Loading...
HomeMy WebLinkAboutSHR2008-00018 Garage Conversion Hearing - SHR Letters / Memos - 2/24/2009 February 24, 2009 Notice of Decision HUSTON Case: SHR2008-00018 Applicant: Mark and Debbie Huston Notice is hereby given that Mark and Debbie Huston who are the applicants for the above-referenced Shoreline Substantial Development permit request, has been granted the Permit. The request was approved pursuant to the Mason County Shoreline Master Program, specifically for the conversion of a garage to Accessory Living Quarters. This is a final County decision. No further appeals to the County are available. Appeal may be made to Shoreline Hearings Board or the appropriate administrative agency as regulations apply. It is the appellant's responsibility to meet all legal requirements of any appeal process. If you have questions or require clarification on these issues please contact Mason County Planning Department at 360-42 7-96 70. 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY n 2 n m Phil 01brechts,Hearing Examiner 0 a 3 RE: Mark and Debbie Huston 4 Z cm c 5 Shoreline Substantial FINDINGS OF FACT, CONCLUSIONS ca Development Permit OF LAW AND FINAL DECISION 6 #SHR2008-00018 C. 7 8 INTRODUCTION 9 The Applicants have applied for a shoreline substantial development permit for an accessory living quarters (ALQ). The Examiner approves the application with 10 conditions. II ' ORAL TESTIMONY 12 13 Rebecca Hersha, staff, admitted Exhibit 7 into the record, an e-mail from Joene Lott to Monty Cobb dated 1/11/09. Ms. Hersha noted that this is an after-the-fact permit 14 application for the conversion of a garage to an accessory dwelling unit. She noted that a sign on the property advertises the dwelling unit for rent and that it is advertised 15 on-line for rent as well. She noted that there is also a dwelling unit on an adjoining lot that the Applicants rent out as well. She stated that the Applicants do not live on 16 the primary residence, although it appears to be a vacation home for the Applicants. 17 Mark Huston, Applicant, testified that Exhibit 7 was inaccurate in the assertion that i8 the Lotts live adjacent to the subject property. Mr. Huston stated that he owns another parcel of property that separates his proposed ALQ from the Lott property. 19 He said he bought the subject property in 2005 and that the garage was converted to 20 an ALQ before he purchased it. He said he used to rent the ALQ before last summer until he found out he could not rent it. He said that he is renting out the dwelling unit 21 on the adjoining parcel. He noted that he does not live on the subject property year round. 22 Joene Lott, neighbor, stated that the Huston lots are directly adjacent to her property. 23 She stated that if the ALQ is authorized, there will be an enforcement problem due to 24 credibility issues. She stated that the proposed ALQ is currently for rent as transient housing. She stated that several development activities have occurred on the property 25 without required permits. Administrative Appeal P. 1 Findings, Conclusions and Decision I PA0720084.DOC;1/13009.900000/) Bill Cappelletti, neighbor, testified that he objected to a commercial operation in his 1 neighborhood. 2 In rebuttal, Mr. Huston stated that no permits were required for the development 3 activities he conducted on his parcel. He said that the "for rent" sign on his property advertised "cottages" as a hold-over from when he did rent the ALQ on the subject 4 property and that he keeps the sign there because it is good advertising for the cottage 5 he can rent on the adjacent parcel. The same applies to the website. 6 Joene Lott noted that Mr. Huston could easily edit his webpage to make it current and take off the ALQ as available for rent. Mr. Huston said he could cancel the ad today 7 if that would make people happy. 8 EXHIBITS 9 See "Exhibits" attached to the staff report by Rebecca Hersha dated January 5, 2009, 10 for the subject application. In addition, the following exhibits were admitted during the hearing: 11 Exhibit No. 7. Email from Joene Lott to Monty Cobb dated 1/11/09. 12 Exhibit No. 8. Guest cottage advertisement located at 13 http://www.vrbo.com/91055 (referenced in Ex. 8). FINDINGS OF FACT 14 Procedural: 15 16 1. Applicant. The Applicants are Mark and Debbie Huston. 17 2. Hearing. The Hearing Examiner conducted a hearing on the application on January 13, 2009, at 1:00 p.m., in the Mason County Board of Commissioners 18 Meeting Chambers. 19 Substantive: 20 3. Site/P=osal Description. The application is for an after-the-fact 21 Shoreline Substantial Development permit under the Mason County Shoreline Master Program for the conversion of a detached garage to an ALQ. The garage is 576 72 square feet and the primary residence is 890 square feet. The subject property abuts 23 Case Inlet. Aside from a couple trees, the subject lot consists primarily of lawn. The ALQ and primary dwelling are both within 200 feet of the Case Inlet shoreline. The 24 subject lot is 19,400 square feet in area. The ALQ is 42 feet from the primary residence and 11.5 feet from the side property line. 25 Administrative Appeal p. 2 Findings, Conclusions and Decision {PA0720084.DOC;1/13009.900000/} 4. Characteristics of the Area. The subject lot is located on the west shore of 1 Case Inlet. The surrounding area consists of similarly sized waterfront lots. The 2 upland side of the road is steeply sloped and contains larger residential lots. 3 5. Adverse Impacts of Proposed Use. Neighbors expressed concern about the commercial nature of the rental activities for the two dwellings on the subject lot 4 and the adjoining lot. Signs and web advertisements indicate that at least at one time all three homes were rented out. As shall be discussed below, the ALQ regulations 5 prohibit the rental of the ALQ and, in this case, the primary residence as well. To 6 facilitate enforcement, advertising these units for rent shall also be prohibited. With these restrictions, imposed as conditions of approval, the single-family character of 7 the area should be sufficiently maintained. 8 CONCLUSIONS OF LAW 9 Procedural: 10 1. Authority of Hearing Examiner. MCC 15.03.050(J) provides the 11 Examiner with the authority to review and act upon shoreline substantial development 12 permit applications. 13 Substantive: 14 2. Zoning and Comprehensive Plan Designation. The area is zoned as Rural 15 Residential 5 or RR-5. The Shoreline Master Program environmental designation is Urban. The Mason County Comprehensive Plan designation for the site is Rural. 16 3. Review Criteria and Application. MCC 1.03.029 governs accessory 17 dwelling units (including ALQs) in rural lands. Under MCC 1.03.029, accessory dwelling units in rural lands shall be subject to a special use permit unless they are i8 located in the shoreline jurisdiction, in which case they are subject to a shoreline 19 permit. The proposed ALQ is within 200 feet of the shoreline of Case Inlet, and therefore, shall be reviewed per the Shoreline Master Program policies and use 20 regulations. The review criteria for a Shoreline Substantial Development Permit application are governed by Mason County Comprehensive Plan, Chapter IX; 21 Accessory living quarters, and under Mason County Code 17.50.060 Section entitled Residential Development - Accessory Living Quarters. These criteria, in addition to 22 miscellaneous criteria for all Hearing Examiner decisions, are quoted and addressed 23 below. 24 MASON COUNTY COMPREHENSIVE PLAN, Chapter IX: Accessory Living Quarters. Accessory living quarters for the use of the guests, employees, or 25 immediate family members should be allowed as a substantial development when minimal impact would occur to surrounding areas. The cumulative impact of like structures on neighboring properties must be considered. Administrative Appeal p. 3 Findings, Conclusions and Decision 1 PA0720094.DOC;1/13009.900000/1 1 4. As conditioned, the Applicants will not be able to rent the ALQ, ensuring 2 that it is only used by guests, employees or immediate family members. In order to comply with other ALQ requirements, the Applicants will also be restricted from 3 renting out the primary residence on the subject lot. This will help maintain residential character despite the renting out of the adjoining property. 4 MCC 17.50.060 - Use regulations for accessory living quarters. Accessory living 5 quarters are defined in this chapter as separate living quarters attached or detached 6 from the primary residence which contains less habitable area than the primary residence. They are subject to the following criteria: (1) Only one accessory living 7 quarter per lot. In an urban environment, a lot must be 1-112 the size required for a single-family residence which totals 18,750 square feet. (2) Strict compliance with 8 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. (4) Compliance with setback criteria. (5) Accessory living quarters shall require a 10 substantial development permit and shall not exceed 1,000 square feet. 11 5. The proposal will result in no more than one ALQ per lot. The shoreline designation for the lot is Urban and the lot exceeds the minimum 18,750 square feet 12 required for urban lots. The project will be conditioned for compliance with sewer setbacks as verified by Mason County Environmental Health. According to staff the 13 site already has sufficient parking for an ALQ, and the traffic impacts of one 14 additional dwelling unit would be minimal. As a conversion of an existing garage, the project will have no impact on views. The staff report also suggests that the ALQ 15 complies with side-yard setbacks as a valid nonconforming use. 16 MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW 17 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 18 proposed development according to the following criteria: 19 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. 20 1 2. Development does not impact the public health, safety and welfare and is in the public interest. 22 3. Development does not lower the level of service of transportation and/or 23 neighborhood park facilities below the minimum standards established within the Comprehensive Plan. 24 25 6. As indicated in the staff report, the project is consistent with the Mason County Comprehensive Plan and will not lower the level of service for transportation or park facilities. Mason County Comprehensive Plan Policy H-109 encourages the Administrative Appeal p. 4 Findings, Conclusions and Decision {PA0720084.DOC;1/13009.900000/1 allowance for accessory dwelling units in all single-family zoning districts. In 1 addition to requirements already addressed in the above Conclusions of Law, the project, as conditioned, appears to be consistent with other applicable requirements of the Mason County Code. It meets the requirements and the intent of Title 6, 8 and 16. 3 The project will be conditioned for acquisition of all required development permits and septic review to meet applicable development standards. 4 Due to the history of ALQ noncompliance issues with the property and the continued 5 advertising for the rental of the ALQ, the neighbors have a valid concern over future 6 code compliance, and approving the project without addressing code compliance would not be in the public interest. In order to assist in code compliance, all current 7 advertising of the ALQ for rent (the driveway sign and the web page) shall cease and any further advertising of the ALQ is prohibited. 8 MCC 17.03.029 provides nine additional criterion for accessory dwelling units. Eight 9 of these criterion are easily met: the ADU is located within 150 feet from the primary 10 residence; the size of the ADU is less than 1000 square feet and is less than 80% of the primary residence; the ADU meets applicable setbacks; the building permit 11 review process for the ADU will include review of applicable health district standards for water and sewer; the structure is not a recreational vehicle; only one ADU will 12 result from the project; and adequate parking is already located on the subject 13 property. 14 The one difficult 17.03.029 criteria to apply is MCC 17.03.029(2), which requires the owner of the ALQ to reside on the principal residence or the ALQ. The owners of the 15 subject ALQ uses the primary residence as a vacation home, or at least do not use the primary residence as their primary residence. Unlike some accessory dwelling 16 regulations, those of Mason County do not require any kind of caretaker relationship between the residents of the accessory dwelling unit and the primary residence, i.e., 1 accessory dwelling residents are not required to be elderly or disabled. Consequently, 18 the only remaining purpose that can be discerned for the requirement that the ALQ owners reside on the property is to avoid the creation of a mini-apartment house 19 complex within a single-family neighborhood. Of course, this purpose is not very well served if the owner simply resides on the property a short time every year and 20 leases it the rest of the time to others. At the same time, it must be recognized that 21 owners of single-family homes sometimes do rent out their homes while on vacation. There would be no reason to allow the Applicants' neighbors to engage in this 22 practice while prohibiting them simply because they own an accessory dwelling unit. The conditions of approval shall restrict the leasing of the home to one month per 23 year. 24 25 Administrative Appeal p. 5 Findings, Conclusions and Decision 1 PA0720084.DOC;1/13009.9000000 DECISION 1 2 The Hearing Examiner approves the requested Substantial Shoreline Development Permit as recommended in the Staff Report by Rebecca Hersha for SHR 2008-00018 3 with the following conditions: 4 1. The primary residence shall be leased no more than one month per year. Mason County staff may allow extensions of this time period for unusual and/or 5 unique circumstances that are likely not to repeat for more than one year. 6 2. All current advertisements for the ALQ shall cease within 30 days of this 7 Decision, and any additional advertisements for the rental of the ALQ are prohibited. Any advertisement for the rental of the primary residence shall identify the time 8 periods for which the primary residence are available, which shall be limited to the 9 amount of time specified in Condition 1 above. 10 3. Applicants must acquire a building permit or change of use permit for the conversion to the ALQ. Applicants shall demonstrate during building permit review 11 that the proposed accessory living quarters meets applicable health district standards for water and sewer/septic, including all applicable sewer/septic setbacks. 12 13 4. The ALQ may not be rented for occupancy. 14 Dated this 17th day of February, 2009. 15 4a�a &� 16 tOftil A. Olbrechts 17 Mason County Hearing Examiner 18 19 20 21 23 24 25 Administrative Appeal p. 6 Findings, Conclusions and Decision {PA0720094.DOC;1/13009.900000/} 1948798 MASON CO WA 11/05/2009 12:20 PM NOTCE MARK HUSTON #33392 Rec Fee: $62.00 Pages: 1 I IIIIiII llllll II!IIII IIIIIII llllll 111111N IIIiI Illli llllll 18111111111111111111 Return To: Title Notification of Accessory Li u ers or Accessory Dwelling Unit Owner Name(s): Parcel #: 02-03 Z Legal Description: I I�WcS Ale 32-33 Permit#: 18 NOTICE: This p s s to conditions set forth in a decision of approval of a Shoreline Substan i 1 Dev pment for an Accessory Living Quarters (ALQ) as approved by the Mason u t He ' gs Examiner. As stated in the Mason County Development Regulations 0 and Section 17.50.060 of the Shoreline Master Program the ADU/AL u bei4intained at 1,000 or less square feet of habitable area and cannot be expa . hout authorization from the Mason County Planning Department. It also may e ed out or leased, and the property owner shall reside on the property, eith mainduyiellinq or in the ALQ. 1 Uk, Last Name(print) First MI Last Name rint) First MI Signature(s): I z41— - Grantee: PUBLIC State of Washington ) I,the undersigned Notary Public, in and for the jurisdi`ctio\n aforesaid, do hereby certify that M Qr'1L d 4 ' Ma - whose names(s)is(are)signed (SE INO ARY PUBLI t the foregoing instrument, appeared before me and State of Washington personally acknowledged the same. KATHLEEN SOINE G Iven under my hand and seal this day of commlasfon Expires AUGUST 22.2010 /ck-1 ,20 .gyp � My� s1or1'exp,res J�,,� EXHIBIT#6 SHR2008-00018 Page 1 of 5 Revised by RDH on 1/5/2009 Mason County Department of Planning Building I * 411 N. 5th Street * P.O. Box 279 Shelton, Washington 98.584 TO: Mason County Hearings Examiner FROM: Mason County Department of Community Development STAFF: Rebecca Hersha—Planner II; 360.427.9670 x 593 RE: Mason County Shoreline Substantial Development Permit for an Accessory Living Quarters (SHR2008-00018). HEARING DATE: January 13, 2009 STAFF REPORT I. Introduction. This report evaluates an application for a Shoreline Substantial Development permit under the Mason County Shoreline Master Program for the conversion of a garage into an Accessory Living Quarters. Staff is recommending approval of this project. II. Applicant. Mark and Debbie Huston III. Authorized Representative: None IV. Property Location. 7550 E Grapeview Loop Rd. Allyn, WA . The NE '/4 of Section 29, Township 22 N., Range 1 W., W.M. Parcel # 12229-50-02032. V. Project Description. The proposal (Exhibit#1) is to allow an existing 576 square foot garage to be converted to an Accessory Living Quarters(ALQ)to the 890 square foot main dwelling. The conversion has already been completed, therefore this is an"after- the-fact"permit. The ALQ is located approximately 110 feet from the shore of Case Inlet. The main dwelling is located 42 feet from the shore of Case Inlet. VI. Evaluations. A. Characteristics of the site and area. The approximately 19,400 square foot lot is level and currently contains a 890 square foot main dwelling,the 576 proposal (which was previously a garage), a 266 square foot storage shed, a well, and a sewer connection. Aside from a couple large trees,the parcel consists primarily of lawn (Exhibit#2). Located on the west shore of Case Inlet, the area consists of similar sized residential waterfront lots (Exhibit#3). The upland side of the road is steeply sloped and contains larger residential lots. SHR2008-00018 Page 2 of 5 Revised by RDH on 1/5/2009 A. Shoreline Designation. Urban. B. 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. 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 or Change of Use Permit. I IX. Public Notice. A Notice of Application and Public Hearing(Exhibit#4) and at the local post office on October 91h, 2008 and posted on site On October 24th. It was mailed to neighboring property owners on October 1 Wh, 2008 and published for two weeks in Mason County Journal,beginning October 16th, 2008. No letters of opposition have been submitted in response to the Public Notice. However,one neighbor called to express concern about the cottage being rented out. 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: Staff Response: According to existing signs on the property, the owners currently rent out both dwellings. This activity does not comply with the definition of Accessory Living Quarters. Staff recommends that approval of this Shoreline Permit be conditioned to address this issue (See M). 1. Only one accessory living quarter 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 proposal did not originally meet the lot size provisions. However, they have since combined their two lots into a 19,400 lot that now meets the minimum size requirement. 2. Strict compliance with current sewage setback and design standards as per WAC 248-76-090. Staff Response: Upon submittal of the required building permit or change of use permit, Mason County Environmental Health will review for consistency with WAC 248-76-090 and set requirements accordingly. The additional bedroom in the proposed AL probably will not be an issue because the site is served by sewer. SHR2008-00018 Page 3 of 5 Revised by RDH on 1/5/2009 3. Minimal impact on surrounding properties from view blockage, traffic,parking and drainage. Staff Response: Since it is sited landward of the main dwelling and contains plenty of parking area, the proposal will have minimal to no impact on views, traffic, and parking. 4. Compliance with setback criteria. Staff Response: Mason County zoning requires a standard setback from side property lines of 20 feet. However, this is setback only applies to new structures/footprints. 5. Accessory living quarters shall require a Substantial Development Permit and shall not exceed 1,000 square feet. Staff Response: The 570 square foot cabin proposed as an ALQ is well below the maximum 1,000 square feet. The Shoreline Substantial Development Permit Application for which this Hearing is being held is enclosed(Exhibit #5). B. 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. B. The development does not impact the public health, safety and welfare and is in the public interest. 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 Comprehensive Plan encourages development of Accessory Living Quarters as well as affordable housing. Rural Residential 5 zoning does allow for one accessory dwelling unit per parcel. The ALQ will not significantly affect public transportation or traffic conditions. The development proposal should not impact the public health, safety or welfare, and may or may not be considered to be in the public interest. However, Section 17.03.029 of the Mason County Development Regulations contains nine parameters (A-I) that and Accessory Dwelling Unit (ADU) must meet. This proposal currently does not meet B "The owner of the ADU must reside on the lot in either the principal residence or ADU. " The applicants (property owners) have been renting out both the ADU/ALQ and the main dwelling as "Beach Cottages. " SHR2008-00018 Page 4 of 5 Revised by RDH on 1/5/2009 XI. Conclusions. As proposed, the project is consistent with Mason County's Development Regulations, Code, Shoreline Master Program, and Comprehensive Plan. Staff recommends approval of Shoreline Substantial Development Permit for the Accessory Living Quarters with the following condition: Prior to approval, the owners shall record at the Mason County Auditor's Office a declaration (Exhibit# 6) signed by the owners and as well as a Notary stating that one or both of them will reside on the property, either in the ALQ (ADU) or the main dwelling, and that the AI.Q will not be rented or leased. 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. SHR2008-00018 Page 5 of 5 Revised by RDH on 1/5/2009 EXHIBITS 1. Site Plan 2. Photos of Site 3. Aerial Photo of Vicinity 4. Public Notice of Application/Hearing 5. Application for Shoreline Substantial Development for ALQ 6. Title Notification Form r u i i pr- , cq II 3; Fj RECETTED 1 -� I) MASON COUNTY i61`lIM1�e+w�s��^ ..r 4 ye TE' yy i kN �y. r Fr f.' � x . -' z: sRt tr 2C • t 'c Aw A a Xy 'bSa ,rt l > z+ .Y ki :i' y`uiruq i r f ap i s p Ka 'C• p �J -V� _41 RD ' E GRAPEVIE I ir Ah .5 - P+1 µ. x, Iv fo wo m 17 71 g" ,. �oN_srgTFo� MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT � MO 7 oN = Planning Division O N y o~ P O Box 279, Shelton, WA 98584 1864 (360)427-9670 SHR2008-00018 NOTICE OF SHORELINE MANAGEMENT PERMIT Notice is hereby given that MARK HUSTON, who is the owner of the described property, has filed an application for a Shoreline Management Permit for the development of: Sub. Dev. Accessory Living Quarter (after the fact) within shoreline jurisdiction. Site Address: 7550 E GRAPEVIEW LOOP RD ALLYN Parcel Number: 122295002032 Location of Project: SOUTH ON HWY 3 THRU ALLYN LEFT ON GRAPEVIEW 1/4 MI ON LEFT Within: (quarter section) of Section: 29 Township: 22 N Range: 1 W, W.M. in , Mason County Washington. Said development is proposed within Case Inlet 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 P O BOX 279 SHELTON,WA 98584 in writing of their interest. 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 10/23/2008. Written comments will be accepted up to the date of the hearing. A public hearing will be held on this permit request. Contact this office at(360)427-9670, ext. 593 for date and time of hearing. Ok SHR2008-0 8 —41 RRECEIVED d���, `� ��c��1 MASON COUNTY t S[P O 9 '1005EPARTMENT OF COMMUNITY DEVELOPMENT Building III—426 west Cedar Street MASON COUNTY P.O.Box 186,Shelton,WA 98584 (360)427-9670—Ext. 352 SHORELINE PERMIT APPLICATION PERMIT NO. ,S-Wn 2VAL,6QQ1,C;vSHORELINE SUBSTANTIAL DEVELOPMENT SHORELINE VARIANCE DATE RECEIVED 'J"9-(�S 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 /fwill rbee returned- APPLICANT: J '/,r��—" -F bagi, ADDRESS: lyg rr2 ezo# Mto=y U. �'l_C✓� treet) (city) (state) (zip) TELEPHONE: ago—S C)q (home) C��oZ (business AUTHORIZED REPRESENTATIVE: ADDRESS: (street) (city) (state) (zip) TELEPHONE: PROPERTY DESCRIPTION: General location(include property address,water body and associated wetlands—identify the name of the s_horeline): 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: I-,)rS 32- 33 i yt c y� ix /I 2a2,t?SD© 2 OWNERSHIP: Contract Applicant Owner Lessee Purchaser (Identify) Other Owner (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): Jl C' �� p�1 L.��l� r L 91.e94 R pa/L!N/ Use(identify current use of property with exist improvements: Reason for requesting development: ACKOWLEDGEMENT I hereby declare, to the best of my knowledge and belief,the forgoing information and all attached information is 4 true and correct. (app 'cant or authorized representative) (date) I:\PLANNINGICHARELL&RENEEISHORELINEPERMIT.APP REVISED: 01-05-2005 . 1 5W � - �� 4 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. Gam- *-LAtcxve b.vJ�A Sat 15& ' 5C; ALLyjt, qg � lam,-K 2 yarbo yK a U�/ F�c•��5�yl tAIL4L S, t G-i e- R AjAkk w, j>kv ib c-ike-t4i ^ ck 1�&X l l34 12"A4 MaXQ RV, 6)c , ( X 40 ✓A K,6Lt -6, t-�,Lv*bA- Li 1 l s S/ 5d5k$,U,, a—Q.4 6 Lax L LL��� Ro i�vx 1*�, ALLYK/ w ?530 e-, &94peUbno t�c.R �� z Return To: Title Notification of Accessory Living Quarters or Accessory Dwelling Unit Owner Name(s): Parcel#: Legal Description: Permit#: NOTICE: This parcel is subject to conditions set forth in a decision of approval of a Shoreline Substantial Development for an Accessory Living Quarters (ALQ) as approved by the Mason County Hearings Examiner. As stated in the Mason County Development Regulations 1.03.029 (D) and Section 17.50.060 of the Shoreline Master Program the ADU/ALQ must be maintained at 1,000 or less square feet of habitable area and cannot be expanded without authorization from the Mason County Planning Department. It also may NOT be rented out or leased, and the property owner shall reside on the property, either in the main dwelling or in the ALQ. Grantor(s): Last Name(print) First MI Last Name(print) First MI Signature(s): Grantee: PUBLIC State of Washington ) I,the undersigned Notary Public,in and for the jurisdiction aforesaid,do hereby certify that Mason County ) whose names(s)is(are)signed (SEAL): to the foregoing instrument,appeared before me and personally acknowledged the same. Given under my hand and seal this day of ,20 My commission expires: EXHIBIT #6 SHR2008-00018 Pagel of 4 Written by RDH on 12/31/08 Mason County Department of Planning Building I * 411 N. 5th Street * P.O. Box 279 Shelton,Washington 98584 TO: Maso County Hearings Examiner FROM: Mason Co ty Dep ent of Community Development STAFF: Rebecca Hersha Planner II; 360.427.9670 x 593 RE: Mason Co Shoreline Substantial Development Permit for an Accessory Living Qu ers(SHR2008-00018). HEARING DATE: January , 2009 STAFF REPORT I. Introduction. This report evaluates an application for a Shoreline Substantial Development permit under the Mason County Shoreline Master Program for the conversion of a garage into an Accessory Living Quarters. Staff is recommending approval of this project. II. Applicant. Mark and Debbie Huston III. Authorized Representative: None IV. Property Location. 7550 E Grapeview Loop Rd. Allyn,WA . The NE '/4 of Section 29, Township 22 N.,Range 1 W., W.M. Parcel # 12229-50-02032. V. Project Description. The proposal (Exhibit#1) is to allow an existing 576 square foot garage to be converted to an Accessory Living Quarters (ALQ)to the 890 square foot main dwelling. The conversion has already been completed, therefore this is an"after-the-fact"permit. The ALQ is located approximately 110 feet from the shore of Case Inlet. The main dwelling is located 42 feet from the shore of Case Inlet. VI. Evaluations. A. Characteristics of the site and area. The approximately 19,400 square foot lot is level and currently contains a 890 square foot main dwelling,the 576 proposal (which was previously a garage), a 266 square foot storage shed, a well, and a sewer connection. Aside from a couple large trees,the parcel consists primarily of lawn(Exhibit#2). Located on the west shore of Case Inlet,the area consists of similar sized residential waterfront lots(Exhibit#3). The upland side of the road is steeply sloped and contains larger residential lots. A. Shoreline Designation. Urban. SHR2008-00018 Page 2 of 4 Written by RDH on 12/31/08 B. 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. 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 or Change of Use Permit. IX. Public Notice. A Notice of Application and Public Hearing(Exhibit#4) and at the local post office on October 9th, 2008 and posted on site On October 24th. It was mailed to neighboring property owners on October 10 ,2008 and published for two weeks in Mason County Journal, beginning October 16th,2008. No letters of opposition have been submitted in response to the Public Notice. However, one neighbor called to express concern about the cottage being rented out. 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 quarter 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 proposal did not originally meet the lot size provisions. However, they have since combined their two lots into a 19,400 lot that now meets the minimum size requirement. 2. Strict compliance with current sewage setback and design standards as per WAC 248- 76-090. Staff Response: Upon submittal of the required building permit or change of use permit, Mason County Environmental Health will review for consistency with WAC 248-76-090 and set requirements accordingly. The additional bedroom in the proposed ALQ probably will not be an issue because the site is served by sewer. 3. Minimal impact on surrounding properties from view blockage, traffic,parking and drainage. Staff Response: Since it is sited landward of the main dwelling and contains plenty of parking area, the proposal will have minimal to no impact on views, traffic, and parking. 4. Compliance with setback criteria. Staff Response: Mason County zoning requires a standard setback from side property lines of 20 feet. However, this is setback only applies to new structures/footprints. 5. Accessory living quarters shall require a Substantial Development Permit and shall not exceed 1,000 square feet. II i SHR2008-00018 Page 3 of 4 Written by RDH on 12/31/08 Staff Response: The 570 square foot cabin proposed as an ALQ is well below the maximum 1,000 square feet. The Shoreline Substantial Development Permit Application for which this Hearing is being held is enclosed(Exhibit #5). B. 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. B. The development does not impact the public health, safety and welfare and is in the public interest. 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 Comprehensive Plan encourages development of Accessory Living Quarters as well as affordable housing. Rural Residential 5 zoning does allow for one accessory dwelling unit per parcel. The ALQ will not significantly affect public transportation or traffic conditions. The development proposal should not impact the public health, safety or welfare, and may or may not be considered to be in the public interest. XI. Conclusions. As proposed,the project is consistent with Mason County's Development Regulations, Code, Shoreline Master Program, and Comprehensive Plan. Staff recommends approval of Shoreline Substantial Development Permit for the Accessory Living Quarters. 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. SHR2008-00018 Page 4 of 4 Written by RDH on 12/31/08 EXHIBITS 1. Site Plan 2. Photos of Site 3. Aerial Photo of Vicinity 4. Public Notice of Application/Hearing 5. Application for Shoreline Substantial Development for ALQ RECEIVED oleo&& ' MASON COUNTY SEP 0 9 ZMEPARTMENT OF COMMUNITY DEVELOPMENT Building III—426 west Cedar Street MASON COUNTY P.O. Box 186, Shelton, WA 98584 (360)427-9670—Ext. 352 SHORELINE PERMIT APPLICATION PERMIT NO. S�Wn 2tD� )DD/, SHORELINE SUBSTANTIAL DEVELOPMENT �— SHORELINE VARIANCE DATE RECEIVED 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 Q D APPLICANT: / lam�C ADDRESS: V V treet) 44 � M (city) �,p (state) (zip) TELEPHONE: a —! c;0 A �+ (home) (business AUTHORIZED REPRESENTATIVE: ADDRESS: (street) (city) (state) (zip) TELEPHONE: PROPERTY DESCRIPTION: General location(include property address, water body and associated wetlands—identify the name of the shorefine): 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: t4C+s 32, `I-33 1 vk vt �s iyl �cc'�ro1 o OWNERSHIP: Contract Applicant Owner Lessee Purchaser (Identify) Other Owner ` (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): 1E41 4 " Gmec,+ Use(identify current use of property with exist improvements: Reason for requesting development: Ru U L* OtAS QLA3 A,'eK ..0-10-0 ACKOWLEDGEMENT I hereby declare,to the best of my knowledge and belief, the forgoing information and all attached information is true and correct. Z-i�fg (app 'cant or authorized representative) (date) I:\PLANNINGICHARELL&RENEE/SHORELINEPERMIT.APP REVISED: 01-05-2005 PypN.STATFo� MASON COUNTY M c � DEPARTMENT OF COMMUNITY DEVELOPMENT O o N Planning Division 7 N y ti P O Box 279, Shelton, WA 98584 of �o (360)427-9670 1864 REQUEST FOR ADDITIONAL INFORMATION May 14, 2009 MARK HUSTON 5416 54TH AVE CT W UNIVERSITY PLACE WA 98467 Parcel No.: 122295002032 Project Description: Accessory Living Quarter (after the fact) within shoreline jurisdiction. Dear Applicant: You have submitted a permit application (case no. SHR2008-00018) for proposed construction or development in the county. Upon review of your application, I require additional information to complete the permit review process. 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. Sin erely, Tammi Wright Land Use Planner Mason County Planning Department Comments: The Mason County Hearing Examiner has approved your application for an accessory living quarter. As a condition of approval the owner shall record at the Mason County Auditor's Office a notarized Title Notification of Accessory Living Quarters. Once recorded a copy shall be submitted to the Planning Department. Once a recorded copy is received the Shoreline Permit will be issued. 5/14/2009 Page 1 of 1 SHR2008-00018 of J- -p-OAG 1948798 MASON CO WA 11/05/2009 12:20 PM NOTCE I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII Return To: RECEIVED lyl� 5�eAl NOV 0 5 2099 U � '�, 426 W. C:..JNI^'. JT: Title Notification of Accessory Living ua rs or Accessory Dwelling Unit Owner Name(s): Parcel Legal Description: 32- 33 Permit#: -514 E AffiB_OW i NOTICE: This parcel is subject to conditions set forth in a decision of approval of a Shoreline Substantial Development for an Accessory Living Quarters(ALQ) as approved by the Mason County Hearings Examiner. As stated in the Mason County Development Regulations 1.03.029 (D) and Section 17.50.060 of the Shoreline Master Program the ADU/ALQ must be maintained at 1,000 or less square feet of habitable area and cannot be expanded without authorization from the Mason County Planning Department. It also may NOT be rented out or leased, and the property owner shall reside on the property, either in the main d ellin or in the ALQ. Grantor(s): U—S- M A Last Name(print) First MI Last Name rint) First MI Signature(s): Grantee: PUBLIC State of Washington ) I,the undersigned Notary Public,in and for the jurisdiction aforesaid,do hereby certify that AA A(L)L-11 P u S r� Ma whose names(s)is(are) signed (SEINGTARY PU$LI tc the foregoing instrument,appeared before me and State of Washington personally acknowledged the same. KATHLEEN SOINE Given under my hand and seal this day of Commission Expires AUGUST 22,2010 20 My stoiY'expires J EXHIBIT #6 1938818 MASON CO WA 05/01/2009 09:53 AM DPC DIR COMM DEVELOPMENT #28428 Rec Fee: $45.00 Pages: 4 11111111111111111 IT 1111111111111 IN 111111111111111111111111111111111111111111 1 HEREBY CERTIFY THAV THE � Mason County REQUIREMENT FOR ALL TAXES TO Department of Community Development BE PAID IS HEREBY WAIVED AS P.O. Box 279 Shelton, WA 98584 1�1t� 12009 REQUIRED BY RCW 84.56 LISA FRAZIER, TREASURER Please print neatly or type information MASON COUNTY DOCUMENT TITLE(S) REFERENCE NUMBER(S) OF RELATED DOCUMENTS (ADDITIONAL REFERENCE#'S ON PAGE GRANTOR(S) (Last, first and middle initial) GRANTEE S4(Last, first and middle initial) C— (ADDITIONAL REFERENCE#'S ON PAGE LEGAL DESCRIPTION(Abby.form: quarter/quarter,section,township&range,plat,lot&block) Msxy\ epwf'y� =►nC1c+S SQL Z L._o-I-- z32 4 33 (ADDITIONAL REFERENCE#'S ON PAGE PARCEL NUMBER S 122-'2,9 50 0 a033 (ADDITIONAL REFERENCE#'S ON PAGE The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. REVISED: 09-29-03 I:PLANNINGICHARELL&RENEEIDOCUTI.TLE FAXCOVER SHEET TO: The Mason County Journal FAX #: 426-9399 FROM: Mason County Planning Department FAX #: 427-8425 DATE: October 8, 2008 Please publish the attached: Notice of Application for Substantial Development On the following day(s): October 16`h, 2008 and October 23rd, 2008 (2 weeks) 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: Debbie Huston 12810 Crescent Valley Dr. NW Gig Harbor, WA 98332 Please send a bill for the publication to Mrs. Huston (above). Sincerely, Rebecca Hersha, Planner Mason County Department of Community Development Phone: 427-9670, ext. # 593 Pagel of 3 i 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 .�60a CO MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning _ Mason County Bldg.1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 1854 MASON COUNTY HEARING EXAMINER AGENDA LAND USE JANUARY 13, 2009 Mason County Building 1 , Shelton 1 :00 pm �,� .c1.. She � {/►� 1 . Debbie and Mark Huston request for Shoreline Substantial De_yelopment Permit for an Accessory Living Quarter. t1 Co-??e t(v �D Staff: Rebecca Hersha —7750 7 6 �e-''°a�r 2. Brian Cook and Henry Fertitta request for Shoreline Substantial Development Permit for Joint Use Pier/Ramp/Float. Staff: Tammi Wright 3. William Anthony Appeal of an Administrative Decision. Staff: Rebecca Hersha