HomeMy WebLinkAboutSHR2012-00005 ADU Hearing - SHR Permit / Conditions - 5/15/2012 nhLEIV EdD
MAY 1 � 2VS
MASON CO. PLANNIN DEPT.
1
BEFORE THE HEARING EXAMINER FOR MASON COUNTY
Kristen 01brechts, Hearing Examiner
3
RE: Victor Beach LLC
4
5 Shoreline Substantial FINDINGS OF FACT,CONCLUSIONS
Development Permit OF LAW AND FINAL DECISION
6 #SHR2012-00005
7
8 INTRODUCTION
9 The Applicants have applied for a shoreline substantial development permit for an
accessory living dwelling unit ("ADU", also referenced as an accessory living
10 quarter, "ALQ"). The application is approved with conditions.
11
ORAL TESTIMONY
12
13 Allan Borden, Senior Planner, stated that the application is for a shoreline substantial
development permit. The request is for an accessory dwelling unit on a property
14 located at North Bay. The proposal is to construct an accessory dwelling residence of
a 972 sq ft. footprint, located adjacent to an existing primary residence. The proposal
15 is within 200ft of the shoreline, thus it requires a development permit. The properties
nearby include small residences that are used for both full-time and seasonal
16 occupancy. The property is fairly flat, and the primary residence was built in 1989.
17 The existing residence is connected to sewer lines and a well. The residence is 25ft
from the ordinary high-water mark. The accessory dwelling unit will be 35 ft. from
18 the ordinary high-water mark. Parking will be available on the property. Shoreline
designation is urban. This project is exempt from SEPA, but will require a building
19 permit if the current request is approved. Notification of the hearing was given to the
20 public, and one comment letter of support was received by the city. The application
meets the shoreline master program standards. The lot is 31,500 sq ft which is 150
21 percent of the minimum needed. Septic and water will be provided according to the
county health standards, and there is a residential well. Additionally, there will be
22 minimum impact on the existing development. Also, the proposed structure will not
obstruct any neighboring property views. The proposal meets the development
23 permit review standards. In regard to meeting the comprehensive plan requirements,
24 the proposal meets county code 6, 8, and 18 (health, shoreline master program, and
subdivision). Staff concluded that the request meets the requirements of a substantial
25 development permit. A decision condition was proposed that a sewer line connection
be noted before a building permit is issued.
Administrative Appeal P. 1 Findings, Conclusions and Decision
(PA0828887.DOC;1\13009.900000\)
I EXHIBITS
2 All documents identified in the "Case Index" attached to the staff report are admitted
3 into the record.
4
FINDINGS OF FACT
5 Procedural:
6
7 l. Applicant. The Applicant is Victor Beach LLC.
8 2. Hearing. The Hearing Examiner conducted a hearing on the application
on April 24, 2012, at 1:00 p.m., in the Mason County Board of Commissioners
9 Meeting Chambers.
I Substantive:
1 I 3. Site/Proposal Description. The Applicant proposes an ADU for the east
12 shore of North Bay Case Inlet within 200 feet of the shoreline. There is already a
primary residence located on the property situated 25 feet from Case Inlet. The
1> proposed ADU will be located 30 feet south of the primary residence and 35 feet
landward of Case Inlet in an area that is currently landscaped. The proposed ADU
14 will be 972 square feet in size and the primary residence is 2072 square feet in size.
15 The subject lot is 31,500 square feet in area. The owner of the lot will reside in the
primary residence.
16
4. Characteristics of the Area. Most of the waterfront lots in the vicinity are
17 already developed as residential uses and the lots are of varying sizes and widths.
18 5. Adverse Impacts of Proposed Use. There are no adverse impacts
19 discernible from or reasonably inferred from the record. As shown in the aerial
photograph, Ex. 5, the primary residence is located waterward of the proposed ADU
20 and will buffer any view impacts to the lot to the north. The lot to the south is
currently undeveloped and the lot owner has voiced no objections to the proposal.
21 There do not appear to be any critical areas that would be adversely affected by the
proposed increase in density for the lot. The staff report notes that adequate public
22 services and parks and transportation facilities serve the proposal and there is no
23 evidence to the contrary.
24 The project will also not result in any significant cumulative impacts. The staff report
and administrative record do not contain any direct information on the cumulative
25 impacts of the proposal. The aerial photograph, Ex. 4, shows the waterfront lots in
the vicinity as relatively small in area. Widespread development of ALQ's along this
shoreline could result in a significant increase in density. However,the site is directly
Administrative Appeal p. 2 Findings, Conclusions and Decision
{PA0828887.DOC;1\13009.900000\}
accessed by SR 302 and there is no indication that such a major transportation facility
1 would be adversely affected by more intense development of the Case Inlet shoreline.
Water and sewer are on-site for the waterfront lots of the vicinity so further
development with ALQs should not place any strain on any other public services or
3 infrastructure-
4 Staff has also concluded that there is sufficient parking available on site to meet
5 County parking standards.
6
7 CONCLUSIONS OF LAW
8 Procedural:
9
1. Authority of Hearing Examiner. MCC 15.03.050(J) provides the
10 Examiner with the authority to review and act upon shoreline substantial development
permit applications.
11
12 Substantive:
13 2. Zoning and Shoreline Master Program Designation. The area is zoned as
Rural Residential 5 or RR-5. The Shoreline Master Program environmental
14 designation is Urban.
15 3. Review Criteria and Application. MCC 1.03.029 governs ALQs in rural
16 lands. Under MCC 1.03.029, ALQs in rural lands shall be subject to a special use
permit unless they are located in the shoreline jurisdiction, in which case they are
17 subject to a shoreline permit. The proposed ALQ is within 200 feet of the shoreline
of Case Inlet, and therefore, shall be reviewed per the Shoreline Master Program
18 policies and use regulations. The review criteria for a Shoreline Substantial
19 Development Permit application are governed by Mason County Comprehensive
Plan, Chapter IX; Accessory living quarters, and under Mason County Code
20 17.50.060 Section entitled Residential Development - Accessory Living Quarters.
These criteria, in addition to miscellaneous criteria for all Hearing Examiner
21 decisions, are quoted and addressed below.
22 MASON COUNTY COMPREHENSIVE PLAN, Chanter IX: Accessory Living
23 Quarters. Accessory living quarters for the use of the guests, employees, or
immediate family members should be allowed as a substantial development when
24 minimal impact would occur to surrounding areas. The cumulative impact of like
structures on neighboring properties must be considered.
25
4. As conditioned, the Applicants will only be allowed to use the ALQ for
guests, employees or immediate family members. As determined in Finding of Fact
Administrative Appeal p. 3 Findings. Conclusions and Decision
(PA0828887.DOC;1\13009.900000\)
No. 5, there are no significant adverse cumulative impacts associated with the
I proposal.
MCC 17.50.060 - Use regulations for accessory living quarters. Accessory living
3 quarters are defined in this chapter as separate living quarters attached or detached
from the primary residence which contains less habitable area than the primary
4 residence. They are subject to the following criteria: (1) Only one accessory living
quarter per lot. In an urban environment, a lot must be 1-112 the size required for a
5 single family residence which totals 18,750 square feet. (2) Strict compliance with
6 current sewage setback and design standards as per WAC 248-76-090. (3) Minimal
impact on surrounding properties from view blockage, traffic, parking and drainage.
7 (4) Compliance with setback criteria. (5) Accessory living quarters shall require a
substantial development permit and shall not exceed 1,000 square feet.
8
5. The criterion quoted above is met. The proposal will result in no more
9 than one ALQ on the subject lot and the lot's 31,500 square foot area is more than 1.5
10 times greater than the 18,750 area required for the urban environment. The project is
compliant with septic setbacks as verified by staff and noted in the staff report. As
11 determined in the Findings of Fact, there are no significant adverse view impacts
associated with the proposal. As verified by staff and noted in the staff report the
12 project meets the shoreline setback requirements.
13
14 MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW
15 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review
proposed development according to the following criteria:
16
17 1. The development does not conflict with the Comprehensive Plan and meets
the requirements and intent of the Mason County Code, especially Title 6, 8, and 16.
18
2. Development does not impact the public health, safety and welfare and is
19 in the public interest.
20 3. Development does not lower the level of service of transportation and/or
21 neighborhood park facilities below the minimum standards established within the
Comprehensive Plan.
22
6. As indicated in the staff report, the project is consistent with the Mason
23 County Comprehensive Plan. It will not lower the level of service for transportation
or park facilities. In addition to requirements already addressed in the above
24 Conclusions of Law, the project, as conditioned, appears to be consistent with other
25 applicable requirements of the Mason County Code. It meets the requirements and
the intent of Title 6, 8 and 16 and, as discussed below, it meets the requirements of
MCC 17.03.029. As discussed in the findings of fact, as conditioned the project does
Administrative Appeal p. 4 Findings, Conclusions and Decision
{PA0828887.DOC;1\13009.900000\}
not create any significant adverse impacts. Consequently, the project does not impact
1 the public health, safety and welfare.
2 MCC 17.03.029 Accessory dwelling unit requirement.
3
In rural lands, accessory dwelling units (ADU) must meet the following requirements:
4
1. The ADU shall be subject to a special use permit, unless in the shoreline
5 jurisdiction, it is subject to a shoreline permit;
6 2. The owner of the ADU must reside on the lot in either the principal
7 residence or ADU;
8 3. The ADU shall be located within one hundred fifty feet of the principal
9 residence or shall be a conversion of an existing detached structure (i.e. garage);
10 4• The ADU shall not exceed eighty percent of the square footage of the
habitable area of the primary residence or one thousand feet, whichever is smaller;
11
5. All setback requirements must be met by the ADU,-
12
6All applicable health district standards for water and sewer must be met
13 by the ADU;
14
7. No recreational vehicles shall be allowed as ADU,-
15
8. Only one ADU is allowed on any property;
16
17 9. An additional off-street parking space must be provided for the ADU.
18 7. The project, as conditioned, is in compliance with MCC 17.03.029. The
application is for a shoreline permit. The owners of the lot will reside on the subject
19 parcel. The principal residence will be located 30 feet from the ALQ. The ALQ is
less than 1,000 square feet in size and will be less than 80% of the area of the
20 principal residence. As previously determined the ALQ meets all setback
21 requirements and as conditioned will meet all applicable health district standards for
water and sewer. This will be on the only ADU on the property. There is also
22 sufficient parking on the lot to accommodate a parking space for the ALQ. .
23 DECISION
24 The requested Substantial Shoreline Development Permit is approved subject to the
25 following conditions:
Administrative Appeal p. 5 Findings, Conclusions and Decision
{PA0828887.DOC;1\1 3009.900000\}
1. Use of the ALQ shall be limited to guests, employees, or immediate
1 family members of the occupants of the primary residence.
2 2. The ALQ shall comply with all applicable sewage design standards as per
3 WAC 248-76-090 prior to construction.
4 3. The owner of the ALQ shall demonstrate adequate water in compliance
5 with all County regulations prior to construction.
6 Dated this 8th day of May, 2012.
7
8
Kristen tounty
brechts
9 Mason Hearing Examiner
10
APPEAL
11
This decision is final and may be appealed to the Shoreline Hearings Board as
12 governed by Chapter 90.58 RCW.
13 CHANGE IN VALUATION
14
Notice is given pursuant to RCW 36.70B.130 that property owners who are affected
15 by this decision may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
16
17
18
19
20
21
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25
Administrative Appeal p. 6 Findings, Conclusions and Decision
{PA0828887.DOC;1\13009.900000\}
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Building III—426 west Cedar Street
P.O.Box 186, Shelton, WA 98584
(360)427-9670—Ext. 352
SHORELINE PERMIT APPLICATION
PERMIT NO. t�A P,20 L2_—COObESHORELINE,SUBSTANTIAL DEVELOPMENT
SHORELINE VARIANCE
DATE RECEIVED Z'Z�—L,� SHORELINE CONDITIONAL USE
SHORELINE EXEMPTION
The Washington State Shoreline Management Act (RCW 90.58) requires that substantial developments within
designated shorelines of the state comply with its administrative procedures(WAC 173-14)and the provisions of the
Mason County Shoreline Management Master Program. The purpose of this Act and local program is to protect the
state's shoreline resources. The program requires that substantial development(any development of which the total
cost or fair market value exceeds $5,718.00 or materially interferes with the normal public use of the water or
shorelines of the State be reviewed with the goals, polices, and performance standards established in the Master
Program.
Answer all questions completely. Attach any additional information that my further describe the proposed
development. Incomplete applications,will be returned.Victor 1 ctor 8 G g .6 I-1-.C-
ADDRESS: ( l53 f CLl orniryi Dr. 5, .
(street)
T1noWA;brr WA q 85D I
(city) (state) (zip)
TELEPHONE: 3(o b 7 PJ&' 9 2 5 9
(home) (business)
AUTHORIZED REPRESENTATIVE: SWA.l t t — A. W41
ADDRESS: 5 25 1 i t o
(street)
0 �rnf2
(city) (state) (zip)
TELEPHONE: ,34e o 53,T—51 7 5
PROPERTY DESCRIPTION:
General location(include property address,water body and associated wetlands—identify the name of the
shoreline): fe 4020 Hwu 3G2
1�G fur G45B Inlat
Legal description (include section, township, and range to the nearest quarter, quarter section or latitude and
longitude to the nearest minute. Projects located in open water areas away from land shall provide a longitude
location)—include all parcel numbers:
001 a0
Parcel o• 1- `3�l�} �—,
Tkoice ' 12. of Gov- J-o t 3 . veG. 21. T 22. 1�
OWNERSHIP: Contract
Applicant Owner X Lessee Purchaser (Identify) Other
Owner:
N at-o r ff2&ac6 LA-C.
1 15 3 Pa�on���D Dr. 5E
(street)
`C"u mwatt_1- WAN 9 8 5 a 1
(city) (state) (zip)
DEVELOPMENT DESCRIPTON
Development(identify and describe the proposed project, including the type of materials to be used,construction
methods,principle dimensions,and other pertinent information):
cce Dwe_lllf-�A Ll.nit Z s �.
t-an a v `o►-1 L':CAar
come, 5"ll eA
DIMS :: 32' X Varies -24'-y01
Use(identify current use of property with exist improvements:
ExiSi i r�g Single. faxndq knmc, -yj/ a. car
Reason for requesting development:
C"in 4�r e-,hi 1JrCn
ACKOWLEDGEMENT
I hereby declare, to the best of my knowledge and belief, the forgoing information and all attached information is
true and correct.
4 •23 • 12
(applicant or authorized rep entative) (date)
I:\PLANNINGICHARELL&RENEE/SHORELINEPERMIT.APP REVISED: 01-05-2005
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
V y
OWNER
J�'1Gt lam �. 'rti W A� �rGh;tCGtS
APPLICANT
PUBLIC NOTICECOVER SHEET
TO: The Mason County Journal (FAX #: 426-9399)
FROM: Mason County Planning Department FAX #: 427-8425
DATE: March 5, 2012
Please publish the attached:
Notice of Request for Shoreline Management Permit (Victor Beach LLC).
On the following day(s):
March 8, 2012 and March 15, 2012
Please keep the Affidavit of Publication for the Mason County Planning
Department to pick up from your office, and send 1 copy to the following:
Swalling Walk Architects (attn. Sheila Swalling)
525 Columbia St. NW Suite 201
Olympia, WA 98501
Please send a bill for the publication cost of this public notice to:
Swalling Walk Architects (attn. Sheila Swalling)
525 Columbia St. NW Suite 201
Olympia, WA 98501
Sincerely,
Allan Borden, Senior Planner
Mason County Department of Community Development
Phone: 427-9670, ext. # 365
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
P O Box 279
Shelton, WA 98584
914 (360)427-9670
SHORELINE PERMIT
Case No.: SHR2012-00005 STATUS: ISSUED
Received: 2/27/2012 Issued: 5/16/2012 Expires: 5/16/2014
Tvr)e of Permit: Sub. Dev.
Applicant: VICTOR BEACH LLC
1153 PALOMINO DR SE
TUMWATER, WA 98501
Location of Project:
Within CASE INLET and/or its associated wetlands. The projectwill not be
within shorelines of statewide significance.
Shoreline Designation: Rural
Parcel Number: 122213100120
Address: 4020 E STATE ROUTE 302 BELFAIR
Legal Description: TR 12 OF GOUT LOT 3 SEE BLA #91-92 525358
Project Description: ACCESSORY DWELLING UNIT
CONDITIONS:
1) Use of the accessory living quarters shall be limited to guests, employees or immediate family
members of the occupants of the primary residence.
2) The accessory living quarters shall comply with all applicable sewage design standards as per
WAC 248-76-090 prior to construction.
3) The owner of the accessory living quarters shall demonstrate adequate water supply in compliance
with all County regulations prior to construction.
This permit has been granted by Mason County persuant to the Shoreline Management Act of 1971
and nothing in this permit shall excuse the applicant from compliance with any other federal, state or
local statutes, ordinances or regulations applicable to this project but not inconsistent with the
Shoreline Management Act. (Chapter 90.58 RCW).
This permit may be rescinded pursuant to RCW 90.58.140(7) in the event the permittee fails to
comply with the terms and conditions hereof.
SHR2012-00005 Page 1 of 1
-STATFo� MASON COUNTY
N,o DEPARTMENT OF COMMUNITY DEVELOPMENT
O A U N
i oT 2 Planning Division
o " Y o~ P O Box 279, Shelton, WA 98584
1864 (360)427-9670
Case No.: SHR2012-00005 SHORELINE PERMIT REQUEST
Received: 2/27/2012
Type of Permit: Sub. Dev,
Applicant: VICTOR BEACH LLC
1153 PALOMINO DR SE
TUMWATER, WA 98501
Location of Project:
Within CASE INLET and/or its associated wetlands. The project will not
be within shorelines of statewide significance.
Shoreline Designation: Rural
Parcel Number: 122213100120
Address: 4020 E STATE ROUTE 302 BELFAIR
Legal Description: TR 12 OF GOUT LOT 3 SEE BLA #91-92 525358
Project Description: ACCESSORY DWELLING UNIT
No permit authorizing construction shall extend for a term of more than five (5) years. If actual
construction of a development for which a permit has been granted has not begun within two years
after the approval of the permit by the Board of County Commissioners, the Board shall, at the
expiration of the two-year period, review the permit, and upon a showing of good cause, extend the
permit for one year. Otherwise, the permit terminates; provided that no permit shall be extended
unless the applicant has requested such review and extension prior to the last regular meeting of the
Board coming before the permit exipration date.
Approved:
< < C � � C
Denied: ❑
Authorized Local Government Official Date
THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A
CONDITIONAL USE OR VARIANCE PERMIT.
Approved: ❑ Date received by Department of Ecology:
Denied: ❑
This permit is approved by the Department of Ecology pursuant to Chapter 90.58 RCW.
Development shall be undertaken pursuant to the attached terms and conditions.
Date Authorized Dept. of Ecology Official
SHR2012-00005 Page 2 of 2
Shoreline Management Act
Permit Data Sheet and Transmittal Letter
From: To:
Mason County Planning WA State DOE - SW Regional Office
P.O. Box 279 P.O. Box 47775 - attn: Shoreline Permit Reviewer
Shelton, WA 98584 Olympia, WA 98504
Date of Transmittal: `FJ fy Date of Receipt: (DOE)
Type of Permit: (indicate all that apply)I Substantial Development Conditional Use ❑
Variance ❑ Revision ❑
Other
Local Government Decision: Approval ❑ Conditional Approval Denial ❑
Applicant Information: Applicant Representative: (if primary contact)
Name P-e+� �� Name
Mailing Addres D oofvl� Mailing Address
City, State. zip V t t a WA qg SO1 City, State, Zip
Phone 37 Phone
Emai : LJ(c ✓ � Email
5+o x cote a n e
Is applicant the property o ner? Yes No "�CA i
Property Location: (section,Township and Range to the nearest Y,,Y,Section of Latitude and Longitude,and a street address where
available)� 22� n c
w j�. 4 7 `� ��-dWie�s [.o �-D 7� � S'f�,�e l;-E-e 302-
/
/�,,�Q y�to�, L Shoreline of Statewide
Waterbod : 6a Significance? ❑ YES O
Shoreline Designation: O�/'Vn
i " Tax Parcel Number: ZZZI �J 00 1 7-16
Project Description: (Summary of the inten ed use or project purpose)
e eGa viuf R?z ,�+Io i 2--P GoceG (
Notice of Application Date: 03 ` zety Final Decision Date:
By: _-.Al twt&(14RA_ Phone: �rx 4a7 q6-W okef. ms-
I:PLANNING\PAC\FORMS\SMPdatasheet 10-28-2008
STATg 0
o b �
9
1889
STATE OF WASHINGTON JUN 0 4 2012
DEPARTMENT OF ECOLOGY MASON CO.
PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300 PLANNING DIT.
May 31, 2012
Peter Overton
PO Box 2453
Olympia, WA 98507
Re: Mason County Permit SHR2012-00005 -Approved
Peter Overton- Applicant
Shoreline Substantial Development Permit(SDP) #1078
Dear Mr. Overton:
On May 25, 2012, the Department of Ecology received notice that Mason County approved your
application for an SDP. Your permit is for an accessory dwelling unit, 972 square feet in size,
located south of the primary residence within shoreline jurisdiction of Case Inlet.
By law, local governments must review all SDPs for compliance with:
• The Shoreline Management Act(Chapter 90.58 RCW)
• Ecology's Substantial Development Permit approval criteria(Chapter 173-27-150 WAC)
• The Mason County Local Shoreline Master Program
Local governments, after reviewing SDPs for compliance, are required to submit them to
Ecology. Your approved SDP has been received by Ecology.
What Happens Next?
Before you begin activities authorized by this permit, the law requires you wait at least 21 days
from May 25, 2012,the "date of filing". This waiting period allows anyone (including you)who
disagrees with any aspect of this permit, to appeal the decision to the state Shorelines Hearings
Board. You must wait for the conclusion of an appeal before you can begin the activities
authorized by this permit.
The Shorelines Hearings Board will notify you by letter if they receive an appeal. We
recommend you contact the Shorelines Hearings Board before you begin permit activities to
ensure no appeal has been received. They can be reached at(360) 664-9160 or
http://www.eho.wa.gov/
If you,want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at
the Shorelines Hearings Board website above. They are also posted on the website of the
Washington State Legislature at: http://apps.leg.wa.gov/wac.
� - 0,
Other federal, state and local permits may be required in addition to this shoreline permit.
If you have any questions about this letter, please contact me at(360) 407-6221.
SinSzw4y,
Rick MrazLSpecialist
Shorelands and Environmental Assistance Program
cc: Allan Borden, Mason County
May 16, 2012
NOTICE OF FINAL DECISION
Case Number: SHR2012-00005 —Shoreline Substantial Development Permit for Victor
Beach LLC's Accessory Dwelling Unit.
Notice is hereby given that Victor LLC, applicant for the above referenced Shoreline
Substantial Development,has been granted conditional approval for the project. The
Decision was dated May 8, 2012 and approves the permit by the Hearing Examiner.
The request for the Shoreline Substantial Development Permit was approved pursuant to
the Mason County Shoreline Master Program and Development Regulations.
If you have any questions or require clarification on this issue,please contact Allan
Borden, Planner with the Mason County Department of Community Development at
(360)427-9670, x 365.
This is a final decision.No further appeals to the County are available. Appeals may be
made to the appropriate state administrative agency or superior court pursuant to RCW
36.70C. It is the appellant's responsibility to meet all legal requirements of any appeal
process.
Time Limit for Action. Per the Mason County Code Title 15—Development Code -No
permit authorizing construction shall extend for a term of more than five years. If actual
construction of a development for which a permit has been granted has not begun within
two years after the approval,the Hearing Examiner shall review the permit and upon a
showing of good cause, may extend the initial two year period by permit for one year.
Otherwise,the permit terminates; PROVIDED that no permit shall be extended unless the
applicant has requested such review and extension before the Hearing Examiner PRIOR
to the expiration date. Work must begin by May 16, 2014. Permit expires May 16, 2017.
CASEINDEX
Victor Beach LLC Accessory Dwelling Unit Shoreline Permit
SHR2012-00005
Exhibit# Date Description
1 Aril 24, 2012 Staff Report
2 February 27, 2012 Shoreline Permit Application and Site Plan
3 March 12, 2012 Proposal North Bay Case Inlet Area Ma
4 March 12, 2012 Vicinity Aerial with parcel numbers
5 March 12, 2012 Site Aerial
6 March 5, 2012 Notice of Application
7 Aril 10, 2012 Affidavit of Posting
8 Aril 1, 2012 Nickerson comment letter
Victor Beach ADU SHR2012-00005 case index.doc
Mason County
Department of Planning
Building I * 411 N. 5th Street * P.O. Box 279
Shelton, Washington 98584
TO: Mason County Hearing Examiner
FROM: Mason County Department of Community Development
STAFF: Allan Borden—Senior Planner; 360.427.9670 x 365
RE: Mason County Shoreline Substantial Development Permit for an Accessory
Living Unit(SHR2012-00005).
HEARING DATE: April 24, 2012
STAFF REPORT
I. Introduction: This report evaluates an application for an Accessory Living Unit on the east
shore of North Bay Case Inlet. Such development within 200 feet of any shoreline require a
Shoreline Substantial Development permit under the Mason County Shoreline Master Program.
Staff finds the proposal is consistent with the review criteria from the Mason County
Shoreline Master Program and Mason County Development Regulations.
II. Applicant: Victor Beach LLC/Peter Overton .
III. Authorized Representative: Sheila Swalling, Swalling Walk Architects
IV. Property Location: 4020 E State Route 302, Belfair, WA. The site is within the SW '/4 of
Section 21, Township 22 N.,Range 01 W., W.M.; Parcel# 12221-31-00120.
V. Project Description: The proposal (Exhibit 2) is to construct in the near future an accessory
residence(972 sq. ft. footprint in size)to the south of an existing primary residence (2072 sq.
ft. in area) built in 1989. Rural Residential 5 zoning limits any lot less than 5 acres to having
one dwelling,unless the second has been permitted as an Accessory Dwelling Unit. This
application serves to make the proposed dwelling a legal conforming Accessory Dwelling Unit.
VI. Evaluations:
A. Characteristics of the area.
Located on the east shore of North Bay Case Inlet(Exhibit 3),most of the nearby
waterfront lots are already developed as residential uses and the lots are of varying sizes
and widths (Exhibits 4). The shoreline properties have decks and landscaping on the
shoreline of the residences, and most properties have attached or detached garages accessed
by driveways.
B. Characteristics of the site.
This saltwater lot is level at the shoreline and has a 10 percent slope in the east half(Exhibit
2 plans). The property currently contains an existing primary residence(2072 sq. ft. in area)
with an attached two-car garage built in 1989, a sewer system connection, and a residential
well (Exhibit 5). The existing residence is 25 feet from the Ordinary High Water Mark
SFMO12-00005 Page 1 of 4
(OHWM)of Case Inlet(a deck extends to 20 feet from the OHWM). The proposed
accessory residence will be located 35 feet from the OHWM of Case Inlet, in an area that is
currently landscaped. Parking for the owner and family will be situated between the
primary residence and proposed accessory dwelling.
C. Shoreline Designate. Urban.
D. Comprehensive Plan Designation/Zoning. The Mason County Comprehensive Plan
designation for the site is Rural and the zoning is Rural Residential 5.
VII. SEPA Compliance: The project is SEPA exempt per WAC 197-11-800 (1)(b)(i).
VIII. Other Permits/Approvals: The proposal also requires a Mason County Building Permit,
which is not yet submitted,pending the decision of this Shoreline Permit request.
IX. Public Notice: A Notice of Application and Public Hearing (Exhibit 6)was posted in the post
office and on site on April 4, 2012. It was mailed to neighboring property owners on March
23, 2012 and published for two weeks in Shelton Mason County Journal on March 8 and 15,
2012 (Exhibit 7). One comment in support to the Public Notice has been received(Exhibit 8).
X. Analysis.
A. Mason County Code, Title 17.50 Zoning—Shoreline Master Program Use Regulations:
Accessory living quarters are defined as "Separate living quarters, attached or detached
from the primary residence, which contain less habitable area than the primary residence
which are used by guests, employees, or immediate family members of the occupant of the
primary residence;provided no accessory living quarters shall be rented or leased, and are
subject to all Health department requirements." They are subject to the following criteria:
1. Only one accessory living quarters per lot. In an urban environment, a lot must be 1-1/2
the size required for a single family residence which totals 18,750 square feet.
Staff Response: The proposed structure would be the only accessory living quarters
on the lot(Exhibit 2). The lot size is approximately 31,500 sq.ft. area (200 ft. deep by
160 ft. wide) and exceeds the noted minimum size requirement.
2. Strict compliance with current sewage setback and design standards per WAC 248-76-090.
Staff Response: Mason County Environmental Health review standards require
structures to be 10 feet or more from the sewer system components for consistency with
state environmental health standards, and the proposed accessory structure will be
sited accordingly. If approved, the sewer connection on this property shall have the
capacity to serve both residences.
3. Minimal impact on surrounding properties from view blockage,traffic, parking and
drainage.
Staff Response: Since the proposed accessory residence is 35 feet from the shoreline
OHWM, the proposal should have minimal to no impact on views (Exhibit 2 plans).
The parcel is relatively wide (160 to 170 feet at shoreline setback) and contains
sufficient parking area adjacent the existing residence and driveway (Exhibit 5). The
proposed structure should not impact views from adjacent properties, or cause traffic
problems or need for additional off-site parking.
SHR2012-00005 Page 2 of 4
4. Compliance with setback criteria.
Staff Response: The existing primary residence and proposed accessory residence
shall meet the proper side,front, and shoreline setback requirements.
5. Accessory living quarters shall require a Substantial Development Permit and shall not
exceed 1,000 square feet.
Staff Response: The 972 sq.ft. accessory dwelling unit proposed to the south of the
primary residence meets this size requirement. The Shoreline Substantial Development
Permit Application to review for the proposed accessory dwelling unit is enclosed as
Exhibit 2.
B. Mason County Development Regulations This proposal requires a Shoreline Substantial
Development Permit or Special Use Permit per the requirements of the Mason County
Development Regulations on Accessory Dwelling Units, M.C.C. 17.03.029.
The applicable Development Regulations standards are:
A. The Accessory Dwelling Unit shall be subject to a special use permit, unless in the
shoreline jurisdiction it is subject to a shoreline permit.
The Shoreline Substantial Development Permit review is the subject of this public
hearing for this North Bay Case Inlet shoreline property.
B. The owner of the Accessory Dwelling Unit must reside on the lot in either the
principal residence or Accessory Dwelling Unit.
The owner is residing in the principal residence on the property.
C. The Accessory Dwelling Unit shall be located within 150 feet of the principal
residence or shall be a conversion of an existing detached structure(i.e. garage).
The primary residence and garage (the existing structure) is 30 feet north of the
proposed accessory dwelling unit situated at 35 feet from the Case Inlet shoreline.
D. The Accessory Dwelling Unit shall not exceed 80%of the square footage of the
habitable area of the primary residence or 1,000 square feet, whichever is smaller.
The size of the Accessory Dwelling Unit is 972 sq.ft in habitable area; the primary
residence is 2,070 sq.ft in habitable area with a two car garage.
E. All setback requirements must be met by the Accessory Dwelling Unit.
The proposed residence structure is 5 feet from the south property line, 85 feet from
the front property line, and 30 feet from the existing primary residence (Exhibit 2).
F. All applicable health district standards for water and sewer must be met by the
Accessory Dwelling Unit.
The proposed Accessory Dwelling Unit will contain one bedroom and one bathroom
and have service from the on-site private well and proper sewer connections.
G. No recreational vehicles shall be allowed as Accessory Dwelling Units.
The proposed Accessory Dwelling Unit structure will not be a recreational vehicle.
H. Only one Accessory Dwelling Unit is allowed on any property.
The proposed small residence will be the only Accessory Dwelling Unit structure on
the property.
I. An additional off-street parking space must be provided for the Accessory Dwelling
Unit.
The parking area for the proposed Accessory Dwelling Unit will next to and behind
the existing structure.
The Accessory Dwelling Unit as proposed(972 sq.ft, living area) and the proposed
primary residence meet all of the above criteria A —I.
SHR2012-00005 Page 3 of 4
C. Comprehensive Plan Review:
Type III review for permit applications require that the Hearing Examiner evaluate the
proposal for consistency with the County's Development Code, adopted plans and
regulations. The Hearing Examiner shall review the proposal according to the following
criteria:
A. The development does not conflict with the Comprehensive Plan and meets the
requirements and intent of the Mason County Code, especially Title 6, 8 and 16.
Staff Response: The Comprehensive Plan encourages development of Accessory
Dwelling Units as well as affordable housing. Rural Residential 5 zoning does
allow for one accessory dwelling unit per parcel. The development of the
accessory residence along with the existing primary residence shall meet proper
Public Health sewage and water standards.
Section 17.03.029 of the Mason County Development Regulations contains nine
parameters (A-I) that an Accessory Dwelling Unit(ADU) must meet. This proposal
meets all nine requirements. The Mason County Shoreline Master Program has
five criteria that an AD must meet; the proposed detached structure meets these
five standards.
B. The development does not impact the public health, safety and welfare and is in the
public interest.
Staff Response: The development of the accessory residence along with the existing
primary residence as proposed with adequate services on the subject parcel should
not impact the public health, safety or welfare, and the proposal is not contrary to
the public interest for affordable housing in Mason County.
C. The development does not lower the level of service of transportation and/or
neighborhood park facilities below the minimum standards established within the
Comprehensive Plan.
Staff Response: The existing primary residence and proposed accessory dwelling unit
will not significantly affect public transportation or traffic conditions in the vicinity
of this North Bay Case Inlet property, nor affect local neighborhood park facilities.
XI. Conclusions. As proposed,the project has been subject to the standards of the Mason County
Development Regulations, County Code, Shoreline Master Program, and Comprehensive Plan.
Staff finds the Shoreline Substantial Development Permit for the Accessory Living Unit
by Victor Beach LLC is consistent with the review criteria from the Mason County
Shoreline Master Program and Mason County Development Regulations.
Consider a decision condition: an approved connection to the sewer system and adequate
water connection be provided to the proposed development prior to construction of the
Accessory Living Unit.
XII. Choices of Action.
A. Approval of the request.
B. Denial of the request.
C. Conditional approval of the request.
D. Postpone the decision for further information.
SHR2012-00005 Page 4 of 4
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Building III-426 west Cedar Street
P.O.Box 186, Shelton, WA 98584
(360)427-9670-Ext. 352
SHORELINE PERMIT APPLICATION
PERMIT NO. �R7n Q_--00Cb ESHORELINE SUBSTANTIAL DEVELOPMENTSHORELINE , _
CE
DATE RECEIVED Z'Z7 -1_Z SHORELINE CONDITIONAL ONAL USE
SHORELINE EXEMPTION
The Washington State Shoreline Management Act (RCW 90.58) requires that substantial developments within
designated shorelines of the state comply with its administrative procedures(WAC 173-14)and the provisions of the
Mason County Shoreline Management Master Program. The purpose of this Act and local program is to protect the
state's shoreline resources. The program requires that substantial development(any development of which the total
cost or fair market value exceeds $5,718.00 or materially interferes with the normal public use of the water or
shorelines of the State be reviewed with the goals, polices, and performance standards established in the Master
Program.
Answer all questions completely. Attach any additional information that my further describe the proposed
development. Incomplete applications Victor
be returned.
APPLICANT: Vic` or i3 G aG6 1--.I,C
ADDRESS: 1 153 P6L 10m;n 4 Dr. 5.F-.
(street)
"rumwa.-brr WA `I 85D I
(city) (state) (zip)
TELEPHONE: 3(o 6 7 6(o 9 Z 5 9
(home) (business)
AUTHORIZED REPRESENTATIVE: Jc'WA. \AJAJ�-- A rc,6itGcts A. 5 WA11�'��(
ADDRESS: 5 25 ?Ql i4 St o J
(street)
O 1 1A rnpie-,. k 850
(city) J (state) (zip)
TELEPHONE: &.0 531-5) 7.5
PROPERTY DESCRIPTION:
General location(include property address,water body and associated wetlands—identify the name of the
shoreline):
402-0 HwH 30Z
C aye I n l at
Legal description (include section, township, and range to the nearest quarter, quarter section or latitude and
longitude to the nearest minute. Projects located in open water areas away from land shall provide a longitude
location)—include all parcel numbers:
001 .z 0
` ,Cram' ►2 04- GOV 1-ot 3 . veG. .211, 12.2.
OWNERSHIP: Contract
Applicant Owner X Lessee Purchaser (Identify) Other
Owner:
into r
115 3 Pa>.arn��� Dr. SE
(street)
mwatU' \hJJF�J 98501
(city) (state) (zip)
DEVELOPMENT DESCRIPTON
Development(identify and describe the proposed project, including the type of materials to be used, construction
methods, principle dimensions,and other pertinent information):
CCe or 5-C.
Corny, skmjleA
DIMS � 32' X Va-ri tS -Z 4'"1 D�
Use(identify current use of property with exist improvements:
Eyti5itirq Siogl e• "F r IN m lldl ca CCU' 1 a-rA'JC.
Reason for requesting development:
Ca.,bin � rk Jdrj✓n
ACKOWLEDGEMENT
I hereby declare,to the best of my knowledge and belief, the forgoing information and all attached information is
true and correct.
� •�3 . 12
(applicant or authorized rep entative) (date)
I:\PLANNINGICHARELL&RENEE/SHORELINEPERMIT.APP REVISED: 01-05-2005
CHRISTOPHER & GEORGIA YOUNG SUSAN & DANIEL MURPHY
15051 NE 144T" ST. 3990 E STATE ROUTE 302
REDMOND WA 98052 BELFAIR WA 98528
JILL D. HOLLAND HONHEIM FAMILY LP
c/o JILL GREER c/o ROELLE HOMHEIM
P.O. BOX 1594 4038 SOUNDVIEW DR. W.
STANWOOD WA 98292 UNIVERSITY PLACE WA 98466
JENNY NICKERSON CHARLES & BARBARA CHAMBERS
P.O. BOX 295 11507 S. ADAMS AVE.
GLENNSFERRY ID 83623 YUMA AZ 85365-6974
VICTOR BEACH LLC SWALLING WALK ARCHITECTS
1153 PALOMINO DR. SE attn: SHEILA SWALLING
TUMWATER WA 98501 525 COLUMBIA ST. NW STE. 201
OLYMPIA WA 98501
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MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
P.O. Box 279, Shelton,WA 98584
(360) 427-9670
SHR2012-00005 NOTICE OF SHORELINE MANAGEMENT PERMIT.
Notice is hereby given that Victor Beach LLC,who is the owner of the described property
below,has filed an application for a Shoreline Substantial Development Permit for the
development of-
The construction of a new accessory dwelling residence(972 sq. ft. area)
proposed to the south of an existing primary residence on a Victor area Case
Inlet property; this request is the review of a proposed small residence with
covered deck as this accessory dwelling unit on the subject 0.64-acre property.
Parcel Number: 12221-31-00120.
Site Address: 4020 E State Route 302, Belfair WA.
Location of Project: Along the east side of North Bay Case Inlet at 5 miles north and east of
Allyn; within the southwest '/4 of Section 21, Township 22 N., Range 1 W. in Mason County
Washington.
Said proposed development is subject to shoreline management permit review(M.C.C. 17.50) and
associated Mason County Development Regulations standards. Any person desiring to express their
view or to be-notified of the action taken on the application should notify in writing of their interest to:
MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
PO BOX 279
SHELTON,WA 98584
The comment period is at least 30 days from the final date of publication given pursuant to WAC 173-
14-020. The final date of publication,posting or mailing of notice is March 15, 2012.
The proposal is exempt from environmental review; per WAC 197-11-800(1)(c).
Written comments will be accepted up to the date of the Hearings Examiner public hearing Tuesday
April 24, 2012 at 1:00 PM. Contact this office at(360)427-9670, ext. 365 for further information.
�X!'l� ��f�
AFFIDAVIT OF POSTING NOTICE
STATE OF WASHINGTON )
) ss.
COUNTY OF MASON )
I, do hereby certify that I posted copies of
the attached in public places as follows:
one at sth of
one at Wk Sd r dnve,")'�
one at
In witness whereof, the party has signed this Affidavit of Posting Notice this day
of -' 20
By: bp b'
Address: �t� ��� �'�/ yV✓-a
STATE OF WASHINGTON )
) ss.
COUNTY OF MASON )
Subscribed and sworn to me this 0 �hday of , 20
SUSAN M. ELLINGSON ; Notary Public for the State of Wa ington
NOTARY PUBLIC l
STATE OF WASHINGTON Residing at
My commission Expires Apr.30,2015
L �
"- Commission Expires (�
RECEIVED
APR 0.5 2012
MASON
CO.. ,PLANNING DEPT.
April 1, 2012 )Crr 6 01 { V
Mason County Department of Community Development
ATTN: Mason County Hearings Examiner
P.O.Box 279
Shelton, WA 98584
RE: Shoreline Management Permit Application No. SBR2012-00005
Mason County Hearings Examiner,
As property owners in the immediate vicinity of the proposed accessory dwelling unit referenced
in Shoreline Substantial Development Permit Application No. SHR2012-00005, we would like to voice
our support for approval of the permit. The Victor area is a family-friendly recreation community and we
feel that the proposed living area for the applicant's family members is very much in keeping with the
desire to maintain the rural qualities of Victor, Case Inlet and State Route 302. Thank you for your time
and consideration.
Sincer
f
Roger and Jenny Nickerson
owners of 267 E. Victor Road
P.O. Box 295
Glenns Ferry,ID 83623
(360) 710-5702
RECEIVED
APR 0.5 2012
MASON CO. PLANNING DEPT.
April 1,2012
Mason County Department of Community Development
ATTN: Mason County Hearings Examiner
P.O. Box 279
Shelton, WA 98584
RE: Shoreline Management Permit Application No. SHR2012-00005
Mason County Hearings Examiner,
As property owners in the immediate vicinity of the proposed accessory dwelling unit referenced
in Shoreline Substantial Development Permit Application No. SHR2012-00005, we would like to voice
our support for approval of the permit. The Victor area is a family-friendly recreation community and we
feel that the proposed living area for the applicant's family members is very much in keeping with the
desire to maintain the rural qualities of Victor, Case Inlet and State Route 302. Thank you for your time
and consideration.
Sincer
Roger and Jenny Nickerson
owners of 267 E. Victor Road
P.O. Box 295
Glenns Ferry, ID 83623
(360) 710-5702
LIST OF ADJACENT PROPERTY OWNERS' MAILING ADDRESSES
WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES
Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor.
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MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
P.O. Box 279, Shelton,WA 98584
(360) 427-9670
SHR2012-00005 NOTICE OF SHORELINE MANAGEMENT PERMIT.
Notice is hereby given that Victor Beach LLC, who is the owner of the described property
below, has filed an application for a Shoreline Substantial Development Permit for the
development of:
The construction of a new accessory dwelling residence (972 sq. ft. area)
proposed to the south of an existing primary residence on a Victor area Case
Inlet property; this request is the review of a proposed small residence with
covered deck as this accessory dwelling unit on the subject 0.64-acre property.
Parcel Number: 12221-31-00120.
Site Address: 4020 E State Route 302, Belfair WA.
Location of Project: Along the east side of North Bay Case Inlet at 5 miles north and east of
Allyn; within the southwest '/4 of Section 21, Township 22 N., Range 1 W. in Mason County
Washington.
Said proposed development is subject to shoreline management permit review(M.C.C. 17.50) and
associated Mason County Development Regulations standards. Any person desiring to express their
view or to be notified of the action taken on the application should notify in writing of their interest to:
MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
PO BOX 279
SHELTON,WA 98584
The comment period is at least 30 days from the final date of publication given pursuant to WAC 173-
14-020. The final date of publication,posting or mailing of notice is March 15, 2012.
The proposal is exempt from environmental review; per WAC 197-11-800(1)(c).
Written comments will be accepted up to the date of the Hearings Examiner public hearing Tuesday
April 24, 2012 at 1:00 PM. Contact this office at(360) 427-9670, ext. 365 for further information.
PUBLIC NOTICE
NOTICE OF SHORELINE MANAGEMENT
PERMIT.
SH R2012-00005
Notice is hereby given that Victor Beach LLC, Affidavit of Publication
who is the owner of the described property below,
has filed an application for a Shoreline Substantial
Development Permit for the development of:
The construction of a new accessory dwell- STATE OF WASHINGTON 1 SS.
ing residence(972 sq.ft.area) proposed to the COUNTY OF MASON f
south of an existing primary residence on a
Victor area Case Inlet property; this request is Koleen Wood,being first duly sworn on oath deposes and says that she is the
the review of a proposed small residence with Clerk of the SHELTON-MASON COUNTY JOURNAL, a weekly newspaper.
covered deck as this accessory dwelling unit That said newspaper is a legal newspaper and it is now and has been for more
on the subject 0.64-acre property. than six months prior to the date of the publication hereinafter referred to,
Parcel Number: 1 2221-31-00000. published in the English language continuously as a weekly newspaper in
Site Address: 4020 E State Route 302, Belfair SHELTON, Mason County, Washington, and it is now and during all of said
WA. time was printed in an office maintained at the aforesaid place of publication of
Location of Project: Along the east side of North . said newspaper. That the said SHELTON-MASON COUNTY JOURNAL was
Bay'Case Inlet at 5 miles north and east of Allyn; - on the 9th day of August, 1941,approved as a legal newspaper by the Superior
within the southwest'/4 of Section 21,Township 22 I Court of said Mason County.
N., Range 1 W.in Mason County Washington.
Said proposed development is subject to shore- That the annexed is a true copy of a Notice of Shoreline Memt Permit
line management permit review(M.C.C. 17.50)and
associated Mason County Development Regula- SHR2012-00005-victor Beach
tions standards. Any person desiring to express
their view or to be notified of the action taken on 4938-Swallina Walk
the application should notify in writing of their inter-
est to: as it was published in regular issues and not in supplement form of said
MASON COUNTY DEPARTMENT OF COM-
MUNITY DEVELOPMENT newspaper once each week for a period of two
PO BOX 279 consecutive weeks,commencing on the
SHELTON,WA 98584
The comment period is at least 30 days from 8th day of March 2012,and ending on the
the final date of publication given pursuant to WAC
173-14-020. The final date of publication, posting 15th day of March 2012,both dates inclusive,
or mailing of notice is March 15,2012. and that such newspaper was regularly distributed to its subscribers during all of
The proposal is exempt from environmental re- the said period.That the full amount of the fee charged for the
view;per WAC 197-11-800(1)(c).
Written comments will be accepted up to the foregoing publication is the sum of$ 270
date of the Hearings Examiner public hearing Tues-
day April 24, 2012 at 1:00 PM. Contact this office
at(360)427-9670, ext.365 for further information.
4938 3/8-1 5 2t Su cribed and sworn to before me this 1 th day of March,2012.
Notary Public in and for the State of Washingtofi
Residing at Shelton,Washington
DONNA K I N N A I R D My commission expires March 14.2016.
NOTARY PUBLIC ;
STATE OF WASHINGTON
My commission Expires Mar.14,2016
L...........................�
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