Cell towers,Fire station,Fish hatchery, Public utilities. B. ACCESSORY USES: Cottage Industry(home occupation), Single family residence. C. SPECIAL PERMIT REQUIRED USES: Essential public facility,schools, commercial day care centers, cemetery,and home occupations and cottage industries that do not meet the standards in Section 17.03.021. D. Signs are permitted not to exceed 12 square feet in size and 6 feet in height except for temporary signs permitted by section 17.05.025, Signs prohibited by section 17.03.203 are not allowed. 17.04.223 Lot Requirements. A. Density and lot size. Maximum of 1 principal residence per 5 acres or 1/128th of a section and one accessory dwelling unit per parcel; minimum lot size of 2 acres,except in an approved performance subdivision the minimum lot size is 20,000 sq. ft.,and except for fire stations. B. Lot width and depth.All lots shall have a minimum width at any point of 50 feet. C. Front yard setback. 25 feet. D. Side and rear yard setbacks. Side and rear yard setbacks for the residential dwelling is 20 feet, for accessory buildings shall be 20 feet, for accessory structures used for agricultural purposes or home occupations shall be 50 feet,and for buildings of non-residential land uses shall be 25 feet. Exception to the side yard standard is allowed on a parcel with a lot width up to 100 feet at the building site: the required side yard setback for a residential dwelling and accessory structures shall be equal to 10 percent of the lot width but in no case shall be less than 5 feet from the property line. E. A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes, such as storm water storage,community play areas,or utility facilities, and is restricted by perpetual covenants meeting county requirements to said purpose, is not required to meet minimum lot size requirements. 17.04.224 Building Regulations. A. Floor Area Ratio. 1:20,except for fire stations. B. Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings and agricultural buildings. C. Height. 35 feet except for agricultural buildings,cell towers, antennas,or water tanks, or necessary structural elements for an otherwise compliant permitted land use. 17.04.226 Off-street parking. Two spaces per residence. See Parking Ordinance for other land uses;parking setback for non-residential land uses shall be 25 feet. 17.04.227 Special Provisions. A. Cell towers shall be located per Ordinance No. 5-98 Telecommunication Towers. B. Accessory dwelling units are required to meet Section 17.03.029 standards. C. Government operated day care centers, essential public facilities, churches,community centers, and schools may exceed 3,000 sq. feet as approved by a special use permit. Application for special use permit requires the applicant to provide the following information to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations: the location and size of lot(s);site plan with areas of proposed use;access to state and county roads; land uses on adjacent properties and potential impacts to those uses by the proposal; provision of parking areas and stormwater facilities; hours of operations;and anticipated sources of noise,glare,or odors from proposed use(s). D. Essential public facilities,commercial day care centers, and schools which were in existence prior to June 17, 1996 and without a prior special use permit, may expand up to 15%cumulatively from their size prior to June 17, 1996, without a special use permit. Expansions over 15%will require a special use permit. E. Front yard or rear yard setback may be reduced as provided in Section 17.05.034.0 or side yard setback may be reduced as provided in Section 17.05.034.D. MASON COUNTY DEVELOPMENT REGULATIONS December 16,2008 page 36 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Shelton (360) 427-9670 Planning Belfair (360) 275-4467 Mason County Bldg.1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 TO: THE MASON COUNTY JOURNAL FROM: MASON CO. DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: / 1 110 Please publish the attached A 10�;, ;,d G{se on the following day(s) J of o Please keep the Affidavit of Publication for the Department of Community Development to pick up from your office and send / copies to the following A(e/,s', Rafe b fu.i �o f3ok iy Please charge. e for the publication at: Thank you, Mason County Planning Staff 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. DATE: 20 OWNER �4b VS-�e t r1 APPLICANT Special Use Permit: $1,135.00 plus Hearings Examiner: $2005 or $670 for ADU's Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. IRLANNINGTACTORMS Updated 12/15/08 MASON COUNTY PLANNING DEPARTMENT FAX Pfione:(360)427-9670 ext. lbl Fax:(360)427-8425 TO: COMPANY NAME: CONTACT NAME: FAX NUMBER: PHONE NUMBER: SENDER: ' REGARDING: Number of Pages (Include Cover Sheet): Date Sent: 3 111)C Time Sent: