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SHR2018-00010 Hearing SDP - SHR Permit / Conditions - 11/8/2018
NOTICE OF APPLICATION 1/0 1 41 AND NOTICE OF DECISION FOR Administrative Shoreline Substantial Development Permit Notice is hereby given that Keith Ohm has filed an application for.an Administrative Shoreline Substantial Development Permit(SHR2018-00010)to use a portion of their existing garage as an accessory dwelling unit(ADU)within the shoreline jurisdiction.The ADU will be located landward of the primary residence.The ADU is subject to Mason County Development Regulations Section 8.52; 17.03 and 17.50-Shoreline Master Program. Site Address and Project Location: 81 E Orchard LN,Shelton. Parcel Number: 32021-57-01008 Zoning:RR5(Residential) Date of Received Submittal: August 16,2018 Date of Complete Application: October 23,2018 Notice of Application: November 1,2018 Public comment deadline:November 30,2018 Notice of Pending Decision will be issued: on December 3,2018 The subject file application and decision can be viewed by all interested parties at the Permit Assistance Center,located at 615 W.Alder Street,Shelton,WA 98548 during normal business hours. A public hearing will not be held regarding the proposed project,however written comments may be submitted to the Planning Department during this 30-day shoreline public comment period to:Mason County, Planning Department,Attn:Grace Miller,615 W.Alder Street,Shelton,WA 98584, by November 30, 2018. Following the 30-day public comment period(November 30,2018),a copy of the decision will be forwarded to all parties of record(only those whom provided comment(s)during the 30-day public comment period). The referenced decision may also be viewed at the Permit Assistance Center during normal business hours by any party of record or interested parties. Please be aware that the decision will only be forwarded to the applicant,Dept.of Ecology,Attorney General and parries of record generated during the subject 30-day public continent period. Please note that there is a 14-day appeal period following the issuance date of said decision. The decision will be issued on or after December 3,2018. Timely appeals shall be filed with the Mason County Planning Department in accordance with the requirements stipulated in MCC 15.09 and 15.11 The proposal is exempt from SEPA review. Please contact Grace Miller of the Mason County Department of Community Development at(360)427- 9670 ext.360,or at the address listed above,with questions regarding this permit application. MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,Wa 98584 Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 ADDITIONAL INFORMATION FOR SHORELINE SUBSTANTIAL DEVELOPMENT PUBLICATION COST AGREEMENT (for public hearings or commercial SEPA's) 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. Signature of Property Owner Date Print Name OR Signature of Applicant Date Print Name Rev. January 2018 ADU Permit-Shoreline Page 4 of 6 PHILLIPS �■� B U RG E S S PLLC REAL ESTATE I LAND USE I ENVIRONMENTAL LAW RECEIVED November 29, 2018 NOV 3 0 2018 615 W. Alder Street TRANSMITTED VIA FIRST-CLASS MAIL AND ELECTRONIC MAIL TO GBM(n-)CO.MASON.WA.US Mason County Planning Department Attn: Grace Miller 615 W. Alder Street Shelton, Washington 98584 Re: Administrative Shoreline Substantial Development Permit SHR2018-00010 81 E Orchard Lane, Shelton, Washington 98584 Parcel No. 32021-57-01008 Dear Ms. Miller: This law office represents Mark and Linda Copeland, who own the real property located at 91 E Orchard Lane, in Shelton. The Copelands' property is adjacent to the property owned by Keith and Kris Ohm, who have applied for an Administrative Shoreline Substantial Development Permit(SHR2018-00010) (the"Permit")to use a portion of their existing garage as an accessory dwelling unit("ADU"). The Copelands strongly object to the Ohm's Permit and request denial of the Permit because it violates Mason County Code("MCC") 17.03.029 and 17.50.255(B)(4). In 2015, Keith Ohm applied for a permit to construct a new two story detached garage with rough-in toilet and sink only. See BLD2015-0047. Mr. Ohm had the garage built and it passed final inspection in October 2016. But Mr. Ohm did not stop there, instead he built out the garage to include an ADU and failed to seek a permit for the ADU or a shoreline permit. Mr. Ohm was apparently caught by Mason County for not having applied for an ADU or shoreline permit, and was required by Mason County to submit the current permit application. Mr. Ohm also was required by Mason County to submit an OSS permit(SWG2018-00190) and change of use building permit(BLD2018-00804). The Ohms' Permit should be denied because it violates MCC 17.03.029, which provides: 724 Columbia St.NW,Suite 320,Olympia,WA 98501 1 360.742.3500 WWW.PHILLIPSBURGESSLAW.COM 505 Broadway,Suite 408,Tacoma,WA 98402 1 253.292.6640 Mason County Planning Department Att& Grace Miller November 29, 2018 Page 2 Accessory dwelling unit requirement. In rural lands, accessory dwelling units (ADU)must meet the following requirements: (1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a shoreline permit; (2) The owner of the ADU must reside on the lot in either the principal residence or ADU; (3) The ADU shall be located within one hundred fifty feet of the principal residence or shall be a conversion of an existing detached structure(i.e. garage); (4) The ADU shall not exceed eighty percent of the square footage of the habitable area of the primary residence or one thousand feet,whichever is smaller; (5) All setback requirements must be met by the ADU; (6) All applicable health district standards for water and sewer must be met by the ADU; (7) No recreational vehicles shall be allowed as ADU; (8) Only one ADU is allowed on any property; (9) An additional off-street parking space must be provided for the ADU. MCC 17.03.029. The Ohms' ADU violates subsections 3, 4, 5, and 9 of MCC 17.03.029, as described below. The Ohms' primary residence is 640 square feet, according to the Mason County Appraiser. See enclosed. The Ohms' building permit application states that the ADU is 595 square feet. See enclosed. The ADU square footage,therefore, exceeds eighty percent of the square footage of the habitable area of the primary residence by 83 square feet(640 x .8 = 512). For this reason alone, the permit should be denied pursuant to MCC 17.03.029(4). However, the Ohms' ADU is located more than 150' feet from the primary residence, violates setback requirements from the boundary between the Ohm and Copeland properties, and does not include an additional off-street parking space, which are all violations of MCC 17.03.029 that require denial of the Permit. See MCC 17.03.029(3),(5), and(9). In addition, the Permit should be denied because it violates MCC 17.50.255(B)(4), which provides: Mason County Planning Department Attu:Grace Miller November 29, 2018 Page 3 Accessory dwelling units may be allowed subject to meeting the following criteria: a. Only one accessory dwelling unit per lot. b. Strict compliance with current sewage setback and design standards as per county health regulations. C. Minimal impact on surrounding properties from view blockage, traffic,parking and drainage. d. Compliance with buffer and setback criteria set forth in MCC 17.50.110(General Regulations). e. Accessory dwelling units shall require a substantial development permit and shall not exceed eighty percent of the square footage of the habitable area of the primary residence or one thousand square feet; whichever is smaller. f. Compliance with requirements of MCC 17.03.029. MCC 17.50.255(B)(4). The Ohms'- ADU has greatly impacted the Copeland's property by having increased traffic, driveway blockages, and drainage issues in the driveway that corresponded with the construction of the garage and ADU. In addition, the ADU exceeds eighty percent of the square footage of the habitable area of the primary residence, as previously shown. The ADU,therefore, violates MCC 17.50.255(13)(4)(c),(e), and(f), and should be denied. If you have any questions or concerns,please feel free to contact me. Please email me a copy of Mason County's decision when it is issued. My email address is dbernerAphillipsburgesslaw.com. Very trul yours, Berner DAB:kad Enclosures CC: Client(via email only) Page 1 of 2 Grace Miller. - RE: Administrative Shoreline Substantial Development Permit SHR2018-00010 - 81 E Orchard Lane, Shelton,Washington 98584 From: Daniel Berner<dberner@phillipsburgesslaw.com> To: Krista Davis <kdavis@phillipsburgesslaw.com>, "GBM@CO.MASON.WA.US" <GBM@... Date: 12/10/2018 4:24 PM Subject: RE: Administrative Shoreline Substantial Development Permit SHR2018-00010 - 81 E Orchard Lane, Shelton, Washington 98584 Good afternoon Ms. Miller, Can you please provide a status update regarding SHR 2018-00010? 1 believe that the decision was anticipated to be issued on 12/3/18. 1 left you a voice message earlier this afternoon requesting a status update. Thank you, Daniel Berner Attorney dberner@phillipsburgesslaw.com 1website 724 Columbia St.NW,Suite 320,Olympia,WA 98501 1 360.742.3500 505 Broadway St.,Suite 408,Tacoma,WA 98402 1253.292.6640 PHILLIPS '.ail.m� BURGESS PLLC REAL ESTATE I LAND USE I ENVIRONMENTAL LAW From: Krista Davis Sent:Thursday, November 29, 2018 3:51 PM To: 'GBM@CO.MASON.WA.US'<GBM@CO.MASON.WA.US> Cc: Daniel Berner<dberner@phillipsburgesslaw.com> Subject:Administrative Shoreline Substantial Development Permit SHR2018-00010-81 E Orchard Lane,Shelton, Washington 98584 Dear Ms. Miller: Please find the attached letter from Danial Berner regarding the above-referenced matter.The original of this letter and its enclosures will follow via First Class Mail. Sincerely, Krista Davis file:///C:/Users/gbm/AppData/Local/Temp/XPgrpwise/5COE9351 Masonmaill00167376E... 12/11/2018 Page 2 of 2 Paralegal kdavis@phillipsburgesslaw.com 1website 724 Columbia St.NW,Suite 320,Olympia,WA 98501 1 360.742.3500 505 Broadway St.,Suite 408,Tacoma,WA 98402 1253.292.6640 PH I LLI PS BURGESS PL_LC REAL ESTATE I LAND USE I ENVIRONMENTAL LAW file:///C:/Users/gbm/AppData/Local/Temp/XPgrpwise/5COE9351 Masonmai1100167376E... 12/11/2018 Page 1 of 1 Grace.Miller. - Administrative Shoreline Substantial Development Permit SHR2018-00010 - 81 E Orchard Lane, Shelton, Washington 98584 From: Krista Davis <kdavis@phillipsburgesslaw.com> To: "GBM@CO.MASON.WA.US" <GBM@CO.MASON.WA.US> Date: 11/29/2018 3:50 PM Subject: Administrative Shoreline Substantial Development Permit SHR2018-00010 - 81 E Orchard Lane, Shelton, Washington 98584 CC: Daniel Berner <dberner(cphillipsburgesslaw.com> Attachments: 2018.11.29 Ltr to Mason County re SHR permit.pdf Dear Ms. Miller: Please find the attached letter from Danial Berner regarding the above-referenced matter.The original of this letter and its enclosures will follow via First Class Mail. Sincerely, Krista Davis Paralegal kdavis@phillipsburl;esslaw.com 1website 724 Columbia St.NW,Suite 320,Olympia,WA 98501 1 360.742.3500 505 Broadway St.,Suite 408,Tacoma,WA 98402 1253.292.6640 FPH I LLI PS �■ BURGESS PLLC REAL ESTATE I LAND USE I ENVIRONMENTAL LAW IMPORTANT/CONFIDENTIAL:This e-mail message(and any attachments accompanying it)may contain confidential information,including information protected by attorney-client privilege.The information is intended only for the use of the intended recipient(s).Delivery of this message to anyone other than the intended recipient(s)is not intended to waive any privilege or otherwise detract from the confidentiality of the message.If you are not the intended recipient,or if this message has been addressed to you in error,do not read,disclose,reproduce,distribute, disseminate or otherwise use this transmission,rather,please promptly notify the sender by reply e-mail,and then destroy all copies of the message and its attachments,if any. file:///C:/Users/gbm/AppData/Local/Temp/XPgrpwise/5C000AB9Masonmail100167376... 11/29/2018 Page 1 of 1 Grace Miller-RE: Need confirmation for Appeals From: "Mraz, Richard A. (ECY)" <rmra461@ECY.WA.GOV> To: Kell Rowen <krowen@co.mason.wa.us> Date: 12/14/2018 2:18 PM Subject: RE: Need confirmation for Appeals CC: Grace Miller<Gbm@co.mason.wa.us>, Marissa Watson <MWatson@co.mason.wa.u... Per Section 17.50.400.C.4.: Appeal to State Shorelines Hearings Board. Any person aggrieved by the granting, denying, rescission or modification of a Shoreline Permit may seek review from the State Shoreline Hearings Board by filing an petition for review within 21 days of the"date of filing"of the decision. Said request shall be in the form required by the rules for practice and procedure before the State Shoreline Hearings Board. Concurrent with the filing of request for review with the Hearings Board, the person seeking review shall file a copy of the request for review with the Department of Ecology,the Attorney General and the Hearing Examiner. The Shoreline Hearing Board regulations are contained in Chapter 461-08 WAC. I don't see any reference to Appeal Hearings on p. 125-126 or anywhere else in the SMP., From: Kell Rowen [krowen@co.mason.wa.us] Sent: Friday, December 14, 2018 9:29 AM To: Mraz, Richard A. (ECY)<rmra461@ECY.WA.GOV> Cc: Grace Miller<Gbm@co.mason.wa.us>;Marissa Watson <MWatson@co.mason.wa.us>; Ronald Buckholt <RBuckholt@co.mason.wa.us> Subject: Need confirmation for Appeals Hi Rick, Grace is working on a Shoreline Substantial Development permit for an ADU,which is now reviewed administratively.It will likely be appealed by the neighbor/s once she approves it. We are assuming the appeal would first go to the Hearing Examiner and then the SHB(and not straight to the SHB), but want to confirm. THANKS! Sincerely, Kell Rowen I Planning Manager Mason County Community Services krowen@co.mason.wa.us 360.427.9670 ext.286 Please note our new hours:Mon-Thurs 8:00-4:30&Friday 8:00-12:00 file:///C:/Users/gbm/AppData/Local/Temp/XPgrpwise/5C I3BBA7Masonmai1100167376... 12/14/2018 Page 1 of 4 t , Grace Miller - RE: Administrative Shoreline Substantial Development Permit SHR2018- 00010 - 81 E Orchard Lane, Shelton, Washington 98584 From: Grace Miller To: Daniel Berner Subject: RE:Administrative Shoreline Substantial Development Permit SHR2018-00010 - 81 E Orchard Lane, Shelton,Washington 98584 Hi Daniel, Happy New Year! I have attached the Decision and Exhibits, in 3 parts.I will put the same packet in the mail today also. Please let me know if you have any questions.Thank you. Grace >>> Daniel Berner <dberner@ phi 11ipsburgesslaw.com> 1/4/2019 3:42 PM >>> Hi Grace, Has the decision been issued on this permit? If so,can you please email me a copy of the decision? Thank you and Happy New Year! Best, Daniel Berner Attorney dberner@phillipsburpesslaw.com 1website 724 Columbia St.NW,Suite 320,Olympia,WA 98501 1 360.742.3500 915 5 I Street,Tacoma,WA 98405 1253.292.6640 PHILLIPS ��. BURGESS PLI-C REAL ESTATE I LAND USE I ENVIRONMENTAL LAW From: Daniel Berner Sent:Thursday, December 20, 2018 3:19 PM To: 'Grace Miller' <Gbm@co.mason.wa.us> Subject: RE: Administrative Shoreline Substantial Development Permit SHR2018-00010-81 E Orchard Lane, Shelton,Washington 98584 about:blank 1/7/2019 Page 2 of 4 Hi Grace, Thank you for the update. I will let my clients know that they should expect a decision by January 4, 2019. Happy Holidays! Best, Daniel Berner Attorney dberner@phillipsburgesslaw.com 1website 724 Columbia St.NW,Suite 320,Olympia,WA 98501 1 360.742.3500 505 Broadway St.,Suite 408,Tacoma,WA 98402 1253.292.6640 PHILLIPS ...�. BURGESS PLLC REAL ESTATE I LAND USE I ENVIRONMENTAL LAW From:Grace Miller [mailto:Gbm@co.mason.wa.us] Sent:Thursday, December 20, 2018 12:10 PM To: Daniel Berner<dberner@ Phil lipsburgesslaw.com> Subject: RE:Administrative Shoreline Substantial Development Permit SHR2018-00010-81 E Orchard Lane, Shelton,Washington 98584 Hi Daniel, I anticipate making a decision the first week of January so I should get something in writing to you by January 4th.Will that work for you? Grace 615 West Alder Street Shelton,WA 98584 >>> Daniel Berner <dberner@phillipsburgesslaw.com> 12/19/2018 4:39 PM >>> Hi Grace, Do you know when a decision will be made on this permit? Thank you! Daniel Berner Attorney about:blank 1/7/2019 Page 3 of 4 f dberner@phillipsburgesslaw.com 1website 724 Columbia St.NW,Suite 320,Olympia,WA 98501 1 360.742.3500 505 Broadway St.,Suite 408,Tacoma,WA 98402 1253.292.6640 PHILLIPS .�� BURGESS PLC REAL ESTATE I LAND USE I ENVIRONMENTAL LAW From: Daniel Berner Sent:Tuesday, December 11, 2018 4:02 PM To: 'Grace Miller' <Gbm@co.mason.wa.us> Subject: RE: Administrative Shoreline Substantial Development Permit SHR2018-00010-81 E Orchard Lane, Shelton,Washington 98584 Hi Grace, Thank you for the update! -Daniel Berner From:Grace Miller [mailto:Gbm@co.mason.wa.us] Sent:Tuesday, December 11, 2018 3:57 PM To: Daniel Berner<dberner@phillipsburgesslaw.com> Subject: RE: Administrative Shoreline Substantial Development Permit SHR2018-00010-81 E Orchard Lane, Shelton, Washington 98584 Hello Daniel, We have not yet completed our review of the Ohm application.I will let you know as soon as I have a status update or decision for you.Thank you. Grace Miller 615 West Alder Street Shelton, WA 98584 >>> Daniel Berner <dberner@ Phil lipsburgesslaw.com> 12/10/2018 4:24 PM >>> Good afternoon Ms. Miller, Can you please provide a status update regarding SHR 2018-00010? 1 believe that the decision was anticipated to be issued on 12/3/18. 1 left you a voice message earlier this afternoon requesting a status update. Thank you, about:blank 1/7/2019 Page 4 of 4 Daniel Berner Attorney dberner@phillipsburgesslaw.com Iwebsite 724 Columbia St.NW,Suite 320,Olympia,WA 98501 1 360.742.3500 505 Broadway St.,Suite 408,Tacoma,WA 98402 1253.292.6640 PHILLIPS �.�. BURGESS PLLC REAL ESTATE I LAND USE I ENVIRONMENTAL LAW From: Krista Davis Sent:Thursday, November 29, 2018 3:51 PM To: 'GBM@CO.MASON.WA.US'<GBM@CO.MASON.WA.US> Cc: Daniel Berner<dberner@phillipsburgesslaw.com> Subject:Administrative Shoreline Substantial Development Permit SHR2018-00010-81 E Orchard Lane, Shelton,Washington 98584 Dear Ms. Miller: Please find the attached letter from Danial Berner regarding the above-referenced matter.The original of this letter and its enclosures will follow via First Class Mail. Sincerely, Krista Davis Paralegal kdavis@phillipsburgesslaw.com 1website 724 Columbia St.NW,Suite 320,Olympia,WA 98501 1 360.742.3500 505 Broadway St.,Suite 408,Tacoma,WA 98402 1 253.292.6640 PHILLIPS BURGESS PLLC REAL ESTATE I LAND USE I ENVIRONMENTAL LAW about:blank 1/7/2019 STATE o� RECEIVED ` y JAN 2 2 2019 w� 1889 goy - 615 W. Alder Street STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 • Olympia, Washington 98504-7775 • (360)407-6300 711 for Washington Relay Service • Persons with a,speech disability can call 877-833-6341 January 14, 2019 Keith Ohm 81 E Orchard Lane Shelton, WA 98584 Re: Mason County Permit#SHR2018-00018 -Approved Keith Ohm- Applicant Shoreline Substantial Development Permit(SDP) #3958 Dear Keith Ohm: On January 9, 2019, the Department of Ecology received notice that Mason County approved your application for an SDP. Your permit is to use 595 square feet of the upstairs of an existing garage as an accessory dwelling unit, within shoreline jurisdiction of Hammersley Inlet. By law, local governments must review all SDPs for compliance with: • The Shoreline Management Act(Chapter 90.58 RCW) • Ecology's Substantial Development Permit approval criteria(Chapter 173-27-150 WAC) • The Mason County Local Shoreline Master Program. Local governments, after reviewing SDPs for compliance, are required to submit them to Ecology. Your approved SDP has been received by Ecology. What Happens Next? Before you begin activities authorized by this permit, the law requires you wait at least 21 days from January 9, 2019, the "date of filing." This waiting period allows anyone (including you) who disagrees with any aspect of this permit to appeal the decision to the state Shorelines Hearings Board. You must wait for the conclusion of an appeal before you can begin the activities authorized by this permit. We recommend contacting the Shorelines Hearings Board at (360) 664-9160 before beginning permit activities to ensure that no appeal has been filed. Information on appeals is also posted at http://www.eluho.wa.gov/Decision/Search_Cases. Select "Shorelines Hearings Board" from the drop down menu labeled "Board" and enter "Search." The most current appeal will appear on top. If you want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at the Shorelines Hearings Board website above. They are also posted on the website of the Washington State Legislature at: http://apps.leg.wa.gov/wac. Keith Ohm January 14,2019 Page 2 of 2 Other federal,state, and local permits may be required in addition to this shoreline permit. If you have any questions about this letter,please contact Donna Joblonski at(360)407-7058. Sincerely, Donna Joblonski,Administrative Assistant Shorelands and Environmental Assistance Program cc: Grace Miller,Mason County STATE RECEIVED b� N JAN 2 2 2019 ���1889 goy 615 W. Alder Street STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775•Olympia, Washington 98504-7775 • (360)407-6300 711 for Washington Relay Service• Persons with a,speech disability can call 877-833-6341 January 14, 2019 �a 3�6 M P7— 1N r+E 8)fZCEC FW-6� Keith Ohm 81 E Orchard Lane Shelton, WA 98584 10 Re: Mason County Permit#SHR2018-000jg"�-Approved Keith Ohm-Applicant Shoreline Substantial Development Permit(SDP) #3958 Dear Keith Ohm: On January 9, 2019,the Department of Ecology received notice that Mason County approved your application for an SDP. Your permit is to use 595 square feet of the upstairs of an existing garage as an accessory dwelling unit, within shoreline jurisdiction of Hammersley Inlet. By law, local governments must review all SDPs for compliance with: • The Shoreline Management Act(Chapter 90.58 RCW) • Ecology's Substantial Development Permit approval criteria(Chapter 173-27-150 WAC) • The Mason County Local Shoreline Master Program. Local governments, after reviewing SDPs for compliance, are required to submit them to Ecology. Your approved SDP has been received by Ecology. What Happens Next? Before you begin activities authorized by this permit,the law requires you wait at least 21 days from January 9, 2019,the"date of filing." This waiting period allows anyone (including you) who disagrees with any aspect of this permit to appeal the decision to the state Shorelines Hearings Board. You must wait for the conclusion of an appeal before you can begin the activities authorized by this permit. We recommend contacting the Shorelines Hearings Board at(360) 664-9160 before beginning permit activities to ensure that no appeal has been filed. Information on appeals is also posted at htto://www.eluho.wa.gov/Decision/Search Cases. Select "Shorelines Hearings Board" from the drop down menu labeled "Board" and enter "Search." The most current appeal will appear on top. If you want to appeal this decision,you can find appeal instructions(Chapter 461-08 WAC) at the Shorelines Hearings Board website above. They are also posted on the website of the Washington State Legislature at: http://apps.leg.wa.gov/wac. Keith Ohm January 14,2019 Page 2 of 2 Other federal,state, and local permits may be required in addition to this shoreline permit. If you have any questions about this letter,please contact Donna Joblonski at(360)407-7058. Sincerely, Donna Joblonski, Administrative Assistant Shorelands and Environmental Assistance Program cc: Grace Miller, Mason County January 7,2019 EXHIBIT 1 NOTICE OF DECISION with STAFF REPORT FINDINGS FOR ADMINISTRATIVE SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT Case No: SHR2018-00010 Staff:Grace Miller I. APPLICANT.The applicant is Keith Ohm. 11. PROPERTY LOCATION.The property is located on Hammersley Inlet at 81 E Orchard Lane, Shelton. III. LEGAL DESCRIPTION. Shorecrest Addition 2nd Replat Blk: 1,Lot: 8&TAX 235-C,within Sec 21,Twn 20 N,R 3 W.Parcel Number 32021-57-01008. IV. EVALUATION. PROPOSAL:The proposal is to use 595 SF of the upstairs of an existing garage as an accessory dwelling unit.The building permit for the garage was approved by the Planning Department in 2015.There is a pending Building Permit Application for the Change of Use for a portion of the garage to an Accessory Dwelling Unit. A. Characteristics of the site and area:The ADU is located within the second floor of a recently constructed two-car garage.The garage is located 15' landward of the existing two-story residence which is located approximately 30' from the shoreline.There is an approved upgraded septic system located between the garage and the county road.There are adjacent residences located on either side of the property along the shoreline and across the county road.The residence to the north shares a driveway with the applicant.The property is located within the Shorecrest subdivision,on the north shore of Hammersley Inlet,Puget Sound. B. Shoreline designation:The shoreline environment of the site is Residential. C. Zoning:The zoning is Rural Residential 5. D. SEPA Compliance:The project is SEPA exempt under WAC 197-11-800(b)(i). E. Other Permits:Mason County has required a Building Permit with a Change of Use Permit to convert a portion of the garage to living space.The Environmental Health Department has approved the three-bedroom septic system for use by both residences.The Shorecrest Estates Water System provides water to the development. V. ANALYSIS:Comprehensive Plan Review:Type II review for permit applications require administrative review in order to ensure that the proposal will be consistent with Mason County's Development Codes,adopted plans and regulations.The administrative staff review shall review the proposal according to the following criteria: 1)The development does not conflict with the Comprehensive Plan and meets the requirements and the intent of the Mason County Code, especially Title 6,8 and 17.2)The development does not impact the public health,safety and welfare and is in the public interest. 3)The development does not lower the level of services of transportation and/or park facilities below the minimum standards established within the Comprehensive Plan. The development meets the applicable criteria and does not conflict with 1 r VI. the Comprehensive Plan.As conditionally permitted by Mason County, the proposal meets therequirements and intent of the Mason County Codes. The proposed ADU does not impact public health, safety or welfare and is in the public interest. MC Development Regulations: 17.03.029 Accessory Dwelling Unit Requirement—The ADU shall be subject to an administrative Shoreline Substantial Development Permit,when such an ADU is located within the 200 foot jurisdiction of the regulated shoreline. The proposed ADU is located within 200'of the shoreline of Hammersley Inlet and therefore shall be reviewed per the Shoreline Master Program policies and regulations. The structures will be in conformance with shoreline buffer and building setbacks. The structure is located 15'landward of the existing residence which is closer to the shoreline. The shoreline buffer is between the existing residence and the OHWM and is not being altered by this proposal. The ADU is located 50'from the county road easement to the east and 31'from the south side property line. The ADU is located 10'from the shared driveway easement which is the minimum building setback from the easement. This is a 20'wide easement driveway for ingress,egress and utilities between the applicant's lot and the lot to the north located at 91 E Orchard Lane. Mason County Comprehensive Plan Chapter IX:Accessory Living Quarters Policy:Accessory living quarters for the use of guests,employees or immediate family members should be allowed as a Substantial Development when minimal impact would occur to the surrounding area.The cumulative impact of like structures on neighboring properties must be considered. Typical lots in this subdivision area are smaller than the typical RR5 zoned residential lots, with small to medium homes dominating the lots. The proposed ADU within the existing garage and the existing residence appears to have minimal impact to the surrounding area. Mason County Code 17.03.029—Accessory Dwelling Unit Requirements: In Rural lands, accessory dwelling units must meet the following requirements: (1) The ADU shall be subject to a special use permit,unless in shoreline jurisdiction,it is subject to a shoreline permit; (2) The owner of the ADU must reside on the lot in either the principal residence or ADU; (3) The ADU shall be located within one hundred fifty feet of the principal residence or shall be a conversion of an existing detached structure(i.e.garage); (4) The ADU shall not exceed eighty percent of the square footage of the habitable area of the primary residence or one thousand feet,whichever is smaller; (5) All setback requirements must be met by the ADU; (6) All applicable health district standards for water and sewer must be met by the ADU; (7) No recreational vehicles shall be allowed as an ADU; (8)-Only one ADU is allowed on any property (9) An additional off-street parking space must be provided for the ADU. Staff response to each of the above criteria follow: (1) The appropriate Shoreline Substantial Development has been reviewed and approved by county staff. (2) The owner of the ADU does reside on the lot in either the principal residence or ADU. (3) The ADU is located approximately 15'from the primary residence. (4) The ADU does not exceed eighty percent of the square footage of the habitable area of the primary residence or one thousand square feet, whichever is smaller. The ADU is 595 square feet of habitable area within an existing garage and the habitable area within the primary residence is 1,024 square feet. (5) The ADU meets all setback requirements. The minimum 10'setback proposed from the shared easement is permitted. The side yard setback of 31'to the south property line and 50'to the county road exceed the setback requirements. The garage is landward of the primary residence and meets the shoreline setbacks. The ADU is within 150'of the primary residence. (6) The upgraded three bedroom septic system was approved by the Mason County Environmental Health Department in 2018 to serve both residences on the property. The water is supplied by the Shorecrest Estates Water Company. 2 I , (7) No recreational vehicles are proposed. (8) Only one ADU is proposed. (9) Additional off-street parking is proposed within the garage below the ADU where there are two car stalls. Mason County Code Title 17.50 Zoning—Shoreline Master Program Use Regulations— Accessory Dwelling Units: Accessory dwelling units are defined as"separate living quarters, attached or detached from the primary residence which contain less habitable area than the primary residence.An ADU is not an appurtenance."They are subject to the following criteria: 1) Only one accessory dwelling unit allowed per legal lot. 2) Strict compliance with current sewage setback and design standards as per County Health regulations. 3) Minimal impact on surrounding properties from view blockage,traffic,parking and drainage. 4) Compliance with setback criteria set forth in MCC 17.50.110(General Regulations). 5) Accessory living quarters shall require a Substantial Development Permit and shall not exceed eighty percent(80%)of the square footage of the habitable area of the primary residence or one thousand(1,000)square feet;whichever is smaller. 6) Furthermore,compliance with the requirement of MCC 17.03.029—Accessory dwelling unit requirements:(a)The ADU shall be subject to a special use permit,unless in the shoreline jurisdiction,it is subject to a shoreline substantial development permit; Staff response to the Shoreline Master Program criteria for approval of an accessory dwelling unit: 1) This is the only accessory dwelling unit proposed for the property. 2) With the approved Change of Use Building Permit for the second.floor of the garage, the proposal will meet all requirements for health and safety. The septic system was approved by the MC Health Department in 2018.to be used for the ADU and the existing residence. The well connection is to be approved by the Shorecrest Estates Water Companyt. 3) There will be minimal impact to surrounding properties related to this proposal. The views of the adjacent neighbors, toward Hammersley Inlet, will not be impacted by the existing garage to be partially used as an ADU. There do not appear to be any impacts to the surrounding properties because of traffic,parking or drainage. The off-street parking for the ADU and primary residence is located within the bottom floor of the primary residence and the new garage, where there are two parking stalls. There is a concrete apron on the side of the garage that appears to extend into the shared driveway easement. This concrete is not subject to setback requirements. The existing garage was built 10'from the shared easement. Traffic, parking and drainage will not change from the pre-existing condition of the structure as a garage. The owners of the easement should work cooperatively to maintain the existing drainage of the easement and prevent any direct discharge of stormwater to Puget Sound from their shared driveway. 4) The proposal complies with the setback criteria set forth in MCC 17.50.110(General Regulations). The existing garage structure is in conformance with the shoreline buffer and building setbacks. The structure is located 15'landward of the existing residence which is closer to the shoreline, at approximately 30'from the OHWM. The shoreline buffer is between the OHWM and the existing primary residence and will not be altered as a result of this proposal. There are mature fir trees located within the buffer and around the residence. Landward of the buffer there are upland retaining walls,gravel, landscaping and mature fir trees.Modification of the existing shoreline buffer is not proposed. 5) The habitable area of the ADU does not exceed 1000 SF in size or 80%of the primary residence size. The habitable area of the garage is 595 square feet. The total square footage of habitable area within the primary residence is 1,024 square feet. This primary residence 3 total includes a 640 square foot basement that consists of 384 square feet of living space and 256 square feet of garage/boat storage. The second main floor of the primary residence is 640 square feet of habitable area. Therefore, the total square footage, with the 384 square feet of living space in the basement and 640 square feet of living space on the main level is 1,024 square feet. Eighty percent of the primary residence would be approximately 819 square feet. The proposed 595 square feet ofADU does not exceed it. 6) A Shoreline Substantial Development Permit has been approved for the use of the second floor of the existing garage as an ADU.A Building Permit for the change of use within the second floor is also required. IV. CONCLUSION. Two public comments were received and are attached as Exhibit#5. Staff has addressed the concerns raised within the comment letters throughout this report and Decision. In response to the 11/24/18 letter,questioning why Mason County does not honor the homeowners association by-laws regarding accessory dwelling units,staff response is that the enforcement of private covenants or restrictions is a matter of private concern between the homeowner and the association.The county would not involve itself in the enforcement of such a covenant.Staff informed the applicant and neighbors who asked about this issue that this is a private issue that will need to be resolved with the association.In response to the second letter dated 11/29/18,staff has addressed the concerns within this staff report and Notice of Decision. Planning staff has reviewed the proposal under the Administrative Review process for ADU's. Staff has determined that the proposal meets all the criteria of the MC Shoreline Master Program.Based upon the Policies and Use Regulations,the project is consistent with the Mason County Shoreline Master Program Residential Development Accessory Dwelling Unit requirements and the Mason County Development Regulations 17.03.029 Accessory Dwelling Unit Requirements. Staff has approved the project,as proposed on the submitted application and site plan,with the Condition that Stormwater drainage from the site is treated prior to it entering Puget Sound. Staff conditions include enhancement of the shoreline buffer with native vegetation.The vegetation enhancement shall be done between the residence and ordinary high water mark with emphasis on the area between the terminus of the shared driveway and the ordinary high water mark(OHWM). Per Section 17.50.400.C.4 of the Shoreline Master Program:Appeal to State Shorelines Hearing Board. Any person aggrieved by the granting,denying,rescission or modification of a Shoreline Permit may seek review from the State Shoreline Hearings Board by filing a petition for review within 21 days of the"date of filing"of the decision.-Said request shall be in the form required by the rules for practice and procedure before the State Shoreline Hearings Board.Concurrent with the filing of request for review with the Hearings Board,the person seeking review shall file a copy of the request for review with the Department of Ecology,the Attorney General and the Hearing Examiner.The Shoreline Hearing Board regulations are contained in Chapter 461-08 WAC. 4 EXHIBITS for Keith Ohm,Case#SHR2018-00010: 1. Notice of Decision and Staff Report. 2. Application for ADU Shoreline Substantial Development Permit. 3. Site Plan and vicinity maps. 4. Public Notice. 5. Public comments. 6. Assessor's office information regarding parcel. 5 MASONCOUNTY For Mason County Permit Center use: COMMUNITY SERVICES SHR 2.o18- DOo t a \ Recv'd by: Planner: j Building,Planning,Environmental Health,Community Health 615 W Alder St.,Bldg 8,Shelton, WA 98584 Date Stamp Recv'd: Phone: (360)427-9670 ext 352 :• Fax(360)427-7798 ACCESSORY DWELLING UNIT PERMIT RECEIVED (Shoreline Substantial Development Permit with ADU criteria) JUL 2 5 2018 615 W. Alder Street Permit and Fee: ❑ Shoreline Substantial Development (SHR)-application fee: $880.00 *1fADU is within 200'of a shoreline: a Shoreline Substantial Development Permit is required with signed publication notice,AND a list of property owners'names and addresses within 300'of property lines. - Environmental Health fee: $ SEE WA+ZO 18-d00-}Z.. The Washington State Shoreline Management Act (RCW 90.58) requires that substantial developments within designated shorelines of the state comply with its administrative procedures (WAC 173-14) and the provisions of the Mason County Shoreline Management Master Program. The purpose of this Act and local program is to protect the state's shoreline resources. The program requires that substantial development (any development of which the total cost or fair market value exceeds $7,047.00 or materially interferes with the normal public use of the water or shorelines of the State be reviewed with the goals, polices, and performance standards established in the Master Program. Answer all questions completely. Attach any additional information that may further describe the proposed development. Incomplete applications will be returned. Applicant(s) Name: ll E ,' �`1 (✓!7 /,71 Mailing Address: 1 Cee-/1 R d ^� qe5o Phone: J 6_3 `-3-3�Z / c7 10 E-mail: ��'C CO/7Z22/_0 17P Property Owners Name: (ifdifferent than applicant) Site Address: Brief Legal Description: Shnry,.c_ bl.k- �.. Lo f: 8 TIll-A a s -C_ Tax Parcel Zoning: " �-5 Rev. January 2018 AD Permit-Shoreline Page 1 of 6 Project Description: chd' 6 A USL 5-i5 EXI-4I nc to n4 �} - ��� l 8 - DO cg0 2- I - 4 Z DI - 00I� Mason County Code Title 17.03.029 requires the following criteria to be met for consideration of an Accessory Dwelling Unit (ADU) Permit: ACCESSORY DWELLING UNIT (ADU) REQUIREMENTS YES NO INFORMATION 1. Is the ADU in a shorelinejurisdiction? ❑ ❑ (� ❑ ❑ Please inquire with Mason County 1 a Are you in the Flood Plain? Community Services staff, if unsure. 2. Will the owner of the lot reside in either the principal ❑ residence or the ADU? 3.Will the ADU be located within 150 feet of the principal ❑ residence or will the ADU be a conversion of an existing structure i.e. garage)? 4. The ADU cannot exceed 80 percent of the habitable area ❑ of the primary residence, or 1000 sq. ft.,whichever is LJ smaller. Will your proposed ADU meet this criteria? Please inquire with Mason County 5. Will the ADU meet all setback requirements? 2, ❑ Community Services staff, if unsure. Please see last page of this packet 6. Will all applicable health district standards for water and ❑ titled "ADU Environmental Health sewer be met by the ADU? Requirements" 7. Recreational vehicles are not allowed as ADUs. Please ❑ confirm (with YES) that you are not submitting a Recreational vehicle for review. 8. Your property will only have one 1 ADU? ❑ 9. You have provided an additional off-street parking space ❑ for the ADU? (Ord.108-05 Attach B.(part),2005) Rev. January 2018 ADU Permit-Shoreline Page 2 of 6 ❑ SITE PLAN CHECK-LIST Please provide/attach 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 spaces. ❑ Location of Onsite Sewage System (OSS) components (including tanks, drainfields, reserve areas, etc.) ❑ Location of existing and proposed wells, within 100ft. of property, shown with 100ft. radius. ❑ Location of existing and proposed waterlines. ❑ Steep bluffs, wetlands, streams, and bodies of water. ❑ Surface and storm water run-off routes. ❑ On a separate piece of paper(#of pages: 1, state your reasons for requesting an Accessory Dwelling Permit and be sure to address the following six criteria. Your request will be evaluated based on these criteria and the Accessory Dwelling Unit Requirements from the previous section. 1. Will the proposed use be detrimental to public health, safety, and welfare? 2. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? 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? 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? Applicant's Signature `-/'1 � - - Date `7' /— /P Rev. January 2018 ADU Permit-Shoreline Page 3 of 6 MASON COUNTY COMMUNITY SERVICES Building.Planning,Environmental Health,Community Health ADU ENVIRONMENTAL HEALTH REQUIREMENTS YES NO INFORMATION p!u f�,rJsro r 1. Will the ADU be served by an EXISTING Onsite Sewage System(OSS)? _'L_ s G4Q i ly 3 OSS's are sized off bedrooms. efer to the onsite sewage records 1(a). Total bedroom count from existing and proposed connected structures o file with Mason County to find match the approved OSS records on file? y r OSS approved size. If bdd_room count exceeds system size, -egntact a licensed septic designer for upgrade options. OSS application and design permit 2. Will the ADU be served by a NEW Onsite Sewage System(OSS)? must be submitted and approved prior to EH approval of ADU permits -Foundation to Drainfield(s):I Oft -Foundation to Reserve Area(s): loft 3. Will the ADU meet all setbacks to new or existing OSS components? �( Foundation to Septic Tank(s): 5ft ' 1 Down gradient Foundation/perimeter drains must maintain 3011 to Drainfields. �J Attach a signed Sewer Adequacy 4. Will the ADU be served by a NEWI�F EXISTING sewer connection? Form from Sewer System Manager fff to this application. 5. Will the ADU be served by a NEW EXISTING lic water system Attach a signed Water Adequacy (over 3 connections)? Form from Water System Manager to this application 6. Will the ADU be served by an EXISTING private well? Well must be permitted and 7. Will the ADU be served by a NEW well that is not constructed yet? constructed prior to EH approval of ADU permits. Mason County Code Title 17.03.029 requires EH approval ► rior to approval of ADU permit. Environmental Health Review Pre-approval: Comments Cep Jot r in S ppROVE WG 16 2O1a t'.) eL�'e_ MASON COUNTY ENVIRONMENTAL HEALTH (EH approval stamp with Initials of EHS) ADU Permit—Shoreline Page 6 of 6 Mason County WA GIS Web Map �x3 ry ' '14Ito& Dr, LL E r.71„m.:.. - J Or _ r r ru Dr Ca { j n 1 V hlin�m�isle, Ink-,t 11/9/2018 9:04:47 AM 1:6,144 0 0.05 0.1 0.2 mi County Boundary '—'`—r-'-�'�'�'�J 0 0.07 0.15 0.3 km Tax Parcels (Zoom in to 1:30,000) Sources:Esri,HERE,Garmin,Intermap,increment P Corp.,GEBCO,USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors,and the GIS User Community Mason County WA GIS Web Map Application Esri,HERE,Garmin,FAO,USGS,EPA,NPS i Mason County WA GIS Web Map z TT\ F- Ll I I I I I - I I LLLJ F- ---? -7 —A r L 1 11 --T H a m mars ley Inlet 11/9/2018 9:04:47 AM 1:6,144 0 0.05 0.1 0.2 mi EJ County Boundary . . . . . . 0 0.07 0.15 0.3 km L Tax Parcels (Zoom in to 1-30,000) Sources.Esri,HERE,Garmin Intermap,increment P Corp.,GEBCO,USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey Esri Japan, METI, Esri China (Hong Kong), swisstopo, (D OpenStreetMap contributors,and the GIS User Community Mason County WA GIS Web Map Application Esri,HERE,Garmin,FAO,USGS,EPA,NPS I Mason County WA GIS Web Map t 4. 91 E ORCHARD LN g -o 02 j n 1 y,n M1 r�tf $1 E ORCHARD LN ' v .v i w V ' �1 t t d 5 5 ' 71 E ORCHARD LN 10/23/2018 10:22:29 AM 1:384 0 0 0.01 0.01 mi I County Boundary �0 0.01 0.0101 0.0 0.02 km Site Address (Zoom in to 1-5,000) Tax Parcels (Zoom in to 1-30,000) Esri, HERE, Garmin, ® OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographies, Contours 5 ft CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Mason County WA GIS Web Map Application Earthstar Geographies I Esri,HERE,Gannin Mason County WA GIS Web Map Ai 'f _ ~ r� _ f"*1 { 771, l� s 10/23/2018 10:23:21 AM 1:1,536 0 0.01 0.03 0.05 mi County Boundary 0 0.02 0.04 0.08 km Site Address (Zoom in to 1-5,000) Tax Parcels (Zoom in to 1:30,000) Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community, Source: Esn, DigitalGlobe, GeoEye, Earthstar Geographics, Contours 5 ft CNESIAirbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Mason County WA GIS Web Map Application Earthstar Geographics I Esri,HERE,Garmin Mason County WA GIS Web Map 32 02�0101 " � x 320215302005 r ' 32021530200 , x� II 00 i .. a W21570201013 J. + .� P I ' 20 ^ 3202?570203D2 f-a..n \� Ss. .s 1 - J 320215102001 j 320 0 10/23/2018 10:24:56 AM 1:768 0 0.01 0.01 0.02 mi I-J County Boundary 0 0.01 0.02 0.04 km CI Tax Parcels (Zoom in to 1-30,000) Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Mason County WA GIS Web Map Application Earthstar Geographics I Esri,HERE,Garmin Mason County WA GIS Web Map �X3 4 Ow 4 ! R I* f }}}1777 A 5 tN 1 - w' 03 r� , t p I r 10/23/2018 10:24:05 AM 1:3,072 0 0.03 0.05 0.1 mi 0 County Boundary 0 0.04 0.08 0.16 km El Tax Parcels (Zoom in to 1:30,000) Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community, Source: Esh, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Mason County WA GIS Web Map Application Earthstar Geographics i Esri,HERE,Garmin i NOTICE OF APPLICATION AND NOTICE OF DECISION FOR Administrative Shoreline Substantial Development Permit Notice is hereby given that Keith Ohm has filed an application for an Administrative Shoreline Substantial Development Permit(SIM018-00010)to use a portion of their existing garage as an accessory dwelling unit(ADU)within the shoreline jurisdiction.The ADU will be located landward of the primary residence.The ADU is subject to Mason County Development Regulations Section 8.52; 17.03 and 17.50-Shoreline Master Program. Site Address and Project Location: 81 E Orchard LN, Shelton. Parcel Number: 32021-57-01008 Zoning: RR5(Residential) Date of Received Submittal: August 16,2018 Date of Complete Application: October 23,2018 Notice of Application: November 1,2018 Public comment deadline: November 30,2018 Notice of Pending Decision will be issued: on December 3,2018 The subject file application and decision can be viewed by all interested parties at the Permit Assistance Center, located at 615 W.Alder Street, Shelton,WA 98548 during normal business hours. A public hearing will not be held regarding the proposed project,however written comments may be submitted to the Planning Department during this 30-day shoreline public comment period to: Mason County, Planning Department,Attn: Grace Miller,615 W.Alder Street, Shelton,WA 98584, by November 30, 2018. Following the 30-day public comment period(November 30,2018),a copy of the decision will be forwarded to all parties of record(only those whom provided comment(s)during the 30-day public comment period). The referenced decision may also be viewed at the Permit Assistance Center during normal business hours by any party of record or interested parties. Please be aware that the decision will only be forwarded to the applicant,Dept. of Ecology,Attorney General and parties of record generated during the subject 30-day public comment period. Please note that there is a 14-day appeal period following the issuance date of said decision. The decision will be issued on or after December 3,2018. Timely appeals shall be filed with the Mason County Planning Department in accordance with the requirements stipulated in MCC 15.09 and 15.11 The proposal is exempt from SEPA review. Please contact Grace Miller of the Mason County Department of Community Development at(360)427- 9670 ext. 360,or at the address listed above,with questions regarding this permit application. . Ex y AFFIDAVIT OF POSTING NOTICE STATE OF WASHINGTON ) ) ss: COUNTY OF MASON ) RE: (Parcel#or Address of Site): 3..20-31-57-0 1669- S9I E 6r-4a:� !� I, Grace Miller, Planner for Mason County, do hereby certify that I have posted .3 copies of the attached: J 'F�et ��I.t�nlPrcuf- �t,.at iloc�s, - -5D,0 On this 134A day of 20 18 in �_conspicuous places as follows: o One at The Site o One at The Mason County Bui ding One's Public Bulletin Board [411 N S`h St-Shelton, WA] o One at �Ei.�. Lam,.^ In witness whereof, the party has signed this Affidavit of Posting Notice this ,[3' day of 20 /E (f�LIA�W Signed by Grace Miller Mason County Community Services Department 615 W. Alder St-Shelton,WA 98584 N 6v&m oe'f- SubscriUUbed and sworn before me this IJ? day of , 20 I u , I certify that La,, signed this document. `tttt11111111111/////// CO . P,RiANF/�,, �P� 4f NO 9,� NOTARY PUBLIC in and for the State of Washington, `�' ►an�I i; `• < �:vi= Printed Name Notary: AyS,S'� S�'• ��l 'It 5�' �n�` residing at:I'//CCL,t"►'L N1 My Commission Expires: N1a /,- A r y' Ro)�Ix,A )rl&,P jolilt t < . / 7 1 C:c(uhi ira 5T NW 111 3aQr qo orr,i l_� ' _ Gt ►w��i�s isq 1 ��� � � / �- � MAILING A RESSES Y BOUNDARIES —'`-rJ o ?ICATION i> �Lal /�{1'�2 C(/ /�'Jr°GLlfjre h1• E. 0 -- � !A J 1XAJ�'11�,1A 111'.�.F :mN lggtA P). IV �/�-yC� � 11�1 ,t G� �-��� �f � S �) ,^�S'�1� rJ'►i C�t✓-fe/ S. �E-l�/a�J &3 1p to, 1,?6-A AS E � V/" Djo� /�s9 aV S&,IV, -5 i--f L, 5�e-l o C5C h r'.S'fie lu s c Aj/ -To An/-f-PeOvry Y ,g. � .4 J3�v�1 j 5f4S,+,U I- � Co 1 11 i S 7-'-1-- OA A 3 . E. a2c"/j 4-(Zcl LA) , Ko Ld 0 7, LN 4j, rah C-1 or 50443 !Poor arm-cl , Wei Otf! le tSGrGOzo WA- 160 Pd-r ` tj �j Ci i All 0 ;a: +4rc in.GI-11-c( Lh, '-t V S 2L4*1+&% Q(,, � a9 Y G �M �nD V P' Q 11 0.Y ¢ YVIG�i yob Rev.January 2018 I �x `� G l� t_VADUPermit-ShorelMe S of 6 �► nf� �,tn_� �t- 50e aZ i 8-- 60010 AD u ke ,�-A Okm 4pf,&La4 aY LIST OF ADJACENT PROPERTY OWNERS' MAILING ADDRESSES WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR PUBLIC HEARING NOTIFICATION 40 r,�4A We yal s- v e- / 3 3 SL v e ! g q rA P I 5-f o,s w o o d P�> ✓i/fie -zVg R 8 0-7 Z 7 Ile A0 �( S �i �-s In i C A✓e- / 3, 4 M-e 40c AJ E I q7� s� Bye/ 9p5o 7 3 CcJ e S 7; R,,e—h 4 Rca r, n / ✓9 S�-N, SUSIM) L, T0A N-e Pe v Au Y q. f J SPav �uS I�} L Ca,'Apoiant- ffelfI Ohs, Z', FlOr LA �ie-r-hnr tiJ,4 RSS �y 1� t 5 v o -e 0 h C1 3Dgi ` sr, 17 E.St V i t� CA- t go i= ofau,-dty i + C Ycc v � c1G-me S ply t curer , 'ZoCyr Gi 4, Ft, i t 1 r Der l�a-M c_,., tCAD �- `T��1a.�f.¢ by �avrw�o, Min u ri L e �3S TV 9()r�t,jf)" s;,axy,�.1 rov AVVVa(N Rev. January 2018 VV 111 j clued V� ADU Permit-S�Page 5 of 6 ��� SeA-A From: Shelton-Mason County Journal <jlegals@masoncounty.com> To: Mariah Frazier<MFrazier@co.mason.wa.us> Date: 10/26/2018 8:44 AM Subject: Re: Notice of Application Hi, Mariah. The cost is$240 and the legal number is 1581. The proof is below. Linda Frizzell PUBLIC NOTICE NOTICE OF APPLICATION AND NOTICE OF DECISION FOR Administrative Shoreline Substantial Development Permit Notice is hereby given that Keith Ohm has filed an application for an Administrative Shoreline Substantial Development Permit(SHR2018-00010) to use a portion of their existing garage as an accessory dwelling unit(ADU)within the shoreline jurisdiction. The ADU will be located landward of the primary residence. The ADU is subject to Mason County Development Regulations Section 8.52; 17.03 and 17.50-Shoreline Master Program. Site Address and Project Location: 81 E Orchard LN, Shelton. Parcel Number: 32021-57-01008 Zoning: RRS (Residential) Date- of Received Submittal: August 16, 2018 Date of Complete Application: October 23, 2018 Notice of Application: November 1, 2018 Public comment deadline: November 30, 2018 Notice of Pending Decision will be issued: on December 3, 2018 The subject file application and decision can be viewed by all interested parties at the Perm.it Assistance Center, located at 615 W. Alder Street, Shelton, WA 98548 during normal business hours. A public hearing will not be held regarding the proposed project, however written comments may be submitted to the Planning Department during this 30-day shoreline public comment period to: Mason County, Planning Department; Attn: Grace Miller, 615 W. Alder Street, Shelton, WA 98584, by November 30, 2018 Following the 30-day public comment period (November 30, 2018), a copy of the decision will be forwarded to all parties of record (only those whom provided comment(s) during the 30-day public comment period). The referenced decision may also be viewed at the Permit Assistance Center during normal business hours by any party of record or interested parties. Please be aware that the decision will only be forwarded to the applicant, Dept. of Ecology, Attorney General and parties of record generated during the subject 30-day public comment period. Please note that there is a 14-day appeal period following the issuance date of said decision. The decision will be issued on or after December 3, 2018. Timely appeals shall be filed with the Mason County Planning Department in accordance with the requirements stipulated in MCC 15.09 and 15.11 The proposal is exempt from SEPA review. Please contact Grace Miller of the Mason County Department of Community Development at(360) 427- 9670 ext:.360, or at the address listed above, with questions regarding this permit application. 1581 November 1 It Your legal number is your confirmation that we have received your public notice information. The total due for the run date(s) scheduled is also noted. Enclosed is a proof of your notice. If we do not hear from you by the deadline, we will assume it is correct. Deadline for public notices is each Monday by 5pm (or previous Friday when there is a holiday the following week). Publication is each Thursday. One (1) signed, notarized affidavit will be mailed to the purchaser within 5 business days of the final day of publication; additional or replacement copies are charged $30 each. Please note: each public notice "legal") is processed in the order received. Identical public notices that are re-sent are subject to being run and billed an additional time; please do not re-attach your original public notice in any future correspondence relating to it except upon our request. For quality control, limit to 1 (one) public notice, in Word format per email. If sent in more than one attachment, please confirm with clear instructions. Thank you, Legals Department ` Shelton-Mason County Journal PO Box 430, Shelton, WA 98584 360-426-4412 legals@masoncounty.com Est. 1886 • The adjudicated newspaper of record for Mason County. > On Oct 23, 2018, at 2:10 PM, Mariah Frazier<MFrazier@co.mason.wa.us> wrote: > <Notice of Application and Notice of Decision.docx> MASON COUNTY (360)427-9670 Shelton ext.352 �SoN co�TA' COMMUNITY DEVELOPMENT 360 275-4467 Belfair ext. 352 � DEPARTMENT OF O ( ) BUILDING•PLANNING.FIRE MARSHAL (360)482-5269 Elma ext. 352 Mason County Bldg. 8, 615 W. Alder Street Shelton, WA 98584 www.co.mason.wa.us rasa TO: MASON COUNTY JOURNAL FROM: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: /04a31 Please publish the attached on the following day(s) p G' IR Please keep the Affidavit of Publication for the Department of Community Development to pick up from your office and send _copies to the following: 164 oil LAI Please charge: for the publication at: 1 Thank you, Mason County Planning Staff e � i � I � ' � ♦ y 1 � .+ 1 � � ♦ 1/ 1 •. • � Ile � I rAS MN 1 1 ' , I ■L 1 D 1 Al ON i ATM At La I 1 o ling, • / ' 1 ' l J I 1 4 r �SC.S PHILLIPS ® B U RG E S S PLLC REAL ESTATE I LAND USE I ENVIRONMENTAL LAW RECEIVED November 29,2018 NOVa18 615 W. AIdFr Street TRANSMITTED VIA FIRST-CLASS MAIL AND ELECTRONIC MAIL TO GBM a,CO.MASON.WA.US Mason County Planning Department Attn: Grace Miller 615 W. Alder Street Shelton, Washington 98584 Re: Administrative Shoreline Substantial Development Permit SHR2018-00010 81 E Orchard Lane, Shelton, Washington 98584 Parcel No. 32021-57-01008 Dear Ms. Miller: This law office represents Mark and Linda Copeland,who own the real property located at 91 E Orchard Lane,in Shelton. The Copelands' property is adjacent to the property owned by Keith and Kris Ohm, who have applied for an Administrative Shoreline Substantial Development Permit(SHR2018-00010) (the "Permit") to use a portion of their existing garage as an accessory dwelling unit("ADU"). The Copelands strongly object to the Ohm's Permit and request denial of the Permit because it violates Mason County Code("MCC") 17.03.029 and 17.50.255(B)(4). In 2015, Keith Ohm applied for a permit to construct a new two story detached garage with rough-in toilet and sink only. See BLD2015-0047. Mr. Ohm had the garage built and it passed final inspection in October 2016. But Mr. Ohm did not stop there, instead he built out the garage to include an ADU and failed to seek a permit for the ADU or a shoreline permit. Mr. Ohm was apparently caught by Mason County for not having applied for an ADU or shoreline permit, and was required by Mason County to submit the current permit application. Mr. Ohm also was required by Mason County to submit an OSS permit(SWG2018-00190) and change of use building permit(BLD2018-00804). The Ohms' Permit should be denied because it violates MCC 17.03.029,which provides: 724 Columbia St.NW,Suite 320,Olympia,WA 98501 1360.742.3500 WWW.PHILLIPSBURGESSLAW.COM 505 Broadway,Suite 408,Tacoma,WA 98402 1253.292.6640 Mason County Planning Department Attn: Grace Miller November 29,2018 Page 2 Accessory dwelling unit requirement. In rural lands, accessory dwelling units (ADU)must meet the following requirements: (1) The ADU shall be subject to a special use permit,unless in the shoreline jurisdiction,it is subject to a shoreline permit; (2) The owner of the ADU must reside on the lot in either the principal residence or ADU; (3) The ADU shall be located within one hundred fifty feet of the principal residence or shall be a conversion of an existing detached structure(i.e. garage); (4) The ADU shall not exceed eighty percent of the square footage of the habitable area of the primary residence or one thousand feet,whichever is smaller; (5) All setback requirements must be met by the ADU; (6) All applicable health.district standards for water and sewer must be met by the ADU; (7) No recreational vehicles shall be allowed as ADU; (8) Only one ADU is allowed on any property; (9) An additional off-street parking space must be provided for the ADU.- . MCC 17.03.029. The Ohms' ADU violates subsections 3, 411 5, and 9 of.MCC 17.03.029, as described below. The Ohms' primary residence is 640 square feet, according to'the Mason County Appraiser. See enclosed. The Ohms' building permit application states that the ADU is 595 square feet.See enclosed. -The ADU square footage,therefore, exceeds eighty percent of the square footage of the habitable area of the primary residence by 83 square feet(640 x .8=512). For this reason alone,the permit should be denied pursuant to MCC 17.03.029(4). However,the Ohms' ADU is located more than 150' feet from the primary residence,violates setback requirements from the boundary between the Ohm and Copeland properties, and does not include an additional off-street parking space,which are all violations of MCC 17.03.029.that require denial of the Permit. See MCC 17.03.029(3),(5), and(9). In addition,the Permit should be denied because it violates MCC 17.50.255(B)(4),which provides: E5 Mason County Planning Department Attn: Grace Miller November 29, 2018 Page 2 Accessory dwelling unit requirement. In rural lands, accessory dwelling units(ADU)must meet the following requirements: (1) The ADU shall be subject to a special use permit,unless in the shoreline jurisdiction,it is subject to a shoreline permit; (2) The owner of the ADU must reside on the lot in either the principal residence or ADU; (3) The ADU shall be located within one hundred fifty feet of the principal residence or shall be a conversion of an existing detached structure(i.e. garage); (4) The ADU shall not exceed eighty percent of the square footage of the habitable area of the primary residence or one thousand feet,whichever is smaller; (5) All setback requirements must be met by the ADU; (6) All applicable health.district standards for water and sewer must be met by the ADU; (7) No recreational vehicles shall be allowed as ADU; (8) Only one ADU is allowed on any property; (9) An additional off-street parking space must be provided for the ADU.- . MCC 17.03.029. The Ohms' ADU violates subsections 3, 4, 5, and 9 of MCC 17.03.029, as described below. The Ohms' primary residence is 640 square feet, according to'the Mason County Appraiser. See enclosed. The Ohms' building permit application states that the ADU is 595 square feet. See enclosed. The ADU square footage, therefore, exceeds eighty percent of the square footage of the habitable area of the primary residence by 83 square feet(640 x .8=512). For this reason alone,the permit should be denied pursuant to MCC 17.03.029(4). However,the Ohms' ADU is located more than 150' feet from the primary residence,violates setback requirements from the boundary between the Ohm and Copeland properties, and does not include an additional off-street parking space,which are all violations of MCC 17.03.029 that require denial of the Permit. See MCC 17.03.029(3),(5), and(9). In addition,the Permit should be denied because it violates MCC 17.50.255(B)(4),which provides: Mason County Planning Department Attn: Grace Miller November 29, 2018 Page 3 Accessory dwelling units may be allowed subject to meeting the following criteria: a. Only one accessory dwelling unit per lot. b. Strict compliance with current sewage setback and design standards as per county health regulations. C. Minimal impact on surrounding properties from view blockage, traffic, parking and drainage. d. Compliance with buffer and setback criteria set forth in MCC 17.50.110 (General Regulations). e. Accessory dwelling units shall require a substantial development permit and shall not exceed eighty percent of the square footage of the habitable area of the primary residence or one thousand square feet; whichever is smaller. f. Compliance with requirements of MCC 17.03.029. MCC 17.50.255(B)(4). The Ohms' ADU has greatly impacted the Copeland's property by having increased traffic, driveway blockages, and drainage issues in the driveway that corresponded with the construction of the garage and ADU. In addition, the ADU exceeds eighty percent of the square footage of the habitable area of the primary residence, as previously shown. The ADU, therefore, violates MCC 17.50.255(B)(4)(c),(e), and(0, and should be denied. If you have any questions or concerns,please feel free to contact me. Please email me a copy of Mason County's decision when it is issued. My email address is dbemer@pbillipsburgesslaw.com. Very trul yours, Berner DAB:kad Enclosures CC:Client(via email only) INFORMATION Year E Year P ualit, Use ' ---V4 I _1 --- -- ---_- - ..J BUILDING REMARKS OTHER CONSTRUCTION T e Yr Bit Const. Dimension Area Cond Rate RCN % GD Dep.Value APPRAISAL DATES Deputy Date Remarks De pug, Date Remarks i INFORMATION Year E w Ye ar rR ualit• Style Use pJ T-i N i i s , 4 E , j ! - 444 I i _ BUILDING REMARKS OTHER CONSTRUCTION T pe Yr Bit Const. Dimension Area Cond Rate RCN % CD Dep. Value APPRAISAL DATES Deputy Date Remarks Deputy Date Remarks IMPROVEMENT SHEET BUILDING CONSTRUCTION STORIES 1 2 1/2 B 19 . Cabin Frame No. Rooms 19 J - Dwelling Double Living 19 Apartment 10onc. Blk. Dining 19 Commercial Kitchen j 19 Farm PLUMB IBASE I Family Year Built Year Remod. Sink Lay. Bed ( Cost Condition FOUNDATION D.W. Toilet Bath / CLASS CI-) 11/2 2 Concrete G.D. Shwr. SQUARE FT. Post & Blk W.H. Tub-Shr. INTERIOR WALLS A.W. Dry Wall Rate Adjustment — + EXTERIOR WALL HEATING/COOLING >-Panel Base Rate 12,t4_ Cedar Siding Plaster Heat Shingles Fireplace Shakes Fir./WI. FLOORS Ad'. Base Rate Conc. Elk. Frcd. Air f Soft ADDED FEATURES tp%, — + Extend Vert. Ply. H.W. B.B. Hard Basement/Rooms Brick Ven. Elec. B.B. Carpet Heating Ht.-Pu-mp Concrete Plumbing ROOF EXTRAS Fireplace Flat Oven-Range BASEMENT ..; Attached Garage`.f. �f Hip Exhaust Fan None Conc. Fir. Gable C.. > s Part ci),,/ Dirt Fir. Attic Shed Full Gara a Deck ,-, Da lite Porches Carport r itlydrl� !� MENT _ _____, X Rate / "eat u res t1; tment Cost / J, X Local /.icy I6 3 Flo ff 5J % CPLT bep Obs qcc 9'� I I ated Value 2-3& � ial Bldgs. ASSESSED VALUE Full NAL BUILDINGS Value .t� 32021-57-01008 TOTAL Al -E 4-6 Revised 7-77 IMPROVEMENT SHEET c w BUILDING CONSTRUCTION f STORIES 1 2 1/2 B 19 7. Cabin ' Frame No. Rooms 19f; r-- Dwelling Double Living 19 _ Apartment Cone. Blk. Dining 19 Commercial Kitchen f 19 Farm PLUMB BASE Family Year Built /= / Year Remod. Sink Lay. Bed j Cost Condition FOUNDATION D.W. I Toilet Bath ; CLASS / ,�,-.�z. 1 > 11/2 2 Concrete G.D. Shwr. SQUARE FT. �; p Post & Blk l W.H. I Tub-Shr. INTERIOR WALLS A.W. Dry Wall Rate Adjustment — + EXTERIOR WALL HEATING/COOLING -Panel RL Base Rate Cedar Siding Plaster _ Heat Shingles Fireplace Shakes Fir.lWl. FLOORS Ad'. Base Rate } Cone. Blk. gEXTRAS Soft ADDED FEATURES try,: — + Extend Vert. Ply. Hard Basement/Rooms Brick Ven. Carpet Heating Pump Concrete Plumbing ROOF Fireplace - o Flat BASEMENT Attached Garage '_ l7 Hip Exhaust Fan None Cone. Fir. Gable C r Part r ,i,.; Dirt Flr. Attic Shed Full Garage Deck W. Da lite No. Rms Porches Carport " _r - TO TA L ADJUSTMENT Area 6 .O X Rate Added Features 3 q -.► � _ _ _ I �� _ _�1 Replacement Cost D 3?,, Cur'nt X Local /•,cD /G 3,/O % CPLT Dep Obs v8S 14� - _. < Dereciated Value Z iS Additional Bld s. TOTAL ASSESSED VALUE ADDITIONAL BUILDINGS Full Value ♦ . -��� 1. � ♦i 1� - � �.�_ TOTAL j. L ` Revised 7-77 Page 1 of 2 a61-1 Grace Miller - Re: question for you From: Andrea Jackson To: Grace Miller Date: 12/18/2018 10:25 AM Subject: Re: question for you Attachments: MX-3116N_20181218_093149.pdf; MX-3116N_20181218_093218.pdf; MX- 3116N_20181218_093233.pdf OK, Our records show for the main house: Basement sf total is 640sf of that 384sf is living space and 256sf is Garage/Boat Storage. The main level is 640sf. So if you take the 640sf on the main level and the 384sf living space in the basement the TOTAL SF would be 1,024sf. Then in addition a second dwelling is located on this parcel we have an apt. over built-in garage. The apt. is 600sf and the built-in garage is 864sf. Hope this clears it up and helps, if not please let me know I'll do what I can. Have a Good day! AJ Andrea Jackson Mason County Appraiser 360.427.9670 ext. 211 Fax 360.427.7792 >>> Grace Miller 12/18/2018 9:02 AM >>> Hi Andrea, What I need to know is the total square feet of living area? I assume there are two floors because there is a basement? The parcel # is 32021-57-01008. Owner is Keith Ohm.Address = 81 E Orchard Lane, Shelton.Its on water, in Shorecrest. Thank you! 615 West Alder Street Shelton,WA 98584 >>> Andrea Jackson 12/18/2018 8:44 AM >>> Hi Grace, Did I answer your question??? Sorry if not. Could you please send me the parcel #again if I have not. TY, Andrea Jackson — I— — I 1 11 r , it iim __ rtrri- ---- nnrit nw,r_________'ti nni cr7'1.7L 1l1/�O/ll 1110 Page 2 of 2 Mason County Appraiser 360.427.9670 ext. 211 Fax 360.427.7792 >>> Grace Miller 12/11/2018 1:36 PM >>> Thank you. How many square feet of the upstairs is living area? 615 West Alder Street Shelton, WA 98584 >>> Andrea Jackson 12/11/2018 12:39 PM >>> Hi Grace, Partition finish is the portion of the total basement square footage that is finished. (256sf of the Total 640sf is finished. Andrea Jackson Mason County Appraiser 360.427.9670 ext. 211 Fax 360.427.7792 >>> Grace Miller 12/11/2018 11:22 AM >>> Hi Andrea, I am trying to find the actual square footage of living area in this residence? Please see attached, where I highlighted line#803.What does"Partition Finish Area (SF) of 256" mean? It sounds like it is a two story cabin/residence with a basement? For total SF "living area", should, or is, the "256 partition finish area" SF added to the "total basement area" of 640 SF? Thank you. Grace 615 West Alder Street Shelton, WA 98584 �1 .IIlf�./T A--T1 + IT ---I /vn /cri01 r"1Orr__ _W ai All 1-"7) 7-1 1n/10111n10 �o MASON COUNTY WASHINGTON TAXSIFTER SiMPL£SEARCH SALES SEARCH REETSiFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(0) Melody Peterson Mason County Assessor 411 N 5TH ST Sheiton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 32021-57-01008 DOR Code: 18-Residential -All other Situs: Address2: Map Number: City,State: SHELTON WA i j Status: zip: 98584 Description: SHORECREST ADD 2ND REPLAT BLK: 1 LOT: 8&TAX 235-C S 41/56 S 43/32 Comment: Land - Land Land Land Code Unit Type Units Land Shape Width Depth A6 N5 WF Front Feet 100.00000000 Tidelands Only Front Feet 100.00000000 Waterfront Acres Acres 0.63000000 Single Family Residence I One Story - Single-family Residence ! Year Built Remodel Year Quality Condition 1961 3.0-Average 2.5-Fair/Average i i Components Building Data Code Description Units Percent 1 103 Frame,Plywood 0 100% Architecture Cabin 208 Composition Shingle 0 100% Bedrooms 1 304 Electric Baseboard 0 100% Bathrooms 1 402 Automatic Floor Cover Allowance 0 100% Total Rooms 601 Plumbing Fixtures(#) 6 0% Foundation Post&Pier 622 Raised Subfloor(%or SF) 0 100% Garage Stalls 648 Direct-Vented,Gas(#k) 1 0% :.» i. ..... 0% 805 Basement Garage,Single(#) 1 0% 903 Wood Deck(SF) 1262 0% Miscellaneous Improvements. Misc Improvements --- Improvement IYear In size AOGA<600-Area over Gar APT FINISH 401-600 sf 2016 AREA-600.00 D GargA900-Detached Garage-Average 550 to 900 SF 2016 Area-864.00 Property Images No images found. 1.0.6764.24232 Data current as of:11/28/2018 423 PM TX_RollYear Search:2010 i i 1 1 I r t t °N"STATF MASON COUNTY �P5 �'k- DEPARTMENT OF COMMUNITY DEVELOPMENT O A O N Y o N z Planning Division 7 N y ti 615 W Alder St, Shelton, WA 98584 (360)427-9670 1864 REQUEST FOR ADDITIONAL INFORMATION December 13, 2018 KEITH OHM 81 E ORCHARD LN SHELTON WA 98584 Parcel No.: 320215701008 Project Description: SHORELINE SUBSTANTIAL DEVELOPMENT APPLICATION FOR CHANGE OF USE, 595 SQ FT OF LIVING SPACE WITHIN 200 FT OF THE SHORELINE Dear Applicant: You have submitted a permit application (case no. SHR2018-00010) for proposed construction or development in the county. Upon review of your application, I require additional information to complete the permit review process. Therefore, review of your application will not proceed until the necessary information is provided (see the comment section of this letter for details.) Once the information is submitted and the application is complete, I will continue to process your application accordingly. If the additional information is not provided to the County within 180 days of this request, the application shall expire and no further action on the proposed development shall take place. Please contact me at (360) 427-9670, ext. 360 if you have questions. Sincerely, _ I&* Grace Miller Land Use Planner Mason County Planning Department 12/13/2018 Page 1 of 2 SHR2018-00010 REQUEST FOR ADDITIONAL INFORMATION 12/13/2018 Case No.: SHR2018-00010 Comments: The Planning Department has received two public comments regardng your proposed accesssory dwelling unit. The comments contain questions that staff would appreciate your assistance in addressing so that we can further process your application. Please find copies of the two public comment letters enclosed. The Accessory Dwelling Unit Criteria #4 states that "The ADU shall not exceed eighty percent of the square footage of the habitable area of the primary residence or one thousand square feet, whichever is smaller." It is clear that the habitable area of the garage is proposed at 575 SF. What is not clear is the size of your primary residence's habitable area? Please provide a Written Description on a Site Plan that clearly shows the dimensions of the habitable area of your primary residence. The Assessor's records (attached) indicate that the basement is 640 SF of "Total basement Area (SF)" and it also says there is a "Partition Finish Area (SF) of 256 SF. We need to know the square footage of both the upstairs and the basement's habitable area and evidence that your proposal can meet criteria #4 please. Please also address the allegation that the ADU has impacted the adjacent property owner's property by increased traffic, driveway blockages and drainage issues in the shared driveway. Critera (c) states that there shall be "Minimal impact on surrounding propertes from view blockage, traffic, parking and drainage. Please let me know if you have any questions. Thank you. 12/13/2018 Page 2 of 2 SHR2018-00010 Page 1 of 1 Grace Miller - question for you From: Grace Miller To: Andrea Jackson Date: 12/11/2018 11:19 AM Subject: question for you Hi Andrea, I am trying to find the actual square footage of living area in this residence? Please see attached, where I highlighted line#803.What does "Partition Finish Area (SF) of 256" mean? It sounds like it is a two story cabin/residence with a basement? For total SF "living area", should, or is,the "256 partition finish area" SF added to the "total basement area" of 640 SF ? Thank you. Grace about:blank 12/11/2018 TerraScan TaxSifter- Mason County Washington Page 1 of 2 MASON COUNTY WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(0) Elisabeth Frazier Mason County Treasurer 411 N Sth Street,Building 1 Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 32021-57-01008 Owner Name: OHM, KEITH&KRIS DOR Code: 18- Residential-All other Addressl: 81 E ORCHARD LANE Situs: Address2: Map Number: City,State: SHELTON WA Status: zip: 98584 Description: SHORECREST ADD 2ND REPLAT BLK: 1 LOT: 8&TAX 235-C S 41/56 S 43/32 Comment: Current Tax Year Details Type Taxpayer Statement# Gross Tax Tax Exempt Net Tax Asmts Total Tax Real Property OHM,KEITH&KRIS 2018-320215 111M $3,312.98 $0.00 $3,312.98 $0.00 $3,312.98 Balances Due 5 Year Tax History Type Statement Number Taxes Assessments Fees Balance Due Real Property 2018-320215701008 $3,312.98 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Feesj Interest Paid Total Paid 835589-04/23/18-Heather 04/23/2018 $1,656.49 $0.00 $1,656.49 879537-10/22/18-Heather 10/22/2018 $1,656.49 $0.00 $1,656.49 -- Type Statement NumberTReceipt Taxes�T Assessments Fees Balance Due Real Property 2017-3202157010083,045.81 $0.00 $0.00 $0.00 Receipt Number Date Taxes/Fees Interest Paid Total Paid 743316-04/20/17-Heathe4/20/2017 $1,522.91 $0.00 $1,522.91 794797-10/27/17-Heathe0/27/2017 $1,522.90 JL $0.00 $1,522.90 Type Statement Number Taxes Assessments mT Fees Balance Due Real Property 2016-320215701008 $2,529.74 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 634284-03/11/16-Heather 03/11/2016 $1,264.87 $0.00 $1,264.87 662516-04/27/16-Julie 04/27/2016 $1,264.87 $0.00 $1,264.87 TypeT571147-04/29/15-Juli Statement Number Taxes Assessments Fees Balance Due Real Prop2015-320215701008 $1,923.30 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid e 04/29/2015 $961.65 $0.00 $961.65 19200-11/02/15 Julie 11/02/2015 $961.65 $0.00 $961.65 Type Statement Number Taxes Assessments Foes Balance Due _ _._. _ I ~Real Property 2014-32021570 M $2,057.18 $0.00 $0.00 $0.00 http://property.co.mason.wa.us/Taxsifter/Treasurer.aspx?keyld=3410618&parcelNumber... 12/12/2018 TerraScan TaxSifter- Mason County Washington Page 2 of 2 Receipt Number Receipt Date Taxes/Fees Interest Paid total Paid 463392-04/16/14-Tracey 04/16/2014 $1,028.59 $0.00 $1,028.59 520124-10/24/14-Julie 10/24/2014 $1,028.59 $0.00 $1,028.59 Type Statement Number Taxes Assessments Fees Balance Due Real Property 2013-320 ,U701008 $1,988.01 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 370359-04/08/13-Julie 04/08/2013 $1,195.04 $0.00 $1,195.04 417436-10/15/13-3ulie T� 10/15/2013 $792.97 V $0.00 $792.97 Property Images No images found. 1.0.6764.24232 Data current as of:12/11/2018 4:22 PM TX_RollYear_TR:2018 http://property.co.mason.wa.us/Taxsifter/Treasurer.aspx?keyld=3410618&parcelNumber... 12/12/2018 TerraScan TaxSifter - Mason County Washington Page 1 of 2 MASON COUNTY WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(DI Melody Peterson Mason County Assessor 411 N STH ST Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 32021-57-01008 Owner Name: OHM, KEITH&KRIS DOR Code: 18- Residential-All other Addressi: 81 E ORCHARD LANE Situs: Address2: Map Number: City,State: SHELTON WA Status: Zip: 98584 Description: SHORECREST ADD 2ND REPLAT BLK: 1 LOT: 8&TAX 235-C S 41/56 S 43/32 Comment: 2018 Market Value 2018 Taxable Value 2018 Assessment Data Land: $188,585 Land: $188,585 District: 0191 -Tax District 0191 Improvements: $95,475 'Improvements: $95,475 Current Use/DFL: No Permanent Crop: $0 Permanent_Crop: Total $284,060 Total $284,060 Total Acres: 0.21000 Ownership 1 Owner's Name Own#nhip% OHM,KEITH&KRIS F100% Sales History Sale Date Sales Document #Parcels Excise# Grantor Grantee Price 04/16/14 2023388 1 14-19740 KERR, BRIAN M&ELIZABETH J OHM, KEITH&KRIS $249,900 08/31/99 1697142 1 199950425 CAROL MERRICK BRIAN&ELIZABETH KERR ; $146,500 03/23/99 1686945 1 199900000 JAY WILLIAM MERRICK DEC CAROL D MERRICK SURV SPC i $0 10/28/85 446120 1 198593092 WARREN A GIRARD I $1,500 07/10/80 552460 1 198013051 GEORGE&VERNA GREENWOOD JAY W&CAROL D MERRICK $0 Historical Valuation Info Year Billed Owner Land Impr. PermCrop Value Total Exempt Taxable 2018 OHM, KEITH&KRIS $188,585 $95,475 $0 $284,060; $0 ! $284,060 2017 OHM, KEITH&KRIS $175,750 $93,155 $0 $268,905 $0> $268'905 2016 OHM,KEITH&KRIS $166,500 $56,535 $0 $223,035 $0 $223,035 2015 OHM, KEITH&KRIS $138,750 $49,065 $0 $187,815 $0 $187,815 2014 OHM, KEITH&KRIS $148,000 $49,065 $0 $197,065 $0 $197,065 View Taxes Parcel Comments No Comments Available http://property.co.mason.wa.us/Taxsifter/Assessor.aspx?key1d=3410618&parcelNumber=... 12/12/2018 TerraScan TaxSifter-Mason County Washington Page 2 of 2 Property Images No images found. 1.0.6764.24232 Data current as of:12/11/2018 4:22 PM T%_RollYear_Search:2018 http://property.co.mason.wa.us/Taxsifter/Assessor.aspx?keyId=3410618&parcelNumber=... 12/12/2018 PLAN — IMASO I C INFFY D�C�' ANNING OV _. __ ._. 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