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HomeMy WebLinkAboutGarage Being Built Behind House without Permit - BLD Inspections - 7/10/2009 CO MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Mason County Bldg. III, 426 West Cedar Street PO Box 186, Shelton, WA 98584 1854 z www.co.mason.wa.us (360)427-9670 Belfair(360)275 4467 Elma (360)482-5269 Notification of Mason County Code Violation July 15, 2009 Mason County Department of Community Development Shelton WA 98584 Claimant Vs. James G. & Cynthia M. Tibbetts 8621 Fauntlee Crest SW Seattle, WA 98136-2536 Notice The receipt of this notice shall constitute service regarding notification of violations of the Mason County Code, and shall also serve as Warning Notice pursuant to Mason County Code, Title 15, Section 15.13.035. The violation(s) are occurring at the following property: Enforcement Case: BCC2009-00139 Parcel Number: 32232-50-82002 Site Address: 6100 E State Route 106, Union Legal Description: Union Hood Canal Land & Improvement Co. Tr 2 of blks 73&82 ❑ Our office received a complaint that a non-exempt structure was being constructed without a building permit or approval. During an inspection performed on July 14, 2009 a Mason County Building Inspector observed a 16-ft x 20-ft structure in the process of being constructed without a building permit or approval. Constructing a non-exempt structure without obtaining permits prior to construction is a violation of Mason County Code Chapter 14, subject to violation and penalties outlined in Chapter 14.12. For your reference have enclosed a copy of the Mason County exemption list and approved storage/accessory structure guidelines. According to the Mason County Assessor records, parties named above hold legal interest in the parcel and are therefore subject to enforcement action for failure to comply. The parties shall respond to the county within twenty days of the postmark of this notice. Order YOU ARE HEREBY ORDERED to abate the violation by following one of the options below: 1. Remove the structure or reduce the size of the structure so that it complies with the accessory structure guidelines enclosed. When completed contact our office to make arrangements for a compliance inspection to verify compliance. 2. Apply for a building permit. A complete building permit application shall contain 3-sets of plans demonstrating compliance to the 2006 International Building Code, a completed permit application and a site plan drawn to scale. A building permit application package is enclosed. Based upon information obtained in the photos taken when the structure was inspected it appears that an engineered design will be required in order to approve the building plans. The Washington state licensed design professional will need the following design criteria in order to complete a vertical, lateral, and foundation design: Snow load: 25 psf Wind speed: 85 mph, exp. B (unless determined otherwise) Seismic zone: D1 Penalties This notice is to inform you that in the event that you fail to comply, we will pursue additional enforcement action against you, including but not limited to recording against the parcel, civil infractions, liens against the property through the Mason County Hearings Examiner process and/or criminal prosecution as allowed under Title 15.13 of the Mason County Code. In the event that you feel you have received this notice in error or that the facts are inaccurate, I strongly encourage you to contact me at (360) 427-9670 ext. 510 to discuss your concerns immediately. Sincerely, 6'& �-t/ (�aj Debbera Coker Building Inspector IV/Code Enforcement Cc: Property File Encl.: Exemption List Storage/Accessory structure guidelines Building permit application package and fee worksheet F' ti ;.=ao coy MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Mason County Bldg. III, 426 West Cedar Street — _ PO Box 186, Shelton, WA 98584 txsa www.co.mason.wa.us (360)427-9670 Belfair(360)275-4467 Elma(360)482-5269 NOTICE OF CONTINUING VIOLATION and ENFORCEMENT ACTION August 5, 2009 Mason County Department of Community Development Shelton WA 98584 Claimant Vs. James G. & Cynthia M. Tibbetts 8621 Fauntlee Crest SW Seattle, WA 98136-2536 Notice The receipt of this notice shall constitute service regarding notification of violations of the Mason County Code, and shall also serve as Warning Notice pursuant to Mason County Code, Title 15, Section 15.13.035. The violation(s) are occurring at the following property: Enforcement Case: BCC2009-00139 Parcel Number: 32232-50-82002 Site Address: 6100 E State Route 106, Union Legal Description: Union Hood Canal Land & Improvement Co. Tr 2 of blks 73&82 ❑ On July 15, 2009 a Notification of Mason County Code Violation was prepared for mail concerning a 16-ft. x 20-ft structure that was constructed without a building permit or approval. The photograph of the structure taken by the Mason County Building Inspector during an investigation inspection on July 14, 2009 verifies that the structure exceeds 200 square feet and likely exceeds allowable ten-foot bearing height. The notice warned you that constructing a non-exempt structure without obtaining permits prior to construction is a violation of Mason County Code Chapter 14, subject to violation and penalties outlined in Chapter 14.12 and offered 20-days to respond to the notice. We received a response from you soon after stating that the structure is a 9-ft x 16-ft garden shed. Photographs accompanied your response. The photographs you presented depict only a portion of the structure that the Mason County Inspector observed during the investigation inspection. The entire roof-line must be included in order to calculate the size of the structure as described in Section C of the exempt storage/accessory structure guidelines. A copy is enclosed for your reference along with an According to the Mason County Assessor records, parties named above hold legal interest in the parcel and are therefore subject to enforcement action for failure to comply. Parties shall respond to the county no later than September 1, 2009 by following one of the options listed below. Order YOU ARE HEREBY ORDERED to abate the violation by following one of the options below: 1. Remove the structure or reduce the size of the structure so that it complies with the accessory structure guidelines enclosed. When completed contact our office to make arrangements for a compliance inspection to verify compliance. 2. Apply for a building permit. A complete building permit application shall contain 3-sets of plans demonstrating compliance to the 2006 International Building Code, a completed permit application and a site plan drawn to scale. A building permit application package is enclosed. Based upon information obtained in the photos taken when the structure was inspected it appears that an engineered design will be required in order to approve the building plans. The Washington state licensed design professional will need the following design criteria in order to complete a vertical, lateral, and foundation design: Snow load: 25 psf Wind speed: 85 mph, exp. B (unless determined otherwise) Seismic zone: D1 Penalties This notice is to inform you that in the event that you fail to comply, we will pursue additional enforcement action against you that shall include recording against the parcel as allowed under Title 15.13 of the Mason County Code. In the event that you feel you have received this notice in error or that the facts are inaccurate, I strongly encourage you to contact me at (360) 427-9670 ext. 510 or via e-mail at: dlc@co.mason.wa.us to discuss your concerns. Sincerely, bbera Coker Building Inspector IV/Code Enforcement Cc: Property File Encl.: Exemption List Storage/Accessory structure guidelines Photograph taken by the Mason County Building Inspector on July 14, 2009 r Page 1 of 4 Deb$era Coker-Fwd: 9X16 garden shed From: Debbera Coker To: Core,Mark Subject: Fwd:9X16 garden shed CC: Larry Kelly Unfortunately the 9x16 structure that he refers to is only a part of a 20-ft x 16-ft structure,BCC2009-00139. WE have gone round and round about the size of the structure but he never acknowledges the roof that extends beyond the 9x16 areas surrounded by walls. This is the same person that I needed to politely hang-up on earlier this week. >>>James Tibbetts<jgtibbetts@aol.com>7/31/2009 12:24 PM>>> Debbera Coker,a 9X 16 garden shed warrants you sending out to my family a warning notice and threat letter from the county government? This 144 square foot stucture does not need a permit. My understanding is that a neighbor called you and complained that a garage was being built,as you can see this was not the case. Surely you have more important things to concern yourself and the county government with than a 144 square foot shed?I have ten acres and have many garden tools which I need a place for. We have paid a whole lot of money to own and maintain our home including paying over$50,000 to your office in property taxes. I believe we have earned the right to peacefully use and enjoy our property. Please respect my property rights,you and your agents are no longer welcome on my property. You have burdend me and my family with undue stress. Please refrain from being used by a local busy body and troublesome meddler. Please extend to my family the reasonable right to peacefully enjoy our property in Union,WA.I certainly would extend to you and your family the same courtesy.Thank you. Begin forwarded message: From:James Tibbetts<jgtibbetts[�Daol.com> Date:July 23,2009 1:37:47 PM PDT To:James Tibbetts<jgtibbetts(cDaol.com> Subject:9X16 garden shed ------------------------- A x, P1030039 JPG about:blank 7/31/2009 Page 2 of 4 - 1t� P1030040.JPG about:blank 7/31/2009 r Page 3 of 4 t �v P1030041.JPG about:blank 7/31/2009 I Page 4 of 4 7�<< 18B 189 190 191 19'3 , ' 1914= 1915 15 E � 1 to > P1030044.JPG James Tibbetts Associate Broker Windermere Real Estate/Fauntleroy Inc. 6505 California Ave SW Seattle, WA 98136 Direct: 206-932-2550 Fax: 206-937-9541 iatibbetts_.aol.com http:/Aamestibbetts.com/ about:blank 7/31/2009 (7/24/2009) Debbera Coker- Fwd: 9X16 garden shed Page 1 From: James Tibbetts <jgtibbetts@aol.com> To: Debbera Coker<Dlc@co.mason.wa.us> Date: 7/23/2009 7:18 PM Subject: Fwd: 9X16 garden shed Debbera Coker, the shed is 9 feet by 16 feet and has no walls over 10 feet, it is situated in the middle of my property over 500 feet to the nearest neighbor. I have ten acres and have many garden tools which need a place for. Thank you! Begin forwarded message: > From: James Tibbetts <jgtibbetts@aol.com> > Date: July 23, 2009 1:37:47 PM PDT > To: James Tibbetts <jgtibbetts@aol.com> > Subject: 9X16 garden shed > P1030039.JPG > P1030040.JPG > P1030041.JPG > P1030044.JPG James Tibbetts Associate Broker Windermere Real Estate/Fauntleroy Inc. 6505 California Ave SW Seattle, WA 98136 Direct: 206-932-2550 Fax: 206-937-9541 jgtibbetts@aol.com http://jamestibbetts.com/ (7/27/2009) Debbera Coker- Fwd-. 9X16 garden shed Page 1 From: Debbera Coker To: jgtibbetts@aol.com CC: Larry Kelly Date: 7/27/2009 8:32 AM Subject: Fwd: 9X16 garden shed Attachments: Debbera Coker.vcf The inspector who visited the property has reviewed the photos attached to your e-mail and has concluded that the photos do not represent the entire structure including the wall opposite that supports the opposite edge of the rafters. If you have modified the structure to comply with the exempt building guidelines let us know so we can perform a compliance inspection. Debbera Coker Mason County Building Department Building Inspector IV/Code Enforcement Phone: (360)427-9670 ext510 FAX: (360)427-7798 e-Mail: dlc(c co.mason.wa.us PO Box 186 426 West Cedar Street Shelton,WA 98584 >>>James Tibbetts <' tibbetts aol.com> 7 23 2009 7:17 PM >>> la (a / / Debbera Coker,the shed is 9 feet by 16 feet and has no walls over 10 feet, it is situated in the middle of my property over 500 feet to the nearest neighbor. I have ten acres and have many garden tools which I need a place for. Thank you! Begin forwarded message: From: James Tibbetts<igtibbetts _aol.com> Date:July 23, 2009 1:37:47 PM PDT To: James Tibbetts<igtibbetts .aol.com> Subject: 9X16 garden shed P 1030039.J PG P 1030040.J PG P 1030041.J PG P 1030044.J PG James Tibbetts Associate Broker Windermere Real Estate/Fa untleroyI nc. °8oK �a�rA MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT ' Mason County Bldg. III,426 West Cedar Street - _— PO Box 186, Shelton, WA 98584 BS4 www.co.masonma.us (360)427-9670 Belfair(360)275-4467 Elma(360)482-5269 Storage Sheds: Not for Commercial Use (Exemption Criteria) A.) Storage Sheds: U occupancy, one-story (no lofts allowed), detached accessory structure used as a barn, carport, tool shed, greenhouse, garage or other similar utility use. No living spaces are allowed. Structure is customarily of incidental use to a dwelling and shall be unheated. All plumbing or mechanical appliances, fixtures or equipment shall require the appropriate permits. B.) Per IRC section R105.2: Exemption from permit requirements of this code shall not be deemed to grant authorization for-any work to be done in a manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. This includes current building code standards for foundations, walls and roof systems. C.) Structural Requirements: Sheds must not exceed the following: ♦ Maximum 200 sq. ft. of space measured from-wall corner to wall corner, or post to post at the outside perimeter(footprint) of the structure. ♦ A single story structure (a loft is considered a second story) ♦ Maximum 10' wall or post height ♦ Maximum 24" roof overhangs. Overhangs are not counted in the 200 square foot perimeter, but are considered for setback distances. D.) Setbacks: Structure must be a freestanding detached unit with a minimum setback from all other structures of 5' between roof overhangs or furthest projection. Property line setbacks must meet the requirements of the Planning Department. NOTE: When a structure meets the requirements for exemption from a building permit it does not mean that it is exempt from the requirements of other departments. You must also check with Planning and Environmental Health to make sure you meet all requirements of each department prior to placement. The Planning dept. may require a permit or variance and review if you do not meet the setbacks from property lines or critical areas. i Date: Signature: h2 Effective Date July 1,2007 2006 IRC,SECTION R105.2 and 2006 IBC,SECTION 105.2-WORK EXEMPT FROM PERMIT Exemption from the permit requirements shall not be deemed to grant authorization for any work to be done in Building Permits Resource Ordinance ore me M ister Program any manner in violation of the provisions of this code or Exempt Not Exempt Exempt Not Exempt Exempt Not Exempt -any other laws'or'ordinances of this jurisdiction. One Story detached accessory structures,provided 1 the floor area does not exceed 200 square feet for XXXXX XXXXX XXXXX residential use, 120 square feet on commercial property. 2 Fences not over six(6)feet high. XXXXX XXXXX XXXXX Retaining walls that are not over 4 feet in height 3 measured from the bottom of the footing to the top of XXXXX XXXXX XXXXX the wall,unless supporting a surcharge. Water tanks supported directly upon grade if the 4 capacity does not exceed 5000 gallons and the ratio o XXXXX XXXXX XXXXX height to diameter or width does not exceed 2 to 1. Concrete sidewalks and driveways not more that 30 5 inches above adjacent grade and not over any xxxxx XXXXX XXXXX basement or story below. Painting,papering,tiling,carpeting,cabinets,counter XXXXX 6 XXXXX tops and similar finish work. XXXXX 7 Prefabricated swimming pools that are less than 24- XXXXX XXXXX XXXXX inches(610 mm)deep. 8 Swings and other playground equipment accessory to XXXXX XXXXX XXXXX a one or two-family dwelling. Window awnings supported by an exterior wall of 9 Group R,Division 3,and Group U occupancies when XXXXX XXXXX XXXXX projecting not more than 54 inches. 10 Interior remodeling without change of use. XXXXX XXXXX XXXXX 11 Siding replacement over existing siding. XXXXX XXXXX XXXXX 12 Installation of doors(no expansion of door dimension), XXXXX XXXXX XXXXX finish work,carpet,floor cover. 13 Replacement of plumbing fixtures,i.e.,sinks,toilets, XXXXX XXXXX XXXXX faucets(not including water heaters). 14 Installation of gutters and downspouts. XXXXX XXXXX XXXXX Landscaping and related rockery for landscaping,less 15 than four(4)feet,when there is no surcharge and the XXXXX XXXXX XXXXX proximity to structures does not create a hazard. Window replacement: Replacement of glazing and 16 frame or enlarging size requires compliance with the XXXXX XXXXX XXXXX State Energy Code,egress requirements,tempered glass requirement and a permit. Window replacement: Replacement in an existing 17 XXXXX XXXXX XXXXX frame. 18 Roof patching, non-structural repairs only. XXXXX XXXXX XXXXX Agricultural sheds used for feeding,shelter and storage of feed,less than 864 square feet with a wall 19 height not to exceed ten(10)feet and setback 25'from XXXXX XXXXX XXXXX all other structures and 50'from property lines. Lands zoned"Agricultural"are exempt. 20 Propane Tanks and Heat Pumps. XXXXX XXXXX XXXXX 21 Re-Roofing XXXXX XXXXX XXXXX Floats-120 square feet or less(Detached and chain 22 XXXXX XXXXX XXXXX anchored only). 23 Uncovered decks not more than 30"above XXXXX XXXXX XXXXX surrounding grade within 5 ft. 24 Bulkheads, boat lifts,hydraulic boat lifts,marine XXXXX XXXXX XXXXX railways. 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