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Home My WebLink AboutSPI2003-00006 - SPI Inspections - 1/17/2003 PSotk-STATFo� MASON COUNTY o a° �, DEPARTMENT OF COMMUNITY DEVELOPMENT s N Planning Division s� N y ti P O Box 279,Shelton,WA 98584 0� (360)427-9670 1864 Shoreline Inspection January 17, 2003 PODAN BIOX 22ULLIVAN BELFAIR WA 98528 I Case No.: SP12003-00006 Parcel No.: 322365100036 Project Description: Preinspection to discuss their beach area in relation to a very old and degraded partial concrete foundation which juts out into the aquatic environment. Dear Applicant: As part of this department's review of your permit application, a Shoreline Inspection (SPI) was performed on your property. Below you will find comments made regarding the proposed development and its critical values. In some cases, setbacks for development from shorelines, steep slopes, streams, and wetlands must be included in your specific proposal; these setbacks are included as part of the comments listed below. This information is based on County and State regulations as they exist to date. These regulations may change and may affect the requirements for development of the subject property. Please contact me at(360) 427-9670,ext. 295 if you have questions. Sincerely, Pam Bennett-Cummina Land Use Planner Mason County Planning Department 1/17/2003 1 of 3 SP12003-00006 Shoreline Inspection 1/17/2003 Case No.: SP12003-00006 Comments: Planning staff met with property owner in the fall of 2002. This is two an old partial degraded foundation walls jutting out into the Hood Canal. Near the end these walls actually have nothing under them, just air space. These partial concrete walls show up on the old shoreline aerial photos from the late 1970's in what looks to be a similar state of disrepair. The landward end of the remains of the walls is close to the roadbed of Highway 106. Immediately east on the shoreline is the culvert outlet to a small stream. There is approximately 15ft of upland between the edge of Highway 106, and the Ordinary High Water Mark of Hood Canal. The old concrete that projects out beyond the OHWM extends approximately another 36ft into the Hood Canal environment, and appears to function as a partial groin rather than a bulkhead because it projects outward into the Hood Canal at right angles to the upland, stopping and capturing the lateral beach drift, and starving the beach to the east of sediment. The remains of this structure are nonconforming to the Mason County Master Program because they are waterward of the Ordinary High Water Mark of Hood Canal, and nonconforming to the,Fish and Wildlife Chapter 17.01.110 of the Mason County Resource Ordinance because they are within the saltwater aquatic resource, and adjacent to a stream outlet. The property owner Jill Sullivan believes that the concrete once had some sort of structure on it in the 40's. Ms. Sullivan wanted to know if she could "repair" the concrete by pouring a new foundation wall on the outside of each existing wall, out to the ends, and indicated she wanted to do this to save her beach. The concrete walls have been in disrepair for many years (1970's shoreline aerial photos, other aerial photos, this planning staff observation since 1996). Planning staff took measurements and photos. Mason County Shoreline Master Program Chapter 7.13.020 applies to nonconforming structures. A nonconforming legally established structure may be maintained on an ongoing basis to prevent a "decline, lapse or cessation from a lawfully established use" and repaired within one year of decay. This partially decayed concrete foundation projecting into the Hood Canal does not meet this provision because it has not been functioning as a foundation for many years, and because of its location. Staff explained that any proposal to replace the decayed foundation would not meet current shoreline regulations and would need a variance from the Fish and Wildlife Chapter 17.01.110 of the Mason County Resource Ordinance, and a 1/17/2003 2 of 3 SP12003-00006 Shoreline Inspection 1/17/2003 Case No.: SP12003-00006 Shoreline Substantial Development Permit Variance from the Shoreline Master Program regulations, and SEPA environmental review. The fish and wildlife chapter review also requires completion of a Habitat Management Plan. The project would also require Hydraulic Project Review from the WA ST Department of Fish and Wildlife, and an Army Corps of Engineers permit. Based on discussion with other agencies, it appears unlikely such a project could meet their provisions for approval. Staff explained in the interest of the applicant making an informed decision about how to proceed, they needed to be aware that based on information to date, that the project did not meet the variance criteria and staffs role in comparing this project to the variance criteria could likely be a recommendation of denial. Staff also explained DOE was also involved in the shoreline permit variance process and had final review of shoreline variances. Both variance processes involve public notice and notification, and public hearings. A shoreline variance's final review is through Department of Ecology. Ms Sullivan indicated she wanted DOE's opinion and staff discussed Department of Ecology's role in reviewing shoreline variances. At the request of Ms. Sullivan, in late 2002, staff was able to get Kim VanZwalenburg of DOE's Southwest Regional Office shorelines division to review the site and at that time concurred with the county's determination that the old partial foundation waterward of the OHWM did not meet the county's provisions of the Shoreline Master Program. Staff discussed Ms. VanZwalenburg's visit with Ms. Sullivan and also referred her directly to Ms. VanZwalenburg at her request. It is our understanding that the property owner is currently in contact with her to discuss the site. If you have any questions whatsoever, please feel free to contact me at (360) 427-9670 ext. 295. 1/17/2003 3 of 3 SP12003-00006 i