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HomeMy WebLinkAboutSHR2008-00018 Garage Conversion - SHR Permit / Conditions - 1/13/2008 STgT4 MASON COUNTY Q C DEPARTMENT OF COMMUNITY DEVELOPMENT A 7 N z Planning Division 7 N y ° P O Box 279, Shelton, WA 98584 (360)427-9670 1864 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. 00 SHR2008-0 8 RECEIVED g MASON COUNTY S• O 9 NAEPARTMENT OF COMMUNITY DEVELOPMENT Building III—426 west Cedar Street MASON CO U NTY P.O.Box 186, Shelton,WA 98584 (360)427-9670—Ext. 352 SHORELINE PERMIT APPLICATION PERMIT No. .S /1Z � X/, 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 1 APPLICANT: — ( Y//�S ttA xg ADDRESS: l�8( _ ,(,PSG _Z 6trCet) n (city) (state) !/�-- (zip) TELEPHONE: a`g,�3—SOq-- -_ 2,�;-— (home_ C I?-02 (business 2S 3—&-7 (o-7? I AUTHORIZED REPRESENTATIVE: ADDRESS: (street) (city) (ate) (zip) TELEPHONE: PROPERTY DESCRIPTION: General location(include property address,water body and associated wetlands—identify the name of the oreline : _ 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: /-Q 32 '--i-33 I OWNERSI-BP: Contract Applicant Owner Lessee Purchaser (Identify) Other Owner (volo Cst e-s<-�LLft u btf,(a C� l�AK&e— (street) 32 (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): r n nn 4% CV�I C' ` G(�PS� CaC�P r 6LA-t L• & gt-x Use(identify current use of property with exist improvements: Reason for requesting development: COK 1 K ACKOWLEDGEMENT I hereby declare,to the best of my knowledge and belief, the forgoing information and all attached information is true and correct. 9 (app cant or authorized representative) (date) I:\PLANNINGICHARELLBcRENEE/SHORELINEPERMIT.APP REVISED: 01-05-2005 I (1/12/2009) Rebecca Hersha - Fwd: ALQ Permit Application Page 1 From: Monty Cobb To: Rebecca Hersha Date: 1/12/2009 8:50 AM Subject: Fwd: ALQ Permit Application Rebecca FYI Monty Cobb, Chief Civil Deputy Mason County Prosecutor's Office PO Box 639,Shelton,WA 98584 360-427-9670 ext 417 >>> ")oene Lott" <ilott@ptpenguin.net> 1/11/2009 9:51 PM >>> Subject: Objection to approval of a waiver for Accessory Living Quarters, SHR2008-00018,applicant Huston INTRODUCTION: Our property is adjacent to Huston's parcel on the South property line. We strongly object to an approval of a waiver for Accessory Living Quarters on the Huston property based on the fact that the unit has been,and will continue to be, used as a transient rental.The Huston own and operate three transient rentals on small parcels in our rural residential neighborhood. Grapeview Loop has typically been a neighborhood,full of neighborly people. The quasi-commercial use to which these three parcels have been put over the last year is not in keeping with the neighborhood setting and has been an unwelcome change to other neighbors as well. I understand that you are considering approving a waiver for the Auxiliary Living Quarters, if they present you with a signed statement that the property will not be used for rental and that they will be using it as their principal residence. I will share my experiences with the Huston's from living next door, hoping it will assist you in making a credibility determination on whether to accept such a notarized document from them,and also assist you in evaluating the likelihood that the Huston's will continue their rental business in the face of a sworn statement to the contrary.We experienced that they were less than candid in sworn statements of fact in a recent law suit we were forced to bring against them to protect our property from them. DISCUSSION OF CREDIBILITY: Violation of County Permit Regulations- Ms. Huston stated to me her intention to disregard Mason County permit regulations in the development of their property. In my first encounter with Ms. Huston when she bought the (1/12/2009) Rebecca Hersha - Fwd:ALQ Permit Application Page 2 { property which adjoins ours,she told me that they do not get permits for projects. She gave an example of how she would not get a permit when she moves one of her bulkheads forward by several feet to align the bulkheads on her two properties. She stated we will just call it a fence and move it. Within a few weeks of purchase of the property, she contracted to remodel the kitchen inside the newly acquired cabin and added a dishwasher without permits. Although she has not moved the bulkhead yet,she has continued the work on the property without permits from Mason County. She totally clear cut the three parcels of standing timber. She added dump truck after dump truck of fill and gravel,and dumped it within the shoreline management area for road building. She closed the existing driveway to establish a new half-circle driveway that opens onto the right of way--all with no permits. ZoningViolations-She current) rents her three houses on the roe as Y property rtY transient lodging on the website VRBO. The house in question is listed as currently available to rent and available to book reservations through the coming year on this website. It is identified as the"guest cottage" in the advertisement. http://www.vrbo.com/91055 There may be an additional violation here of Washington State Law. Her three transient units under Washington law meet the definition of motel. http://www.doh.wa.gov/hsqa/`fsl/ares/TA/lic req.htm It is unlicensed and uninspected and also in violation of Mason County zoning laws since it is zoned rural residential. www.doh.wa. oq v/hsga/FSL/ares/TA/documents/TAResourceBook.pdf http://www.co.mason.wa.us/code/commissioners/ DATA/TITLEI7/Chapter 17 04 RUR AL_LANDS_DEVELOPM/17_04_212_Uses_permitted_.html She is in violation of the terms of her mortgages on the properties which do not allow for renting the properties. Miscellaneous Violations-They shot and killed 7 neighborhood pet rabbits. The rabbits had escaped from our other neighbor's pen and no one could catch them. Once they were loose,all the neighbors fed them and took care of them. They only wounded the 7th initially, but it eventually died of its wounds because we could not catch it to take it for treatment. My vet told me it is a criminal offense to shoot domesticated pet rabbits. They brought in illegal Reservation fireworks and showered the neighborhood with mortars. This was the first weekend they owned the property. Our boat with 18 gallons of gas in an outboard tank was showered with fireworks as well as our propane tank. Because we asked them to move the fireworks away from our house and boat,which they easily could have,they threatened to close our driveway which they eventually did. It cost us$50,000 to have it reopened by order of the Mason County Superior Court. They dumped wheel barrow after wheel barrow of dirt and rocks on the beach from planting their lawns this fall. I asked them to stop because we are on a salmon run. I told them what silt does to salmon and how run off from logging and development has led to their status as an endangered species. They continued to dump. (1/12/2009) Rebecca Hersha - Fwd: ALQ Permit Application Page 3 They put up an 8 x 10 foot lattice screen on their deck beyond the drip line that now blocks our view and violates Mason County regulations. They requested that the Mason County Planning Department cancel a valid, regulatorily correct,and approved building permit on our property. This was the final project in remodeling the house we purchased by replacing an existing RV carport on our property on its existing concrete pad. She called the Mason County Sheriffs office and charged us with voyeurism because we have security cameras(because they have transients). The sheriffs deputy came inside and looked at the feed on our computers and said there was no problem. Mr. Huston watched the sheriffs visit over the fence. CONCLUSION: Although not all of this information has to do with the issue of Auxiliary Living Quarters,I hope it helps you in making your decision in regard to granting a waiver. To grant them a conditional waiver would make no difference in their plans for the property in my opinion. I base this on their history of disregard for Mason County regulation,disregard for the neighborhood,their lack of any sense of stewardship of the waterfront property they have taken ownership of,and the fact that they continue to offer the house in question for rent both currently and for the summer season,while applying for the waiver. //s// )oene Lott Page 1 of 1 Rebecca Hersha - Re: Huston; Accessory Living quarters From: "JOSEPHINE MOTES" <josephine100@q.com> To: "Phil Olbrechts" <RebeccH@co.mason.wa.us> Date: 1/16/2009 7:23 PM Subject: Re: Huston; Accessory Living quarters Dear Mr. Olbrechts: I am Josephine Motes living at E.7481 Grapeview Loop Road, Allyn Washington. I am a neighbor to the Huston's properties. I would object to the granting of a permit to allow Accessory Living Quarters to the Hustons. According to law, these quarters require the owner to live on site. They appear not to live there and have a residence in Gig Harbor. In addition, the law specifies the accessory living quarters are to be used by guests, employees or immediate family. They are not to be rented. They have already rented one of the accessory buildings, and are advertising the other two for rental by the day, week or month. There are two accessory living quarters, not one as required by law. I feel that the Hustons would not abide by the rules and have no intention of abiding by them, so that these three buildings would in essence become 'motel' accommodations. This is a residential neighborhood and I object to this use of property as a rental business. I have been in Seattle all day, and arrived home after the 5PM hour. I am submitting this as soon as possible. I first needed information regarding accessory property which wasn't available immediately. I hope you can still consider my comments. Sincerely yours, E Josephine Motes file://C:\Documents and Settings\RebeccH\Local Settings\Temp\XPgrpwise\4970DEC3Masonmai... 1/22/2009 (1/12/2009) Rebecca Hersha - Fwd: ALQ Permit Application Page 1 From: Monty Cobb To: Rebecca Hersha Date: 1/12/2009 8:50 AM Subject: Fwd: ALQ Permit Application Rebecca FYI Monty Cobb, Chief Civil Deputy Mason County Prosecutor's Office PO Box 639,Shelton,WA 98584 360-427-9670 ext 417 >>> "Joene Lott" <ilottCalptpenguin.net> 1/11/2009 9:51 PM >>> Subject: Objection to approval of a waiver for Accessory Living Quarters, SHR2008-00018,applicant Huston INTRODUCTION: Our property is adjacent to Huston's parcel on the South property line. We strongly object to an approval of a waiver for Accessory Living Quarters on the Huston property based on the fact that the unit has been,and will continue to be, used as a transient rental.The Huston own and operate three transient rentals on small parcels in our rural residential neighborhood. Grapeview Loop has typically been a neighborhood,full of neighborly people. The quasi-commercial use to which these three parcels have been put over the last year is not in keeping with the neighborhood setting and has been an unwelcome change to other neighbors as well. I understand that you are considering approving a waiver for the Auxiliary Living Quarters, if they present you with a signed statement that the property will not be used for rental and that they will be using it as their principal residence. I will share my experiences with the Huston's from living next door, hoping it will assist you in making a credibility determination on whether to accept such a notarized document from them,and also assist you in evaluating the likelihood that the Huston's will continue their rental business in the face of a sworn statement to the contrary.We experienced that they were less than candid in sworn statements of fact in a recent law suit we were forced to bring against them to protect our property from them. DISCUSSION OF CREDIBILITY: Violation of County Permit Regulations-Ms. Huston stated to me her intention to disregard Mason County permit regulations in the development of their property. In my first encounter with Ms. Huston when she bought the (1/12/2009) Rebecca Hersha - Fwd: ALQ Permit Application Page 2 t� property which adjoins ours,she told me that they do not get permits for projects. She gave an example of how she would not get a permit when she moves one of her bulkheads forward by several feet to align the bulkheads on her two properties. She stated we will just call it a fence and move it. Within a few weeks of purchase of the property,she contracted to remodel the kitchen inside the newly acquired cabin and added a dishwasher without permits. Although she has not moved the bulkhead yet,she has continued the work on the property without permits from Mason County. She totally clear cut the three parcels of standing timber. She added dump truck after dump truck of fill and gravel,and dumped it within the shoreline management area for road building. She closed the existing driveway to establish a new half-circle driveway that opens onto the right of way--all with no permits. Zoning Violations-She currently rents her three houses on the property as transient lodging on the website VRBO. The house in question is listed as currently available to rent and available to book reservations through the coming year on this website. It is identified as the"guest cottage"in the advertisement. http://www.vrbo.com/91055 There may be an additional violation here of Washington State Law. Her three transient units under Washington law meet the definition of motel. http://www.doh.wa,gov/hsga/fsl/arcs/TA/lic reg.htm It is unlicensed and uninspected and also in violation of Mason County zoning laws since it is zoned rural residential. www,doh.wa.gov/hsqa/"FSLJarcs/TA/documents/TAResourceBook.pd http://www.co.mason,wa.us/code/commissioners/ DATA/TITLEI7/Chapter 17 04 RUR AL_LAN DS_DEVELOPM/I7_04_212_Uses_permitted—.html She is in violation of the terms of her mortgages on the properties which do not allow for renting the properties. Miscellaneous Violations-They shot and killed 7 neighborhood pet rabbits. The rabbits had escaped from our other neighbor's pen and no one could catch them. Once they were loose,all the neighbors fed them and took care of them. They only wounded the 7th initially, but it eventually died of its wounds because we could not catch it to take it for treatment. My vet told me it is a criminal offense to shoot domesticated pet rabbits. They brought in illegal Reservation fireworks and showered the neighborhood with mortars. This was the first weekend they owned the property. Our boat with 18 gallons of gas in an outboard tank was showered with fireworks as well as our propane tank. Because we asked them to move the fireworks away from our house and boat,which they easily could have,they threatened to close our driveway which they eventually did. It cost us$50,000 to have it reopened by order of the Mason County Superior Court. They dumped wheel barrow after wheel barrow of dirt and rocks on the beach from planting their lawns this fall. I asked them to stop because we are on a salmon run. I told them what silt does to salmon and how run off from logging and development has led to their status as an endangered species. They continued to dump. 12/2009) Rebecca Hersha - Fwd: ALQ Permit Application Page 3 They put up an 8 x 10 foot lattice screen on their deck beyond the drip line that now blocks our view and violates Mason County regulations. They requested that the Mason County Planning Department cancel a valid, regulatorily correct,and approved building permit on our property. This was the final project in remodeling the house we purchased by replacing an existing RV carport on our property on its existing concrete pad. She called the Mason County Sheriffs office and charged us with voyeurism because we have security cameras(because they have transients). The sheriffs deputy came inside and looked at the feed on our computers and said there was no problem. Mr. Huston watched the sheriffs visit over the fence. CONCLUSION: Although not all of this information has to do with the issue of Auxiliary Living Quarters,I hope it helps you in making your decision in regard to granting a waiver. To grant them a conditional waiver would make no difference in their plans for the property in my opinion. I base this on their history of disregard for Mason County regulation,disregard for the neighborhood,their lack of any sense of stewardship of the waterfront property they have taken ownership of,and the fact that they continue to offer the house in question for rent both currently and for the summer season,while applying for the waiver. //s// Joene Lott _ F (10/23/2008) Rebecca Hersha lot combination Page 1 i From: Rebecca Hersha To: debbiedecr8@msn.com Date: 10/23/2008 9:49 AM Subject: lot combination Attachments: DPC-INFO.doc; DecParcelCombo.doc; Shoreline ADU.doc Hi Debbie, I spoke with your husband today. A requirement for Accessory Living Quarters is that the lot has to be at least 18,750 square feet (not including tidelands). Therefore you will need to combine these two lots into one legal lot. The paperwork for that is attached. I also attached the general requirements for Accessory Living Quarters. Please submit the Declaration of Parcel Combination to the Permit Center with a check for $120 made out to mason County Treasurer and another check for$45 made out to Mason County Auditor. Please mail to: Mason County Permit Center P.O. Box 186 Shelton, WA 98584 Also, I had posted the Notice for your proposal on the incorrect site. SO, I will be reposting the notice in front of your property Friday. Thank you. Rebecca Hersha, Planner II Mason County Department of Community Development (360) 427-9670, Ext. 593 Va W �1('�' t m a 1" RECEIVED r j OCT 0 2 2008 �� MASON COUNTY �P�oN_srgTFo� MASON COUNTY Ao - DEPARTMENT OF COMMUNITY DEVELOPMENT o N Z Planning Division 7 N Y y P O Box 279, Shelton, WA 98584 1864 (360)427-9670 U / NOTIFICATION OF INCOMPLETE APPLICATION September 16, 2008 MARK HUSTON 5416 54TH AVE CT W UNIVERSITY PLACE WA 98467 Parcel No.: 122295002032 Proiect Description: ADU ON SHORELINE 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 have determined that the contents of the application are incomplete or do not provide enough detail for review. 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. 593 if you have questions. Sincerely, Rebecca Hersha Land Use Planner Mason County Planning Department Comments: The site plan submitted incorrectly shows two lots as being one. Please submit a revised site plan showing that property line that separates your two lots. Also, please submit a plan view of the guest house. Thank you. 9/16/2008 Page 1 of 1 SHR2008-00018 ti �: �� � �� t �'- �,. ,� r � �r:- ,. ..�.... b � �f .„ !� '� ,.` -- - � i ' ti ' �• ' � ±• � � ..L ` "' i ,�` J{, `r 'r` � !�,' .�. . a ,� •�`_A- ,.; .. r � + _ :: ! pi�"_ Y Y: #�.1 i .�. F, i� ^4 � Y' � ). �. •\�1.. 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