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Home My WebLink AboutSHR96-00024 Cancelled - SHR Application - 11/4/1996 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT NOTICE OF APPLICATION FOR SHORELINE MANAGEMENT PERMIT Substantial Development, Notice is hereby given that BLUE HERON CONDOMINIUM ASSOC who is _ OW/VE/�- of the described property has filed an application for a Shoreline Management Permit- Substantial Development, for the development of: Add 954 square ft of additional floats to an existing float and fixed pier. 1 float of 300 square ft, 1 float of 84 square ft, and 1 float of 570 square ft. New floats will be supported by 6 new pilings. Site Address: E 6520 STATE ROUTE 106 UNION Project Location: E. 6520 SR 106. Parcel Number: 322335289004 Section. . .33 Township. .22N Range. . . . . 03W.W.M, in UNION, Mason County Washington. Said development is proposed within HOOD CANAL and/or its associated wetlands . Any person desiring to express their view or to be notified of the action taken on the application should notify: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT PO BOX 578 SHELTON, WA 98584 in writing of their interest within 30 days of the final date of publication given pursuant to WAC 173-14-020 . The final date of publication, posting, or mailing of notice is 09/17/96 . Written comments must be received by 10/17/96 . A public hearing will held on this permit request . Contact this office at (360) 427-9670, Ext 296 for date and time of hearing. A Determination of Nonsignificance was issued on 09/10/96 under WAC 197-11-340 . Written comments regarding this determination must be received by 09/25/96 . SHR_NOT, rev: 04/29/92 FOSTER PEPPER & SHEFELMAN A LAW PARTNERSHIP INCLUDING PROFESSIONAL SERVICE CORPORATIONS DIRECT DIAL 206.447-7890 INTERNET ADDRESS FIOLTB@FOSTER.COM November 1, 1996 VIA FACSIMILE Hugo Flores Mason County P.O. Box 578 Shelton, Washington 98584 Re: Blue Heron Condominium Association's Application for a Substantial Development Permit Dear Mr. Flores: We represent Dr. Robert and Katherine Calhoun, who own property on Hood Canal neighboring the property owned by the Blue Heron Condominium Association (the "Association"). This comment letter is submitted in regards to the Association's pending application for a Substantial Development Permit ("SDP") as required by the Shoreline Management Act, ch. 90.58 RCW ("SMA") and by the Mason County Shoreline Master Program ("Master Program"), to substantially increase the size of its existing pier and float by approximately 954 square feet. As discussed below, the Association's proposed expansion of the existing float is expressly prohibited by a prior order issued by the Shorelines Hearing Board ("SHB"). Moreover, the proposed expansion of the existing float to serve the 40-unit condominium is inconsistent with the neighboring single-family waterfront uses and inconsistent with the Master Program. The County should therefore deny the Association's SDP application. The Blue Heron Condominium was constructed in the early 1970s and is located across State Route ("SR") 106 away from the shoreline of Hood Canal. As part of its development, the developers of the Blue Heron proposed to develop the associated beachfront property (the "Beach Area") as a recreation area to serve the condominium owners and their guests. Access to the Beach Area was proposed by an overpass across SR 106 and the development also included construction of the pier and float that exist today. The property in the vicinity of the Beach Area is predominantly single-family residences with appurtenant pier facilities. After the County issued a SDP for the proposed Beach Area development, Dr. Calhoun's father, E.L. Calhoun, and the property owner immediately adjacent to the Beach Area, 0265223.W P I I I I THIRD AVENUE,SUITE 3400 - SEATTLE,WASHINGTON 98101-3299 TEL.206-447-4400 FACSIMILE 206-447-9700 ANCHORAGE,ALASKA BELLEVUE,WASHINGTON PORTLAND,OREGON SEATTLE,WASHINGTON Hugo Flores November 1, 1996 Page 2 Mr. Carl A. Schafer, filed an appeal (SHB Nos. 41 and 41A) with the SHB challenging the County's decision to issue the SDP. The primary concern with the Beach Area development, including the pier and float, was that such a development to serve approximately 40 condominium owners and their guests was utterly inconsistent with, and would have disproportionate impacts upon, the surrounding single-family residences. . Prior to a final hearing before the SHB, the parties to the appeal entered into a stipulation regarding development of the Beach Area by which the owner and developer of the Blue Heron agree to limit the pier and float facilities that would be constructed to serve the Blue Heron. The developers of the Blue Heron agreed to restrict future development or expansion of the pier and float. The stipulation was memorialized in an order from the SHB dated May 23, 1973 (the "Order") (a copy of which is attached), which, consistent with the stipulation of the parties, provides that: [t)he pier and float depicted in Exhibit A, a copy of which is attached hereto and incorporated herein by this 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. (Emphasis added). The SHB's Order prohibits the expansion of the existing float that the Association is requesting in its SDP application. As you can see from Exhibit A attached to the SHB's Order, the "moorage facility" that "shall be the only moorage facility" serving the Beach Area is the pier and 10 x 30 foot float that exist today. The express language of the Board's Order restricts the pier and float facility to that which currently exists and prohibits the Association from expanding the existing float. Contrary to the SHB's Order, however, the Association has applied to more than quadruple the size of the existing float by adding three additional floats. This proposed expansion is expressly prohibited by the Board's Order. The County must therefore deny the Association's SDP application. Moreover, the Countyma only approve the Association's application if it is consistent with the goals and policies of the SMA and the Master Program. Master Program § 7.13.010. The Association's proposed float expansion is inconsistent with the Master Program for two independent reasons that justify denial of the Association's application. First, quadrupling the size of the existing float (from 300 square feet to approximately 1,254 square feet) is not compatible with the surrounding shoreline uses. One of the Master Program's policies for piers and docks provides that: [t]he type, design and location of docks and piers should be compatible with the shoreline area where located. Consideration should be give 0265223.WP Hugo Flores November 1, 1996 Page 3 to shoreline characteristics, tidal action, aesthetics, adjacent land and water uses. Master Program § 7.16.170 (policy 3)(emphasis added). As noted above, the area in the vicinity of the Association's Beach Area is predominantly single-family residences (and the properties immediately adjacent to the Beach Area are exclusively single-family residences). Allowing expansion of the existing float will result in increased use of the Beach Area by the 40 condominium owners. Here, allowing expansion of the existing pier, which serves 40 condominium owners and their guests, is not consistent or compatible with the surrounding single-family uses on the shoreline of Hood Canal. Accordingly, the Association's request to expand the existing pier and float is not compatible with adjacent land and water uses as required by the Master Program and should be denied. Second, the Master Program prohibits the Association from adding three additional floats. The "use regulations" for piers and docks under the Master Program provides that "[a]t the end of a dock or pier, a float may be attached" to form a "T" or "U with the attached pier. Master Program § 7.16.170 (use regulation 10)(emphasis added). "A float" currently exists. The Association, however, proposes (as reflected in the October 22, 1996 Staff Report) to add three additional floats (one 10 x 30 foot float, one 6 x 14 foot float, and one 10 x 57 foot float). The Master Program expressly prohibits the addition of three floats. In summary, the Calhouns' property (as has the property of other families in the vicinity of the Blue Heron) has been in their family for several generations. The Calhouns and other neighbors use and enjoy their respective residences for rest, relaxation and recreation. The single-family residences in this area have managed to peacefully co-exist with the Blue Heron and its existing pier and float facility. The Association's proposed expansion of the float, however, threatens that peaceful co-existence. Allowing expansion of the float, which serves 40 condominium owners, will result in significant adverse impacts from increased usage that are disproportionate to and inconsistent with the surrounding single-family uses. Accordingly, we respectfully request that the County deny the Association's request for an SDP because the Association's proposed float expansion is expressly prohibited by the SHB's Order, and because the proposed expansion is inconsistent with the County's Master Program. You indicated in our prior telephone conversation that the Association's SDP application will be considered by the Board of County Commissioners ("BOCC") at their meeting scheduled for November 12, 1996. Please ensure that this comment letter submitted on behalf of the Calhoun, including the attached SHB Order, is referenced in the County's final Staff Report on the Association's Application and is presented to the BOCC for their consideration. By this letter, we also request under RCW 90.58.140(4)(b)(iii) that the County provide the undersigned with a copy of the BOCC's final decision on the Association's application as expeditiously as possible after the issuance of the decision. 0265223.W P Hugo Flores November 1, 1996 Page 4 Thank you for your consideration of these comments. Very truly yours, FOSTER PEPPER & SHEFELMAN Brian L. Holtzclaw Encl. cc: Jeffree Stewart, Department of Ecology Dr. Robert and Katherine Calhoun 0265223.WP