HomeMy WebLinkAboutDDR2011-00081 Special Use Permit Hearing - DDR Letters / Memos - 10/17/2011 October 17, 2011
Notice of Decision
Case: DDR2011 -00081
Applicant: Randy and Lois Henderson.
Notice is hereby given that Randy and Lois Henderson, who are the
applicant for the above-referenced Mason County Special Use Permit,
have been granted approval of that Special Use Permit. The request was
reviewed on September 27, 2011 by the Mason County Hearing Examiner
and approved with four conditions pursuant to the Mason County Title
17.05.044 Special Use Permit review to establish a cottage industry
commercial land use (and 16 sq. ft. area sign) on parcels in the Rural
Residential 5 zone at 1 mile southwest of the Allyn Urban Growth Area.
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
RECE� D
OCT 14 201
1 BEFORE THE HEARING EXAMINER FOR MASON CdM#V0. PLANNIH DERV
2
Phil 01brechts, Hearing Examiner
3
4
RE: Randy and L ise Henderson FINDINGS OF FACT, CONCLUSIONS
5 OF LAW AND FINAL DECISION
Special Use Permit
6 #DDR2011-000081
7
INTRODUCTION
8
The Applicants seek approval of a cottage industry to build a 1,584 building to house
9 a retail knitting business and a barber shop. The application is approved with
10 conditions.
11 ORAL TESTIMONY
12
Allan Borden, County planning staff, clarified that the need for the special use permit
13 is triggered by the parking needed for the project. Mr. Borden submitted Ex. 9, not
14 listed in the staff report, composed of photographs of the project.
15 Randy Henderson, Applicant, clarified the location of the parking and signage for the
project. He noted that the signs wouldn't block visibility of vehicles accessing the
16 site.
17 EXHIBITS
18 17
All exhibits identified in the "Case Index" of the September W,2011 staff report are
19 admitted. In addition, an 8x 11 compilation of three color photographs was admitted
during the September 27, 2011 hearing.
20 FINDINGS OF FACT
21 Procedural:
22
23 1. Applicant. The applicants are Randy and Louis Henderson.
24 2. Hearing. The Hearing Examiner conducted a hearing on the subject
application on Septemberl<, 2011 at 1:00 p.m., in the Mason County Commissioners
25 Meeting Chambers. Zq
Substantive:
SUP P. 1 Findings, Conclusions and Decision
{PA0810117.DOC;1\13009.900000\}
3. Site/Proposal Desc ion. The Applicants propose a cottage industry one mile
1 southwest of Allyn State Route 3. The cottage industry will be composed of two
2 separate businesses in one new 1,584 square foot building. The businesses are a
barber shop and a knit shop. The businesses are existing and would be relocated from
3 a site two miles away. County regulations require 8 parking spaces and one handicap
stall for the two businesses. The parcel for the proposed businesses is 4.18 acres in
4 area, located along the east side of SR 3, and has an older residence and several
outbuildings in the central area (Ex. 5). General topography is flat (less than 5%) in
5 the west half and just over 10%in the southeast portion. The well house is located in
6 the northeast portion of the parcel.
7 4. Characteristics of Area. In the vicinity are Stretch Island Fruit Company facilities
(400 feet to the south) and several residences on 2.00+ acre properties and other
8 vacant properties on both sides of the state highway. Sherwood Creek is situated
9 1,000 feet to the west,flowing north to Allyn and Case inlet.
10 5. Adverse Impacts. There are no adverse impacts evident from the record. No one
spoke in opposition to the project. As shown in Ex. 5, the parcel is separated by a
11. significant amount of trees and other vegetation from adjoining residential uses. The
proposal and adjoining uses are also on large parcels assuring sufficient buffering.
12 The proposed businesses are also quiet and occupy a relatively small space with no
noise, odor or other impacts that would affect adjoining uses. The conditions of
13 approval assure adequate parking, screening from SR 3, stormwater control and
14 adequate septic and water. The staff report notes that there are adequate roads, water
and fire protection. The Applicants will have to acquire a State Road Access Permit
15 from the Washington State Department of Transportation to assure safe vehicular
access to and from SR 3.
16
17 CONCLUSIONS OF LAW
18 Procedural:
19 1. Authority of Hearing Examiner. MCC 15.03.050(10) and 17.05.42
20 provide the Examiner with the authority to review and act upon Special Use Permits.
21 Substantive:
22 2. Zoning. The area is zoned as Rural Residential 5.
23 3. Review Criteria and Application. MCC 17.04.222(b) authorizes cottage
24 industries in RR 5 districts. However, 17.03.021 provides that a special use permit is
required for any cottage industry that fails to meet all requirements of MCC
25 17.03.021(1)-(7). MCC 17.03.021(l) provides that parking must be limited to
residents and employees. Since the Applicants are proposing services that trigger
parking requirements for barber and yam shop customers, a special use permit is
required. MCC 17.03.021 also requires that cottage industries comply with Mason
SUP p. 2 Findings, Conclusions and Decision
{PA0810117.DOC;1\13009.900000\}
County Comprehensive Plan Policy RU-524A. Applicable special use criteria are
1 quoted below and applied through corresponding conclusions of law.
2 MCC 17.05.044 SPECIAL USE REVIEW CRITERIA:
3
(1) That the proposed use will not be detrimental to the public health, safety and
4 welfare.
5 4. As identified in Finding of Fact No. 5, there are no adverse impacts
6 associated with the proposal as conditioned. The proposal also fosters economic
development. The proposal will not be detrimental to public health, safety and
7 welfare.
8 (2) That the proposed use is consistent and compatible with the intent of the
9 Comprehensive Plan.
10 5. Comprehensive Plan Policy RU-524A contains numerous requirements that apply
specifically to cottage industries. It provides that cottage industries should be used to
11 provide opportunities to supplement a family income, start up a business or establish
a work place at home. It further provides that the scale of the business should be
12 consistent with these types of uses. The proposed businesses will be located in a
building that is only 1,583 square feet in size. The Applicants have also noted in their
13 application materials that they will have less than 25 customers per day. The small
14 size of the building and the apparently low intensity of the proposed businesses
(barber and knit shops) appear to marginally comply with the scale required of a
15 cottage industry. The project will be conditioned as limited to a yearly average of
below 25 customers per day, with the intent that if the business attracts more
16 customers that the Applicants will either apply for an amended special use permit,
17 apply for a rezone or relocate the business to an area more suited for commercial
development.
18
RU-524A also requires the Applicants to live on the property. It is not immediately
19 clear from the record if the Applicants propose to comply with this requirement, so it
will be made a condition of approval.
20
21 RU-524A provides that no equipment or process shall be used in the cottage industry
that creates noise, vibration, glare, fumes, odors, or electrical interference detectable
22 to the normal senses off the property. The proposal will not generate any of these
impacts.
23
RU-524A prohibits any exterior alteration of the buildings or premises that are not
24 consistent with residential use,except for one sign up to thirty-two square feet in area.
25 MCC 17.03.021(5) requires a special use permit for any sign that exceeds 16 square
feet in area. MCC 17.03.021(4) allows more than one cottage industry on a parcel,
"provided that all of the criteria are met for all business combined". The latter
requirement establishes that the 16 square foot limitation applies regardless of how
SUP p. 3 Findings, Conclusions and Decision
{PA0810117.DOC;1\13009.900000\}
many businesses are located on site. The Applicants would need a special use permit
1 for a sign that exceeds the 16 square foot limitation. The staff report notes that the
2 purpose of the special use permit application was to authorize parking for customers.
It doesn't appear that there was anything in the planning files (at least to the extent
3 admitted into the record) that would have provided any notice to the public that the
special use permit application also encompassed a request to exceed the 16 square
4 foot requirement. The notice for the special use permit hearing didn't identify any
specific reason why the special use permit review was triggered. Unfortunately,
5 given these circumstances the Examiner has no authority to authorize a sign that
6 exceeds 16 square feet in area. Beyond the 16 square foot sign, the Applicants
propose no exterior alterations that are inconsistent with residential use.
7
Finally, RU-524A prohibits a cottage industry from creating excessive traffic or
8 adding parking facilities beyond those necessary for the operation. The staff report .
concludes that the roads are adequate to handle the traffic generated by the proposal
9 and the parking proposed is the minimum required by County parking standards.
10 For the reasons discussed above, as conditioned the proposal is consistent with RU-
11 524A. There are no other comprehensive plan policies that are more specifically
applicable to the proposal and the benign impacts of the proposal and its
12 compatibility with adjoining uses assures compliance with all more general
13 comprehensive plan policies.
14 (3) That the proposed use will not introduce hazardous conditions at the site that
cannot be mitigated through appropriate measures to protect adjacent properties and
15 the community at large.
16 6. Chemicals associated with hair salons can sometimes be toxic and/or
17 hazardous (it's unknown how much of an issue this is with barber shops as opposed
to salons). Staff should consult with the County health department and Applicants to
18 ensure that adequate measure are taken for the disposal of hazardous chemicals (if
any)used in the barber business.
19
(4) That the proposed use is served by adequate public facilities which are in place,
20 or planned as a condition of approval or as an identified item in the County's Capital
21 Facilities Plan.
22 7. As suggested at page 3 of the staff report, the Applicants will be required
to have a septic system designer validate that the proposed building and intended
23 businesses will have no adverse effect on the existing and proposed well' and on-site
waste water treatment system. As noted in the Findings of Fact, all other public
24 facilities are adequate.
25
1 Another part of the staff report, page 4, states that the site is served by a
public water system. Obviously, if there is no on-site well there will be no need for
validation of its adequacy.
SUP p. 4 Findings, Conclusions and Decision
{PA0810117.DOC;1\13009.900000\}
1 (5) That the proposed use will not have a significant impact upon existing uses on
2 adjacent lands.
3 8. As noted in the findings of fact, the proposal will not create any significant
adverse impacts.
4
(6) If located outside an Urban Growth Area, that the proposed use will not result in
5 the need to extend urban services.
6 9. The proposal will not create any need to extend urban services.
7
MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW:
8
MCC 15.09.055(C): Required Review: The Hearing Examiner shall review
9 proposed development according to the following criteria:
10 1. The development does not conflict with the Comprehensive Plan and meets
11 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16.
12 2. Development does not impact the public health, safety and welfare and is
13 in the public interest.
14 3. Development does not lower the level of service of transportation and/or
neighborhood park facilities below the minimum standards established within the
15 Comprehensive Plan.
16 10. As previously discussed, the proposal is consistent with the Mason County
Comprehensive Plan. The project is exempt from SEPA review under WAC 197-11-
17 800(1)(C)(iii). The proposal is conditioned to verify compliance with County septic
18 regulations (Title 8). No division of land is proposed so Title 16 is not applicable.
As determined in the Findings of Fact, the proposal will not create any significant
19 adverse impacts and promotes economic development so it does not impact public
health, safety and welfare and is in the public interest. The staff report concludes that
20 the proposal will not lower level of service for transportation and park facilities below
21 adopted standards and this finding is consistent with the type and intensity of use
proposed.
22
DECISION
23
The proposal is approved subject to the conditions identified in the staff report as well
24 as the following:
25 1. The owners of the cottage industries shall reside on the property.
2. The average earl number of customers shall be below 25 per day.
g yearly P Y
SUP p. 5 Findings, Conclusions and Decision
{PA0810117.DOC;1\13009.900000\}
3. Staff shall consult with the County health department and Applicants to ensure
1 that adequate measures are taken for the disposal of hazardous chemicals (if any)
2 used in the barber business to the extent required by County regulations.
4. As noted in the staff report, the Applicants will have a septic system designer
3 validate that any on-site water system and septic system is adequate to serve the
proposed building and businesses as required by County regulations.
4
5 Dated this 11 th day of October, 2011.
6
7 Phil Olbrechts
Hearing Examiner
8 Mason County
9
10 APPEAL
11 The decision of the Hearing Examiner is final and may be appealed to superior court
as outlined by the Washington State Land Use Petition Act, Chapter 36.70C RCW.
12
CHANGE IN VALUATION
13
14 Notice is given pursuant to RCW 36.7013.130 that property owners who are affected
by this decision may request a change in valuation for property tax purposes
15 notwithstanding any program of revaluation.
16
17
18
19
20
21
22
23
24
25
SUP p. 6 Findings, Conclusions and Decision
g
{PA0810117.DOC;1\13009.900000\}
RECEIV D
OCT 14 201
1 BEFORE THE HEARING EXAMINER FOR MASON Cd>P VVO. PLANNIN DEPL
2
Phil Olbrechts, Hearing Examiner
3
4 RE: Randy and Louise Henderson FINDINGS OF FACT, CONCLUSIONS
5 OF LAW AND FINAL DECISION
Special Use Permit
6 #DDR2011-000081
7
INTRODUCTION
8
The Applicants seek approval of a cottage industry to build a 1,584 building to house
9 a retail knitting business and a barber shop. The application is approved with
10 conditions.
11 ORAL TESTIMONY
12
Allan Borden, County planning staff, clarified that the need for the special use permit
13 is triggered by the parking needed for the project. Mr. Borden submitted Ex. 9, not
14 listed in the staff report, composed of photographs of the project.
15 Randy Henderson, Applicant, clarified the location of the parking and signage for the
project. He noted that the signs wouldn't block visibility of vehicles accessing the
16 site.
17 EXHIBITS
18 All exhibits identified in the "Case Index" of the September 14, 2011 staff report are
19 admitted. In addition, an 8x 11 compilation of three color photographs was admitted
during the September 27, 2011 hearing.
20 FINDINGS OF FACT
21 Procedural:
22
23 1. Applicant. The applicants are Randy and Louis Henderson.
24 2. Hearing. The Hearing Examiner conducted a hearing on the subject
application on September 14, 2011 at 1:00 p.m., in the Mason County Commissioners
25 Meeting Chambers.
Substantive:
SUP P. 1 Findings, Conclusions and Decision
{PA0810117.DOC;1\13009.900000\}
3. Site/Proposal Description. The Applicants propose a cottage industry one mile
I southwest of Allyn State Route 3. The cottage industry will be composed of two
2 separate businesses in one new 1,584 square foot building. The businesses are a
barber shop and a knit shop. The businesses are existing and would be relocated from
3 a site two miles away. County regulations require 8 parking spaces and one handicap
stall for the two businesses. The parcel for the proposed businesses is 4.18 acres in
4 area, located along the east side of SR 3, and has an older residence and several
outbuildings in the central area (Ex. 5). General topography is flat (less than 5%) in
5 the west half and just over 10% in the southeast portion. The well house is located in
6 the northeast portion of the parcel.
7 4. Characteristics of Area. In the vicinity are Stretch Island Fruit Company facilities
(400 feet to the south) and several residences on 2.00+ acre properties and other
8 vacant properties on both sides of the state highway. Sherwood Creek is situated
9 1,000 feet to the west, flowing north to Allyn and Case inlet.
10 5. Adverse Impacts. There are no adverse impacts evident from the record. No one
spoke in opposition to the project. As shown in Ex. 5, the parcel is separated by a
11 significant amount of trees and other vegetation from adjoining residential uses. The
proposal and adjoining uses are also on large parcels assuring sufficient buffering.
12 The proposed businesses are also quiet and occupy a relatively small space with no
noise, odor or other impacts that would affect adjoining uses. The conditions of
13 approval assure adequate parking, screening from SR 3, stormwater control and
14 adequate septic and water. The staff report notes that there are adequate roads, water
and fire protection. The Applicants will have to acquire a State Road Access Permit
15 from the Washington State Department of Transportation to assure safe vehicular
access to and from SR 3.
16
17 CONCLUSIONS OF LAW
18 Procedural:
19 1. Authority of Hearing Examiner. MCC 15.03.050(10) and 17.05.42
20 provide the Examiner with the authority to review and act upon Special Use Permits.
21 Substantive:
22 2. Zoning. The area is zoned as Rural Residential 5.
23 3. Review Criteria and Application. MCC 17.04.222(b) authorizes cottage
24 industries in RR 5 districts. However, 17.03.021 provides that a special use permit is
required for any cottage industry that fails to meet all requirements of MCC
25 17.03.021(1)-(7). MCC 17.03.021(1) provides that parking must be limited to
residents and employees. Since the Applicants are proposing services that trigger
parking requirements for barber and yarn shop customers, a special use permit is
required. MCC 17.03.021 also requires that cottage industries comply with Mason
SUP p. 2 Findings, Conclusions and Decision
{PA0810117.DOC;1\13009.900000\}
County Comprehensive Plan Policy RU-524A. Applicable special use criteria are
1 quoted below and applied through corresponding conclusions of law.
2 MCC 17.05.044 SPECIAL USE REVIEW CRITERIA:
3
(1) That the proposed use will not be detrimental to the public health, safety and
4 welfare.
5 4. As identified in Finding of Fact No. 5, there are no adverse impacts
6 associated with the proposal as conditioned. The proposal also fosters economic
development. The proposal will not be detrimental to public health, safety and
7 welfare.
8 (2) That the proposed use is consistent and compatible with the intent of the
9 Comprehensive Plan.
10 5. Comprehensive Plan Policy RU-524A contains numerous requirements that apply
specifically to cottage industries. It provides that cottage industries should be used to
11 provide opportunities to supplement a family income,start up a business or establish
a work place at home. It further provides that the scale of the business should be
12 consistent with these types of uses. The proposed businesses will be located in a
building that is only 1,583 square feet in size. The Applicants have also noted in their
13 application materials that they will have less than 25 customers per day. The small
14 size of the building and the apparently low intensity of the proposed businesses
(barber and knit shops) appear to marginally comply with the scale required of a
15 cottage industry. The project will be conditioned as limited to a yearly average of
below 25 customers per day, with the intent that if the business attracts more
16 customers that the Applicants will either apply for an amended special use permit,
17 apply for a rezone or relocate the business to an area more suited for commercial
development.
18
RU-524A also requires the Applicants to live on the property. It is not immediately
19 clear from the record if the Applicants propose to comply with this requirement, so it
will be made a condition of approval.
20
RU-524A provides that no equipment or process shall be used in the cottage industry
21 that creates noise, vibration, glare, fumes, odors, or electrical interference detectable
22 to the normal senses off the property. The proposal will not generate any of these
impacts.
23
RU-524A prohibits any exterior alteration of the buildings or premises that are not
24 consistent with residential use,except for one sign up to thirty-two square feet in area.
25 MCC 17.03.021(5) requires a special use permit for any sign that exceeds 16 square
feet in area. MCC 17.03.021(4) allows more than one cottage industry on a parcel,
"provided that all of the criteria are met for all business combined". The latter
requirement establishes that the 16 square foot limitation applies regardless of how
SUP p. 3 Findings, Conclusions and Decision
{PA0810117.DOC;1\13009.900000\}
many businesses are located on site. The Applicants would need a special use permit
I for a sign that exceeds the 16 square foot limitation. The staff report notes that the
2 purpose of the special use permit application was to authorize parking for customers.
It doesn't appear that there was anything in the planning files (at least to the extent
3 admitted into the record) that would have provided any notice to the public that the
special use permit application also encompassed a request to exceed the 16 square
4 foot requirement. The notice for the special use permit hearing didn't identify any
specific reason why the special use permit review was triggered. Unfortunately,
5 given these circumstances the Examiner has no authority to authorize a sign that
6 exceeds 16 square feet in area. Beyond the 16 square foot sign, the Applicants
propose no exterior alterations that are inconsistent with residential use.
7
Finally, RU-524A prohibits a cottage industry from creating excessive traffic or
8 adding parking facilities beyond those necessary for the operation. The staff report
concludes that the roads are adequate to handle the traffic generated by the proposal
9 and the parking proposed is the minimum required by County parking standards.
10 For the reasons discussed above, as conditioned the proposal is consistent with RU-
11 524A. There are no other comprehensive plan policies that are more specifically
applicable to the proposal and the benign impacts of the proposal and its
12 compatibility with adjoining uses assures compliance with all more general
13 comprehensive plan policies.
14 (3) That the proposed use will not introduce hazardous conditions at the site that
cannot be mitigated through appropriate measures to protect adjacent properties and
15 the community at large.
16 6. Chemicals associated with hair salons can sometimes be toxic and/or
17 hazardous (it's unknown how much of an issue this is with barber shops as opposed
to salons). Staff should consult with the County health department and Applicants to
18 ensure that adequate measure are taken for the disposal of hazardous chemicals (if
any)used in the barber business.
19
(4) That the proposed use is served by adequate public facilities which are in place,
20 or planned as a condition of approval or as an identified item in the County's Capital
21 Facilities Plan.
22 7. As suggested at page 3 of the staff report, the Applicants will be required
to have a septic system designer validate that the proposed building and intended
23 businesses will have no adverse effect on the existing and proposed well' and on-site
waste water treatment system. As noted in the Findings of Fact, all other public
24 facilities are adequate.
25
1 Another part of the staff report, page 4, states that the site is served by a
public water system. Obviously, if there is no on-site well there will be no need for
validation of its adequacy.
SUP p. 4 Findings, Conclusions and Decision
(PA0810117.DOC;1\13009.900000\)
1 (5) That the proposed use will not have a significant impact upon existing uses on
2 adjacent lands.
3 8. As noted in the findings of fact, the proposal will not create any significant
adverse impacts.
4
(6) If located outside an Urban Growth Area, that the proposed use will not result in
5 the need to extend urban services.
6 9. The proposal will not create any need to extend urban services.
7
MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW:
8
MCC 15.09.055(C): Required Review: The Hearing Examiner shall review
9 proposed development according to the following criteria:
10 1. The development does not conflict with the Comprehensive Plan and meets
11 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16.
12 2. Development does not impact the public health, safety and welfare and is
13 in the public interest.
14 3. Development does not lower the level of service of transportation and/or
neighborhood park facilities below the minimum standards established within the
15 Comprehensive Plan.
16 10. As previously discussed, the proposal is consistent with the Mason County
17 Comprehensive Plan. The project is exempt from SEPA review under WAC 197-11-
800(1)(C)(iii). The proposal is conditioned to verify compliance with County septic
18 regulations (Title 8). No division of land is proposed so Title 16 is not applicable.
As determined in the Findings of Fact, the proposal will not create any significant
19 adverse impacts and promotes economic development so it does not impact public
health, safety and welfare and is in the public interest. The staff report concludes that
20 the proposal will not lower level of service for transportation and park facilities below
21 adopted standards and this finding is consistent with the type and intensity of use
proposed.
22
DECISION
23
The proposal is approved subject to the conditions identified in the staff report as well
24 as the following:
25 1. The owners of the cottage industries shall reside on the property.
2. The average yearly number of customers shall be below 25 per day.
SUP p. 5 Findings, Conclusions and Decision
{PA0810117.DOC;1\13009.900000\}
i
3. Staff shall consult with the County health department and Applicants to ensure
1 that adequate measures are taken for the disposal of hazardous chemicals (if any)
2 used in the barber business to the extent required by County regulations.
4. As noted in the staff report, the Applicants will have a septic system designer
3 validate that any on-site water system and septic system is adequate to serve the
proposed building and businesses as required by County regulations.
4
5 Dated this 11 th day of October, 2011.
6
7 Phil Olbrechts
Hearing Examiner
8 Mason County
9
10 APPEAL
11 The decision of the Hearing Examiner is final and may be appealed to superior court
as outlined by the Washington State Land Use Petition Act, Chapter 36.70C RCW.
12
CHANGE IN VALUATION
13
14 Notice is given pursuant to RCW 36.70B.130 that property owners who are affected
by this decision may request a change in valuation for property tax purposes
15 notwithstanding any program of revaluation.
16
17
18
19
20
21
22
23
24
25
SUP p. 6 Findings, Conclusions and Decision
{PA0810117.DOC;1\13009.900000\}
CASEINDEX
Henderson Cottage Industry Special Use Permit
DDR2011-000081
Exhibit# Date Description
1 September 27, 2011 Staff Report
2 August 5, 2011 Special Use Application, Layout Map and
Supple ental Information
3 August 22, 2011 Vicinity Ma
4 August 22, 2011 Vicinity Aerial
5 August 17, 2011 Site Aerial
6 August 1, 2011 Site Plan of Development
7 August 15, 2011 Notice of Application
8 September 13, 2011 Affidavit of Posting
Henderson SR3 cottage industry SUP case index.doc
DDR201 1-000081 Page 1 of 5 Revised 9/14/11
Mason County i:�Yhl
Department of Planning
Building I * 411 N. 5th Street * P.O. Box 279
Shelton,Washington 98584 * (360)427-9670
TO: Mason County Hearings Examiner
FROM: Planning Staff— Allan Borden - ahb@co.mason.wa.us
RE: Special Use Permit(DDR2011-00081)to establish a new commercial building on a
parcel of Rural Residential 5 property southwest of the Allyn WA.
HEARING DATE: September 27t', 2011 1:00 pm
STAFF REPORT
I. Project Description. This report evaluates the establishment of a new business and
building(1,584 sq. ft. area) on one parcel with a residence and outbuildings in the Rural
Residential 5 property 1 mile southwest of the Allyn WA.
A Special Use Permit is necessary (Exhibit#2)as part of the public review required by
the Mason County Development Regulations standards(Sec. 17.03.021)to evaluate the
nature and scope of the proposed land use on Rural Residential 5 Lands in this area of
Mason County, including traffic, parking area, and screening aspects.
II. Applicant. Randy and Lois Henderson.
III. Property Location.At 16590 E State Route 3, Allyn;one mile south of the Allyn
Urban Growth Area(Exhibit#3); within the northeast '/4 of the northeast %4 of Section 31
Township 22N., Range 1W. in Mason County Washington. [Parcel# 12231-11-000001.
IV. Evaluations.
A. Characteristics of the site. The parcel is 4.18 acres in size, located along the east side
of State Route 3, and has an older residence and several outbuildings in the central
area(Exhibit#5). General topography is flat(less than 5 percent) in the west half
and just over 10 percent in the southeast portion. The existing driveway enters the
property from the northwest. The well house is situated in the northeast portion.
B. Characteristics of the area. In the vicinity are Stretch Island Fruit Company facilities
(400 feet to the south), and several residences on 2.00+acre properties and other
vacant properties on both sides of the state highway. State Route 3 is a key
transportation routes in the area between Allyn and Belfair, 1 to 5 miles to the north
and Shelton 16 miles to the south. Sherwood Creek is situated 1,000 feet to the west,
flowing north to Allyn and Case Inlet(Exhibit#4).
Henderson SR3 cottage industry SUP staff reporLdoc
DDR20 1 1-00008 1 Page 2 of 5 Revised 9/14/11
C. Shoreline Desi ng ation. Off to the west of the project area,the shoreline designation
along Sherwood Creek is Conservancy Environment. Typical land uses are open space
and single-family residential, except for the Stretch Island Fruit Company facilities.
D. Comprehensive Plan Designation/Zoning. The Mason County Comprehensive Plan
designation for the site is Rural Lands one mile from the Allyn Urban Growth Area.
The zoning is Rural Residential 5,and cottage industries may be permitted land uses
following Special Use Permit approval.
V. SEPA Compliance. This proposed land use is SEPA exempt per WAC 197-11-800.1(c),
as the proposed building is less than 12,000 sq. ft. in size.
V1. Other Required Permits. A building permit will be required for each proposed
structure or structure modification. A stormwater site plan will be required during the
review of the development permits. A State Road Access permit for this proposed
commercial use will need evaluation and approval by WA State Dept. of Transportation.
VII. Public Notification of Hearing. The Notice of Application(Exhibit#7)was published in
the Mason County Journal for two weeks on August 18 and 25,2011. On September 16,
2011 a Notice of Application was posted at two sites and the local post office. This notice
was mailed to neighboring property owners within 300 feet on September 6, 2011. An
Affidavit of Posting of the notices was completed on September 14, 2011 (Exhibit#8).
VIII. Analysis. The following additional information is required for analyzing the proposal,
preparing the necessary conditions, and providing consistency with dimensional and
performance standards relevant county regulations.
The applicants have applied for the review of a Special Use Permit to enable them to
construct a commercial building(Exhibit#6)on a property with an existing residence and
operate a barber shop and knit& spinning supply shop as a home occupation/cottage
industry land use, as they former did within the Town of Allyn in the recent past.
A. Mason County Development Regulations, Section 17.03.021
This special provision of the Cottage Industries section states that the proposed use
may accommodate an area for parking for residents and employees; and if additional
area for parking for use by the public/customers is needed,application and
evaluation a Special Use Permit is required.
Staff Response: As the Applicants propose the need for a parking area for 8
standard and one handicap parking stalls, a Special Use Permit is required. A
Special Use Permit application was submitted by the Hendersons and includes
supplemental information for consideration in their request(Exhibit#2). Their
sheet of responses provides supportive information about the location, vicinity,
access points, improvements present, water and septic treatment provided, and
potential stormwater treatment provided on the subject parcel.
B. Applicable Special Use Review Criteria (MCDR 1.05.046):
1. Will the proposed use be detrimental to the public health, safety and welfare?
Henderson SR3 cottage industry SUP staff report.doc
DDR2011-000081 Page 3 of 5 Revised 9/14/11
Staff Response: A driveway from State Route 3 already exist on the west side of
the property. Proper ingress and egress can be secured by a State Road Access
Permit from WA. State Dept. of Transportation, taking into consideration sight
distances along the highway and the anticipated traffic generated from the
change to a commercial land use. The applicant will need to have a septic system
designer validate that the proposed buildings and intended uses will have no
adverse effect on the existing and proposed well and on-site wastewater treatment
system. Proposed buildings will need to be at least 50 feet from side property
lines and 40 feet from the front(road)property line.
2. Will the proposed use be consistent and compatible with the intent of the
Comprehensive Plan?
Staff Response: The applicant states that this commercial building proposal is
consistent with GMA policies supporting protection of the environment, existing
land uses,future residential land uses and rural character away from the urban
growth areas. The Comprehensive Plan policies below are used for review:
Cottage Industry within the Rural Area
RU 523 Foster low impact cottage industries in the rural area in order to accommodate
economic and employment opportunities outside ofRAC's, Hamlets and UGA's.
RU 524A Permit Cottage Industries conducted as an accessory use within a single family
dwelling or building accessory to a dwelling and which are wholly incidental and
subordinate to the residential use of the property throughout the unincorporated
portions of the County subject to the following criteria:
Cottage industry is defined as limited small scale commercial or industrial activities
including fabrication or production of goods or provision of services which are
conducted without adverse impacts on the surrounding environment. The scale of the
operation is considerably less than would require an outright rezone to industrial or
commercial districts.
Cottage industries are permitted in order to provide opportunities to supplement a
family income, start up a business, or establish a work place at home. A cottage
industry shall not grow beyond the scale permitted for such activities unless it is
moved to a location designated for commercial or industrial uses.
Cottage industry activities shall consist of a limited-scale service or fabrication.
RU-531 Resource-based industrial and commercial uses should be allowed to locate or
expand in Rural Areas,provided that: they do not require urban levels of government
service, they do not conflict with natural resource based uses, they are compatible
with surrounding rural uses, any public services or facilities provided for the
development shall be limited to that necessary for the development and shall not be
provided in a manner which permits low-density sprawl, and critical areas are
protected..
The policies noted above reinforce that the location of this proposed small-scale
commercial use will not be contrary to the goals of the Comprehensive Plan and
Henderson SR3 cottage industry SUP staff report.doc
DDR2011-000081 Page 4 of 5 Revised 9/14/11
that development standards under the Rural Residential 5 zone cottage industry
land use will protect present and future land development in the vicinity.
3. Will the proposed use introduce hazardous conditions at the site that cannot be
mitigated through appropriate measures to protect adjacent properties and the
community at large?
Staff Response: The applicant has stated that there will be no hazardous
conditions or activities associated with the proposed buildings or land uses, so no
mitigation to protect nearby properties is necessary. The property already is the
site of a single-family residence with associated outbuildings. The proposed
building and commercial land use will have associated parking areas to the west
of the planned structure and stormwater infiltration ditches nearby.
4. Is the proposed use served by adequate public facilities, which are in place, or
planned as a condition of approval or as an identified item in the County's Capital
Facilities Plan?
Staff Response: This proposed land use will be served by a public water system
and on-site septic treatment system to serve the commercial land use. Proposed
development will follow Mason County codes for construction and occupancy.
Public transit is available to this site location. Fire District#5 station is 1.5
miles to the north in Allyn. No demand for services requiring new capital
facilities project is anticipated with the proposal.
5. Will the proposed use have a significant impact upon existing uses on adjacent
lands?
Staff Response: The project as proposed will not have any significant impacts
upon the existing use on adjacent lands. The surrounding land uses to the north,
west, south and east are residential on medium-sized parcels. Land uses to the
southwest are commercial/industrial land uses. The proposal layout of the
commercial land use can be screened by existing vegetation and topography and
by additional plantings and fencing near the north and south property lines. The
anticipated trafc from the barber shop and knit shop uses is estimated to be a
mild generator, will have a state-approved access, and have no adverse effects on
local road usage.
6. If located outside an Urban Growth Area, will the proposal result in the need to
extend urban services?
Staff Response: The proposal is one mile to the southwest of the Allyn Urban
Growth Area. The applicant states that the upgraded well and septic system, and
stormwater infiltration ditches, will provide the needed services for this land use.
C. Applicable Title 15 Review Criteria: Per section 15.09.050 (C)(1-3),the Hearing
Examiner shall review a proposed development according to the following 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.
Staff Response: To address each Title:
Title 6—Adequate septic and water service shall be provided for this land use on
the subject property. If the special use permit is approved, these services will
Henderson SR3 cottage industry SUP staff report.doc
DDR20 1 1-00008 1 Page 5 of 5 Revised 9/14/11
i
need to support the public facility associated with the commercial building and
provided to proper state health standards.
Title 8 - The proposal will be located outside of stream, shoreline, wetland, or
landslide hazard critical areas and buffers as much as possible. No special
studies are needed for the review of this proposal.
Title 16—Existing lots of record are owned by the applicants. No modification
or combination of lots is necessary to propose the commercial building and
parking areas.
2. The development does not impact the public health, safety and welfare and is in
the public interest.
Staff Response: The proposed project will provide safe access to the property
(state road access permit) and the proper water and septic upgraded with the new
land use. Perimeter plantings near structures and fencing adjacent to property
lines can screen the proposed buildings and land uses from adjacent residential
land uses.
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.
Staff Response: The anticipated traffic_from the proposed commercial land use
is estimated to generate low to moderate amounts of vehicle traffic, but not cause
increased demand or problems to levels of transportation services in the vicinity.
Neighborhood parkfacilities would not be required for this land use and the
minimum standards for parks established within the Comprehensive Plan will not
be lowered.
IX. Project Analysis: Based upon the review of these policies and regulations,the proposed
commercial building and land use as a cottage industry conforms to the Mason County
Development Regulations and the Comprehensive Plan.
X. Conclusions. As proposed,the project is consistent with the Mason County Development
Regulations. Staff recommends approval subject to the following conditions:
1) The site plan for the commercial building construction shall include vegetation plantings
and fencing or fence panels along property lines to screen the new development from
adjacent properties; and approved state highway permit for ingress and egress.
2) Adequate parking areas shall be provided for these land uses [1 stall per work station
and per employee (barber) or per 300 sq. ft. of net floor area(retail)] located on the
subject property.
3) A stormwater plan shall be prepared as part of site planning to address the control and
treatment of runoff from roof and graded and parking surfaces during rainfall events.
XI. Choices of Action.
A. Approve.
B. Approve with condition.
C. Deny with prejudice (reapplication or resubmittal is not allowed for one year).
Henderson SR3 cottage industry SUP staff report.doc
Special Use Permit: $1,135 Mason County Permit Center Use:
Plus Hearings Examiner: $2,005 or $670 for ADU's
DDR
Date Rcvd ^u
MASON COUNTY L(���
DEPARTMENT OF COMMUNITY DEVELOPMENT
426 W Cedar Street/P.O.Box 186, Shelton,WA 98584
APPLICATION FOR SPECIAL USE
A Special Use is one that possesses unique characteristics due to size, nature, intensity of use, technological
processes involved, demands upon public services, relationship to surrounding lands, or other factors. The
purpose of this application is to provide for adequate oversight and review of such development proposals, in
order to assure that such uses are developed in harmony with surrounding land uses, and in a manner consistent
with the intent of the Development Regulations for Mason County; Ordinance No. 82-96. Acceptance of this
application by Mason County does not guarantee approval of request.
Type of Special Use Permit:
❑, Communications Tower ❑ Accessory Dwelling Unit ❑ Oversize Construction
(Other:
Applicant Name &JX1ieC,-)0oQ Telephone#(56!0)
Mailing Address
Site Address /6f Jf2 o ' t<
Tax Parcel# Z 2-2-3 1
Legal Description
Property Owner Names
Project Description e57r-C a Z. r- �.
_&L'hevr- ka)� q_ hCZ'
Please provide a site plan that includes the following:
1) Indicate Scale and North Arrow.
2) Property line dimensions,easements, and right-of-ways.
3) The location of all existing and proposed structures. Include square footage of existing and proposed
structures.
4) Setback distance, in feet from all property lines and structures.
5) Existing and proposed road access to and from the site.
6) Parking spaces.
7) Location of on-site sewage tanks and drainfields.
I:\Community Development\PAC\SPECIAL USE Page 1 of 3 Updated 6/17/2010
8) Location of drinking water supply. Include location on the proposed site and surrounding parcels.
9) Steep bluffs,wetlands,streams,and bodies of water
10)Location of fire hydrants and emergency vehicle access roads, including grade.
11) Surface and storm water run-off routes.
On a separate piece of paper,state your reasons for requesting a Special Use Permit and be sure to address
the following six criteria. Your request will be evaluated based on these criteria.
1) Will the proposed use be detrimental to public health, safety,and welfare?
2) Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan?
3) Will the proposed use introduce hazardous conditions,at the site,that cannot be mitigated through
appropriate measures to protect adjacent properties and the community at large?
4) Is the proposed use served by adequate public facilities,which are in place,planned as a condition of
approval or as an identified item in the County's Capital Facilities Plan?
5) Will the proposed use have a significant impact upon existing uses on adjacent lands?
6) If located outside of an Urban Growth Area,will the proposal result in the need to extend urban services?
#of Pages Attached: �r jj L� l
Applicant(s) Signature r� Date O _
Publication Cost Agreement
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.
Signature of Property Owner Date Print Name
OR
Signature of Applicant Date Print Name
IACommunity DevelopmentTAC\SPECIAL USE Page 2 of 3 Updated 6/17/2010
I have had Lois' Barber Shoppe for the last 17 years and the Allyn Knit Shop &
Spinning Supply for the last 7 years and have been renting in the "Middleton"
building for 17 years. Hugh and I have spoken about him selling the building and
if that happens there is no other building in town that I could run both shops out
of like I can now.
Our proposed building would be on property we own right on highway 3, roughly
2 miles south from where my shops are located now. The Barber Shop and the
Knit Shop are both very quiet businesses.
1) It would not be detrimental to public health, safety or welfare.
2) We feel the use would be consistent and compatible with the intent of the
Comprehensive Plan.
3) No hazardous conditions will be introduced at the site.
4) We will have adequate public facilities in place.
5) There will be no significant impact upon existing uses of adjacent lands.
6) We are outside the UGA, but there will be no need to extend urban
services.
7) Hours of operation Sun 12-4,
Mon 10-8
Tues-Fri 8-5
Sat 8-4
8) Parking areas and building-see site plan
9) Erosion control will be straw and erosion control fencing as needed.
10) Honey bucket during construction and ADA restroom in building
upon completion.
11) As discussed with State Highway personnel, less than 25 customers
per day.
APPLICATION FOR SPECIAL USE INFORMATION
1) North arrow is pointed back towards Belfair.
2) Scale on map is one block represents 50 feet. Heavy line common with Hwy 3 is the Right
away line on lay out map. Property is 307 feet wide and 560 feet long. Proposed building is 45
feet from Hwy 3 and 104 feet from south property line. The building is 36 feet by 44 feet with a
3 foot over hang on all sides.
3) The proposed structure is 1584 sq./ft.
4) See map for other structures. Proposed building is 45 feet from Hwy 3 and 104 feet from
south property line.
5) 2 each existing entrances will be expanded to meet commercial standards as already
discussed with State Hwy office personnel Debbie Maker. North drive way will be used as an
exit. The South drive way will be used as an entrance. There will be an expansion of the South
drive way to best accommodate the parking area's.
6) There will be 8 standard parking spaces and one Handicapped Space per code.
7) The proposed sewage system is a pump tank located at the back of the building. That will use
a solids pump to pump to the existing house tank which has 82 ft. of excess drain field. The
current buildings water usage in Allyn is 30 gallons daily. See location of house tank and drain
field on map.
8) The water will come from an on site well (Henderson well) this system is currently a 2 party
system and will up graded to a group B well. Mike Davis has been contacted and consulted. Mr.
Davis feels there will be no issues to convert the well to a group B well system.
9) There is a 4% grade in the area of the proposed structure and no wetlands or bodies of
water.
10) Both the South exit and North entrance connect to make a loop and either can be used to
access the property and are only a 4 % grade.
11) There are 2, 80 ft. infiltration (gravel less chamber trenches) located 10 ft. from the
structure on the Hwy 3 side of the building. The first trench will handle the roof run off. The
second, closer to Hwy 3 will handle the run off from the curtain drain from the drive way
widening and the 4 standard parking places. The upper parking spaces and the road widening
will be handled with the 66 ft. gravel trench at the back of the building and any over flow will be
directed towards the existing natural swale paralleling Hwy 3 on map. All piping will pass thru a
sump with a tee and filter prior to entering the trenches to prevent plugging the trenches.
i
RANDALL & LOIS HENDERSON ANDY TAYLOR
P.O. BOX 598 40 E ADELLE LANE
ALLYN WA 98524 ALLYN WA 98524
WILLIAM & CONSTANCE DECKMAN BEVERLY& DAVID WESTON
P.O. BOX 1308 P.O. BOX 488
ALLYN WA 98524 GRAPEVIEW WA 98546
SHANNON LEINNEWEBER WAYNE WEGAN
P.O. BOX 2835 703 7T" AVE.
BELFAIR WA 98528 PRAIRIE FARM WI 54762-9111
JOSH SCHNIRCH WA STATE DEPT. OF NATURAL RESOURCES
P.O. BOX 2003 DIV. OF LANDS & MINERALS
BELFAIR WA 98528 P.O. BOX 47016
OLYMPIA WA 98504-7016
DEBRA GAU JERRY JAY HARDING
P.O BOX 242 16460 E STATE ROUTE 3
ALLYN WA 98524 ALLYN WA 98524
NANCY BURROWS
SUITE K
23969 E STATE ROUTE 3
BELFAIR WA 98528
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MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
P.O. Box 279, Shelton,WA 98584
(360)427-9670
DDR2011-00081 NOTICE OF SPECIAL USE PERMIT.
Notice is hereby given that Randy and Lois Henderson,who are the owners of the described property
below,have filed an application for a Special Use Permit for the development of:
Construction of a 1,584 sq. ft. commercial building(44 ft. by 36 ft. area),parking area, and
n a 4.18 acre-propertyand zoned Rural Residential 5 zone. To operate a
stormwater treatment o
cottage industry business (barber shop and a knit shop) in this zone,the applicant must receive
review and approval through a Special Use Permit public hearing by the County Hearing
Examiner.
Parcel Number: 12231-11-00000 (4.18 ac.)
Site Address: 16590 E State Route 3,Allyn WA.
Location of Project: East side of State Route 3 at 1.25 miles south of Allyn; within the northeast
'/a of Section 31, Township 23 N., Range 1 W. in Mason County Washington.
Said proposed development is subject to Special Use Permit review(M.C.C. 17.05.040)and associated
Mason County Development Regulations standards. Any person desiring to express their view or to be
notified of the action taken on the application should notify in writing of their interest to:
MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
PO BOX 279
SHELTON,WA 98584
The comment period is at least 10 days from the final date of publication given pursuant to M.C.C.
15.07.030 (public notice). Final date of publication,posting or mailing of notice is August 25,2011.
Written comments will be accepted up to the date of the Hearings Examiner public hearing Tuesday
September 27, 2011; 1:00 PM. in Mason Co. Building I Commissioners' Chambers. Contact this
office at(360)427-9670, ext. 365 for further information.
This construction proposal is exempt from further environmental review per WAC 197-11-800(l)(c).
(�x k'L b & 0
AFFIDAVIT OF POSTING NOTICE
UDC' u t (-WON
STATE OF WASHINGTON ) s So
ss.
COUNTY OF MASON )
I, do hereby certify that I posted copies of
the attached "1 � in _ public places as follows:
one at ky[A exod ahipt, S� rk 3
one at 3fj,G,404� a'e " Sfa
one at 41(ka P*- Offlz�
In witness whereof, the party has signed this Affidavit of Posting Notice this _ _d`ay
of , 20_t( .
By: Zl'�
Address: ��r� �� J (cetAt W4
STATE OF WASHINGTON )
) ss.
COUNTY OF MASON )
Subscribed and sworn to me this �7 day of / 64C--J , 20 1/
----------------------------
SUSAN M. ELLINGSON
NOTARY PUBLIC 'jam.
Notary Public f r the State of Washington
ashington
STATE OF WASHINGTON
My Commission Expires Apr.30,2015 Is
�------------------•--....... Residing at / J
Commission Expires / �/ �/