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Home My WebLink AboutSHR2009-00013 Hearing Decision - SHR Permit / Conditions - 11/12/2009 November 12, 2009 Notice of Decision Case: SH R2009-00013 Applicant: Lisa and William Root Notice is hereby given that Lisa and William Root, who are the applicants for the above-referenced Mason County Shoreline Substantial Development Variance, have been granted that Shoreline Permit. The request was reviewed on October 27, 2009 by the Mason County Hearing Examiner and approved pursuant to the Mason County Title 17.50 Shoreline Master Program Use Regulations, specifically for residential development along the North Bay Case Inlet. The proposal was exempt from SEPA review per WAC 197-11-800 (1 ). This is a final County decision. No further appeals to the County are available. Appeal may be made to Superior Court 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 Allan Borden, Senior Planner with Mason County Dept. of Community Development at 360-427-9670 x365. HAWORMPermit Reviews\Decision coversheet.doc Mason County Department of Planning Building I * 411 N. 5th Street * P.O. Box 279 Shelton,Washington 98584 TO: Mason County Hearings Examiner FROM: Mason County Department of Community Development STAFF: Allan Borden- Planner; 360.427.9670 x 365 RE: Mason County Shoreline Variance(SHR2009-00013) HEARING DATE: October 27,2009 STAFF REPORT I. Introduction. This report evaluates an application for a Shoreline Variance for the construction of a 1600 square foot single-family residence within the shoreline setback. Staff is recommending approval of this project as currently proposed. II. Applicant: William and Lisa Root, owner. III. Authorized Representative: Same. IV. Date of Complete Application: June 4, 2009. V. Site address and Project Location: 200 E North Bay Rd.,Allyn, WA. Parcel# 12220- 50-17003. VI. Evaluations. A. Characteristics of the area. The property is along the west shore of North Bay Case Inlet. (Exhibit#2) This extension of Puget Sound is a valuable shellfish and water recreation area. The shorelines are generally developed in the past, but this area of the saltwater shoreline is subject to shallow soil inundation and flooding during winter seasons. These are the chief reasons why a community sewer system to serve existing and expanding development was established more than 10 years ago. B. Characteristic of the site. The site is approximately 2 acre with about 80 percent of that area supporting wetland soils and vegetation(Exhibit# 1). The far northern portion between the saltwater and the road has been being used recreationally and contains primarily a cleared area with a motorhome and a portable storage shed. The applicant will be using the sewer connection already situated near the driveway. The proposed single family residence is located 25 to 35 feet from the North Bay Case Inlet shoreline (Exhibit# 3). C. Comprehensive Plan Designation. The Mason County Comprehensive Plan designation for the site is Allyn Urban Growth Area. SHR2009-00013 - 1 - 07/13/11 D. Shoreline Master Program Designation. The Shoreline Master Program environmental designation is Urban. E. Zoning. Allyn R-1 zone(single-family residence) VII. SEPA Compliance and other public notice requirements. The proposal is SEPA exempt per WAC 197-11-800 (1)(b)(i), as a single-family residential dwelling. A Notice of Public Hearing(Exhibit#4) for the Application for Variance was posted in the Mason-Shelton Journal on 9/24/09 and 10/1/09, at the Shelton Post Office and on-site on 10/06/09. In addition,the Notice of Application was mailed to all property owners within 300' of the proposal on 10/08/09. The Affidavit of Posting Notice is enclosed as Exhibit #5. VIII. Other Permits. The proposal will require a Septic Permit and a Mason County Building Permit. Since the proposed residence is to be sited in a FEMA mapped 100 year flood plain, the permit will also be need to meet requirements of the Mason County Flood Damage Prevention Ordinance. IX. Analysis. A. 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 review criteria: 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. This staff report served to review a variance from the MCC 17.50 Shoreline Master Program Chapter. The development being reviewed does not conflict with the Comprehensive Plan and meets all the requirements and intent of the MCC, with the exception of the Shoreline Master Program Chapter 17.50.060 Residential Development standards. This section states that the minimum setback for structures along Urban shorelines be set back at the average of residential setbacks on adjacent properties, in this case, 71 feet from the saltwater Ordinary High Water Mark(OHWM). The development is proposed at 25 to 35 feet from the OHWM, a distance that provides for residential development while not interfering with the public's use of the shoreline management area. The findings required for the approval of a variance (MCC Section 15.09.057) are addressed below in Part VIN..C. 2. The development does not impact the public health, safety and welfare and is in the public interest. The development proposal will not impact the public health, safety or welfare because it is compatible with surrounding residences and does not adversely effect the natural environment. The request seeks relief in siting the proposed building closer to the shoreline than the Shoreline Master Program standard and still proposing a reasonable use of the property. SHR2009-00013 -2- 07/13/11 3. 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. The proposal does not lower the Level of Service for transportation or neighborhood park facilities, as it is a small single-family residence accessory to the existing larger-sized residence. If this Variance is approved, the development will meet the applicable criteria and will not conflict with the Comprehensive Plan's Shoreline Management Policies, and will meet the requirements and intent of the Mason County Code. B. Mason County Code, Title 17.50 Zoning—Shoreline Master Program The proposal does not meet the 71 foot shoreline setback requirement set forth in #9b of the MCC 17.50.060 Residential Use Regulations (average setback of development on adjacent shoreline properties. Therefore this Shoreline Variance (SHR2009- 00013) has been applied for. (Exhibit#6) Besides #9b, the proposal does not conflict with the Use Regulations for Residential Development. The Building Permit will be conditioned so that untreated surface run- off will not enter the saltwater and erosion will be controlled during construction. The proposal meet the 5 conditions of the Shoreline Variances Section 17.50.090 (see # 1-5 of below). Findings. 1. That the strict application of the bulk, dimensional or performance standards precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by County regulations; It has been established through previous variance application approvals that reasonable use of property in Rural Residential zones in Mason County include a single-family residence and a two-car garage. In this case, there is no potential for meeting the needed setback established by the Shoreline Master Program, as the property is no deeper than 130 feet in the northern area where development is proposed, and the needed setback from the OHWM is 71 feet, and the possible 1600 sq.ft.footprint is 25 feet deep and 62 feet wide. A variance approval for the residence would vest this footprint for two years per Mason County Code 15.09.100 C. 2. That the hardship which serves as a basis for the granting of the variance is specifically related to the property of the applicant, and is the result of unique conditions such as irregular lot shape, size or natural features and the application of the County regulations, and not, for example from deed restrictions or the applicant's own actions; The hardship is directly related to the limited area to develop due to the great extent of wetland soils and vegetation on most of the property, the lack of developed property to the north of the subject parcel (which increases the shoreline setback average), and the curving saltwater shoreline in the vicinity. SHR2009-00013 -3- 07/13/11 3. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the environment; The design of the project will be compatible with the other single-family residences in the area, and will not cause adverse effects to either adjacent properties or the environment. The available sewer connection and the already leveled building area will limit any adverse effects. 4. That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief, An approved variance will grant the same privilege as enjoyed by other properties along the North Bay Case Inlet area and is the minimum setback distance necessary to afford relief as proposed. 5. That the public interest will suffer no substantial detrimental effect; The public interest is in the health and public use of the shoreline management area. The proposed setback for development will lessen potential impacts to the shoreline as the development is underway. 6. No variance shall be granted unless the owner otherwise lacks a reasonable use of the land. Such variance shall be consistent with the Mason County Comprehensive Plan, Development Regulations, Resource Ordinance and other county ordinances,and with the Growth Management Act. Mere loss in value only shall not justify a variance. The proposed footprint of the residence is 1,600 square feet, which is allowed under current regulations. The proposal would occupy only about 10 percent of the lot. Approval of a variance for the residence will vest the footprint for two years, therefore eliminating the need for another variance proposal, should the Mason County regulations change within the next two years. The proposal is consistent with all other Mason County Ordinances, the Comprehensive Plan, and the Growth Management Act. X. Conclusions. The project is consistent with the Comprehensive Plan,the Resource Ordinance, and the Shoreline Master Program Policies and Use Regulations. As proposed staff recommends approval of the Shoreline Variance Permit SHR2009-00013 to allow a total of 1600 square feet of development area for a proposed house along North Bay Case Inlet. XI Choices of Action. 1. Approve. 2. Approve with conditions. 3. Deny(reapplication or resubmittal is permitted). 4. Deny with prejudice(reapplication or resubmittal is not allowed for one year). 5. Remand for further proceedings and/or evidentiary hearing in accordance with Section 15.09.090 of Title 15. SBR2009-00013 -4- 07/13/11 EXHIBITS 1. Staff Report 2. Location and Aerial Photo of Parcel. 3. Site Plan 4. Notice of Hearing 5. Affidavit for Posting Notice 6. Variance Application. SHR2009-00013 - 5 - 07/13/11 q/ .......... Information for permit: GRD2011-00008 Page 1 of 1 MASON COUNTY Washington ServicesGovernment and information DepartmentsMason County Home Employment Forms&Brochures Phone#'s&Addresses Carnpus Map Code.&Regulation. Community Links Visit Matson County Search our Site Building Dcpl ► Some information/cases may not be displayed ► This information may be outdated and inaccurate Planning dept ► Information is only for the unincoporated areas of Mason County and may only show items since April 1st,1992 Environmental ► Please contact the Permit Center(360)427-9670 ext 352 to verify any I lealth Dept information Records ► This information was last updated:07/11/2011 at 11:09 am ► Building permits are NOT ready to issue until Case Status is APP and an New Search activity"Approved for Issuance"is listed Assessor/ Information for Permit:GRD2011-00008 Treasurer Case GRD2011-00008 Parcel Information Number HOOD CANAL LAND&GRAVEL LP Case Status ISS Applicant 336 CAJON TERRACE Parcel LAGUNA BEACH CA 92651 Number 123171100000 Project Address 2493 NE OLD BELFAIR HWY BELFAIR Valuation ? $0.00 Description GRADING FOR SMALL LANDING AREA(LESS THAN 200 CU YRDS) Activities Date Date Assigned Done Description Assigned Done Status To By Issue Grading Permit 06/27/2011 DONE TW Planning Review 06/13/2011 06/23/2011 DONE AHB AHB Planning department review required although grading less than 200 cu yrds..part of shift of responsibility of review for reclamation of site.Ahb Miscellaneous Action 06/23/2011 06/23/2011 DONE AHB AHB Letter mailed to Rian Skovv WA DNR regarding cessation of state surface reclamation permit and mining operations:and granting of a county grading permit to continue site maintenance.AHB Application Received 06/13/2011 06/13/2011 DONE TW Permit Fees Fee Type Amount Due Amount Paid Planning Review Fee $205.00 $205.00 Total Fees:$205.00 $205.00 Amount Outstanding:$0.00 Conditions Water Quality Proper disposal of construction debris must be on uplands,in such a manner that debris cannot enter wetlands or cause water quality degradation of adjacent waters. X Site Plan and Topographic Section Approved per site plan and topographic cross-section.X SURFACE WATER CONTROL ALL SURFACE WATER AND POTENTIAL RUNOFF WILL BE CONTROLLED ON SITE AND SHALL NOT ADVERSELY AFFECT ANY ADJACENT PROPERTIES OR STREAMS NOR INCREASE THE VELOCITY FLOW ENTERING OR ABUTTING TO ANY STATE OR COUNTY CULVERTING/DITCHING SYSTEM OR ROADWAY.x This information was last updated:07/11/2011 at 11:09 am Information may be inaccurate and outdated. Please refer to the Permit Center to verify any information Buildine Plannin,* Environntcnial llisclanner Search our Site Home Home Health Home http://www.co.mason.wa.us/permits/main.php?caseno=GRD2011-00008 7/11/2011 Mason County Investigation Report Form Case Number/' —0 /�__FC ' Parcel Number: - Sc-J 7o o3 Violation Site Address: Property Owner(s): �; Phone#: Mailing Address: Tenant/Contractor/Operator on site: , dl-7 1 l0 Complaint Received by: Phone ✓I E�nail Web Site In Person Directions to Site: oo E Description of Concern: `�dQ< — ��l�d Department of Concern: Building J ? Planning V Fire Pubic works Environmental Health: Solid Onsite Wells Food Other �r Investigation Date and Findings: jtt22ov _ ppl 5hor�i,:.��/arr�w.et — nvac ;, �l�a'o�,, ' Under the provisions of the Public Disclosure Law, RCW 42.56.240, the complainant may indicate a desire for disclosure or non-disclosure of their identity. If non-disclosure is chosen, the bottom portion of this form will not be released to the public unless this case is filed in court. If filed,your name will be disclosed if you are a witness in the case. Mason County investigates possible violations on a complaint basis only. Therefore, the name of the person filing the complaint should be provided. Please Check One Of The Following Lines: ❑ Please do not disclose my identity. I understand that disclosure may be required by court order or if this matter goes to court. ❑ You may disclose my identity. Name (please print): --<jAw 9,sc"art' s Phone: (�) Address: Street City State Zip Signature of Complainant: Date: 006 s `fix• � �� -� e� Ay h ANN � y yk. Mason County Map Outp age 1 1 4, co Mason County Map ... 122T0509191, '. 1222@6~6 122205020001 122170060000 12Z29S091912 200 E NORTH BAY RD ,22205017010 �`u +22bsonu9s O 122295023001 Q' tiR 122205022004 � = 1222�1,990N 151 E NORTH BAY RD'2Z2000600 _ 1222OW17003 - •k 17220SO22001 - - _ tuz9,�aon, 122205017 -- -- 101 E NORTH BAYq�, 1Z2205017001 jf 140 E NORTH BAY RD 2 t 10 DISCLAIMER AND LIMITATION OF LIABILITY: The data used to make this map have been tested for accuracy,and every effort has been made to ensure that these data are timely,accurate and reliable.However,Mason County LEGEND makes no guarantee or warranty to its accuracy as to labeling,dimensions,or placement or location of any map features contained herein.The boundaries depicted by these data are Roads fio F40crol L&MS approximate,and are not necessarily accurate to surveying or engineering standards,and are if intended for informational purposes only.Mason County does not assume any legal liability Qt 9trostbatl or responsibility arising from the use of this map in a manner not intended by Mason County. Rims&Stivesns 0 CouMy eoundery Q.* F i In no event shall Mason County be liable for direct,indirect incidental,consequential, special,or tort damages of arty kind,including,but not limited to,loss of anticipated profits t Parosls Gomra'1t�bMf DeSUlClS or benefits arising from use of or reliance on the information contained herein — Svclion6 �r lakes ®2009-Mason County GIS pub Sound g A{el6r La1ceS 100 W.Public Works Dr Shelton,WA 98584 http://mapmason.co.mason.wa.us/servlet/com.esri.esrimap.Esrimap?ServiceName=amason... 3/18/2016 w � WANK 122174360010 `� 17 t :A• '" n: r ' � ^ , ,fir 122178888888 j 122174390040 - , 221744000 122174400030 1 60 122205020007 x xP yr" 0020 1221 480320 2'. 006000 r �� 74 P , �. '`• 122170060000 is A P' 4. + it 122205021001 .- 122205020005 122205019002 122174470610 f 1222050919i errs 12220502 122205025009 122174470611 12220006001 o 122205024009 122205091912 122200066-- y 122205020001 bLAAL ? 122205023001 22205017010 12220502200 v 122205024003 1-- E 1 r IL - a �* fit• ' 122205017003 Ny _ 6 :r t '� • *r 30000 122205022004 " 122205017006 1222050"5638010, !122205022 IL 122201180071 122201180060 1222050390 JIV 1222050.4 2 2 2 0 5 0 39004. 122205040003 122205039002 122205C 003 • 122 05041 C ol. 122205016010 <v fe 122205043001 122205042003 i t 122205013005 er �1222050 ` 122265011007 2.011 0501t r;� i� r;� 122201480070 122202222222! 122205042001` 1222U50 0 0i t 1222050 1005 PLANNING Planner: Grace Allan Rebecca RECEIVED MASON COUNTY PLANNING INTAKE CHECKLIST MAR 2 9 2016 6111) vV. Alder Street Owners Name: raC�l�e O nog LLC. Date:3 -2q— (p Project: New SF:nR Commercial ?: yes no Site Plan: )g-North Arrow Property Dimensions: x Irregular Shape ? yes 76 Streets and Driveways shown y--Road Frontage Name: E. Ab(+-ti &�'12 /;�0( m All Existing Structures Shown with setbacks and use. ❑ Identified Surface water(streams,ponds, shoreline,wetlands, natural/historic drainage, defined drainage) Topography (slopes) Minimum Struct4re Setbacks (direction/setback): F: / ,30' R: C / 37 ' S 1�/ � � S2 � / ❑ Utility and Drainage Easements: yes no (if yes enter condition 45022) ❑ Other Easements ❑ Accessory Appurtenances: propane tank Heat pump ❑ Does site plan show landings at all exits ? Variance applied for: yes no Parking spaces allotted: yes no e-� Access Permit Needed (add condition #0010) --ff-S e Access Permit needed (add condition 90020) i-e-Stmdard Planning conditions: 95019 and 4700 -Are there any impediments (dogs/gates) that may restrict access to your site? yes n� ❑ If yes, do we need appointment? yes no GIs site clearly marked Addre ame Other I( t�k lowle-4 ZONING UG ' ALL LFAIR/SHELTON al LAND DESIGNATIONS GC PF R-1 R-1P RC 1 RR 2.5 RICULTURAL POS FR R-2 R-1R RC 2 RR 5 LTC BI GC-CI R-3 RI RC 3 RR 10 IN-HOLD HC LTA R-5 RT RNT RR 20 TRIBAL T MU R-10 RT/RTC RNR MHP BP VC RAC NR Critical Areas: (streams, ponds, shoreline,wetlands & steep slopes) Shoreline Designation: ❑ N/A Urban ❑ Rural ❑ Conservancy ❑ Natural Water Body: Sc --L;, -1- SEPA: yes no uidMwn Flood Plain: (y?!D no unknown Map # Aquifer Recharge: yes no urn Map# Tatzs/Cases: RLC/SPI: 6 year Reforestation: yes o Eagle Nest Tag: yes 6P Other/North Bay Sewer: yes no 4� l� �1,� or, e;R' �. '1b C'ON)bt1 e- lots .