The URL can be used to link to this page

Home My WebLink AboutSHB No. 41 and 41A Hearing - SHR Letters / Memos - 11/28/1972 l J r . BEFORE THE SHORELINES HEARIiVGS BOARD OF THE STATE OF WASHINGTON IN THE MATTER OF A SUBSTANTIAL ) DEVELOPMENT PEF_dIT ISSUED TO ) THE FRUSZ COMP-';Y , INC . , ) BY !•IASON COUNTY , ) SHB Nos . 41 and 41A CARL A. SCHAFER and E. L. CALHOUN, ) ORDER Appellants . ) ) THESE PROCEEDINGS having come on regularly for hearing this date before the undersigned members of the Shorelines Hearings Board for action on the Stipulation executed by and between appellants CARL A. SCHAFER and E. L. CALHOUN and respondents MASON COUNTY, WASHINGTON, and THE KRUSZ COMPANY , INC . , approving that an order be entered pxevi•eg/the substantial development permit granted to The Krusz Company, Inc. , by Mason County, Washington , for a recreational beach development to serve the Blue Heron Condominium one mile east of Union, Washington, subject Order. to certain restrictions . Appearances for the parties were as follows : HAROLD S . SHEFEL`SAN and LEE a. VOORHEES , JR. , of Roberts , Shefelman, Lawrence, Gay & Moch, Attorneys at Laa, for appellant Carl A. Schafer; PAUL P . ASHLEY of Ashley, Foster, Pepper & Riveria , Attorneys at Law, for appellant E . L. Calhoun; BYRON E. McCLANAHAIN, Prosecuting Attorney, for respondent Mason County, Washington; and HAROLD T. HARTINGER of Kane, Vandeberg & Hartinger , Attorneys at Law, for respondent The Krusz Company, Inc. The Shorelines Hearings Board now makes and enters herein its Findings of Fact , Conclusions of Law, and Order : FINDINGS OF FACT I. Mason County, Washington, granted to The Krusz Company, Inc . , a Permit for Shoreline Management Substantial Development pursuant to Section 14 , Chapter 286 , Laws of 1971, Ex. Sess . to undertake the following- development : Recreational Development for the Blue Heron Condominium one mile East of Union, Washington; - following publication of due notice thereof . II . A timely request for review of the permit was f iled with the Shorelines Hearings Board on November 28 , 1972 , by appellant Carl A. Schafer . A timely review thereof was filed Order -2 i with the Shorelines Hearings Board on November 28 , 1972 , by appellant E . L. Calhoun. Within 30 days of the filing, on December 26 , 1972 , and on December 28 , 1972 , the Department of Ecology and the Attorney General duly served and filed their certifications pursuant to RCW 90 .58 . 180 (•1) . On said dates timely notice of pendency of these proceedings was duly given to Mason County, Washington, and The Krusz Company , Inc . , aon behalf of the Shorelines Hearings Board by the Department of Ecology and the Attorney General . CONCLUSIONS OF LAW I . The Shorelines Hearings Board has jurisdiction in these proceedings under the Shorelines Management Act of ' 1971 , § 18 . The Board has jurisdiction over the parties . II . The Stipulation of the parties heretofore filed in these proceedings should be accepted and an appropriate Order entered thereof. ORDER • The substantial development permit granted to The Krusz Company, Inc . , by Mason County, Washington, for a recreational Order -3 beach development to serve the Blue Heron Condominium one mile east of Union, Washington, is approved, SUBJECT, however, to the follo;:ing restrictions pertaining to the Beach Area, more particularly described as follows , in Mason County, �ashingtcn : Lots 4 , 5 and 6 , Block 107 , and Lots 1, 2 and 3 , Block 100 , Hood Canal Land & Improvement Co. Addition to Union, as recorded in Volume 1 04' plats , page 9, TOGETHER with that part of vacated street lying between said Blocks , together with the Easterlv half of vacated street adjoining said property on the West, and together with all tidelands as conveyed by State of Washington lying in front of , adjacent to and abutting on said property; Excepting therefrom State Route No . 106 , and excepting also tract conveyed to C. ICI. Pixley by deed dated June 1, 1931 , and recorded in Volume 55 of Deeds , page 522 . Subject to State of Washington tideland reservations . (1) No motor vehicles or boat trailers shall be operated or parked on the Beach Area and no roadways , parking, or boat-launching facilities shall be constructed there . (2) A six-foot fence designed and installed in a manner to prevent unauthorized access by vehicles and persons to the Beach Area shall be constructed and maintained in good repair along the frontage of the Beach Area upon State Route 106 . The fence shall be provided with a pedestrian gate not to exceed five feet in width. The fence shall be provided with a locked maintenance gate not to exceed 12 feet in width to be used by vehicles only when engaged in maintenance or ground-keeping activities in the Beach Area . (3) The Eier and float depicted in Exhibit A, a copy of which is attached hereto and incorporated herein by this Order -4 reference, hereinafter referred to as the "moorage facility, " shall be the only moorage facility either built upon or otherwise serving the Beach Area, and the moorage facility shall be constructed in substantial conformity with Exhibit A at the place indicated thereon. Fuels , electrical power, and water shall not be furnished from the moorage facility. (4) No aircraft, no watercraft with marine heads or inboard engines , and no vessel of a length exceeding 24 feet shall be moored to the moorage facility except for loading and unloading passengers . (5) No boat of any length shall be used for the over- night accommodation of any person while moored at the moorage facility. (6) Commercial activities and overnight camping' shall not be permitted in the Beach Area . Signs shall be posted in may not be taken and the Beach Area directingthat shellfish Y prohibiting trespassing. (7) No facilities for the overnight accommodation of persons shall be provided or built on the Beach Area . (8) One of the existing structures located near the center of the Beach Area shall be retained for the use of owners of the Beach Area. All other existing structures in the Beach Area shall be removed. (9) Flo swimming pool and related facilities shall be constructed in the Beach Area. (10) The Beach Area and the moorage facility shall be used only by condominium owners , members of their immediate families , and condominium guests . Boisterous, noxious, and noisy activities are prohibited in the Beach Area . No bright lights shall be displayed there between the hours of dusk and dawn. f DONE in Olympia, Washington, this /V� day of 117ati 19 7 3 . SHORELINES HEARINGS BOARD Chairman \, f I- ember mei«ber Member ,r, r Member Member / Order -6 Approved as to Substance and Form and Notice of Presentment Waived by ASHLEY, FOSTER, PEPPER & RI VERIA By .. PAUL "T Attorneys for Appellant E. L. Calhoun ROBERTS , SHEFEIaMI1, LAWRENCE, GAY & MOCH 01 y OOk -ES , JR. Attorneys for Appellant Carl A. Schafer KANE , VA, DEBERG & HARTIN ER By i Al.o D :i:�RTYNG�R Attorneys for Respondent - The icrus z Company , Inc. PROSECUTING ATTORNEY FOR :LNSON COUNTY B i E. i• CCLANAI-IAN Attorney for Respondent Mason County, tIashington. Order -7 l FROM:OMNIFPX T0: CCT 29, 1996 1:15PM P.02 .1,-uRpoSE: PRIVATE BOAT MORA3— „ATL'r`i: MEAN LOWER L04 VATER(NLLW)wO.0* US0c"4;UA3 EXHINTi. 3r,'i.4oI iID3 A,-iZ III FEET r� FUERAL QARSOR LINES ESTABLISHED: t•l4 ;c AND %DCRFSS OF AD• C<�iT ` , ; 'r'•O?ER7Y OVAERS 1. 'CARL SWAFER , 2C 2 M. MA I N r : • .' i r M14TESA.,o, WASrt 2.'MRS.0.E- MARCEY 2112,•ST.hZ'l.EyS AVM � ' YAKIMNs. NASN t•RS.D.C. HOYLE } •SEATTLE, WASH ��• " ' - r �. :� IF . • ..� .. . . . . ', .. . • .�-toe;•ra •' . , III J I. .. • � :A' , ! Pay( `• �4•0 at--r--vo --v rlvVN• -17 XV �i•L:C-t.ril� E0'd WdS T:T %S T '6Z 170 :01 KC .d I NWO:W02id ,. 1 I BEFORE THE SHORELINES HEARINGS BOARD 2 STATE: OF WASHING T N 3 IN THE MATTER OF A SUBSTANTIAL ) DEVELOPMENT PERMIT ISSUED BY ) 4 MASON COUNTY TO THE KRUSZ ) COMPANY, INC. , ) 5 ) CARL A. SCHAFER and E. L. CALHOUN, ) 6 ) 7 Appellants , ) SHB Nos. 41 and 41A Vs. ) 8 )MASON COUNTY and THE KRUSZ ) CERTIFICATE OF MAILING 9 COMPANY, INC. , ) 10 ) Respondents . ) 11 12 I , Dolories Osland, certify that on the 12th day of June, 1973 , a 13 copv of a final Order was mailed, postage prepaid, in a receptacle for 14 United States mail, said receptacle being located in Lacey, Washington, 15 to the following persons : l6 Mr. L. R. Voorhees, Jr . 17 Roberts, Shefelman, Lawrence, Gay & Moch 8 1818 I. B.M. Building Seattle, Washington 98101 1 Mr. E. L. Calhoun, M.D. 921 North N. Street 2 Aberdeen, Washington 98520 3 Mason County Commissioners Mason County Courthouse 4 4th and Alder Shelton, Washington 98584 5 • Mr. Harold T. Hartinger 6 Kane, Vandeberg & Hartinger Suite 2100, Washington Plaza Building 7 One Washington Plaza Tac-o-ma , 'Hashir_gton 98402 8 Mr. Carl A. Schafer 9 202 North Main Montesano, Washington 98563 10 Mr. Paul P. Ashley 11 Ashley, Foster , Pepper & Riviera 400 Seattle-First National 12 Bank Building Seattle, Washington 98154 13 Mr . Charles W. Lean 14 Assistant Attorney General Department of Ecology 15 St. Martin' s College 16 Olympia, Washington 98504 Mr. Leighton Pratt 17 Department of Ecology St. Martin ' s College 18 Olympia, Washington 98504 19 The Krusz Company, Inc. 1840 Westlake Avenue North 20 Seattle, Washington 98109 21 22 DOLORIES OSLAND, Clerk SHORELINES HEARINGS BOARD 23 24 25 26 27 CERTIFICATE OF MAILING 2