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HomeMy WebLinkAboutDDR-2004-00070 Hearing - DDR Letters / Memos - 6/22/2004 Mason County Department of Planning Building I * 411 N. 5`h Street * P.O. Box 279 Shelton,Washington 98584 * (360)427-9670 June 22, 2004 TO: Mason County Hearing Examiner FROM: Planning Staff—Rick Mraz RE: Mason County Development Regulations Variance(DDR2004-00070). STAFF REPORT I. Introduction. This report evaluates an application for a variance from the Lot Requirements in a Rural Tourist (RT) Zoning District, specifically to allow a sign to encroach into the required 30' right-of-way setback for State Route 106. The proposal is requesting a 5' setback from the right-of-way. II. Applicant: North Forty Lodging LLC III. Date of Complete Application: May 14, 2004 IV. Property Location: Site address and Project Location: 7101 E. State Route 106, Union. Parcel #32233-50-00014. Legal description: Lengthy and attached. V. Evaluations. A. Characteristics of the site. The site and general area is the Alderbrook Inn and associated facilities as described in the permit application. See drawings, site plans and details in the binder provided by the applicant. B. Characteristics of the area. The general area is the Union Rural Activity Center. Nearby commercial uses include the Robin Hood Restaurant, the Union Grocery store, Union Bay camping, and the Union Post Office. Residential development abuts the eastern and western property boundaries. C. Comprehensive Plan Designation. The Mason County Comprehensive Plan designation for the site is Rural. D. Zoning. The parcel is zoned Rural Tourist. VI. SEPA Compliance and other public notice requirements. The proposal is SEPA exempt per the Mason County Environmental Policy Ordinance No. 125- 98, Section 4.2, Flexible Thresholds for Categorical Exemptions, 1(c). Hood Village has signs at less than 30' rom the right-of-wayas do Union Ba g g f y cabins (<10), the Union garage (<5), and the Union Country store (+1-20). Again, the location of the PUD box, which in its location on this property as compared to neighboring conditions, creates the need for the sign location. C. Staff cannot identify any detrimental aspects to the proposal. Washington State Department of Transportation has stated that there are no objections to the placement of the sign 5'from the right-of-way. The sign will not create any view impediments or traffic safety issues. Public welfare is not compromised by the placement of the sign at this location. It will not be obtrusive in its proposed location, but will simply be visible to motorists. D. Mason County Comprehensive Plan policy R U 218 states that the County shall permit recreational/tourist uses that meet the following criteria: uses are compatible with rural character of adjacent lands: uses provide landscape buffers and physical setbacks from major transportation corridors, ensuring visual compatibility with surrounding rural areas; uses ensure the protection of critical areas, surface and ground water resources; uses ensure protection from conflicts with resource lands of long standing significance; uses preserve the character of the existing natural neighborhoods. The sign will be of minimal size and sufficient setback to avoid difficulties with transportation issues. Conclusions: As designed, the project is consistent with the variance criteria outlined in the Mason County Development Regulations. Planning staff recommends approval of the variance. VI. Choices of Action. 1. Approval. 2. Approve with conditions. 3. Deny(reapplication or resubmittal is permitted). 4. Deny with prejudice (reapplication or resubmittal is not allowed for one year). 5. Remand to for further proceedings and/or evidentiary hearing in accordance with Section 15.09.090 of Title 15. Jej �i �S_ �;r�c':Ac'l Index Date Description 1 June 22, 2004 Staff Report 2 April 29, 2004 Application for variance 3 May 3, 2004 Applicant's statement w/ site plan and .sign sketch 4 April 29, 2004 Notice of application M Mason County Department of Planning Building I * 411 N. 5`"Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 January 3, 2005 TO: Mason County Hearing Examiner FROM: Planning Staff—Rick Mraz RE: Mason County Development Regulations Variance (DDR2004-00214). STAFF REPORT I. Introduction. This report evaluates an application for a variance from the Lot Requirements in a Rural Tourist(RT)Zoning District, specifically to allow a sign to encroach into the required 30' right-of-way setback for State Route 106. The proposal is requesting a 5' setback from the right-of-way. II. Applicant: North Forty Lodging LLC III. Date of Complete Application: December 2,2004 � SQA IV. Property Location: Site address and Project Location: 7101 E. State Route 106, Union. Parcel#32233-50-00014. Legal description: Lengthy and attached. V. Evaluations. A. Characteristics of the site. The site and general area is the Alderbrook Inn and associated facilities as described in the permit application. See drawings, site plans and detailg�e�provided by the applicant. B. Characteristics of the area. The general area is the Union Rural Activity Center. Nearby commercial uses include the Robin Hood Restaurant, the Union Grocery store,Union Bay camping, and the Union Post Office. Residential development abuts the eastern and western property boundaries. C. Comprehensive Plan Designation. The Mason County Comprehensive Plan designation for the site is Rural. D. Zoning. The parcel is zoned Rural Tourist. VI. SEPA Compliance and other public notice requirements. The proposal is SEPA exempt per the Mason County Environmental Policy Ordinance No. 125- 98, Section 4.2, Flexible Thresholds for Categorical Exemptions, 1(c). VII. Other Permits. The proposal will require a Mason County Building Permit. Analysis. The proposal is to erect a 4' 6"tall by 6' wide sign 5' from the right-of- way of State Route 106. The project requires a variance per the Mason County Development Regulations, specifically Section 1.04.600, specifically 1.04.603, Lot Requirements. The Mason County Development Regulations for Rural Tourist zoning describes certain performance standards for signs but does do not specifically reference setbacks. The Lot Requirements section lists setbacks and the Front Yard setback is noted at 30'. Front yard is further defined and references the term structures, the definition of which is satisfied by a sign. Per Section 15.09.057,Variance Criteria of the Mason County Title 15, Variances from the bulk and dimension requirements of the Resource Ordinance or the Development Regulations(zoning regulations)may be allowed as follows. The County must document with written findings compliance or noncompliance with the variance criteria. The burden is on the applicant to prove that each of the following criteria are met: 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; A sign in a location where it is functional and unobtrusive is a significant and necessary component of almost any commercial enterprise that is attempting to solicit business. The County regulations, as written, were intended primarily to create setbacks for business buildings, however, the definition of structure is interpreted to relate to signs also. The sign is its proposed location will serve an important and necessary informational function that would otherwise be precluded if it were required to meet the (building)structure setback of 30'. 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 County regulations, and not, for example from deed restrictions or the applicant's own actions; As noted the property is zoned Rural Tourist per the Mason County Development Regulations. The parcel contains frontage on State Route 106 and Dalby Road. The road frontage and commercial use of the site create certain needs and requirements associated with representation of that use. It is useful and necessary to place the sign in a location visible from both roadways as a directional and informational aid. The County regulations for parcels in the Rural Tourist zoning district play a significant role in currently requiring setbacks that render signs ineffective. Also the parcel slopes abruptly toward the road and placement of the sign atop the slope would severely reduce its visibility from the roadways. 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; Staff has not been able to identify any other signs in the vicinity that are located more than 30'from the right-of-way. There are no critical areas issues associated with the location of the sign. Public comment was available per posting of the site, mailing to adjacent property owners and advertisement in the Shelton Journal. No public comment was received. A similar sign was permitted by the Hearing Examiner via variance in case #DDR2004-00070 on June 30, 2004. 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; Staff has not been able to identify any other signs in the vicinity that are located more than 30'from the right-of-way. Signs by their very nature and purpose are best located near enough to a travel corridor to be visible. Robin Hood Village has signs at less than 30'from the right-of-way as do Union Bay cabins (<10), the Union garage (<5), and the Union Country store(+/-20). 5. That the public interest will suffer no substantial detrimental effect; Staff cannot identify any detrimental aspects to the proposal. Washington State Department of Transportation has stated that there are no objections to the placement of the sign 5'from the right-of-way. The sign will not create any view impediments or traffic safety issues. Public welfare is not compromised by the placement of the sign at this location. It will not be obtrusive in its proposed location, but will simply be visible to motorists. 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 sign in a location where it is functional and unobtrusive is a significant and necessary component of almost any commercial enterprise that is attempting to solicit business. The Mason County Comprehensive Plan policy R U 218 states that the County shall permit recreational/tourist uses that meet the following criteria: uses are compatible with rural character of adjacent lands: uses provide landscape buffers and physical setbacks from major transportation corridors, ensuring visual compatibility with surrounding rural areas; uses ensure the protection of critical areas, surface and ground water resources; uses ensure protection from conflicts with resource lands of long standing significance; uses preserve the character of the existing natural neighborhoods. The sign will be of minimal size and sufficient setback to avoid difficulties with transportation issues. Conclusions: As designed, the project is consistent with the variance criteria outlined in the Mason County Development Regulations. Planning staff recommends approval of the variance. VI. Choices of Action. 1. Approval. 2. Approve with conditions. 3. Deny(reapplication or resubmittal is permitted). 4. Deny with prejudice (reapplication or resubmittal is not allowed for one year). 5. Remand to for further proceedings and/or evidentiary hearing in accordance with Section 15.09.090 of Title 15. Mason County Department of Planning Building I * 411 N. 5ch Street * P.O. Box 279 Shelton, Washington 98584 * (360)427-9670 June 22, 2004 TO: Mason County Hearing Examiner FROM: Planning Staff—Rick Mraz RE: Mason County Development Regulations Variance (DDR2004-00070). STAFF REPORT I. Introduction. This report evaluates an application for a variance from the Lot Requirements in a Rural Tourist(RT) Zoning District, specifically to allow a sign to encroach into the required 30' right-of-way setback for State Route 106. The proposal is requesting a 5' setback from the right-of-way. II. Applicant: North Forty Lodging LLC III. Date of Complete Application: May 14, 2004 IV. Property Location: Site address and Project Location: 7101 E. State Route 106, Union. Parcel #32233-50-00014. Legal description: Lengthy and attached. V. Evaluations. A. Characteristics of the site. The site and general area is the Alderbrook Inn and associated facilities as described in the permit application. See drawings, site plans and details in the binder provided by the applicant. B. Characteristics of the area. The general area is the Union Rural Activity Center. Nearby commercial uses include the Robin Hood Restaurant, the Union Grocery store, Union Bay camping, and the Union Post Office. Residential development abuts the eastern and western property boundaries. C. Comprehensive Plan Designation. The Mason County Comprehensive Plan designation for the site is Rural. D. Zoning. The parcel is zoned Rural Tourist. VI. SEPA Compliance and other public notice requirements. The proposal is SEPA exempt per the Mason County Environmental Policy Ordinance No. 125- 98, Section 4.2, Flexible Thresholds for Categorical Exemptions, 1(c). VII. Other Permits. The proposal will require a Mason County Building Permit. Analysis. The proposal is to erect a 4' 9"tall by 6' wide sign 5' from the right-of- way of State Route 106. The project requires a variance per the Mason County Development Regulations, specifically Section 1.04.600, specifically 1.04.603, Lot Requirements. The Mason County Development Regulations for Rural Tourist zoning describes certain performance standards for signs but does do not specifically reference setbacks. The Lot Requirements section lists setbacks and the Front Yard setback is noted at 30'. Front yard is further defined and references the term structures, the definition of which is satisfied by a sign. Per Section 1.05.035 of the Mason County Development Regulations, the following findings shall be required for approval of a variance. Before any variance is granted, the granting authority shall make a positive determination regarding each of the following factors: A. That there are special circumstances applicable to the subject property such as shape, topography, location or surroundings, which circumstances do not apply generally to other properties in the same Development Area; B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity,but because of special circumstances is denied to the property in question; C. That the granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity in which the subject property is located; and D. That the granting of the variance is in substantial harmony with the Comprehensive Plan. Project Analysis: A. Staff identifies the Public Utility District (PUD) box as unique in its location and aesthetic effect on this portion of the property. The utility easement is not regulated by the Mason County Development Regulations setbacks and utility structures are exempt from the setback requirements. The sign would be positioned to screen the box. Other nearby Rural Tourist uses such as the Robin Hood village have no such structures that create aesthetic impacts. In addition the parcel slopes downward away from the road and placement of the sign at the required setback distance would position the sign below the roadway. B. Staff has not been able to identify any other signs in the vicinity that are located more than 30'from the right-of-way. Signs by their very nature and purpose are best located near enough to a travel corridor to be visible. Robin Hood Village has signs at less than 30'from the right-of-way as do Union Bay cabins (<10), the Union garage (<5), and the Union Country store (+/-20). Again, the location of the PUD box, which in its location on this property as compared to neighboring conditions, creates the need for the sign location. C. Staff cannot identify any detrimental aspects to the proposal. Washington State Department of Transportation has stated that there are no objections to the placement of the sign S'from the right-of-way. The sign will not create any view impediments or traffic safety issues. Public welfare is not compromised by the placement of the sign at this location. It will not be obtrusive in its proposed location, but will simply be visible to motorists. D. Mason County Comprehensive Plan policy R U 218 states that the County shall permit recreational/tourist uses that meet the following criteria: uses are compatible with rural character of adjacent lands: uses provide landscape buffers and physical setbacks from major transportation corridors, ensuring visual compatibility with surrounding rural areas; uses ensure the protection of critical areas, surface and ground water resources; uses ensure protection from conflicts with resource lands of long standing significance; uses preserve the character of the existing natural neighborhoods. The sign will be of minimal size and sufficient setback to avoid difficulties with transportation issues. Conclusions: As designed, the project is consistent with the variance criteria outlined in the Mason County Development Regulations. Planning staff recommends approval of the variance. VI. Choices of Action. 1. Approval. 2. Approve with conditions. 3. Deny(reapplication or resubmittal is permitted). 4. Deny with prejudice (reapplication or resubmittal is not allowed for one year). 5. Remand to for further proceedings and/or evidentiary hearing in accordance with Section 15.09.090 of Title 15. RECEIVED MASON COUNTY g 2004 DEPARTMENT OF COMMUNITY DEVELOPM12 426 W. CEDAR ST. APPLICATION FOR VARIANCE TO DEVELOPMENT REGULATIONS The purpose of this application is to provide a means of altering the requirements of the Mason County Development Regulations (Ordinance # 82-96) in specific instances where the strict application of these regulations would deprive a property of privileges enjoyed by other properties which are similarly situated, due to special features or constraints unique to the property involved. No variance shall be granted to permit the establishment of a use otherwise prohibited within the development area in which the property of concerned is located, except as provided in Mason County Code 1.05.036(B). Applications for such variances shall not be accepted for processing or review. LL C Applicant name AB de�,(�,roc,k �e o:� Telephone# U ?67— 9'990 Mailing address Site address a�- 3 3 -5-C)0 0 0 l f Tax Parcel# - - Legal Description cr t{-z?c-�e C/ On a separate piece of paper please state your reason(s) for seeking a variance. Describe any special circumstances applicable to the subject property such as shape, topography, location or surroundings, which do not generally apply to other properties in the same development area. Explain why a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity, but because of special circumstances is denied to the parcel in question. Please note that when reviewing your application the Hearings Examiner will need to determine that a variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity in which the subject property is located; and that the variance request is or is not in substantial harmony with the Comprehensive Plan. Applicant signature(s) Development Regulations Variance: $9&M. 9;L0.0 0 Hearings Examiner: $26"0 340.00 Applicant will also be billed for all advertising costs. Acceptance of this application,by Mason County,does not guarantee approval. I:\PLANNING\C&RPAC\DEV-REGS.VAR REVISED: 03-06-03 O PARCEL 1 THOSE PORROVS OF 7RAC75 9, 10 AND 11 LYING NORTH OF STATE ROUTE NO. 106, ALL IN SUNNY BEACH, AS PER PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PACE 34, RECORDS OF MASON COUNTY, WASHINGTON. EXCEPT THAT POR7701V LYING W17HIN THE PLAT OF ALDERBROOK COUNTRY ails, AS PER PLAT THEREOF RECORDED UNDER VOLUME 5 OF PLA75; RECORDS OF MASON COUNTY, WASHINGTON. 7060HER WITH ALL 77DELANDS OF THE SECOND CLASS FORMERLY OWNED BY IHE STATE OF WASHINGTON AS DEFINED BY CHAPTER 255 OF SESSION LAWS OF 1927, S1711ATE/N FRONT OF, ADJACENT TO, OR ABUT77NG UPON THE ABObE DESCRIBED PROPERTY. O PARCEL PARCEL NO.. 1 OF SHORT PLAT NO. 1664, RECORDED UNDER AUDITORS FILE NO.. 465718, RECORDS OF MASON COUNTY, WASH/NGTON. BEING A POR77ON OF LOTS 7 AND 8, SUNNY BEACH, RECORDED 1N VOLUME 2 OF PLA75: PACE 34. O PARCEL 3 PARCEL NO.. 2 OF SHORT PLAT NO. 1664, RECORDED UNDER AUDITORS FILE NO. 465718, RECORDS OF MASON COUNTY, WASHINGTON, BEING A POR77ON OF L075 8 AND 9, SUNNY BEACH, RECORDED IN VOLUME 2 OF PLATS PAGE 34. ® PARCEL 4 TRAC73 J, 4, 6, 8, 9, 10, 11, lZ 14, 15, 19, 20 AND 22, ALDERBROOK COUNTRY LYUB, AS PER PLAT THEREOF RECORDED IN VOLUME 5 OF PLA73: PAGE 18, RECORDS OF MASON COUNTY, WASFIINGTON. 05 PARCEL 5 THE SOUTHERLY 50 FEET OF 7HE WESTERLY 90.17 FEET AND THAT PART OF THE EASTERLY 60 FEET OF TRACT 4 0ING SOU7HERLY OF ST47E ROU7E NO. 106, ALL 7N SUNNY BEACH, AS PER PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS; PAGE 34, RECORDS OF MASON COUNTY, WASHINGTON. TOGETHER W TH AN EASEMENT FOR ROADS, AS DESCRIBED UNDER AUDITORS FILE NO. 195672. © PARCEL 6 PARCEL 4 OF SHORT PLAT NO. 1664. RECORDED UNDER AUDITORS FILE NO. 485718, RECORDS OF MASON COUNTY, WASHINGTON, BEING A PORTION OF L07S 7, 8 AND 9, SUNNY BEACH, RECORDED IN VOLUME 2 OF PLATS, PACE J4. O PARCEL 7 7HOSE POR77OMS OF 77?ACTS 10 AND 11. LnNG SOUTH OF STATE ROUTE NO. 106, ALL IN SUNNY BEACH, AS PER PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS PAGE 34, RECORDS OF MASON COUNTY, WASHINGTON. 09 SEWER TREATMENT PLANT PARCEL 3 OF SHORT PLAT NO. 1664, RECORDED UNDER AUDITORS FILE NO.. 465718, RECORDS OF MASON COUNTY, WASHINGTON, BEING A POR77ON OF LOTS 7 8 AND 9 OF SUNNY BEACH, RECORDED IN VOLUME 2 OF PLA7S PAGE J4, ALDERAROOArPROPERTY PARCEL DESCRIPTIONS North Forty Lodging LLC 22526 S.E.64th Place,Suite 210 � Issaquah,Washington 98027 x Telephone:425 369 9290 Facsimile:425 369 9008 NORTH FORTY RECEIV--1i" MAY062K-4 r May 3, 2004 MCC - Rick Mraz Mason County Planning Department Mason County Building I 411 North 5th P.O. Box 279 Shelton, WA 98584 Re: Alderbrook Entry Sign Variance Dear Mr. Mraz: On April 29, we submitted a variance request for our proposed entry sign at the west entrance of Alderbrook Resort. Mason County requires a 10 foot setback from the highway right-of-way, which is located 30 feet from the center line of the existing roadway. At our west entrance, there is a large green PUD utility box on top of a concrete pad located 5 feet outside of the existing right-of-way. We would like to place our entrance sign on top of the existing concrete pad for the following reasons: (1) the sign would screen the large utility box; and (2) the sign would offer greater visibility and convenience to visitors to Mason County. The entrance sign has been specially designed on a hinge so that Mason PUD would have easy access to their utility box. For our request for a variance, we would like to address the four findings required for approval of a variance: A. "That there are special circumstances applicable to the subject property such as shape, topography, location or surroundings, which circumstances do not apply generally to other properties in the same development area." • There is an existing concrete pad for the utility box. Placing our sign on top of the existing concrete pad would allow us to not only screen the utility b ox but minimize any disturbance of the surrounding area for a new sign footing. Given the topography of the site, an entry sign located 10 feet outside of the right-of- way would have less visibility to guests looking for the west resort entrance. The entry sign would be located below the existing highway if it were 10 feet outside of the right-of-way. Rick Mraz Mason County Planning Department Letter Re: Alderbrook Entry Sign Variance May 3, 2004 Page 2 B. "That variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity, but because of special circumstances is denied to the property in question." • Alderbrook is one of the few commercial uses in the vicinity. The nearby Robinhood Village, which has guest cottages and RV spaces, has a well located elevated entry sign. Prior to the closure of Alderbrook, we also had a large elevated sign along the roadway. Good signage is important to a hospitality use. Our sign would only be 4 feet 3 inches high, on top of the existing 6 inch concrete pad. The utility box, located behind the proposed sign, is approximately 4 feet high. C. "That the granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity in which the subject property is located." • Due to the existing concrete pad and utility vault, our proposed sign would improve the access to the resort through a well signed secondary entrance. The roadway, which is identified by the State of Washington as a scenic highway, would actually be improved in that we would hide the utility vault as well as provide tourists to Mason County with well-placed signage for better access. Since there are no residential properties located in close proximity to our entrance, it would not impact our neighboring property owner to the west. In fact, we would minimize the disturbance to the neighboring property by not constructing a new concrete footing for this sign 5 feet farther to the north. D. "That granting the variance is in substantial harmony with the Comprehensive Plan." • The land use for the "Rural Tourist" designation calls for "Short term visitor accommodations with resort facilities and amenities". We are establishing a new destination resort for Mason County. Resort signage is a critical element to our success. In addition to screening the utility box, we will be completing some additional plantings around the proposed sign location. Rick Mraz Mason County Planning Department Letter Re: Alderbrook Entry Sign Variance May 3, 2004 Page 3 Considering existing conditions, screening of the green utility box, reduced impact to the site, and better signage for visitors to Mason County, we believe will meet Mason County's requirements for a variance. We ask that you approve our variance#DDR2004-00070. Very truly yours, Brian P. McGinnis President Attachments Site Plan and Elevation fee. W SMAS G IV 22 I i 1 , �"BUMAU 1DT I" / t �D ZZ I � t I A p�Af. Existing PUD Electrical Panel with pad.Proposed . .. �.� sign cover located at T-0"from R.O.W. \ t -- - - - - - - - - - - — - -- -- -- - SR 106 / 1 _ _ _ - ,— -------------- I t r—w— ICE i I D I R B R 0 0 K SECONDARY ENTRY SIGN ICJ 0 T I V 1/2"= 10'-0" SIGN TYPE M 1/4"thick wat0t aluminum letters with clear anodized finish. Stud mounted to panels with studs, 1/4"spacers and rutted from behind. 6'-O" s ^ -- - - - - - - - - - - - - - - - - — — — � II Ir-- - - - - - - - - - - - - - - — - - - r II II �� it I Q O 9-1/2" � 2 �2' n I 3" I 2 4'-3" PUD Panel I I I I I i I Door is7' I Base plate with locking ho: ve grade— I I I I galvanized gate lock. II — - - — — — -- — — — — — — — — — — — k - - - - � II PUb will attach lockout —t� . .:•: ,. — -��—� - �— — tabs for removability —I t o 6" SecondarU EntrU Sign. \— 48"x 72"concrete pad for PUb electrical panel Fabricated aluminum face assembly with face ELEMENTS: SIGN TYPE M left and right edges, and top. Internal 3" x 3"galvanized post with Internal post Cut Out anodized Aluminum Letters for hinging.Welded to continous base channel.To be bolted to Sign painted to match Rust Texture existing slab with 5 ea. 1/2"x 3-1/2"HIM kwik bolts. Cover to be welded aluminum. A I D f R B R 0 0 K D 0 T Y SECONDARY ENTRY SIGN 3/4"=I'-0 SIGN TYPE M Notice of application for Variance from the Mason County Development Regulations and Notice of Public Hearing Notice is hereby given that North Forty Lodging LLC,who is the applicant for the following proposal,has filed an application for a variance from the Mason County Development Regulations. Date of Application: April 29,2004. Completeness was determined on May 14,2004. A decision on this application will be made within 120 days of the date of the determination of completeness. Site address and Project Location: 7101 E. State Route 106,Union. Parcel#32233- 50-00014. The request is for a Variance from the Lot Requirements in a Rural Tourist(RT) Zoning District, specifically to allow a sign to encroach into the required 30' right- of-way setback for State Route 106. The proposal is requesting a 5' setback from the right-of-way. The proposed development is reviewed as a Variance under the Mason County Development Regulations, Section 1.04.223. C. and Section 1.05.030 and relevant subsections. The proposal requires approval by the Mason County Hearing Examiner. The public comment period ends June 3, 2004. A PUBLIC HEARING will be held by the Mason Hearing Examiner on the proposed project on Tuesday,22,2004 at 1:00 p.m. in the County Commissioners Chambers,Bldg. I, 411 N. 5tn Street, Shelton,WA. Please contact Rick Mraz of the Mason County Department of Community Development at(360)427-9670, ext. 577, with any questions on this development and variance. a 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Richard Sepler, Hearing Examiner 3 RE: North Forty Lodging LLC FINDINGS OF FACT, CONCLUSIONS 4 DBA Alderbrook Resort OF LAW AND DECISION. 5 Variance DDR2004-00070 6 7 INTRODUCTION 8 This application is a request for a variance from the Lot Requirements in a Rural Tourist(RT)Zoning District, specifically to allow a sign to encroach into the required 9 30' right-of-way setback for State Route 106. The proposal is requesting a 5' setback 10 from the right-of-way. The Examiner approves the requested variance. 11 ORAL TESTIMONY 12 Staff Testimony: Rick Mraz entered the staff report. 13 Public Testimony: Brian McGinnis, President of North Forty Lodging LLC, testified 14 in support of the application. Mr. McGinnis stated that the proposed sign was to be located on a pre-existing utility box. Mr. McGinnis stated that the Public Utility 15 District (PUD) had approved use of the box for signage. The purpose of the sign would be to screen the utility box and provide information for visitors. Mr. McGinnis 16 stated that the estate manager of the adjacent property had been contacted and 17 strongly supported the application. Mr. McGinnis submitted photographs of the proposed sign location (Exhibit 5). 18 19 EXHIBITS 20 Exhibit 1: Staff Report dated June 22, 2004. 21 Exhibit 2: Application for Variance dated April 29, 2004. 22 Exhibit 3: Applicants statement with site plan and sign sketch dated May 3, 23 2004. 24 Exhibit 4: Notice of Application dated April 29, 2004. 25 Exhibit 5: Photographs of proposed sign location dated June 22, 2004. North Forty Lodging Variance P. 1 Findings, Conclusions and Decision 1 FINDINGS OF FACT 2 Procedural: 3 1. Hearing. The Hearing Examiner conducted a hearing on the application on 4 June 22, 2004, at 1:00 PM in the Mason County Board of Commissioners Meeting Chambers. 5 Substantive: 6 7 2. Proposal Description. The proposal is to erect a 4' 9" tall by 6' wide sign 5' from the right-of-way of State Route 106. The Mason County Development Regulations allow signs no closer than 30' from the right-of-way. A ' 8variance of 25 is requested. The proposed sign is to be located, upon approval of the requested 9 variance, on a pre-existing PUD utility box. The sign will be hinged to allow the PUD access to the box. 10 11 3. Site Description. The site and general area is the Alderbrook Inn and associated facilities as described in the permit application (See Exhibit 3). 12 4. Characteristics of the area. The general area is the Union Rural Activity 13 Center. Nearby commercial uses include the Robin Hood Restaurant, the Union Grocery store, Union Bay camping, and the Union Post Office. Residential 14 development abuts the eastern and western property boundaries. 15 5 Other Permits and/or Approvals. The proposal is SEPA exempt per the 16 Mason County Environmental Policy Ordinance No. 125-98, Section 4.2, Flexible Thresholds for Categorical Exemptions, 1(c). The proposal will require a Mason 17 County Building Permit. 18 CONCLUSIONS OF LAW 19 20 Procedural: 24 1. Authority of Hearing Examiner. MCC 15.03.050(I) provides the Examiner 22 with the authority to review and act upon variance applications. 23 Substantive: 24 2. Comprehensive Plan and Zoning Designation. The Mason County Comprehensive Plan designation for the site is Rural. The parcel is zoned Rural 25 Tourist. North Forty Lodging Variance p. 2 Findings, Conclusions and Decision 1 3. Review Criteria and Application. A variance can acquired if the applicant 2 meets the review criteria of MCC 1.05.035, which states that no variance shall be granted unless the granting authority makes a positive determination regarding each 3 of the following factors: 4 The variance review criteria are listed below applicable conclusions of law: 5 MCC 1.05.035(A): That there are special circumstances applicable to the subject 6 property such as shape, topography, location or surroundings, which circumstances do not apply generally to other properties in the same Development Area; 7 4. The Public Utility District (PUD) box is unique in its location and 8 aesthetic effect on this portion of the property. The utility easement is not regulated by the Mason County Development Regulations as setbacks and utility structures are 9 exempt from the setback requirements. The sign would be positioned to screen the 10 box. Other nearby Rural Tourist uses such as the Robin Hood village have no such structures that create aesthetic impacts. In addition the parcel slopes downward away 11 from the road and placement of the sign at the required setback distance would position the sign below the roadway limiting both the visibility and usefulness of the 12 sign. Special circumstances exist associated with the location of the pre-existing utility box and the topographic characteristic of the site. Therefore, this criterion is 13 satisfied. 14 MCC 1.05.035(B): That the variance is necessary for the preservation and 15 enjoyment of a substantial property right possessed by other property in the same 16 vicinity, but because of special circumstances is denied to the property in question; 17 5. No other signs in the vicinity have been identified that are located more than 30' from the right-of-way. Signs by their very nature and purpose are best 18 located near enough to a travel corridor to be visible. Robin Hood Village has signs at less than 30' from the right-of-way as do Union Bay cabins (<10'), the Union garage 19 (<5'), and the Union Country store (+/-20'). The location of the proposed sign on the PUD box will be similar in its distance from the road as found on other signs in the 20 general vicinity. The granting of the variance would therefore allow the applicant to 21 enjoy a similar right as provided to other neighboring properties, satisfying this criterion. 22 23 24 25 North Forty Lodging Variance p. 3 Findings, Conclusions and Decision MCC 1.05.035(C): That the granting of the variance will not be materially I detrimental to the public welfare, or injurious to the property or improvements in the 2 vicinity in which the subject property is located; and 3 6. No detrimental aspects to the proposal have been identified by staff, agencies or the public through testimony. The Washington State Department of 4 Transportation has stated that there are no objections to the placement of the sign 5' from the right-of-way. The sign will not create any view impediments or traffic 5 safety issues. Public welfare is not compromised by the placement of the sign at this 6 location. It will not be obtrusive in its proposed location, but will simply be visible to motorists. Therefore, this criterion is satisfied. 7 MCC 1.05.035(D): That the granting of the variance is in substantial harmony with 8 the Comprehensive Plan. 9 7. Mason County Comprehensive Plan Policy RU 218 states that the County 10 shall permit recreational/tourist uses that meet the following criteria: 11 uses are compatible with rural character of adjacent lands: uses provide landscape buffers and physical setbacks from major transportation corridors, ensuring visual 12 compatibility with surrounding rural areas; uses ensure the protection of critical areas, surface and ground water resources; uses ensure protection from conflicts 13 with resource lands of long standing significance; uses preserve the character of the 14 existing natural neighborhoods. 15 The sign will be of minimal size and sufficient setback to avoid difficulties with transportation issues. The sign will provide information to the public while screening 16 utility infrastructure. The granting of the variance would be in substantial harmony 17 with the Comprehensive Plan. Therefore, this criterion is met. 18 DECISION 19 Based on the testimony at the public hearing, documents and exhibits submitted into 20 the record, the Hearing Examiner approves the application for Variance. 21 s� 22 Dated thi day of f , 2004. 23 24 Richard epler 25 Mason County Hearing Examiner North Forty Lodging Variance p. 4 Findings, Conclusions and Decision Index Date Description 1 June 22, 2004 Staff Report 2 Aril 29, 2004 Application for variance 3 May 3, 2004 Applicant's statement w/ site plan and si n sketch 4 April 29, 2004 Notice of application 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts, Hearing Examiner 3 RE: North Forty Lodging FINDINGS OF FACT, CONCLUSIONS 4 OF LAW AND FINAL DECISION. 5 MCC 15.09.057 Variance 6 INTRODUCTION 7 The applicant has applied for a variance from a 30-foot right-of-way setback from 8 SR 106 in order to construct a sign 5 feet from SR 106. The Examiner approves the variance. 9 10 ORAL TESTIMONY 11 See transcript. 12 EXHIBITS 13 See "Index for Alderbrook Development Regulations Variance; Case 4DDR2004- 14 00214", submitted by staff at the January 11, 2005 hearing.. 15 16 FINDINGS OF FACT 17 Procedural: 18 1. Applicant. The applicant is North Forty Lodging. 19 2 Hearing. The Hearing Examiner conducted a hearing on the application 20 on January 11, 2005 in the Mason County Board of Commissioners meeting room. 21 Substantive: 22 3. Site/Proposal Description. The site and general area is the Alderbrook Inn 23 and associated facilities as described in the permit applications. The applicants propose to construct a 4-foot 6-inch tall by 6-foot wide sign 5 feet from the right-of- 24 way of SR 106. 25 4. Characteristics of the Area. The general area is the Union Rural Activity Center. Nearby commercial uses include the Robin Hood Restaurant, the Union North Forty Lodging Variance P. 1 Findings, Conclusions and Decision {PA0591706.DOC;1/13009.900000/) Grocery Store and Union Bay Camping, and the Union Post Office. Residential I development abuts the eastern and western property boundaries. 2 5. Adverse Impacts. None. Mason County staff have reviewed the proposed 3 sign for safety and have found the sign as proposed to be safe and to not obstruct traffic visibility or unsafely distract drivers. 4 5 CONCLUSIONS OF LAW 6 Procedural: 7 1. Authority of Hearing Examiner. MCC 15.03.050(I) provides the Examiner 8 with the authority to review and act upon variance applications. 9 Substantive: 10 2. Zoning Designation. The zoning designation for the property is Rural Tourist. 11 12 3. Review Criteria and Application. MCC 1.04.603 imposes a 30-foot setback for all structures from public right-of-way. The applicants propose to build 13 their sign within five feet of the right-of-way. MCC 15.09.057 governs the variance criteria for deviation from the standards imposed by Chapter 1.04 of the Mason 14 County Code. Those review standards are laid out below with applicable conclusions of law. 15 16 MCC 15.09.057(1): The strict application of the bulk, dimensional or performance standards precludes or significantly interferes with the reasonable use of the property 17 not otherwise prohibited by county regulations. 18 4. The sign in a location where it is functional and unobtrusive is a 19 significant necessary component of almost any commercial enterprise that is attempting to solicit business. If the sign were placed more than 30 feet from the 20 roadway as required by MCC 1.04.603, a steep 30-foot slope would obscure the sign from the road. Given these circumstances and the fact that the sign would pose no 21 safety problems, strict application of MCC 1.04.603 would interfere with the reasonable use of the property. 22 23 MCC 15.09.057(2): The hardship which serves as the basis for the granting of the 24 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 in the 25 application of the County Regulations, and not,for example,from deed restrictions or the applicant's own action. North Forty Lodging Variance p. 2 Findings, Conclusions and Decision I PA0591706.DOC;1/13009.900000/) 5. As noted previously, a steep slope on the property would obscure view of the sign. Consequently, the need for the variance is related to the unique conditions of the property(the steep slopes)as opposed to any of the applicants' own actions. MCC 15.09.057(3): The design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent 4 properties or the environment. 6. Staff has not been able to identify any other signs in the vicinity that are 6 located more than 30 feet from the right-of-way. There are no critical areas issues associated with the location of the sign. There are no safety issues associated with the 7 sign and there is no evidence that adverses aesthetics impacts. For these reasons, design of the project is compatible with other permitted activities in the area. x MCC 15.09.057(4): The variance authorized does not constitute or grant special 9 privilege not enjoyed by the other properties in the area, and will be the minimum 10 necessary to afford relief. 11 7• Staff has not been able to identify any other signs in the vicinity that are located more than 30 feet from the right-of-way. Signs by their very nature and 12 purpose are best located near enough to a travel corridor to be visible. Robin Hood Village has signs at less than 30 feet from the right-of-way as do Union Bay Cabins 13 (less than 20 feet), the Union Garage (less than 5 feet), and the Union Country Store 14 (±20 feet). 15 MCC 15.09.057(5): The public interest will suffer no substantial detrimental effect. 10 8. Staff did not identify any detrimental aspects of the proposal. The 17 Washington State Department of Transportation has stated that there are no objections to the placement of the sign 5 feet from the right-of-way. The sign will not 18 create any view impediments or traffic safety issues. Public welfare is not compromised by the placement of the sign at this location. It will not be obtrusive in I<) its proposed location,but will simply be visible to motorists. 20 MCC 15.09.057(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 22 County ordinances, and with the Growth Management Act. Mirror loss in value only shall not justify a variance. 23 9. The sign in a location where it is functional and unobtrusive is a 24 significant necessary component of almost any commercial enterprise that is 25 attempting to solicit business. The Mason County Comprehensive Plan policy RU218 states that the County shall permit recreational/tourist uses that meet the following criteria: Uses are compatible with rural character of adjacent lands; uses North Forty Lodging Variance p. 3 Findings, Conclusions and Decision {PA0591706.DOC;1/13 009.900000/} provide landscape buffers and physical setbacks for major transportation corridors, 1 ensuring visual compatibility with surrounding rural areas; uses ensure the protection 2 of critical areas, service and groundwater resources; uses ensure protection from conflicts with resource lands of longstanding significance; uses reserve the character g g g � p 3 of the existing natural neighborhoods. The sign will be of minimal size and sufficient setback to avoid difficulties with transportation issues. 4 DECISION 5 6 The Hearing Examiner approves the requested variance for the sign as proposed. 7 Dated this —day of January, 2005. 8 it Olbrechts 10 Mason County Hearing Examiner 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Forty Lodging Variance p. 4 Findings, Conclusions and Decision {PA0591706.DOC;1/13009.900000/1 R IV , 01 2004 MASON COUNTY MCCD - pL=ANNING DEPARTMENT OF COMMUNITY DEVELOPM 411 N. 5th Street/ P.O. Box 279, Shelton, WA 98584 Variance from Standards As stated in Mason County Code Title 15, Section 15.09.057. VARIANCE CRITERIA, variances from the bulk and dimension requirements of the Resource Ordinance or the Development Regulations(zoning regulations)may be allowed as follows. The County must document with written findings compliance or noncompliance with the variance criteria. The burden is on the applicant to prove that each of the following criteria is met. Application for a variance does not guarantee approval. A variance is an application for a special "exception to the rule". The proposal must undergo public review and must meet the specific variance criteria listed below. N�� 4 ti��►-�� L�dVi9 LI_C. Applicant name drd-b _ orb Can Telephone#CqZ15).S&9—g7-90 Mailing address �5'2-4p (.tlk 1iQZ7 Site address "7Io( asf-5- -Rou�-1 I�(D 1 h'.on , WA °If6j7— Tax Parcel# 3 2Z3 3 50 0 oc)I'� Legal Description See- MAAckeA- Type of Variance Requested: Mason County Resource Ordinance Mason County Development Regulations Subdivisions and Plats On a separate piece of paper, please state your reasons for requesting a variance. In your responses,be sure to address all criteria. Your request will be evaluated based on these criteria. 1. Describe the specific modification from the terms of the Chapter required. 2. Describe the reasons for the variance. 3. No variance shall be granted unless the County makes findings of fact showing that certain circumstances exist. Please address each of the following standards and how the proposal pertains to these circumstances. a. 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; I:\PLANNING\Charell and Renee PAC\Mason County Variance app..doc b. 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 County regulations, and not, for example, from deed restrictions or the applicant's own actions; c. 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; d. 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; e. That the public interest will suffer no substantial detrimental effect; f. 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. /19 7u Jo y' Signature _ Date ` I 9:-r Development Regulations Variance: $920.00 - Hearings Examiner: $350.00 Subdivision and Plats Variance: $920.00 - Hearings Examiner: $350.00 Resource Ordinance Variance: $1,225.00 - Hearings Examiner: $350.00 Applicant will also be billed for all advertising costs. I:\PLANNING\Charell and Renee PAC\Mason County Variance app..doc RECEIVED MASON COUNTY 9 2004 DEPARTMENT OF COMMUNITY DEVELOPM12 426 W. CEDAR ST. APPLICATION FOR VARIANCE TO DEVELOPMENT REGULATIONS The purpose of this application is to provide a means of altering the requirements of the Mason County Development Regulations (Ordinance # 82-96) in specific instances where the strict application of these regulations would deprive a property of privileges enjoyed by other properties which are similarly situated, due to special features or constraints unique to the property involved. No variance shall be granted to permit the establishment of a use otherwise prohibited within the development area in which the property of concerned is located, except as provided in Mason County Code 1.05.036(B). Applications for such variances shall not be accepted for processing or review., to L C ovtlt �-or"� Applicant name 1)8 AZe4,,,b vok AS-a,- Telephone# U 367— qJ?0 Mailing address Site address p Tax Parcel# 33S0oc> 01 - - Legal Description On a separate piece of paper please state your reason(s) for seeking a variance. Describe any special circumstances applicable to the subject property such as shape, topography, location or surroundings, which do not generally apply to other properties in the same development area. Explain why a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity, but because of special circumstances is denied to the parcel in question. Please note that when reviewing your application the Hearings Examiner will need to determine that a variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity in which the subject property is located; and that the variance request is or is not in substantial harmony with the Comprehensive Plan. Applicant signature(s) "d Development Regulations Variance: $ 6M 9;LO.o o Hearings Examiner: W"O 390.00 Applicant will also be billed for all advertising costs. Acceptance of this application,by Mason County,does not guarantee approval. 1:\PLANNING\C&RPAC\DEV-REGS.VAR REVISED: 03-06-03 ' MASON COUNTY DEVELOPMENT REGULATIONS July_003 Publication cost is the responsibility of the applicant. Final permit processing will not occur until advertising fees have been paid to the newspaper by the applicant. The Shelton-Mason County Journal will bill the applicant directly. I /WE understand that I /WE must sign and date the attached acknowledgment indicating and that I / WE understand that is MY / OUR responsibility. I /WE must submit the signed page as part of application in order for it to be considered as complete. DATE �� ��,, .6h j-�✓�y Laral��y� L�� OWNER i7 ah ivl Gi h h APPLICANT 10/21/2004 11:19 FAX 360 427 7798 MASON CO PERMIT CTR Q 001 DDP,',zovq- ova/9 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION FOR VARIANCE TO DEVELOPMENT REGULATIONS The purpose of this application is to provide a means of altering the requirements of the Mason County Development Regulations (Ordinance # 82-96) in specific instances where the strict application of these regulations would deprive a property of privileges enjoye4 by other properties which are similarly situated, due to special features or constraints unique to the property involved_ No variance shall be granted to permit the establishment of a us;e otherwise prohibited within the development area in which the property of concerned is located, except as provided in Mason County Code 1.05.036(B). Applications for such variances shall not be accepted for processing or re ew. Applicant name bl(k / 1JOr-6nnnL��- LA Telephone# Mailing address �2�5ZC� S� L�4��PIa�e Sc���,° zro �ssy4uaL� C��4- 9gOZ7 Site address -7101 'L• S-4-yk-R1 ouW, 10(, 1.1 1,10y), Lk f hP 91 92- Tax Parcel# � Zz3350oocUl� Legal Description. ee a-�4�cl��l On a separate piece of paper please state your reason(s) for seeking a variance_ Describe any special circumstances applicable to the subject property such as shape, topography, location or surroundings, which do not generally apply to other properties in the same development area. Explain why a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity, but because of special circumstances is denied to the parcel in question. Please note that when reviewing your application the Hearings Examiner will need to determine that a variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity in which the subject property is located; and that the variance request is or is not in substantial harmony with the Comprehensive Plan. -- Applicant signature(s) �— E r'ian'71 - YYM�C—�innis_ Development Regulations Variance: $920.00 Hearings Examiner: $350.00 Applicant will also be billed for all advertising costs. Acceptance of this application,by Mason County,does not guarantee approval. I:\PLANNING1C&RPACNDEV-BEGS VAR LSED: 12-30-03 i � 1 FOR VARIANCE REQUEST Publication cost is the responsibility of the applicant. Final permit processing will not occur until advertising fees have been paid to the newspaper by the applicant. The Shelton-Mason County Journal will bill the applicant directly. I/ WE understand that I/ WE must sign and date the attached acknowledgment indicating and that I/WE understand that is MY/OUR responsibility. I/WE must submit the signed page as part of application in order for it to be considered as complete. DATE OWNER APPLICANT I:\PLANNING\Charell and Renee PAC\Mason County Variance app..doc l 1 North Forty Lodging LLC 22526 S.E.64th Place,Suite 210 Issaquah,Washington 98027 Telephone:425 369 9290 Facsimile:425 369 9008 �^ RECEII: NORTH �,� FORTY 4 MAY nV 5 2C.4 May 3, 2004 MM71 — 1:>;__Aft`,a- Rick Mraz Mason County Planning Department Mason County Building I 411 North 5th P.U. Box 279 Shelton, WA 98584 Re: Alderbrook Entry Sign Variance Dear Mr. Mraz: On April 29, we submitted a variance request for our proposed entry sign at the west entrance of Alderbrook Resort. Mason County requires a 10 foot setback from the highway right-of-way, which is located 30 feet from the center line of the existing roadway. At our west entrance, there is a large green PUD utility box on top of a concrete pad located 5 feet outside of the existing right-of-way. We would like to place our entrance sign on top of the existing concrete pad for the following reasons: (1) the sign would screen the large utility box; and (2) the sign would offer greater visibility and convenience to visitors to Mason County. The entrance sign has been specially designed on a hinge so that Mason PUD would have easy access to their utility box. For our request for a variance, we would like to address the four findings required for approval of a variance: A. "That there are special circumstances applicable to the subject property such as shape, topography, location or surroundings, which circumstances do not apply generally to other properties in the same development area." • There is an existing concrete pad for the utility box. Placing our sign on top of the existing concrete pad would allow us to not only screen the utility box but minimize any disturbance of the surrounding area for a new sign footing. Given the topography of the site, an entry sign located 10 feet outside of the right-of- way would have less visibility to guests looking for the west resort entrance. The entry sign would be located below the existing highway if it were 10 feet outside of the right-of-way. Rick Mraz Mason County Planning Department Letter Re: Alderbrook Entry Sign Variance May 3, 2004 Page 2 B. "That variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity, but because of special circumstances is denied to the property in question." • Alderbrook is one of the few commercial uses in the vicinity. The nearby Robinhood Village, which has guest cottages and RV spaces, has a well located elevated entry sign. Prior to the closure of Alderbrook, we also had a large elevated sign along the roadway. Good signage is important to a hospitality use. Our sign would only be 4 feet 3 inches high, on top of the existing 6 inch concrete pad. The utility box, located behind the proposed sign, is approximately 4 feet high. C. "That the granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity in which the subject property is located." • Due to the existing concrete pad and utility vault, our proposed sign would improve the access to the resort through a well signed secondary entrance. The roadway, which is identified by the State of Washington as a scenic highway, would actually be improved in that we would hide the utility vault as well as provide tourists to Mason County with well-placed signage for better access. Since there are no residential properties located in close proximity to our entrance, it would not impact our neighboring property owner to the west. In fact, we would minimize the disturbance to the neighboring property by not constructing a new concrete footing for this sign 5 feet farther to the north. D. "That granting the variance is in substantial harmony with the Comprehensive Plan." • The land use for the "Rural Tourist" designation calls for "Short term visitor accommodations with resort facilities and amenities". We are establishing a new destination resort for Mason County. Resort signage is a critical element to our success. In addition to screening the utility box, we will be completing some additional plantings around the proposed sign location. Rick Mraz Mason County Planning Department Letter Re: Alderbrook Entry Sign Variance May 3, 2004 Page 3 Considering existing conditions, screening of the green utility box, reduced impact to the site, and better signage for visitors to Mason County, we believe will meet Mason County's requirements for a variance. We ask that you approve our variance#DDR2004-00070. Very truly yours, I Brian P. McGinnis President Attachments Site Plan and Elevation 10/21/2004 11:19 FAX 360 427 7798 MASON CO PERMIT CTR 9 003 MASON COUNTY DEVELOPMENT REGULATIONS rely 2003 LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR CONDITIONAL USE AND VARIANCE Addresses are to be obtained from the Mason County Assessor's Office,Bldg. 1, Second Floor. l- 0.c(Q Y c5S 3355 •LaurelhurstDr. Nt_ M , ai1CP_S Se0.�1'1e,,w 98105-533� i CT� s. rn�conkeY � "�. 0.3�X 339 -7r'uSt- r--+r+l� Un'10n, LUG 9459Z C s;bphe-rm . Giddress Cur I e-+h `t-f u st qZ5 -Fours Avcnac, (1Ae-knda.C-)a+cS) SU-4e- 2-900 lj 9F1o4-IIS,w IJor�}-bt�or�-fi-�'ans� 'pn dress: ng5 L LC �2-2-52-(o SE: 1PO—"Place_ ui+ 2a 0 SSar�ucLy�,t L1 9�02� I MASON COUNTY DEVELOPMENT REGULATIONS �n y27- w July 2003 LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR CONDITIONAL USE AND VARIANCE Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. �* ,� �afne�� Rides /acic r S f�e PC C°ti k y C S ca.,to�6' Tk rs4- 1 r 1.05.030 Variances 1.05.031 Purpose The purpose of this Section is to provide a means of altering the requirements of this Ordinance in specific instances where the strict application of these regulations would deprive a property of privileges enjoyed by other properties which are similarly situated,due to special features or constraints unique to the property involved. 1.05.032 Use Variances Prohibited No variance shall be granted to permit the establishment of a use otherwise prohibited within the development area in which the property concerned is located,except as provided in Section 1.05.018(B). Applications for such variances shall not be accepted for processing or review. 1.05.034 Granting of Variances Authorized A. The Board of County Commissioners shall have the authority to grant a variance from the provisions of this Ordinance when,in their opinion,the conditions set forth in Section 1.05.036 have been met. The Board shall have the authority to attach conditions to any such variance when, in their opinion, such conditions are necessary to protect the public health, safety or welfare,or to assure that the spirit of this Ordinance is maintained. B. The Administrator shall have the authority to grant a variance from the provisions of this Ordinance when the granting of such variance will result in a measurable deviation of ten(10%)percent or less from the provisions set forth in this Ordinance. In issuing such variance,the Administrator shall make a positive determination that the conditions set forth in Section 1.05.035 have been met. The Administrator shall have the authority to attach conditions to any such variance when,in his(her)opinion, such conditions are necessary to protect the public health,safety or welfare,or to assure that the spirit of this Ordinance is maintained. C. The Administrator may allow a reduction in the required front yard setback by administrative variance under the following circumstances: for existing lots of record as of March 5,2002,where physical attributes of the lot (such as steep slopes,wetlands,streams, soils; lot width at the front yard line of no more than 50 feet or lot size of no more than one-quarter acre; and existing improvements of buildings, septic systems,and well areas) preclude a proposed development from meeting the 25-foot front yard setback standard. The front yard setback shall be the minimum necessary to accommodate a reasonable development proposal,but not less than 10 feet distance from the property line or any easement boundary. The Administrator shall document in the property file the rationale for said administrative variance decision. D. The Administrator may allow a reduction in the required side yard setback by administrative variance under the following circumstances: for existing MASON COUNTY DEVELOPMENT REGULATIONS June 2003 1 lots of record as of March 5 2002 that are parcels designated as Rural P � Residential 2.5,Rural Residential 5,Rural Residential 10,or Rural Residential 20; and where physical attributes of the lot(such as steep slopes, streams,wetlands,and soils; lot width at the front yard line of no more than 50 feet or lot size of no more than one-half acre;and existing improvements of buildings, septic systems, and well areas)preclude a proposed development from meeting the 20-foot side yard setback standard. The variance to the side yard setback shall be the minimum necessary to accommodate a reasonable development proposal. This side yard setback shall not be less than 5 feet distance from the property line. The Administrator shall document in the property file the rationale for said administrative variance decision. 1.05.035 Findings Required for Approval of a Variance Before any variance is granted,the granting authority shall make a positive determination regarding each of the following factors: A. That there are special circumstances applicable to the subject property such as shape,topography, location or surroundings,which circumstances do not apply generally to other properties in the some Development Area; B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity,but because of special circumstances is denied to the property in question; C. That the granting of the variance will not be materially detrimental to the public welfare,or injurious to the property or improvements in the vicinity in which the subject property is located; and D. That the granting of the variance is in substantial harmony with the Comprehensive Plan. 1.05.036 Procedural Requirements for a Variance A. Application for a variance shall be made to the Department of Community Development, on forms furnished by the County. B. Any application for a variance shall include an application fee as established by the Board. C. Variance applications decided by the Board shall require a Public Hearing, as set forth in Section 1.05.050 of this Ordinance. \\CLUSTERI HOME SERVER\HOME\AHB\WORD\COMPLAN\side yard setback and variance standards.doc MASON COUNTY DEVELOPMENT REGULATIONS June 2003 ik - ( Typ ANWANI SW EDNG r` LAC4 I / i 8 r 1 -0 / \ I I I F Existing PUb Electrical Panel with pad.Proposed sign cover located at T-0"from R.O.W. _ I I I r ' A I D I R B R 0 0 K SEC0N0ARY ENTRY SIGN DOT Y 1/2„= I SIGN TYPE N 1/4"thick waterjet aluminum letters with clear anodized finish. Stud mounted to panels with studs, Opt) 1/4"spacers and nutted from behind. r 6'-0 w -- - - - - - - - - - - - - 1 I I — I o 0 0 o I I -1/2„ I ' I I 3" (4'-3" t � E5T �2' 2" ., PUD Panel , Door is7" I i I I Base plate with locking above grade i I galvanized gate lock. � ) - - - - - - - - - - - - - - - - - - PUD will attach lockout — — — — tabs for removability 6" 48"x 72"concrete pad for PUD electrical panel Secondarg Entru Sign. \— Fabricated aluminum face assembly with face SIGN TYPE M left and right edges, and top. ELEMENTS: Internal 3" x 3" galvanized post with internal post Cut Out anodized Aluminum Letters for hinging. Welded to continous base channel. To be bolted to Sign painted to match Rust Texture existing slab with 5 ea. 1/2" x 3-1/2" Hilti kwik bolts. Cover to be welded aluminum. A [ D f R B R 0 0 K D O v SECONDARY ENTRY SIGN i 3/4"=I'-0 SIGN TYPE M Notice of application for Variance from the Mason County Development Regulations and Notice of Public Hearing Notice is hereby given that North Forty Lodging LLC, who is the applicant for the following proposal, has filed an application for a variance from the Mason County Development Regulations. Date of Application: December 1, 2004. Completeness was determined on December 6, 2004. A decision on this application will be made within 120 days of the date of the determination of completeness. Site ad dress and Project Location: 7101 E. State Route 106, Union. Parcel#32233- 50-00014. The request is for a Variance from the Lot Requirements in a Rural Tourist(RT) Zoning District, specifically to allow a sign to encroach into the required 30' right- of-way setback for State Route 106. The proposal is requesting a 5' setback from the right-of-way. The proposed development is reviewed as a Variance under the Mason CountyDevelo Development Regulations,� Section 1.04.603.C. and Section 1.05.0 30 and relevant subsections and Mason County Title 15. The proposal requires approval by the Mason County Hearing Examiner. The public comment period ends December 23, 2004. A PUBLIC HEARING will be held by the Mason Hearing Examiner on the proposed project on Tuesday,January 11,2005 at 1:00 p.m. in the County Commissioners Chambers, Bldg. I,411 N. 51h Street, Shelton, WA. Please contact Rick Mraz of the Mason County Department of Community Development at(360) 427-9670, ext. 577, with any questions on this development and variance. MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT P.O.Box 279 Shelton,WA98584 X� 0 -y 1;� U S.PGSTAGE RECEIVES �� MAT22'04 ;% y�„ 1 y I 9 M1z 0 .3 0 _ MAY 2 3 2''7 2 --� I � MCCD - PLAN ININI.. i New Victoria c/o Charles Hammond Cornerstone Advisors Inc 777 108th Ave NE suite 2000 \ Bellevue WA 98004 DELIVERABLE AS !DDRESSED cn UNABLE TO FORWARD OD Via a Z{ ?II I`, 10 -St ND A b;y� vim. �,�� %V4a i�i�it)�lttti�lll!!t�!l�fl�f�itlifsli�lifil�l�lf�tlt�ll�tfi�I4�� l MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT P.O. Box279 _ v U.S.POS�A�'A Shelton,WA 98584 RECEIVED hu MAY 2 2'D/ ,ujcn _ «, �. �, MCC 0 .30 JUN 0 1 2004 'f�R/ 6%513 27 2 MCCD - PLANNING David Smith 17060 loth AVe NW Seattle WA 98177 SMIT060 981772015 1503 14 05/26/04 FORWARD TIME EXP RTN TO SEND 5MITH PO BOX 2633 FRIDAY HARBOR WA 98250-2633 RETURN TO SE NDER k''7C rhCt�C? ?1 a —7--7 ��fit111flFFFE�EiFtl'.?i?3��f???F{i?IIFF?�{?tF:�??:�iF�IF:?�z�� MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT `— P.O.Box 279 RECEIVE _ ��,� ,�; .-� -� o y , U.S.R�S E Shelton,WA 98584 A /, r_V 1; .��* JUf"1 Q "T - MAT22'31 /���i =_� 0 . 0 _. •��� � 53zz: MCCD - PLAN'` A wwr- Kevin Supply 21817 50"Ave S Spanaway WA 98387 :it.1F�F=H].i `':�i•'.•;ra.a'=:4 �.4U ; 06 v`'il�ti!<74 FORWARD TIME EXP RTN TO SEND 5UPPLE 1714 13&,TH 57REET CT 5 TACOMA WA 98444-110R RETURN TO SENDER ►�.... ...L� {{t{tt{n{n{t{t{tt{tt{u{{{nun{t{{nt{{t{u{ut{{t{tttt{t{{ APR. 29. 2004 10: 31AM COLLINSWOERMAN NO, 8440 P. 1 Post-it'Fax Note en 7671 �® page a►� ,- To Fro • CoJDapt. Co. Phone# 477 Phona F C Fax 0 The Shoreline Permlt Applieaclan Page 3 — � L1 �C'�Gx.h• PERMIT NO. ADJACENT PROPER Y OWNERS UST Addresses arc eo be obtalrled{101 the Mason Coaury Assessor's Office, aulldlug I, Second door. Kevin Supple 21$17 50e11 4"" S, Spanawsy, kA 98387-603 I1181ey B. Nordsrrem, S Chsrry Loop P.O, Box 24565 saettla, WA 98124-0565 John Nile Nordstrom 1617 6th Avenue Sssrtle, WA 96101-1742 Mchaul C, Tuohy Trat/;•10.11y Tuohy Radne 1 FuresC Glen Lane, Sw, Tacoma, WA 98G98-5306 2 " GarY A. 6 Pamela F. Hansol P,O. lox 526 Union, WA 98592-0576 Wlllxam V_6 Theresa ta, AU ama 15 Blue Horizon 1.auna NiguCl, CA 92677-r1'49 Rebekah Dalhy 21311 Marine Vlnv Drive SW Scaetle', WA 98166 Chmrlsa b v. .Iohneon (Li my Truar) 6921 E. SL'aLC ,Route 106 Union, WA 98592 Schafer P_0. Box 15 Bou, WA 98232-0015 ill S, 6 Maureen T. 0 S. Dslb Woodcock Y Ad. pion, WA 98592-9536 (Revised 1/95) l _ 1 APR, 29. 2004 10: 31AM COLLINSWOERMAN N0, 8440 P. 2 The Shoretioe Permlt Appllcarlon 1 PERMIT NO, Ab1ACHNT PROPERTY OWNERS LIST ?,i,U �r�,C G (`GLc� r�t�2/'4�.,• Addresses are ro be obcalned from the Mason C0,113ty Assessor's Office,Building 1, Second Floor. 8141"r Elizabeth Armintroi c p.0. Box 274 Union, WA 98592-0274 ------------ William 11, Gaces LIl P-0. pox 274 Union, WA 98592-0274 Jeffrey S. 6 f'acrlcla M. Ralkes 3355 E. Le�re1hurat Dr. it Semccla, WA 98105-5333 L. Pager, h. Whcac, M.P.O. Eat (Getty J, McConlcey) Box J39 IJn1on, WA 9i)592-0339 1'rr.t, uc al \/ David L. Smith 17060 1Oc11 Ave. NW Sestrl.e, WA 98177-1709 Don Jr. & Marilyn Gamble (David et al Smith) 4 Duncre*C Ave, Monterey, CA 93940-3470 FN4- r,.C. iaa Ave- N. WA 98103-0448 SallyBold Nord tramtrotc Dirr¢tars treetA 98101-L744 )A-id H. 6 Marilyn R, Aaldy Tru. ttlby Living Truac 00 Dalby Dr, endpoint, ID 83864_- 948 Chrisrophcr M. Carlerti, rat. 2365 Carillon place Kirkland, WA 980IJ-7353 (Revised 1/95) APR. 29. 2004 10: 31AM C0LLINSW0ERMAN"' N0, 8440—P. 3 s • : , The Shorcli❑e Permlt Appllcaclon Page 3 PERn121'NO, ADJAI.l:pl1 PP.OPERTy OWNURS LISP �Y Kliv�, �iGrl C(' �Jrc�'re k�.� ce addresses arc to be 0blalned from the Mason County Assessor's OHl ,HUlldwg I.Socond Floor, P�crlck C, & Cindy L. itc nenvocL 4U E- Dalhy Ad, Union, WA 9H592-9(11 i Joacph haroacu ' 60 E. DeJby Rd. Union, NA y85y,-9611 Mark L. 6 Pamela Sehlaude aff 1950 E. Island Laka Dr, alcon, WA ,98384-7829 1 aY MCAliiaeer & Borc Cei or 751 F. 3tece Rouce 106 pion, W4 98592-9619 New nlctorin c/o Charles Mrumnond Cornersrone Advisoer. lnc. 777 - 108t1l Ave NE, Sutea 2000 Hcllcvub, WA 98004-5119 The Church o1' t1,c hi�cipl s'of the Soll P.O. Box �i01 Clenoma, WA 98336-0401 Jean C. Brannon o. 3.70 016 lUghl,ands Pnrktaay acoms, WA 98406-2194 (Rov;scd 1195) I - VII. Other Permits. The proposal will require a Mason County Building Permit. Analysis. The proposal is to erect a 4' 9"tall by 6' wide sign 5' from the right-of- way of State Route 106. The project requires a variance per the Mason County Development Regulations, specifically Section 1.04.600, specifically 1.04.603, Lot Requirements. The Mason County Development Regulations for Rural Tourist zoning describes certain performance standards for signs but does do not specifically reference setbacks. The Lot Requirements section lists setbacks and the Front Yard setback is noted at 30'. Front yard is further defined and references the term structures, the definition of which is satisfied by a sign. Per Section 1.05.035 of the Mason County Development Regulations, the following findings shall be required for approval of a variance. Before any variance is granted, the granting authority shall make a positive determination regarding each of the following factors: A. That there are special circumstances applicable to the subject property such as shape, topography, location or surroundings, which circumstances do not apply generally to other properties in the same Development Area; B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity, but because of special circumstances is denied to the property in question; C. That the granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity in which the subject property is located; and D. That the granting of the variance is in substantial harmony with the Comprehensive Plan. Project Analysis: A. Staff identifies the Public Utility District (PUD) box as unique in its location and aesthetic effect on this portion of the property. The utility easement is not regulated by the Mason County Development Regulations setbacks and utility structures are exempt from the setback requirements. The sign would be positioned to screen the box. Other nearby Rural Tourist uses such as the Robin Hood village have no such structures that create aesthetic impacts. In addition the parcel slopes downward away from the road and placement of the sign at the required setback distance would position the sign below the roadway. B. Staff has not been able to identify any other signs in the vicinity that are located more than 30'from the right-of-way. Signs by their very nature and purpose are best located near enough to a travel corridor to be visible. Robin r r� g3,u. Cj O PARCEL 1 THOSE POR77ONS OF TRACTS 9, 10 AND 11 LYING NORTH OF STATE ROUTE NO. 106, ALL IN SUNNY BEACH, AS PER PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS PAGE 34, RECORDS OF MASON COUNTY, WASHING TON EXCEPT THAT PORTION LYING WITHIN THE PLAT OF ALDERBROOK COUNTRY CLUB, AS PER PLAT THEREOF RECORDED UNDER VOLUME 5 OF PLATS, RECORDS OF MASON COUNTY, WASHINGTON. TOGETHER WITH ALL TIDELANDS OF THE SECOND CLASS FORMERLY OWNED BY THE STATE OF WASHINGTON AS DEFINED BY CHAPTER 255 OF SESSION LAWS OF 1927, SITUATE IN FRONT OF, ADJACENT TO, OR ABUTTING UPON THE ABOVE DESCRIBED PROPERTY. O PARCEL 2 PARCEL NO. 1 OF SHORT PLA T NO 1664, RECORDED UNDER AUDITORS FILE NO. 465718, RECORDS OF MASON COUNTY, WASHINGTON, BEING A POR77ON OF LOTS 7 AND 8, SUNNY BEACH, RECORDED 1N VOLUME 1 OF PLATS PAGE 34. O PARCEL 3 PARCEL NO. 2 OF SHORT PLAT NO. 1664, RECORDED UNDER AUDITORS RLE NO. 465718, RECORDS OF MASON COUNTY, WASHINGTON, BEING A POR77ON OF LOTS 8 AND 9 SUNNY BEACH, RECORDED IN VOLUME 1 OF PLATS PAGE 34. ® PARCEL 4 TRACTS 3, 4, 6, 8, 9, 10, 11, 11, 14 15 19, 20 AND 22, ALDERBROOK COUNTRY CLUB, AS PER PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS PAGE 16,, RECORDS OF MASON COUNTY, WASHINGTON. OS PARCEL 5 THE SOUTHERLY 50 FEET OF THE WESTERLY 90.17 FEET AND THAT PART OF THE EASTERLY 60 FEET OF TRACT 4 LYING SOUTHERLY OF STATE ROUTE NO. 106, ALL IN SUNNY BEACH, AS PER PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS PAGE 34, RECORDS OF MASON COUNTY, WASHINGTON. TOGETHER W9TH AN EASEMENT FOR ROADS, AS DESCRIBED UNDER AUDITORS FLE NO. 195672, © PARCEL6 PARCEL 4 OF SHORT PLA T NO. 1664, RECORDED UNDER AUDITORS FILE NO. 465718, RECORDS OF MASON COUNTY, WASHINGTON, BEING A PORTION OF LOTS 7, 8 AND 9, SUNNY BEACH, RECORDED /N VOLUME 2 OF PLATS PAGE 34. O PAR 7 THOSE POR77ONS OF TRACTS 10 AND 11, LYING SOUTH OF STATE ROUTE NO. 106, ALL IN SUNNY BEACH, AS PER PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 34, RECORDS OF MASON COUNTY WASHINGTON. O SEWER TREATMENT PLANT PARCEL 3 OF SHORT PLAT NO. 1664, RECORDED UNDER AUDITORS FLE NO.. 465718, RECORDS OF MASON COUNTY, WASHINGTON, BEING A POR77ON OF LOTS 7, 8 AND 9 OF SUNNY BEACH, RECORDED IN VOLUME 1 OF PLA75 PAGE 34. ALDERBROOKPROPERTY PARCEL DESCRIPTIONS 005 TO Rj I ' n' 0 - - ` 8 rao Existing PUb Electrical Panel with pad.Proposed \ �.� sign cover located at 5'-0"from P.O.W. SR-1A6 r >AIDfRBR00K n ^^ SECONDARYNTRY SIGN D fie' T Y 1/2"= 10'-0" SIGN TYPE M 1/4"thick water)et aluminum letters with clear anodized finish. Stud mounted to panels with studs, 1/4"spacers and nutted from behind, i r 6'-0" III.- - - - - - - - - - - - - - - - - - - _ i � I I ; II R BD 9-1/2" o I I I 4'-3" I I I I E 5 .;�� 1 3 i I Z„ PUD Panel I I I 1 1 MAI * / IDI I I � Door is7" I I I I / 1 1 Base plate with locking abovegrade I I I I' I galvanized gate lock. - - — __ — — — — — — — - - - - - - - - I PUb will attach lockout I — or removability 1 tabs f bil — — y 't 6" 48"x 72" concrete pad for PUb electrical panel Secondary Entry Slgn \ `— Fabricated aluminum face assembly with face SIGN TYPE M left and right edges, and top. ELEMENTS: Internal 3" x 3"galvanized post with Internal post Cut Out anodized Aluminum Letters for hinging. Welded to continous base channel.To be bolted to Sign painted to match Rust Texture existing slab with 5 ea. 1/2"x 3-1/2"Hilti kwik bolts. Cover to be welded aluminum. A D I R B R 0 0 K SECONDARY ENTRY SIGN D 0 T Y 3/4"=1'-0 SIGN TYPE M MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Requested Variance for the "Alderbrook Golf&Yacht Club" sign 1. Describe the specific modification from the terms of the Chapter required. Mason County Code for the Rural Tourist zoning designation requires that signage must be located 30 feet from the outside of the highway right-of-way. In order for guests at Alderbrook Resort& Spa and guests of Alderbrook Golf and Yacht Club to see the directional signage for the access drive off of State Route 106, we would like to locate the sign 5 feet outside of the highway right-of-way. 2. Describe the reasons for the variance. The reason for the variance is that the sign for"Alderbrook Golf and Yacht Club"would have poor visibility if it was located 30 feet from the edge of highway right-of-way(or 60 feet from the center line of the highway). The topography of the parcel increases in height the farther south from the highway, thereby negatively impacting the sign's visibility. 3. Applicant Circumstances: a. 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 size and height of the sign at 6 feet above existing grade, meets with Mason County code. The purpose of the sign is to provide directions to the Alderbrook Golf Course and its surrounding residential community. Placing the sig n back 30 feet from the highway right-of-way(or 60 feet from the center line of the highway)would significantly reduce its visibility, thereby defeating its primary purpose. b. That the hardship which serves as a basis for 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 county regulations, and not, for example from deed restrictions or applicant's own actions. This request is based on providing good visibility of the sign for those who would benefit from it(i.e. resort guests, golf course users and those visiting the residents of the Alderbrook Golf&Yacht Club community). c. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent property owners or the environment. The design of the"Alderbrook Golf&Yacht Club" sign matches the two other entry signs for Alderbrook Resort & Spa,which is located across Highway 106 from this proposed sign. The applicant owns the property surrounding the subject sign so it will not 1 1/29/04 adversely effect our property. In addition, the subject location of the sign will not adversely effect the environment. s d. That the variance authorized does not constitute a grant of pecial privile eg not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief. The area surrounding Alderbrook Resort is characterized by tourist uses. The signs for Robin Hood Village (cabins and trailer hook-ups),Robinhood Restaurant,Union Bay Cabins, Union garage, Union Country Store and Union Tavern all have signage that does not meet this code requirement. Signs by their very nature and purpose are best located near enough to a travel corridor to be visible. Robin Hood Village has signs at less than 30' from the right-of-way as do Union Bay cabins (<10% the Union garage(<5'), and the Union Country store(+/-20'). e. That the public interest will suffer no substantial detrimental effect. The sign has been tastefully designed to blend in with the natural surroundings. Washington State Department of Transportation has stated that there are no objections to the placement of the sign 5' from the right-of-way. The sign will not create any view impediments or traffic safety issues. Public welfare is not compromised by the placement of the sign at this location. It will not be obtrusive in its proposed location,but will simply be visible to motorists. f. No variance shall be granted unless the owner otherwise lacks a reasonable use of the land. Mason County Comprehensive Plan policy RU 218 states that the County shall permit recreational/tourist uses that meet the following criteria: (1)uses are compatible with rural character of adjacent lands; (2)uses provide landscape buffers and physical setbacks from major transportation corridors, ensuring visual compatibility with surrounding rural areas; (3)uses ensure the protection of critical areas, surface and ground water resources; (4)uses ensure protection from conflicts with resource lands of long standing significance; and(5) uses preserve the character of the existing natural neighborhoods. The sign will be of minimal size and sufficient setback to avoid difficulties with transportation issues. 11/29/04 ~�1 PARCEL 1 IHOSE PLW770VS OF TRACTS 9, 10 AND 11 LYING NCR7H OF STATF ROUIF NO. 106 ALL LN SUNNY BEAC�4 AS PER PUT THEREOF RECORDED IN KKUAIE 1 OF PU7,; PACE J4 RE'OIARDS OF MASON COUNTY, WASHNCTON EXCEPT THAT PORTION LYING NlTHIM THE PLAT OF ALDENSROOK COUNTRY aUS, AS PER PLAT THEREOF RECORDED UNDER KXUME 5 OF PUTS RECORDS OF MASON COUNTY, WkWNCIDN. nXEn ER WTH ALL 77Da"DS Or THE SECOND CLASS FORMERLY OWED BY THE STATE OF WMWINGION AS DERNED BY CHAPTER 255 OF SES57ON LAWS Or 1927, 7IUA7E N R7CNT or ADJACENT To, OR ABUT7INC UPON THE Aso DESCRIBED PROPERTY. PARCEL Z PARCEL Na 1 CIS SNORT PUT NO.. 1664, RECORDED UNDER AUDITORS FILE NO 465718. RECORDS OF MASON COUNTY, WAS7INCTON. BENC A PORTION OF LOTS 7 AND 4 SUNNY BEAal,, RECORDED IN KXUA/E 2 OF PUTS PACE'J4. OO PARCEL 3 PARCEL NO.. 2 OF SNORT PUT NO. 1664. RECORDED UNDER AU0frGRS RLE NO. 465714 RECORDS OF IVA SON COUNTY, WASHINCTLN, "G A POR77ON OF L075 B AND 9, SUNNY BEAW,, RECORDED IN KXUkE 2 OF PUTS PACE J4. ® PARCEL 4 TRACTS 4 4 6, Lt 9, 10, 11, IZ 14, 15, 19, 20 AND 2Z ALDERBROOK COUNTRY CLUR,, AS PER PLAT THEREOF RECORDED IN KXUME 5 OF PU 7S PACE 18, RECORDS OF MASON COUNTY, WASNNGTM O PARCEL 5 7HE SOUThMY 50=Or THE WSTERLY 90.17 FFET AND THAT PART OF TH£EASTERLY 60 FEET OF TRACT 4 LYING SOUTHERLY OF STAIF ROUTE NO. 106, ALL OV SUNNY BEACH, AS PER PUT THEREOF RECORDED W WWWE 2 OF PU73� PAGE 34, RECORDS OF MASON COUNTY, WASHAVGTON TOGETHER WN7H AN EASEMENT FOR ROADS AS DESCRIBED UNDER AUDITORS FIE NO 195571. © ARCU ¢ PARCEL 4 OF SHORT PLAT N0. 1564. RECORDED UNDER AUDITORS RLE NO.. 4657IQ RECORDS OF MASON CYYlN7Y WASH/NGTON, BEING A PORTION OF LOTS 7, C AND 9, SUNNY REACH. RECORDED AY KXUME 2 OF PUTS PAGE J4. PARCEL 7 THOSE PCRMV!; X 7RAC75 !0 AND 11. L11NC SOUTY OF STATE ROUTE NO. 106, ALL N SUNNY BEACH,, AS PER PUT 7HEREOF RECORDED dV KXUME 1 or PUTS, PACE J4, RECORDS OF MASON COUNTY, WASMNCTON. 09 SEWER TREATMENT PLANT PARCEL J or 57NORT PUT N0. 1664, RECORDED UNAFR AUDITOIRS RLE NO 46571LL RECORDS OF MASON COUNTY, WASMNGTON, BE7NC A PORTION OF LOTS 7, 8 AND 9 Cr SUNNY BEA04 RECORDED RV KXLIME 1 OF PLATS, PACE 34. ALDEWROOffPROPERTY PARCEL DESCRIPTIONS I r pN.STATE MASON COUNTY o P� A c - DEPARTMENT OF COMMUNITY DEVELOPMENT 0 U Planning Division o Y 0P 0 Box 279, Shelton, WA 98584 (360)427-9670 1864 NOTIFICATION OF INCOMPLETE APPLICATION November 12, 2004 Parcel No.: 322335000014 Project Description: DEV. REGS VARIANCE TO PLACE SIGN 5 FEET FROM RIGHT OF WAY LINE. Dear Applicant: You have submitted a permit application (case no. DDR2004-00214) for proposed construction or development in the county. Upon review of your application, I have determined that the contents of the application are incomplete or do not provide enough detail for review. 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. 295 if you have questions. Sincerely daft� (vik' J Tammi Clark Land Use Planner Mason County Planning Department 11/12/2004 1 of 2 DDR2004-00214 i NOTIFICATION OF INCOMPLETE APPLICATION 11/12/2004 Case No.: DDR2004-00214 comments: Your application for a variance to the development regulations has been received by Planning Staff. A review of the materials submitted indicates that the application is lacking the required responses to the variance criteria. Enclosed is a copy of the Variance from Standards form. Please respond to criteria 1 through 3(f). You do not need to fill out the entire variance application, only the reasons for requesting the variance. Please send your completed responses back to: Mason Co. Community Development Attn: Rick Mraz PO Box 279 Shelton, WA 98584 11/12/2004 2 of 2 DDR2004-00214 10/21/2004 11:19 FAX 36.0 427 7798 MASON CO PERMIT CTR Q 004 1.05.030 Variances 1.05.031 Purpose The purpose of this Section is to provide a means of altering the requirements of i this Ordinance in specific instances where the strict application of these regulations would deprive a property of privileges enjoyed by other properties which are similarly situated,due to special features or constraints unique to the property involved. 1.05.032 Use Variances Prohibited No variance shall be granted to permit the establishment of a use otherwise prohibited within the development area in which the property concemed is located,except as provided in Section 1.05.018(B). Applications for such variances shall not be accepted for processing or review. 1.05.034 Granting of Variances Authorized A. The Board of County Commissioners shall have the authority to grant a ; variance from the provisions of this Ordinance when,in their opinion,the conditions set forth in Section 1.05.036 have been met. The Board shall have the authority to attach conditions to any such variance when, in their opinion,such conditions are necessary to protect the public health, safety or welfare,or to assure that the spirit of this Ordinance is maintained. B. The Administrator shall have the authority to grant a variance from the provisions of this Ordinance when the granting of such variance will result in a measurable deviation of ten(10%)percent or less from the provisions set forth in this Ordinance. In issuing such variance,the Administrator shall make a positive determination that the conditions set forth in Section 1.05.035 have been met. The Administrator shall have the authority to attach conditions to any such variance when,in his(her)opinion, such conditions are necessary to protect the public health,safety or welfare, or to assure that the spirit of this Ordinance is maintained. C. The Administrator may allow a reduction in the required front yard setback by administrative variance under the following circumstances: for existing lots of record as of March 5,2002,where physical attributes of the lot (such as steep slopes,wetlands,streams,soils; lot width at the front yard line of no more than 50 feet or lot size of no more than one-quarter acre; and existing improvements of buildings,septic systems,and well areas) preclude a proposed development from meeting the 25-foot front yard setback standard. The front yard setback shall be the minimum necessary to accommodate a reasonable development proposal,but not less than 10 feet distance from the property line or any easement boundary. The Administrator shall document in the property file the rationale for said administrative variance decision. D. The Administrator may allow a reduction in the required side yard setback by , administrative variance under the following circumstances: for existing MASON COUNTY DEVELOPMENT REGULATIONS June 2003 10/21/2004 11:20 FAX 360 427 7798 MASON CO PERMIT CTR 9 005 lots of record as of March 5,2002 that are parcels designated as Rural Residential 2.5,Rural Residential 5,Rural Residential 10,or Rural Residential 20;and where physical attributes of the lot(such as steep slopes,streams,wetlands,and soils; lot width at the front yard line of no more than 50 feet or lot size of no more than one-half acre;and existing, improvements of buildings,septic systems,and well areas)preclude a proposed development from meeting the 20-foot side yard setback standard. The variance to the side yard setback shall be the minimum necessary to accommodate a reasonable development proposal. This side yard setback shall not be less than 5 feet distance from the property linen The Administrator shall document in the property file the rationale for said administrative variance decision. 1.05.035 -Findings Required for Approval of a Variance Before any variance is granted,the granting authority shall make a positive determination regarding each of the following factors: A. That there are special circumstances applicable to the subject property such as shape,topography,location or surroundings,which circumstances do not apply generally to other properties in the same Development Area; B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity,but because of special circumstances is denied to the property in question; C. That the granting of the variance will not be materially detrimental to the public welfare,or injurious to the property or improvements in the vicinity in which the subject property is located;and D. That the granting of the variance is in substantial harmony with the Comprehensive Plan. 1.05.036 Procedural Requirements for a Variance A. Application for a variance shall be made to the Department of Community Development,on forms furnished by the County. B. Any application for a variance shall include an application fee as established by the Board. C. Variance applications decided by the Board shall require a Public Hearing,as set forth in Section 1.05.050 of this Ordinance. I \\CLUSTER]_HOMI�_SERVER\I-IOIV E; \WORD\COMPLAN\side yard setback and variance standards.doc MASON COUNTY DEVELOPMENT REGULATIONS June 2003 I 10/21/2004 11:19 FAX 360 427 7798 MASON CO PERMIT CTR Q 002 MASON COUNTY DEVELOPMENT REGULATIONS ]WY 2W3 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. ..L)6 Lo DATE OWNER APPLICANT I EXHIBIT 5 F �F 141 /Z F Notice of application for Variance from Affidavit of Publication the Mason County Development Regulations and Notice of Public Hearing Notice is hereby given that North Forty STATE OF WASHINGTON,Lodging LLC, who is the applicant for the SS. following proposal, has filed an application COUNTY OF MASON for a variance from the Mason County De- velopment Regulations. Date of Application: December 1, 2004. Completeness was determined or Decem- Julie G. Orme being first duly sworn ber 6, 2004. A decision on this a)plication will be made within 120 days of the date of on oath deposes and says that she is the 1 rk the determination of completeness. of THE SHELTON-MASON COUNTY JOURNAL,a weekly newspaper.That said news- Site address and Project Location: 7101 paper is a legal newspaper and it is now and has been for more than six months prior to the E. State Route 106, Union. Parcel #3223350-00014. date of the publication hereinafter referred to,published in the English language condnu- The request ously as a weekly newspaper in SHELTON,Mason County,Washington,and it is now q st is for a Variance from the Lot Requirements in a Rural Tourist (FIT) and during all of said time was printed in an office maintained at the aforesaid place of Zoning District, specifically to allow a sign to publication of said newspaper.That the said SHELTON-MASON COUNTY JOURNAL encroach into the required 3C' right-of-way was on the 9th day of August,1941,approved as a legal newspaper by the Superior Court 9 Y setback for State Route 106.The proposal of said Mason County. is requesting a 5' setback from the right-of- way. The proposed development is re- That the annexed is a true copy of a Notice Of Appl. For viewed as a Variance under the Mason County Development Regulations, Section Variance and Notice of Public Hearing 1.04.603.C. and Section 1.05.030 and relev- ant subsections and Mason County Title 15. North Forty Lodging LLC The proposal requires approval by the Mason County Hearing Examiner. as it was published in regular issues(and not in supplement form)of said The public comment period ends De- cember 23,2004, newspaper once each week for a period of One A PUBLIC HEARING will be held by the consecutive weeks,commencing on the Mason Hearing Examiner on the proposed project on Tuesday, January 11. 2005 at 9th day of December 20 04 ,and ending on the 1:00 p.m. in the County Commissioners Chambers, Bldg. I, 411 N. 5th Street, Shel- 9th day of December 20 04 both dates inclusive, ton, WA. Please contact Rick Mraz of the and that such newspaper was regularly distributed to its subscribers during all of the said Mason County Department of Community period.That the full amount of the fee charged for the Development at (360) 427-9670, ext. 577, with any questions on this development and variance. foregoing publication is the sum of$ 41. 25 12/9 1 t Subscribed and sworn to before me ttr 9th 111 Off/!�� T NOS O December 20 4 � , 0 Notary Public in d for the State of Washinaon Residing at Shelton,Washington = �~ My commission expires(00L I ` ;nfffaltat�