The URL can be used to link to this page

Home My WebLink AboutBLD21211 Garage Access - BLD Letters / Memos - 2/19/1993 w 2 . rict 3 Headquarters � Washington State FEB 2 Dist 4 A Department Of Transportation 5720 Capitol Boulevard,Tumwater P.O. Box 47440 Duane Berentson ^.p�mpia,WA 98504-7440 Secretary of Transportation •�^- ' � ��CjC% February--19 19% �"` (206)357-2600 Fax(206)357-2601 Dorothye Logue 1019 North H Street Aberdeen, WA 98520 SR 106 MP 8.14 Right Vicinity Gary Cosper Access E.C. File No. 92724-M Dear Mrs. Logue: We have received your request for review of the above proposal and offer the following comments along with our apology for the delay in responding to your concerns: Access to Mr. Cosper's garage was granted November 24, 1987 under permit M87-187. A current review of the right of way plan sheet for this area indicates that the state's right of way is only 15 feet on the upland side of the bay. Therefore, the garage structure, as constructed 23 to 25 feet from the centerline, is well outside of Mason County's 5 foot setback requirement from our right of way. The Department has no objection to the placement of this garage nor was the issuance of the permit unjustified. We have investigated the accident history for the vicinity of mile post 8.14. For the period of time from January 1, 1987 to the most recent available date of September 30, 1992 there has been one accident related to ice and speed on February 19, 1992. The single accident in this area is not a significant event and does not appear to be related to the garage or sight distance. Sight distance from the original review is 720 feet and 945 feet, more than sufficient sight distance for single family use. Again we apologize for the delay in responding to your concerns. If there are any questions regarding our comments, please contact Ed Sharp at (206) 357-2667. Sincerely, PAULA J. HAMMOND, P.E. Transportation Planning Engineer Distri ,,,.,,,,, By: PASCO BAKOTICH, III, P.E. Assistant Transportation Planning Engineer District 3 PJCH PB ECS c: R. Logue / 8110 SR 106 / Union, WA 98592 G. Cosper / E8100 SR 106 / Union, WA 98592 B. Bonham / 2815 Trevue S.W. / Olympia, WA 98501 M. Byrne Mason Co. / P.O. Box 186 / Shelton, WA 98584 M. McGill / WSDOT \W7\92724K.DOC MASON COUNTY DEPARTMENT of GENERAL SERVICES Mason County Bldg. III 426 W.Cedar P.O. Box 186 Shelton, Washington 98584 (206) 427-9670 building parks&recreation fair/convention center planning fire marshal Feb. 22 , 1993 Gary Cosper P.O. Box 189 Union, Washington 98592 Dear Gary: The Mason County Building Department is offering the following information regarding the status of your building permit and the history of your permit process. Enclosed please find the Building Permit Timeline outlined for you October 13, 1992 . This analysis and opinion is the final determination of the Building and Planning Department concerning the history of your permit process. Since this time, a survey has indicted that the lot lines have changed and therefore have effected the side yard setback between your structures and the neighboring structure (Logue) . This is not an uncommon situation, but sometimes a difficult situation when all partys concerned have constructed structures with the best boundary line information available at the time and therefore have constructed buildings in good faith to meet regulations. There are varying solutions to these types of problems . A common solution is to do a boundary line adjustment that would be agreeable to both partys and meet the current setback regulations of the County. This can be done by equal trade of small portions of property or other such arangements. Another method is the variance procedure in which the effected partys may agree to allow adjoining structures to remain less than five feet from the property line if a hardship can be demonstrated. This procedure requires County Commissioner approval . I can provide additional information regarding this procedure should you choose to persue this alternative. I hope this information answers your questions . If you need additional information, contact me at the Department of General Services, telephone 427-9670. Sincerely, W ` � c,� r Mike Byrne, uilding Official Washington State District 3 Headquarters Department of Transportation 5720 Capitol Boulevard,Tumwater P.O. Box Duane Berontson WA 98504-7440 Secretary of Transportation Olympia,WA (206)357-2600 Fax(206)357-2601 March 8, 1993 Jean & Gary Cosper P.O. Box 189 Union, WA 98592 SR 106 MP 8.14 Right Vicinity Gary Cosper Access E.C. File No. 92724-M Dear Mrs. Cos-per: We have received your request for release of the letter from Dorothye Logue regarding your access and our right of way plan sheet: Attached, please find a copy of the requested information for your reference use. Additionally, we have located on the right of way plan sheet the approximate location of your property in relation to the adjacent horizontal curves, engineer stations, mile posts and right of way widths. We hope that this information is sufficient for your use and resolves your concerns. If there are any other questions regarding our comments, please contact Rick Mowlds at (206) 357-2667. Sincerely, PAULA J. HAMMOND, P.E. Transportation Planning Engineer District 3 By: PASCO BAKOTICH, III, P.E. Assistant Transportation Planning Engineer District 3 PJCH PB ECS c: M. Byrne Mason Co. / P.O. Box 186 / Shelton, WA 98584 M. McGill / W5DOT MAR 101993 \W7\93070M.DOC 'ENERALSEMICES r PEON.STgT�o A o DEPARTMENT OF COMMUNITY DEVELOPMENT SN x Z O T rj �0 N Y �,o~ Planning Landfill - Utilities 1864 January 11, 1993 Tim Sheldon P.O. Box 474 Hoodsport, Wa. 98548 . Re: Bill Bonham/Roberta Laakso Issue Dear Mr. Sheldon: Enclosed please find two separate letters sent out by the County Commissioners regarding this matter. I have also enclosed a timeline submitted to the County Commissioners by Staff prior to the October meeting. If I can be of further assistance feel free . to give me a call. Thank you. Respectfully, Don Brush, Planner Department of Community Development Gary Yando,Director of Community Development • Erik Fairchild,Planning Director Mason County Bldg. III 9426 W. Cedar • P. O. Box 578 • Shelton,WA 98584 • (206)427-9670 Recycled GARY COSPER: BUILDING PERMIT - - TIMELINE 10/13/92 10/26/87 Building permit submitted for "Garage" . 11/2/87 Building permit folder notes "Alterations and Garage" . 11/3/87 Planning department signs off the permit (noted on folder) . 11/17/87 Building permit #21211 is issued. Use of building is described as "Garage/deck" . Describe work section reads : "Remove old carport, remove old cement wall . Construct new retaining wall, new garage, new deck. 11/18/87 STOP-WORK posted by Ed Piland, Building Inspector. The order states: "Setback encroachment c.� Right of Way - View obstruction" . A note attached to the stop work states: "Garage Ftg. 24' from centerline of [Hwy. ] 106 . Deck will obstruct view of neighbor on each side" . It appears this note may have been written by Ed Piland. 11/20/87 Note attached to file folder from Mike Byrne reading: "Gary Cosper will bring in a variance request form and a letter from D.O.T. Verify from Patti [Miller-Crowley] that shorelines has cleared this permit" . 11/24/87 WDOT issues permit for approach, with conditions. Form is a "General Permit" with a separate form reading "Special Provisions For Highway Encroachments" . 12/9/92 Wall inspection performed and signed off by Ed Piland. 6/92 Concerns raised by Roberta Laakso/Bill Bonham to Building Department. 8/92 Planning staff inspect site. 10/6/92 Meeting to discuss issue. Building (M. Byrne) , Planning (G. Yando, D. Brush) . ANALYSIS: It is important to note that the Shoreline Master Program in effect at the time of the issuance of the Building Permit differs from the one in effect today. Two sections of Chapter 7. 16 . 080 apply as follows: 2 . Setbacks - the minimum setback for buildings shall be 15 feet from the line of ordinary high water, provided that structures shall not extend beyond the common line of neighboring structures, and new construction shall not substantially reduce the view of neighboring structures. 5 . No addition to or modification of old structures, shall substantially reduce the water view of surrounding structures. While this structure was clearly built forward of the common line, whether view impairment is "substantial" is open to interpretation. When the stop work was posted there were two issues of concern. The highway encroachment issue was apparently resolved to WDOT satisfaction. The issue of view obstruction was raised to the Planning department . It can be assumed that it was resolved in that Planning would not have authorized removal of the stop work by the Building Department unless it was felt that view impairment was not "substantial" . Evidence that the stop work order was lifted is found in the fact that the building inspector signed off on the footing inspection on 12/9 . This would not have been done if there were unresolved issued pending at that time. It is the opinion of the Building and Planning departments that the issues surrounding this permit action were resolved in 1987. There may be other issues involved, such as encroachment on the boundary line, which can only be resolved between affected neighbors. 4 I Maw COURr � .., MASON COUNTY BOARD OF COMMISSIONERS • MASON COUNTY COURTHOUSE BUILDING I 411 NORTH FIFTH (206)427-9670 EXT. 419 SHELTON,WASHINGTON 98584 October 29, 1992 Roberta Laakso E 8110 SR 106 Union, WA 98592 Dear Roberta: We met with the Mason County Prosecutor, the Building Department and Community Development on October 26, 1992, and determined that we will be taking no further action on this construction project at this time. You may wish to pursue a remedy of your own. If you wish to do so, your private counsel can advise you of possible actions. Thank you for providing such a detailed account for us to review and consider. Sincerely, BOARD OF MASON COUNTY COMMISSIONERS Laura E. Porter �— (Jre l R. Myer William O. Hunter 6) Chairperson mmissioner Commissioner BOMCC/klc 1st District 2nd District 3rd District JOEL R. MYER WILLIAM O.HUNTER LAURA E.PORTER L —vv` November 9 , 1992 Mrs . Paula Hammond Transportation Planning Engineer Dist. 3 P. 0. Box 47440 Olympia, Wa. 98504-7440 Dear Mrs . Hammond, This letter is brought about by much concern for the safety of travelers on Highway SR106 , and those visiting or staying at our home on Hood Canal . Our Road Approach or driveway has been blocked by a garage constructed around November, 1987 . We no longer have a safe entry onto Hwy. SR106 as the garage blocks our view. We first became aware of this hazard when we opened up our home that following summer, but didn ' t feel we could do anything about it as the owners must have had all the proper permits in order to build this We since have discovered, they did not. We suffered with this problem for some time, but finely Balled the Highway Dept. and they said that they are not responsible as this is not their department. Again we suffered with this problem, but this year it became very apparent that something needs to be addressed on this dangerous situation. There have been two very close calls where my sister was almost hit exiting our driveway. Another call was made this year, and this time we received much more information. We were told that you only issued a Road Approach permit to the owners , and you are not responsible for any highway setback encrouchments; that the County of the local area is responsible for the setback laws . This garage is setback 24 ' from centerline of SR106 , and 30 ' is the law. When we checled -- with the County, they also denied any responsibility f9r the- structure being built so close to the roadway. They slid it is the DOT' s responsibility, as they issue the perm' If a vehicle had to swerve to miss a car over the-cent rline °`•'� or an object or person in the road they would have no 444i to go except into the garage. The location of this pry"'"..r.:mQ&...1�3u9Q�;;.:-�-,� is Gary & Jean Cosper, E8100 SR106 , Union, Wa. We wish to inform you that we will not be held liable Id any type of accident that might occur to persons , know V3A=fir_':,_. unknown, who may use our road approacht and we would a to ` .��i W.�..ly your looking into this matter . ,�/�y,�l1� .V�VVV .. Sincerely, �' _ - Bill Bonham, dr. rothye tSt Own ' � 2815 Trevue S.W. 1019 N. H Olympia, Wa. 98501 Aberdeen, Wa . 98520 206-943-4080 NOV 251992 November 9 , 1992 Cr, ;ENG DEPT. Mr. Don Brush Building Dept. Courthouse Bldg. III 426 W. Cedar Shelton, Wa. 98584 Mr. Mike Bryne Planning Dept.. Dear Mr. Brush & Mr. Bryne, This is a follow up letter to conversations that have taken place over the last few months between Mike Bryne, Don Brush, Dorothye Logue, Roberta Laakso, and myself . These conversations were in reference to the hazardous conditions that currently exist when attempting to exit our driveway onto SR106 , due to the large structure next door . The address of this structure is Jean & Gary Cosper, E8100 SR106 , Union. Wa. As you know, this garage was built in violation of highway setback laws , and Mason County has refused to enforce the correction of this violation. Therefore, we are putting Mason County Planning & Building Dept. on notice that, should an injury occur to any person, known or unknown, attempting to exit our driveway or road approach onto SR106 , we will hold you legally responsible . Sincerely, A?/�6 Bill Bam, J ( son of Dorothye Logue) 2815 Trevue S.W. Olympia, Wa. 98501 206-943-4080 roth'ye Logue caner o p operty) 1019 N. H St. Aberdeen, Wa. 98520 cc: Mike Bryne 1 MASON COUNTY BOARD OF COMMISSIONERS MASON COUNTY COURTHOUSE BUILDING I 411 NORTH FIFTH (206)427-9670 EXT. 419 SHELTON,WASHINGTON 98584 December 10, 1992 Roberta Laakso 6109 Ridgeview Drive Aberdeen, WA 98420 Dear Roberta: In response to your November 30, 1992 letter we are returning one original packet and one photocopy (One original is not available at this time; however, if you need the original packet you submitted we could continue to try and locate it). We are retaining one original packet for our files as "public record." You also asked for a copy of meeting notes on October 26, 1992. Since this was an executive session there are no notes available. The only record is the conclusion which is in the form of a letter (Our October 29, 1992 Response.Letter to You). Please accept our apologies for the lack of concern displayed. It is our intent to serve the public in a professional and courteous manner. Best wishes, BOARD OF MASON COUNTY COMMISSIONERS -- - . aura E. Porter ary L. Faughender William O. Hunter Chairperson Commissioner Commissioner Enclosures 1st District 2nd District 3rd District MARV L. FAUGHENDER WILLIAM O.HUNTER LAURA E.PORTER