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GRD Letters / Memos - 8/20/2002
1 MEMORANDUM TO: LARRY WATERS,TAMI GRIFFEY and STEVE SWARTHOUTS� FROM: KRISTIN FRENCH o,r DATE: AUGUST 20,2002 RE: CHET'S TRUSS SITE: 1231741-00050/60/70 On July 30, 2002, Larry Waters (Building Official), Steve Swarthout (Fire Marshal), and Kristin French (Planner) conducted a site inspection at approximately 1980 Old Belfair Highway (12317-41-00050 / 60/70). The purpose of the site inspection was to evaluate concerns raised by a citizen complaint filed July 18, 2002. The following bulleted items represent the issues raised in the complaint, and in the space below each item please note any actions required by your department to resolve the issues. I would like to get a follow-up letter out to the property owner in a timely fashion and would like the letter to incorporate any and all issues that we (the County) plan to raise. • Truss Company operating begins at 6:00 or 7:00 in the morning. Increased production, noise, and associated traffic. • Grading on site exceeds 200 cubic yards with no County review/ Land Modification permit issued. • "Mystery business" operating in large blue building. Business using questionable chemicals and building� located over (on) county easement ditch. I Planning Department Response to Issue #1: This property was not identified/ specially zoned during the recent land classification effort (per consultation with Allan Borden). As such, it remains zoned as a Rural Residential (RR5) property. A copy of the permitted uses, accessory uses, and special permit required uses for RR5 parcels is attached. The truss company that operates in the open-air structure has operated since approximately 1990. As such, it is a legal, existing non-conforming land use. Legal, existing non-conforming land uses are subject to Mason County Development Regulations sections 1.05.011, .012, and .014. A violation of these sections has not occurred. The property owner should contact Long Range Planner Allan Borden at (360) 427-9670 ext. 365 to discuss the possibility of having the parcel re-zoned to eliminate the "non- conforming" status that currently exists. Planning Department Response to Issue #2: The Planning Department will rely on the determination made by the Building Department regarding the need for a Land Modification Permit. Planning Department Response to Issue#3: The Planning Department will rely on the determination made by the Fire Marshal regarding the status of the chemicals stored in the blue metal building permitted under BLD95-00032. The Planning Department will also rely on the determination made by the Building Department regarding the need for a Change of Use Permit based on Condition #3 associated with BLD95-00032. The condition provides that this building is classified as B-1 private garage (emphasis added) . . . Per the owner, Chet Loudin, the building was leased to Northwest Quality Steel Buildings from approximately 1998 to 2000. The building was then leased to Bay Decking and continues to be leased to Bay Decking (for approximately the last year). There is no public access to the building and two employees work in the building. If the current use is deemed by the Building Department to be consistent with BLD95- 00032, Condition #3, then the matter will be resolved. If the current use is deemed by the Building Department to be inconsistent with BLD95-00032, Condition #3, then the Planning Department will process the Change of Use application that is submitted and will approve or deny the Change of Use application based on review by Rick Mraz ext. 577. °1 1 04 220 Rural Residential 5 (BE"5) 1 1 04 221 Purpose This district provides for residential development on parcels of 5 acres or more L04.222 Uses Permitted A. USES& Single family residential, Hobby farm ( mall scale commercial -griculture, including aquaculture and wood lots) Church Local community and recreation centers Group home_ s Cell towers Fire station Fish hatchery. Public utilities B. ACCESSORY USES: Cottage Industry (home occupation) Single family residence. C. SPECIAL PERMIT REQUIRED USES Essential public facility, Schools commercial day care centers Home occupations and Cottage Industries that do not meet the standards in Section 1 03 021 1.04 223 Lot Requirements A. Density and lot size Maximum of 1 principal residence per 5 acres or 1/128th of a section and one accessory dwelling unit per parcel minimum lot size of 2 acres. except in an approved performance subdivision the minimum lot size is 20.000 sq. ft.- and except for fire stations B Lot width and depth. All lots shall have a minimum average width of not less than one-third of the median length and a minimum width at any point of 50 feet. C. Front yard setback 25 feet D. Side and rear yard setbacks Side and rear yard setbacks for the residential dwelling is five feet, for accessory buildings shall be five feet for accessory structures used for agricultural pumoses or home occupations shall be 50 feet- and for buildings of non-residential land uses shall be 25 feet E. A lot created by short plat large lot or long plat subdivision which is restricted to special purposes such as storm water storage comma ity play areas_ or utility facilities- and is restricted by perpetual covenants meeting county requirements to said purpose, is not required to meet minimum lot size requirements 1.04.224 Building Regulations A. Floor Area Ratio 1:20 except for fire stations B. Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings and agricultural buildings. C. Height. 35 feet except for agricultural buildings cell towers antennas or water tanks. 1.04.226 Off-street parkin Two spaces per residence See Parking Ordinance for other land uses parking setback for non-residential land uses shall be 25 feet 1.04 227 Special Provisions A. Cell towers shall be located per Ordinance No 5-98 Telecommunication Towers. B. Accessory dwelling units are required to meet Section 103 029 standards C. Government operated day care centers essential public facilities community centers, and schools may exceed 3,000 sq..feet as approved by a special use permit MASON QXNTY DEVELOPMENT REGULATIONS,ORD.82-96 J:iGMSHARODEV-REGS12001 D-REGS02_DF4 MARcti 5. 2002 NEW TEXT,eEtEFFEs TEXT PAGE 41 1.05 Administrative Procedures 1.05.010 Nonconforming Buildings and Uses 1.05.011 Applicability The provisions of this Section shall apply to buildings, lands or uses which become nonconforming as a result of the application of this Ordinance to them, or from the classification or reclassification of the property under this Ordinance, or any subsequent amendment thereto. 1.05.012 Continuing Existing Uses A. Any lawful use of land and/or building or structure, either existing or under construction, may be continued, without regard to whether the use or building becomes nonconforming as a result of application of this Ordinance. B. Any lawful use of land and/or building or structure for which a use or building permit has been applied may (subject to the issuance of such permit) be completed, and may be used as intended, without regard to whether the use or building would be nonconforming as a result of application of this Ordinance. C. Any lawful use of land and/or building or structure which is vested by application of state law may be completed, and may be used as intended, without regard to whether the use or building would be nonconforming as a result of application of this Ordinance. 1.05.014 Alterations and Enlargements A. Unless otherwise specifically provided in this Ordinance, nonconforming buildings shall not be enlarged or structurally altered unless the enlargement or alteration is required by law, or unless the enlarged building area is occupied by a conforming use. Any such enlargement or structural alteration shall meet the buffer requirements of this Ordinance, as those buffer requirements are applied to the entire parcel of land, subject to the determination of the Administrator, as set forth in Section 1.03.036(C)(3). B. Nonconforming non-residential uses and structures located outside Urban Growth Areas may be permitted to expand, subject to the following conditions: 1. The floor area of the existing building(s) shall not increase by MASON CkXWTY DEVELOPMENT REGULATIONS,ORD.82-96 J:W;MSHARDDEl-RE(3SiZ00J D-REGSOI.DF4 MARc3i S, 2002 NEW TEXT,9EbEFGB TEXT PAGE 59 more than twenty (20%) percent or ten thousand square feet, whichever is greater; and 2. The buffer yard requirements of this Ordinance shall be applied to the entire parcel of land, and shall be met, subject to the determination of the Administrator, as set forth in Section 1.03.036(C)(3). C. Nonnal upkeep, repair and maintenance of nonconforming structures is permitted, provided that such activities shall not increase the nonconformity of the use or structure(s). D. Unless otherwise specifically provided in this Ordinance, no nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than occupied by such use at the time this Ordinance becomes effective. E Unless otherwise specifically provided in this Ordinance, no nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by the nonconforming use at the time this Ordinance becomes effective. 1.05.016 Abandonment; reconstruction A. If any nonconforming use of land and/or building is abandoned, or ceases for any reason whatsoever(including destruction of the building) for a period of two years or more, then any future use of such land and/or building shall conform to the provisions of this Ordinance. Upon written request of the property owner, the Administrator shall grant one, one-year extension to the aforementioned two-year period. B. Any nonconforming building or structure which has been damaged or destroyed by fire, earthquake, flood, wind or other disaster may be rebuilt for the same nonconforming use only, subject to the following restrictions: i. The restoration or repair of such nonconforming building shall not serve to extend or increase the nonconformance of the original building or use, and 2. A building permit allowing for such restoration or repair must be issued within two years of the disaster. Upon written request of the property owner, the Administrator shall grant one, one- year extension to the aforementioned two-year period. MASON COUNTY DEVELOPMENT REGULATIONS,oRD.82-96 J:K;1SKARODEl-REGS12001ID-REGS02-DFt MARcH S, 2002 NEW TEXT, TEXT PAGE 60 — INVESTIGATION REPORT FORM Revised 10/6/94 Part A: Nature of Complaint • Initiator's Name: • Address: • Telephone: • Owner Name: L o(.A ^^ • Address: PJv ;K • Telephone: • Department of Concern ❑ Clerical Building ❑ Health Comm Development Fire �f • Area of Concern: ,O ❑ Process Delay ❑ Personnel ❑ Policy/Fee Code Violation ❑ Other Y 1 Refer to Director • Location of Concern: } � C •Nature of Concern: / . ✓G / • r �,�,... �.x C�fZ./J- Y. -- I I et°1 O (17 Z� uR ryQ Iva • On n 41-1 Part B: Concern Intake and Referral Received By: Referred To: Response Date: Name Date Name Date Date Part C: Findings Referral Forwarded to: ❑N/A ,.,, L _ Name Date Findings: 1,, IA �-�"^-,�p ��i'v+� --, �] ' 3 b" U.� '..� 1� � 1= oZ�,..,.-i 0-tA.s 681d, ) its S , ek,,,K s u b sP f 11e.. is^ s c �,t/,►► /l /ZI).1 ,J aAA w ( 9 /S" a 2 L L.-0 ,11 c 4- t/1 b f!f �'a►, s1y.i� fe� > � 8� � �5~- 0©b3.Z . T�•: hKrn ��, �.eyvr`�.J Part D: Resolution C.w— y aaa .: ��G1 (►L 6 C�i/�fi /( c+.— Y,� I N, }� w 1 7 I ./�P<f (Clr AT J /f T' T A AI A S�k PA r-u'1 f>a S �,� - bc, 4--,ram' -P T-L 11.z Grp:z Name Date K 1. Intake Copy-White File Copy-Yellow Referral Copy-Pink INVESTIGATION REPORT FORM `� n vU Revised 10/6/94 Cz] Part A: Nature of Complaint • Initiator's Name: • Address: • Telephone: • Owner Name: • Address: • Telephone: • Department of Concern ❑ Clerical ❑ Building ❑ Health ❑ Comm Development ❑ Fire • Area of Concern: t!? ❑ Process Delay ❑ Personnel ❑ Policy/Fee ❑ Code Violation ❑ Other Refer to Director • Location of Concern: `9 Y10 0 a C.G.i�" FH I r,w l4 U..)U 1 a.-Z-AJ D{)3 r—le.!,c# L 0 ?"S USS ,r}. .5r i A-71tri - <15 P)ee)I)t —f IQ" A-i i SE -rf I} • Nature of Concern: 1`/ T-$ 'A t-6 fr fOU/N& G1,0, - (.f�Of�'.K � 1st __ `�.�•• � .T`,'S` ,�c)C.'wl� ��N� <�; e. Part B: Concern Intake and Referral Received By: Referred To: Response Date: Name Date Name Date Date L Part C: Findings Referral Forwarded to: ❑N/A Name Date Findings: Part D: Resolution Name Date Intake Copy-White File Copy-Yellow Referral Copy-Pink