HomeMy WebLinkAboutSHR2014-00005 Hearing - SHR Letters / Memos - 5/14/2014 Mason County
Department of Planning
Building I * 411 N. 5th Street * P.O. Box 279
Shelton, Washington 98584 * (360) 427-9670
May 14, 2014
Notice of Decision
Case: SHR2014-00005
Applicant: Steve Drugge
Notice is hereby given that Steve Drugge, who is the applicant for the above-
referenced Mason County Shoreline Substantial Development / Variance
Permit, has been granted that Shoreline Permit and Variance. The request was
reviewed on April 22, 2014 by the Mason County Hearing Examiner and
approved pursuant to the Mason County Title 17.50 Shoreline Master Program
Use Regulations, specifically for Residential Development and for Variance to
standards. The proposal was exempt from SEPA review.
This is a final County decision. No further appeals to the County are available.
Appeal of this decision may be made to the State Shorelines Hearing Board as
regulations apply. It is the appellant's responsibility to meet all legal
requirements of any appeal process.
Time Limit for Action. Per the Mason County Code Title 15 - Development Code - No
permit authorizing construction shall extend for a term of more than five years. If
actual construction of a development for which a permit has been granted has not
begun within two Vears after the approval, the Hearing Examiner shall review the
permit and upon a showing of good cause, may extend the initial two year period by
permit for one year. Otherwise, the permit terminates; PROVIDED that no permit
shall be extended unless the applicant has requested such review and extension
before the Hearing Examiner PRIOR to the expiration date. Work on approved project
must begin by May 2016. This permit expires May 14, 2019.
If you have questions or require clarification on these issues, please contact Allan Borden,Senior
Planner with Mason County Dept.of Community Development at 360-427-9670 x365.
I
BEFORE THE HEARING EXAMINER FOR MASON COUNTY
RE: Steve Drugge
4 FINDINGS OF FACT, CONCLUSIONS
Shoreline Variance OF LAW AND FINAL DECISION
5 (SHR2014-00005)
6 INTRODUCTION
7 The applicant has applied for a shoreline variance to construct a study/office and deck
8 addition to an existing residence located in the shoreline setback. The request is
approved.
9
TESTIMONY
10
Allan Borden—Mason County Planner
11
l , Mr. Borden described the proposed project and clarified that a shoreline variance is
required for this proposal because the house is located within 15 feet of a concrete
13 bulkhead. Though the house is within a Fish and Wildlife Habitat Conservation Area,
an environmental permit is not required because the expansion will take place entirely
14 within the existing footprint.
15 EXHIBITS
16
The staff report and eight attached exhibits were admitted at the hearing.
17
FINDINGS OF FACT
IS Procedural:
19 1. Applicant. The applicant is Steve Drugge.
20
2. Hearing. Kristen Olbrechts, Hearing Examiner Pro Tem, conducted a
21 hearing on the subject application on April 22, 2014 at 1:00 p.m. in the Mason
County Commissioners Meeting Room.
22
23
24
25
SSDP P. 1 Findings, Conclusions and Decision
{PA0802313.DOC;1\13009.900000\}
I Substantive:
2 3. Proiect/Site Description. The property is a single family residence located
3 off SR 106 and located on the south side of Hood Canal at 10171 E SR 106, Union.
The property has an upland portion that is 15 feet wide by 172 feet deep, and a shore
4 side portion of 70 feet wide by 52 feet deep. The residence is located on the shore
side portion within seven (7) feet of an existing concrete bulkhead. The shoreline
5 portion has a concrete retaining bulkhead on the west, east, and north sides. The
6 subject has a Mason County Comprehensive Plan designation of Rural and a
Shoreline Master Program designation of Urban Residential. The parcel is zoned
7 Rural Residential 5 (RR-5). The shoreline of Hood Canal is a designated Fish and
Wildlife Habitat Conservation Area.
8
The proposal is the addition of a study/office and small three(3) foot deep deck in the
9 second floor area of the residence. There will not be an expansion of footprint into the
10 road right-of-way or onto the beach. The proposed second-floor addition for the
study/office is on the highway side of the residence and does not increase the
11 footprint in any direction. The proposed addition is upland and within 15 feet of the
concrete bulkhead, requiring the need for the Shoreline Variance. No Resource
12 Ordinance Variance is required as the addition is within the existing building
13 footprint of the residence. See MCC 17.01.1 I O.F.La
14 4. Characteristics of the Area. The site is located within the plat of Pebble
Beach Park, which is a single-family residential development along Hood Canal and
15 both sides of State Route 106 in northeast Mason County.
16 5. Adverse Impacts of Proposed Use. No adverse impacts are anticipated.
17 No public comments were received. The project is exempt from SEPA review.
18
CONCLUSIONS OF LAW
19
Procedural:
20
21 1. Authority of Hearing Examiner. MCC 15.03.050(9) authorizes the
Examiner to review and issue a final decision regarding variances. MCC
22 15.03.050(10)authorizes the Examiner to review and issue a final decision regarding
shoreline substantial development permit requests.
23
Substantive:
24
25 2. A shoreline variance is required for the addition under MCC 17.50.060,
Residential Development,No. 9, because any deviation from the setback requirement
requires a variance. Variance criteria area governed by MCC 17.50.090. MCC
SSDP p. 2 Findings, Conclusions and Decision
{PA0802313.DOC;1\13009.900000\}
15.09.055(b) also requires a shoreline variance for the expansion of a nonconforming
1 structure so long as the use is conforming. The existing residential use is conforming.
2 The structure is non-conforming to only the setbacks and therefore may be reviewed
and approved via a variance.
3
All applicable policies and regulations are quoted below and applied with
4 corresponding conclusions of law.
5 MMC 17.50.060 Residential Regulation No. 9: Each shoreline environment has a
6 setback requirement for structures from the ordinary high water mark. ... Uncovered
porches, decks or steps may project into the required setback area, provided such
7 structures are no higher than thirty inches above average grade excluding railings
required for reasons of public safety. ... Further deviation from setback requirements
8 shall require a variance.
9 3. As noted in Finding of Fact No. 2, the existing house is located in an
10 Urban Residential Shoreline area on the south side of Hood Canal. The shore setbacks
in MMC 17.50.060 for an Urban shoreline designation require a 15 foot setback from
11 the front of a bulkhead for a single family dwelling. The side yard setback is five (5)
feet from the bulkhead. The existing house is within seven (7) feet of the concrete
12 bulkhead. Though the expansion occurs entirely within the existing footprint, it will
13 be within the required setback.Therefore,a variance is required.
14 MMC 17.50.060 Residential Regulation No. 18: Expansion of existing dwellings
shall require strict compliance with current sewage system setback and design
15 standards as per WAC 248-96.
16 4. The expansion will not result in any new plumbing fixtures and will not
17 affect the current sewage system.
18 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review
proposed development according to the following criteria:
19
1. The development does not conflict with the Comprehensive Plan and meets
20 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16.
21 2. Development does not impact the public health, safety and welfare and is
22 in the public interest.
23 3. Development does not lower the level of service of transportation and/or
neighborhood park facilities below the minimum standards established within the
24 Comprehensive Plan.
25 5. As noted in the Staff Report and the above analysis, the project does not
conflict with the Comprehensive Plan. Title 16 does not apply to the project. The
SSDP p. 3 Findings, Conclusions and Decision
{PA0802313.DOC;1\13009.900000\}
project is SEPA exempt (WAC 197-11-800(1)(b)(i)). There will be no adverse
1 impacts to public health, safety and welfare. The room addition will have no impacts
2 on level of service standards. This criterion is met.
3 MCC 17.50.090 Variance Criteria. Variances from the bulk and dimension
requirements of the resource ordinance or the development regulations (zoning
4 regulations) may be allowed as follows. The county must document with written
findings compliance or noncompliance with the variance criteria. The burden is on
5 the applicant to prove that each of the following criteria are met:
6 1. That the strict application of the bulk, dimensional or performance standards
7 precludes or significantly interferes with a reasonable use of the property not
otherwise prohibited by the Master Program;
8
6. As noted in Finding of Fact No. 2, the subject lot is limited in its
9 dimensions. There is limited area for development between the bulkhead and the road
10 right of way. The existing house is non-conforming to the shoreline master program
in that lies within the setback from the bulkhead. Neither the home nor the bulkhead
11 can be feasibly moved. The proposal will not result in an increase in the non-
conformity of the building footprint; rather the addition will be constructed within the
12 existing footprint of the house with the exception of a small deck which will be facing
the road and away from the bulkhead. The strict application of the dimensional
13 standards for the fifteen foot shoreline setback significantly interferes with a
14 reasonable use of this property, as it would preclude the homeowner from using the
property in a manner consistent with other homes. The property is zoned for
15 residential use and the applicant just wishes to expand the home into a reasonable
size. Granting the variance will insure reasonable use of the property in a manner
16 consistent with other residences not otherwise affected by the shoreline setback.
17 2. That the hardship which serves as a basis for the granting of the variance is
18 specifically related to the property of the applicant, and is the result of unique
conditions such as irregular lot shape, size, or natural features and the
19 application of the county regulations, and not, for example from deed
restrictions or the applicant's own actions;
20
21 7. As noted above, the subject has limited development area due to the size
and configuration of the lot. The proposed development is within the existing subject
22 footprint and will not increase the non-conformity.
23 3. That the design of the project will be compatible with other permitted
activities in the area and will not cause adverse effects to adjacent properties
24 or the shoreline environment;
25 8. The design of the residence is compatible with the other permitted
residences adjacent to Hood Canal and does not cause adverse effects to adjacent
SSDP p.4 Findings, Conclusions and Decision
{PA0802313.DOC;1\13009.900000\}
properties or the environment. The proposal to add the study/office area and small
1 deck will cause a minor change to the roofline of the residence away from the
shoreline area.
4. That the variance authorized does not constitute a grant of special privilege
not enjoyed by the other properties in the area, and will be the minimum
4 necessary to afford relief;
9. The variance does not grant a special privilege no enjoyed by other
6 properties in the area. The proposal will not increase the non-conformity and will
occur within the existing footprint. It is the minimum necessary to afford relief.
7
5. That the public interest will suffer no substantial detrimental effect;
8
10. As noted in Finding of Fact No. 5, there will be not detrimental effect to
9 the public interest.No impacts are anticipated.
10 6. The public rights of navigation and use of the shorelines will not be adversely
I I affected by the granting of the variance.
1-) In the granting of all variance permits, consideration shall be given to the cumulative
impact of additional requests for like actions in the area. For example, if variances
1' were granted to other developments in the area where similar circumstances exist the
14 total of the variances should also remain consistent with the policies of RCW
90.58.020 and should not produce substantial adverse effects to the shoreline
15 environment.
16
12. The proposal is landward of the OHWM so navigation and public use of
17 the shorelines will be affected. Given the minor nature of the request and the absence
1 of any adverse impact the granting of this variance will not result in cumulative
impacts if similar variances were granted to other developments in the area.
19
DECISION
1 The Shoreline Variance is approved.
22
Dated this 6th day of May, 2014.
23
24
Phi A.01W&d is
Mason County Hearing Examiner
SSDP p. 5 Findings, Conclusions and Decision
(PA0802313.DOC;1\13009.900000\)
1 Change in Valuation
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
4 Right of Appeal
This decision may be appealed to the Washington State Shoreline Hearings Board as
6 governed by Chapter 90.58 RCW.
7
8
9
10
11
1�
13
14
15
16
17
18
19
20
21
22
23
24
25
SSDP p. 6 Findings, Conclusions and Decision
{PAO802313.DOC;1\13009.900000\}
STATFo� MASON COUNTY
oo DEPARTMENT OF COMMUNITY DEVELOPMENT
� �
O A U uN
o T 2 Planning Division
o N '' oy P O Box 279, Shelton, WA 98584
1864 (360)427-9670
Case No.: SHR2014-00005 SHORELINE PERMIT REQUEST
Received: 2/28/2014
Type of Permit: Sub. Dev./Cond. Use/Variance
Applicant: STEVE DRUGGE
1714 MAGNOLIA BLVD WEST
SEATTLE, WA 98119
Location of Proiect: ST RT 3 L ON ST RT 106 TO SITE ADDRESS ON THE RIGHT SIDE
Within HOOD CANAL and/or its associated wetlands. The project will be
within shorelines of statewide significance.
Shoreline Designation: Urban
Parcel Number: 322365100008
Address: 10171 E STATE ROUTE 106 UNION
Legal Description: PEBBLE BEACH PARK TR 8 & T.L. & E 1/2 TR 9 &
T.L. NOFR/W & E 15' TR. 8 S OF R/W
Project Description: PROPOSED PROJECT IS TO ADD AN APPROX. 450 SF UPWARD
EXPANSION ROOM ON THE WOOD STRUCTURE SFR WITH ATTACHED
GARAGE
No permit authorizing construction shall extend for a term of more than five (5) years. If actual
construction of a development for which a permit has been granted has not begun within two years
after the approval of the permit by the Board of County Commissioners, the Board shall, at the
expiration of the two-year period, review the permit, and upon a showing of good cause, extend the
permit for one year. Otherwise, the permit terminates; provided that no permit shall be extended
unless the applicant has requested such review and extension prior to the last regular meeting of the
Board coming before the permit exipration date.
Approved: ❑
Denied: ❑
Authorized Local Government Official Date
THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A
CONDITIONAL USE OR VARIANCE PERMIT.
Approved: ❑ Date received by Department of Ecology:
Denied: ❑
This permit is approved by the Department of Ecology pursuant to Chapter 90.58 RCW.
Development shall be undertaken pursuant to the attached terms and conditions.
Date Authorized Dept. of Ecology Official
SHR2014-00005 Page 2 of 2
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
P O Box 279
Shelton, WA 98584
(360)427-9670
SHORELINE PERMIT
Case No.: SHR2014-00005 STATUS: ISSUED
Received: 2/28/2014 Issued: 5/14/2014 Expires: 5/14/2016
Tvoe of Permit: Sub. Dev./Cond. Use/Variance
Applicant: STEVE DRUGGE
1714 MAGNOLIA BLVD WEST
SEATTLE, WA 98119
Location of Project: ST RT 3, L ON ST RT 106 TO SITE ADDRESS ON THE RIGHT SIDE
Within HOOD CANAL and/or its associated wetlands. The projectwill be
within shorelines of statewide significance.
Shoreline Desiqnation: Urban
Parcel Number: 322365100008
Address: 10171 E STATE ROUTE 106 UNION
Leqal Description: PEBBLE BEACH PARK TR 8 & T.L. & E 1/2 TR 9 &
T.L. N OF RM & E 15' TR. 8 S OF R/W
Project Description: PROPOSED PROJECT IS TO ADD AN APPROX. 450 SF UPWARD
EXPANSION ROOM ON THE WOOD STRUCTURE SFR WITH ATTACHED
GARAGE
CONDITIONS_
This permit has been granted by Mason County persuant to the Shoreline Management Act of 1971
and nothing in this permit shall excuse the applicant from compliance with any other federal, state or
local statutes, ordinances or regulations applicable to this project but not inconsistent with the
Shoreline Management Act. (Chapter 90.58 RCW).
This permit may be rescinded pursuant to RCW 90.58.140(7) in the event the permittee fails to
comply with the terms and conditions hereof.
SHR2014-00005 Paae 1 of 1
1
STEVEDRUGGE
1714 MAGNOLIA BLVD. N.
SEATTLE WA 98199
CASE INDEX
Steve Drugge Shoreline Variance Request
S H R2014-00005
Exhibit# Date Description
1 Aril 14, 2014 Staff Report
2 February 28, 2014 Shoreline Variance Application
3 March 3, 2014 General Location Ma
4 March 3, 2014 Vicinity Aerial
5 March 31 2014 Site Close-up Aerial
6 May 6, 2013 Photo close-ups from south and east
7 May 6, 2013 Photo close-ups from south and east
8 March 10, 2014 Notice of Application
9 Aril 14, 2014 Affidavit of Posting
Drugge SHR 2014-00005 case index
I
I
Mason County
Department of Planning
Building I * 411 N. Sth Street * P.O. Box 279
Shelton, Washington 98584
TO: Mason County Hearings s Examiner
FROM: Mason County Department of Community Development
STAFF: Allan Borden - Planner; 360.427.9670 x 593, ahb@co.mason.wa.us
RE: Steve Drugge Shoreline Variance (SHR2014-00005)
HEARING DATE: April 22, 2014
STAFF REPORT
I. Introduction. This report evaluates a variance request for a study/ office and deck
addition to an existing residence along State Route 106 using Mason County Code (MCC)
Chapter 17.50 Shoreline Master Program and Chapter 15.09.57 Development Code
standards.
Staff is recommending approval of this proposal, as conditioned.
II. Applicant. Steve Drugge.
III. Date of Complete Application. February 28, 2014.
IV. Site address and Project Location. 10171 E State Route 106, Union, WA. Parcel
Number 32236-51-00008. Township 22 N, Range 3 W, Section 36, northeast quarter.
V. Evaluations.
A. Characteristics of the area. The area (Exhibits 3 &4) is the plat of Pebble Beach
Park, which is a single-family residential development along Hood Canal and both
sides of State Route 106 in northeast Mason County. The development of these
parcels in the area is regulated by the Mason County Shoreline Master Program
Urban Shoreline Designation.
B. Characteristics of the site. The property has an upland portion that is 15 ft. wide and
172 ft. deep, and a shore side portion of 70 ft. wide by 52 ft. deep where the
residence is situated (Exhibit 5). The shoreline portion has a concrete retaining
bulkhead on the west, east, and north sides (Exhibit 7). The residence is just north
of the state highway right-of-way, above the concrete bulkhead, and accessed from
the southeast. (Exhibit 6).
C. Comprehensive Plan Designation. The Mason County Comprehensive Plan
designation for the site is Rural.
Drugge SHR2014-00005 variance staff report - - 1
D. Zoning. The parcel is zoned Rural Residential 5 (RR-5).
VI. SEPA Compliance and other public notice requirements.
The proposal is exempt from SEPA per WAC 197-11-800 (1)(b)(i). Notice of Public
Hearing for the Application for a Variance (Exhibit 8) was published in the Mason County
Journal on 3/10/2014 and 3/17/2014 and posted at two public places on 4/8/2014. In
addition, the Notice of Public Hearing was mailed to all property owners within 300 ft. of
the proposal on 4/8/2014. The Affidavit of Posting Notice is enclosed as Exhibit 9.
VII. Other Permits.
If this request is approved, Mason County will need to issue a building permit when an
application for the addition is submitted. No work within the saltwater involving WA Fish
and Wildlife or Skokomish Tribe approval is proposed.
VIII. Analysis.
The proposal is the addition of a study/ office and small 3-ft. deep deck in the second
floor area of the residence. The proposal will use the replacement-within-footprint
provision of the Mason County Resource Ordinance Sec. 17.01.110.F.1.a. There will not
be an expansion of footprint into the road right-of-way or onto the beach; the proposed
addition is upland and within 15 feet of the concrete bulkhead, requiring the need for
the Shoreline Variance (Exhibit 2). No Development Regulations Variance request is
needed as the addition is within the existing building footprint of the residence.
A. Comprehensive Plan Review
Type III review for permit applications require that the Hearing Examiner evaluate
the proposal for consistency with the County's Development Code, adopted plans
and regulations. The Hearing Examiner shall review the proposal according to the
following review criteria:
1. The development does not conflict with the Comprehensive Plan and meets the
requirements and intent of the Mason County Code (MCC), especially Title 6, 8 and 16.
This development review does not conflict with the Comprehensive Plan and
meets all the requirements and intent of the MCC, with the exception of the
Shoreline Master Program Chapter 17.50.050 Residential Development
standards. This code section states that the minimum setback for structures
along urban shorelines be located at least fifteen feet from the shoreline
Ordinary High Water Mark or bulkhead.
Compliance with MCC standards:
Title 6 - The site is served by on site septic and well. Upon submittal of a
Building Permit(s) the Environmental Health Department will ensure that
Me septic and well adequately serve the site.
Title 8 - does not apply because the proposal is outside of any stream, wetland,
or landslide hazard area buffer/setbacks; and does not directly impact the
shoreline vegetation area.
Title 16—Since this does not involve subdividing or changing boundary lines,
Title 16 does not apply.
Drugge SHi22014-00005 variance staff report - - 2
2. The development does not impact the public health, safety and welfare and is in
the public interest.
The development proposal will not impact the public health, safety or welfare
because it is compatible with surrounding residences(the expansion is within the
residence footprint)and does not adversely affect the natural environment(not
over Me beach and served by the existing septic system). The request seeks
relief in proposing the expanded second-floor area of the residence within 15
feet of the Ordinary High Water Mark or bulkhead, but not expand the footprint
of the existing residence.
3. The development does not lower the level of service of transportation and/or
neighborhood park facilities below the minimum standards established within the
Comprehensive Plan.
The proposal does not lower the Level of Service for transportation or
neighborhood park facilities, as it is a small enlargement of an existing single-
family residence within a residential area.
B. Mason County Code, Title 17.50 Zoning— Shoreline Master Program Use Regulations
The Residential Development Section of Title 17.50 requires that urban shoreline
development meet a shore setback of 15 feet.
Since the proposal is situated at the 7-foot setback from the bulkhead to the east
and within the roofline of the existing residence, the applicant has applied for a
Shoreline Variance (Exhibit 7).
This same section requires that urban shoreline lots not have more than 60%
impervious surface area. Estimated impervious surface area is nearly 4096[2475sq.
ft. impervious area/6,220 sq, ft. total parcel area north and south of highway].
C. Variance Criteria
Both the Mason County Development Regulations and the Mason County Shoreline
Chapter of the MCC refer to MCC Section 15.09.057 for the findings required for
approval of a variance. The County must document with written findings compliance
or noncompliance with the following variance criteria:
1. That the strict application of the bulk, dimensional or performance standards
precludes or significantly interferes with a reasonable use of the property not
otherwise prohibited by County regulations;
The strict application of the dimensional standards of a fifteen foot shoreline setback
significantly interferes with a reasonable use of this property, as the proposal for an
additional study/office is within the existing residence footprint and is not proposed
as an over water development. Due to the current residence location, the expansion
on the second floor cannot be moved farther from the OHWM and bulkhead and
cannot be moved farther south due to the county road(Exhibit 7).
2. That the hardship which serves as a basis for the granting of the variance is
specifically related to the property of the applicant, and is the result of unique
conditions such as irregular lot shape, size or natural features and the application
Drugge SHR2014-00005 variance staff report - - 3
of the County regulations, and not, for example from deed restrictions or the
applicants own actions;
The hardship, which serves as a basis for granting of the variance, is the result
of the limited area for development between the bulkhead and county road and
the location of the existing residence, The proposed second-floor addition for
the study/office is on the highway side of the residence and does not increase
the footprint in any direction.
3. That the design of the project will be compatible with other permitted activities
in the area and will not cause adverse effects to adjacent properties or the
environment;
The design of the residence is compatible with the other permitted residences
adjacent to Hood Canal and does not cause adverse effects to adjacent
properties or the environment. The proposal to add the study/office area and
small deck will cause a minor change to the roofline of the residence away from
the shoreline area.
4. That the variance authorized does not constitute a grant of special privilege not
enjoyed by the other properties in the area, and will be the minimum necessary
to afford relief;
A Variance must be approved to allow for a modest-sized study/office on the
second floor to be added within the shoreline setback minimum distance of 15
feet from the OHWM, as the office use is consistent with other homes in the
area. This request is the minimum necessary to afford relief so that the
applicants can provide this room and small deck area away from the shoreline.
5. That the public interest will suffer no substantial detrimental effect;
The public interest will not suffer any detrimental effect. As a new area is
provided within the home, it is in the public interest to allow the expansion of the
second floor area for study office and deck without affecting shoreline views.
6. No variance shall be granted unless the owner otherwise lacks a reasonable use
of the.land. Such variance shall be consistent with the Mason County
Comprehensive Plan, Development Regulations, Resource Ordinance and other
county ordinances, and with the Growth Management Act. Mere loss in value
only shall not justify a variance.
A second floor area addition for a study and office in the single-family residence
is a reasonable use of the land in this zone. Without the variance, the applicant
will be unable to provide for additional area in the residence on this property that
has a narrow area from the road to the concrete bulkhead, and a 17-ft, wide
narrow area south of the state highway.
The proposal is consistent with the Mason County Comprehensive Plan, the
Development Regulations(as addressed in the variance findings 1-5), the Mason
County Code (as addressed in the variance findings 1-6), the Growth
Management Act, and all other county ordinances.
Drugge SHR2014-00005 variance staff report - - 4
IX. Conclusion.
Based upon the Variance criteria set forth above, staff finds the proposal meets the
variance criteria and does not adversely affect the area values within the
shoreline management area.
X. Choices of Action.
1. Approve the Variance.
2. Approve the Variance with condition.
3. Deny the Variance (reapplication or resubmittal is permitted).
4. Deny with prejudice (reapplication or resubmittal is not allowed for one year).
5. Remand for further proceedings and/or evidentiary hearing in accordance with
Section 15.09.090 of Title 15.
Drugge SHR2014-DDD05 variance staff report - - 5
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Building III.—426 west Cedar Street
P.O.Box 186, Shelton,WA 98584
(360)427-9670—Ext 352
SHORELINE PERMIT APPLICATION S qp_ 6006
PERMIT NO.BLD2013-00252 SHORELINE SUBSTANTIAL DEVELOPMENT`T
I SHORELINE VARIANCE* X
DATE RECEIVED 2-2 -2-n i'Ll SHORELINE CONDITIONAL USE*
SHORELINE EXEMPTION
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 $5,718.00 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 my fiuther describe the proposed
development Incomplete applications will be returned.
Shoreline Variances and Conditional uses have additional pages that shall be attached to this application.
APPLICANT: Steve Drugge
ADDRESS: 1714 Magnolia Blvd W
Seattle,WA,98199
TELEPHONE: 206-310-0211 206-284-2111
(home) (business)
AUTHORIZED REPRESENTATIVE: TN Miller Remodeling
ADDRESS: 1670 E Benson Lake Drive
Grapeview,WA.98546
TELEPHONE: 360-275-5702
PROPERTY DESCRIPTION:
General location('include property address,water body and associated wetlands—identify the name of the
shoreline):
10171 Highway 106 Union,WA.98592
Pebble Beach Park on Hood Canal
Legal description (include section, township, and range to the nearest quarter, quarter section or latitude and
longitude to the nearest minute. Projects located in open water areas away from land shall provide a longitude
location)—include all parcel numbers:
Tract 8 and Northeasterly one-half of Tract 9 of Pebble Beach Park
Parcel Numbers 32236-51-00008&32228-21-00084 V-7
Drugge shoreline app 3-1-2014.docx
OWNERSHP: Contract
Applicant Owner Lessee Purchaser (Identify) Other
Owner.
Steve Drugge
1714 Magnolia Blvd W
Seattle,WA.98199
DEVELOPMENT DESCRIPTON
Development(identify and descnbe the proposed project,including the type of materials to be used,construction
methods,principle dimensions,and other pertinent information):
The proposed project is to add an approximate 450 SF upward expansion room on the wood structure
residence's existing garage.
Use(identify current use of property with exist improvements:
The current structure is used as a seasonal residence. The addition will be used as a home office work space.
Reason for requesting development
The north corner of the residence is 95 feet from the face of the bulkhead along the northeast;and the corner
is 20 inches(1.75 feet)to the northwest of the concrete bulkhead with fence on it that parallels State Route
106.The existing residence has an area forward of the 15feet shoreline setback with dimensions of 5.5 feet
deep to the west and 15 feet plus 1.75 feet(total of 16.75 feet)long to the southwest;area measures 92SF.The
proposed addition area over the garage has an area that is an upward expansion of the residence that is
within the 15 foot shoreline setback standard.
ACKO WLEDGEMENT
I hereby deckfIt
,to the best of my knowledge and beliet the forgoing information and all attached information is
true and co
(app or autnrized representative) (date)
Z17
Drugge shoreline app 3-1-2014.docx
MASON COUNTY
DEPARTMENT OF CONMIUNITY DEVELOPMENT
Building III, 426 W. Cedar St.
P.O. Box 186
Shelton, WA 98584
(360) 427-9670
ADDITIONAL INFORMATION FOR SHORELINE VARIANCE
The purpose of a Variance Permit is strictly limited to granting relief to specific bulk,
dimensional or performance standards set forth in the Master Program,where there are
extraordinary or unique circumstances relating to the property such that the strict implementation
of the Master Program would impose gi' unnecessary p ary hardships on the applicant or thwart the
policies set forth in RCW 90.58.020.
Variance Permits for development that will be located landward of the ordinary high water mark
(OHWM), except those areas designated as wetlands,may be authorized provided the applicant
can demonstrate all of the following:
1. That the strict application of the bulk dimensional or erformance st
andards tandards set forth in the
Master Program precludes or significantly interferes with a reasonable use of the property not
otherwise prohibited by the Master Program;
Due to the limited space within the property, the strict setback requirements listed in the
Shoreline Master Plan would not allow adequate space to accomplish the construction of a
addition above the existing structures garage within the allowable reasonable use footprint.
2. That the hardship which serves as a basis for the granting of the variance is specifically
related to the property of the applicant, and is the result of unique conditions such as irregular lot
shape, size, or natural features and the application of the Master Program,and not, for example
from deed restrictions or the applicant's own actions;
The hardship is specifically related to the parcel due to the limited size,configuration of the
parcel.
3. That the design of the project will be compatible with other permitted activities in the area
and will not cause adverse effects to adjacent properties or the shoreline environment;
The addition will not exceed the foot print of the current structure. Similar projects have
been approved in Mason County allowing buildings to be constructed with modification to
the standard shoreline setbacks.
/,
Shoreline Variance Questions Page I of 2
4. That the variance authorized does not constitute a grant of special privilege not enjoyed by
the other properties in the area, and will be the minimum necessary to afford relief,
The addition will be an upward expansion well within the 30 foot height limit of a standard
building permit. The addition will be within the foot print of the current structure. Several
properties throughout the nearby area are occupied by buildings of similar or greater
footprints.
5. That the public interest will suffer no substantial detrimental effect.
There will be no detrimental effect to the public interest resulting from the proposed-
project.
Variance Permits for development that will be located either waterward of the ordinary high
water mark, or within wetlands,may be authorized provided the applicant can demonstrate, in
addition to Items 1-5 above,that:
6. The public rights of navigation and use of the shorelines will not be adversely affected by
the granting of the variance.
The project will not adjust the existing shorelinelbulkhead shape.
In the granting of all Variance Permits, consideration shall be given to the cumulative impact of
additional requests for like actions in the area. For example,if variances were granted to other
developments in the area where similar circumstances exist the total of the variances should also
remain consistent with the policies of RCW 90.58.020 and should not produce substantial
adverse effects to the shoreline environment.
Requests for varying the use to which a shoreline area is to be put are not requests for variances,
but rather requests for conditional uses.
Shoreline Variance Questions Page 2 of 2
lD �' '1 c. f r 611,9Y
q -o qq
001
5noreline Management ACt
Permit Data Sheet and Transmittal Letter
From: To:
Mason County Planning WA State AG - Ecology Division
P.O. Box 279 PO Box 40100 Ner
Olympia WA 98504
Shelton, WA 98584
Date of Transmittal: I�° c Date of Receipt: (DOE)
Type of Permit: (indicate all that apply); Substantial Development ❑ Conditional Use ❑
Variance Revision n
Other -
Local Government Decision: Approval Conditional Approval ❑ Denial ❑
Applicant Information: Applicant Representative: (if primary contact)
Name Name
Mailing Address Mailing Address
1-7 c'f ��� C3/��' W' f 6W C— 8 �14 Cake bt-
City. State. Zip �t W4 vi f R, City, State. Zip: �, p� 41 /'//-
Phone ✓ / 6/ Phone 1f V'"r �6f�J
Email: �jJG G1'!/ �(✓G 1l� Email` '
0: Z7,�5
Is applicant the property owner? Yes No � '`� W 2,
Property Location: (section,Township and Range to the nearest Y•,Y.Section of Latitude
and Longitude,
Longitude,and as street
tttaaddresss where
/
available) a 1 tf �li J ,V CC� /-0 7/ �,'GtAC TG �V�� 66-t�
�i�``1'4
Shoreline of Statewide
Waterbod : �� Significance? ES ❑ NO
Shoreline
Designation: urn Tax Parcel Number: -j2236 51 0X0 b
Project Description: (Summary of the intended
V'V� use o project purpose
CA
Xv" (Ti
4 414-
Notice of Application Date: 2 ?'� � Final Decision Date: 5 411
By: � � Phone: 36d 4l q,h d I1' . 365—
:PLANNING\PAC\FORMS\SMPdatasheet 10-28-2008
Shoreline Management Act
Permit Data Sheet and Transmittal Letter
From: To:
Mason County Planning WA State DOE - SW Regional Office
P.O. Box 279 P.O. Box 47775 - attn: Shoreline Permit Reviewer
Shelton, WA 98584 Olympia, WA 98504
Date of Transmittal: /0 r�(� Date of Receipt:l .DOE
P (DOE)
Type of Permit: (indicate all that apply) ' Substantial Development ❑ Conditional Use ❑
Variance Revision n
Other -
Local Government Decision: Approval Conditional Approval ❑ Denial ❑
Applicant Information: Applicant Representative: (if primary contact)
Name 6*VC �� P/ Name
Mailing Address (- C 4k�q0l�W
1, ✓� ,I, Mailing Address 1
6-7V E 8m,5e4 lake br
City, State, Zip C,�/, �� ��/� City, State, Zip. - (7oa �r���p„ �� -t 0 -f•i
EmaPhoie Phoe
l 5;hvegy dhf e-cpa 1 M41 Email ��� '�1 f'Yt/`lef l"e-Mo O 1
Is applicant the property owner? Yes No ' Z7,}"57o2�,
Property Location: ii(section,Township and Range tothe nearest%,'/�S�e/cttiio-n 6ff 1:atifude and
/Longitude,
and as street
taaddress where/,1
available) s I 6� Zit 1F- J 'V /� aG�i�yv"v r/0{ 71 �IGIAC D-Z7 o 106, (iU/(, M
C/-,Ivpl`/i
Shoreline of Statewide
Waterbod 6Significance? SI&S o NO
Shoreline / / / 32236 5"I 0000 b
Designation: Tax Parcel Number:
Project Description: (Summary of the intended us�A proje t purpose �'G�/�G t'��C.�'�V 1 V lhl" Qi
r
Notice of Application Date: 2 Final Decision Date: 5/1 q` /'f
BY M �VA4111 Phone: 360 421 q6-70 "�, 365
(:PLANNING\PAC\FORMS\SMPdatasheet 10-28-2008
ko&, cao q
top view
�4
17P,io6 106
®®®®
MEMO
MEMO
i
A'AZ-- -�wnr�i^--211 FA .Lll lrll
A-J h! yA JF! V3tlV tk4Nl
' 4
i
A i
i
'V � W0011038
r '
1N030 MOl3B BGN3 N3d0
6
S/I P.11 91-AI 91A1 R .91N hA --.LI 11-.LI
I
N0� ' /
W i.
U)
}
,o
w
z
T2 3W
OJ
Q-
E WINDSTAR RD.
E TIMBERITIDES DR
E HAWKS VIEW
PL t
T21 NR3W
i
1 inch = 833.33 feet
W E 1 inch =0 miles
. . J
S
i
111f3l2r225\5iO0019
_2255100017\
322255100016 322255100018
322255100013
322255100012 322255100019
32225510�0011 3�551�8
322252222222 322255100008 322255100010
32225510001�
322255100006 \ 22250, 0000 322255100016'
322255100004 -
3.22255100003 .{322255100014
322255100001 , f
3223625100905 322255100012
322365100003 ,!� 322255100010
322255100004 322255100008
322365100004--- " 322365100001
322365100900 T
322365100006
'32236510
�,. 0001 ,
322362222222 322365100008 / y 322365100002 ^r1
322365100003
322365100010 ' k
r \ r 322365100004 . ,
322365100903�322365100902'
\ "tom
'3223 6 100006�
322365100904 =. �•322365100008
322365100901� •
322365100014 ��++-- •�36 '
;,yt''y'"� -�• �-•r
t ; 322365100902:
322365100017
32236510001. �f
+ 322369999999
322365100019
r"
3223 5100014'..14 )rsVa
322365100022
�. •� .i� 322365100018 �' '' '_ }'j�' ��
as
322365100024• 3223621000001
322365100019 } �vj r ;!
322365100026 ; ' Kam: ';� ws"
+r 3223651000221-' +'
32�510 •�`c � _' A f;�,,��}} ;k �y i? 1:_�la��-
,• 365100026
Ip
322365100029 ° �O' jr
^ r Vr r
„� �'}
2236 100030 x: c t r ';; r�►,1 ", y
322367500060
322365100032
g 322367500070
N ��r C 2�1y ���� � .� y�
C 1 inch = 200 `,1feet rf�� I, `� aettiv
W E 1 inch = 0 miles l "'C
S
122 R3 \32225v1 0001
c _
v J ��'• 32236251009051.
322365100003
4
+ Ifi
322365100004
a �r
322365100002
322365100006;'
y
3223651
�r >
4
322365100008
35100,1-"
\ T22NR3W 32236999999 e x.,
322365100902
s
A
J
.
322365100010 - i
,
p ". 322365100006;
�M JA a F.s,.' 1 Y,!+. � •AIL
322365100903` + " �'�� r . 322365100008y �, •
322365100901
et.
or
jwlF jr 5
i u H••. c. w JK �.
N ■� `' 322365100902.
6. ,. ` �' 1 322362100000 I
j, 322365100011
° ' Source E ri, •igital lobe GeoEye i.�ubedl/USrDf
Get appin• erog'�i GN 65P, s 'issto-&andith'e,GIS , � C•o it
1 inch = 50 feet
W E
1 inch = 0 miles CtoSe,up eo,(4
S
►��i1
'al
S
y _
� �y ..dry �•
•F j: /:j�ei
°�:q•�`�' �'• ' (r j;�a cam;f,
/ 1f •'� x1�.1
l•
--r'
ti.
OF
re i fa-ell (-e
i
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
P.O. Box 279, Shelton, WA 98584
(360) 427-9670
SHR2014-00005 NOTICE OF SHORELINE MANAGEMENT PERMIT.
Notice is hereby given that Steven Drugge who is the owner of the described property below,
has filed an application for a Shoreline Substantial Development Permit and Variance for the
development of:
Addition of new home office (450 sq. ft. area) with small deck over garage in
existing residence with no expansion of residential footprint; second floor
addition will be upland of the existing bulkhead but within 15 feet of the
ordinary high water mark of Hood Canal. The variance is requested to evaluate
the expanded second floor area.
Parcel Number: 32236-51-00008.
Site Address: 10171 E State Route 106,Union WA.
Location of Project: Along Hood Canal four miles east of Union; within the northeast 1/4 of
Section 36, Township 22 N., Range 3 W. in Mason County Washington.
Said proposed development is subject to shoreline management permit review(M.C.C. 17.50) and
associated Mason County Development Regulations standards. Any person desiring to express their
view or to be notified of the action taken on the application should notify in writing of their interest to:
MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
PO BOX 279
SHELTON,WA 98584
The comment period is at least 30 days from the final date of publication given pursuant to WAC 173-
14-020. The final date of publication, posting or mailing of notice is March 20,2014.
The proposal is exempt from environmental review under WAC 197-11-800.
Written comments will be accepted up to the date of the Hearings Examiner public hearing Tuesday
April 22, 2014; 1:00 PM in Mason County Bldg. I (411 No. Fifth St., Shelton). Contact this office at
(360) 427-9670, ext. 365 for further information.
AFFIDAVIT OF POSTING NOTICE
STATE OF.WASHINGTON ) t
ss.
COUNTY OF MASON )
do hereby certify that I posted copies of
the attached
on day of 20 ��F in —2z public places.as follows:
one at
one at
one at
In witness whereof, the party has signed this Affidavit of Posting Notice this � �t�ddy
of , 20 .
By.
Address: Li 66x
STATE OF WASHINGTON )
ss
COUNTY OF MASON )
Subscribed and swom to me this /�th day;sid
"� , 20 4/
Notary Public State of Washington
DEBBERA COKERblic for the State of Washington
MY COMMISSION EXPIRES11/15/2014at �"Cori �o�'�-4
Commission Expires
Page 1 of 1
4
Allan Borden - Mason County Building Permit BLD2013-00252 addition at 10171 SR 106
II
From: Allan Borden
To: Jayson Miller; Steve Drugge
Date: 5/9/2013 11:49 AM
Subject: Mason County Building Permit BLD2013-00252 addition at 10171 SR 106
CC: Allan Borden
Attachments: Drugge BLD permit letter.pdf
Steve Drugge/Jayson Miller:
Please find the attached letter (scanned) regarding the proposed addition to the residence along Hood Canal.
The issue to be addressed is access to the site to verify the setback from the bulkhead, and the potential need
for additional review if the minimum shoreline setback is not met. Please contact me regarding a site inspection.
Allan Borden
Planner- Long Range & Site Inspection
P.O. Box 279, Shelton, WA 98584 rr
(360)427-9670 ext. 365 +(O-J
1
etd
I
Ito
v
file:///C:/Users/ahb/AppData/Local/Temp/XPgrpwise/518B8D64Masonmai11001626A6811... 51912013
a
• ' s
e
4
1 r
AW
14 0v \
I
Sew NOW
a
dl-
_.
. VIP A, �►
R
AM
pf
r �
A
y
•
Latta Family LLC Daniel Wolfenbarger
2802 Burnaby Park Loop SE P.O. Box 416
Olympia, WA. 98501 Union, WA. 98592
Roy Anderson Don Sanders
10111 E. State Route 106 325 Wildcat St. SE
Union,WA. 98592 Olympia, WA. 98503
Stephen Hardyman
Thomas Bauer
126 NW Canal St. Suite 100
10191 E. State Route 106
Seattle, WA.98107
Union, WA.98592
Eric Souza Ken McKay
10190 E. State Route 106
960 Rice St.
Union, WA.98592
Aberdeen,WA. 98520
Michael Wittenberg John Peringer
430 Sherman St. NW 23613 71" Dr. SE
Olympia, WA. 98502 Woodinville, WA. 98072
Linda Paladin
10230 E. State Route 106
Union, WA. 98592
*1854
MASON COUNTY (360)427-9670 Shelton ext.352
DEPARTMENT OF COMMUNITY DEVELOPMENT (360) 275-4467 Belfair ext. 352
BUILDING•PLANNING•FIRE MARSHAL (360)482-5269 Elma ext. 352
Mason County Bldg. III, 426 West Cedar Street
PO Box 279, Shelton, WA 98584 www.co.mason.wa.us
February 7, 2014
Steve Drugge
1714 Magnolia
Seattle WA 98199
RE: Building Permit BLD2013-00252
Second Floor Addition at 10171 E State Route 106 Union WA
Dear Mr. Drugge and Mr. Miller:
I have prepared this letter to put into writing the notes from my site visit on Wednesday
May 29, 2013 with Jayson Miller of T.N. Miller Remodeling. Questions on the proposed
residential addition arose at the time of a site inspection for the review of Building Permit
BLD2013-00252.
The question to answer with this May 29, 2013 site visit is whether (and how much) the
proposed addition above the existing garage meets the Shoreline Master Program
standard for setback from Ordinary High Water Mark (OHWM), that is 15 feet or greater.
Once distance measurements were taken regarding the existing residence in relation to
the bulkhead along Hood Canal, a determination whether the standards are met and
whether a variance request must be submitted.
I have included a sketch that shows measurement taken on that date in the location of
the addition over the garage. The north corner of residence is 9.5 feet from the face of
the bulkhead along the northeast; and the corner is 20 inches (1.75 feet) to the northwest
of the concrete bulkhead with fence on it that parallels State Route 106. The
measurements show that the existing residence has an area forward of the 15-ft.
shoreline setback with dimensions of 5.5 feet deep to the west and 15 feet plus 1.75 feet
(total of 16.75 feet) long to the southeast; this area measures 92 sq. ft.
Your proposed additional area over the garage has an area that is an upward expansion of
the residence that is within the 15-foot shoreline setback standard. A request like this
requires the review of a Shoreline Variance of the current standards of the Mason County
Shoreline Master Program. If you have further questions, please contact Allan Borden at
(360) 427-9670 ext. 365; or by email.
Allan Borden
Land Use Planner
Drugge home &Jayson Miller inquiry
i
we Id6
ht�e5 fiTy" I
Sluc (wc3
. p,,klV�s� f+ro q teav�)
I01-71 nio�vt��a
�/W4
S}e{\5-� r SYv�
N
woad cam I