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Home My WebLink AboutDDR 2006-00401 Cancelled - DDR Application - 7/1/2011 �$oN coop MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg. 1 411 N. 5th P.O.Box 279 Shelton,WA 98584 >854 December 11, 2007 TO BE KEPT IN THE Ed Brassard PARCEL FILE 101 NE Kristiana Way Belfair WA 98528 j ; 2,� 12, 0 l < ct o RE: Your Rezone Application Regarding Parcel Number 12320-12-01140. Dear Mr. Brassard: This letter is in response to your application submitted to the Mason County Permit Assistance Center on December 4, 2006. On the rezone application that was forwarded to me, you have applied to change to the residential zone for this parcel. You noted on the application and included a drawing that two homes exist on the 2.07 acre property and that you want to create two lots each with a home on it. If approved, this would then enable you to sell one of the homes with the created lot. This letter should provide to you a summary of the County's review of this application. I believe that you submitted the paperwork with the intent to divide this property using a county provision included in the Mason County Development Regulations Section 17.03.2.B.3.B. (copy attached),which addresses situation in the case of more than one residence on an existing property at the time of regulation adoption in June 1996. If you were able to utilize this provision, you would not use a rezone application to separate properties; you would be applying for a short subdivision of your property to create new parcels. In the process of finding out more information about the property, I found that on August 14, 1996 you applied for and subsequently were granted a building permit to locate a second home for your mother-in-law on this parcel. At that time in 1996,this parcel was located with the boundaries of the Belfair Urban Growth Area, and the Community Development Director permitted you to locate the second residence as a conforming use within the urban growth area at that time. With the change of the urban growth area boundary to its current location to the east side of the Union River in 1998, your parcel is now located outside of the urban growth area, and the second home is now considered a non-conforming use that would then need a special use permit. i L�2 w'2,rA c.LJe1\-0 �k, Ste. �o v 4V\ PlCnr'Y^g co�ex of Due to these circumstances of timing of the old building permit requesting the accessory residence and the location outside the urban growth area, you would not qualify to divide the property through the above Development Regulations provision. The two residences would still be sited on a single parcel(PN 12320-12-01140). There is no advantage for you to seek the special use permit approval. The application rezone materials(and attached map drawing)that you submitted did not include the fees necessary to review the request; so refund of fees is not necessary on the part of Mason County. If you have questions on this matter, you may contact Allan Borden in the Department of Community Development at 427-9670 ext. 365. Sinc ely, Allan Borden Long Range Planner Enc. MASON COUNTY CODE 17.03.032 Development densities and dimensional requirements. (a) Development Densities. Development densities for residential development are calculated as the allowed number of dwelling units per acre (DU/ac). For nonresidential development, development densities are calculated as the amount of building floor area allowed per gross acre of land, the "floor area ratio"(FAR). For all development areas within the county, these development densities are shown in Figure 17.03.032 or are included in Chapter 17.04 for rural lands. (b) This chapter regulates residential lot development through the use of standard residential density limits and maximum residential density limits, as contained in Figure 17.03.032 and Chapter 17.04. The standard residential density shall be applied as follows: (1) On a lot existing at the time of the initial adoption of this chapter (June 17, 1998) and otherwise suitable for residential use, the standard residential density limit is used to determine the allowed number of dwelling units on the site. For example, in the Rural Residential 5 Zone the standard residential density is one dwelling unit per five acres. Therefore, a lot of five acres would comply with the standard residential density requirement for one dwelling; (2) If the existing lot does not have an adequate area to comply with the applicable standard residential density requirement, then one dwelling unit may be allowed. For example, in the rural activity centers the standard residential density is one dwelling unit per two and one-half acres. Therefore, if a lot was less than two and one-half acres, a dwelling unit may be allowed, provided that the lot could comply with all other applicable standards and requirements; (3) (A) Except through an approved subdivision or performance subdivision, pursuant to Mason County Code Title 16, or through the provisions of subsection (b)(3)(B), (3)(C), or (3)(D) of this section, no residential lot of less than the standard residential density may be created or reduced in size. The allowed residential density (allowed number of dwelling units) of the entire original property is allocated to the lots created. For example, in the Rural Residential 5 Zone, the standard residential density is one dwelling unit per five acres. Therefore, a rural area property or parcel of twenty acres might be divided into three lots of two acres each and one lot of fourteen acres, provided that the fourteen-acre lot would have the right to only one dwelling, and could not be further subdivided for residential purposes; (B) If a lot has more than one, but not more than four existing residential dwellings, then the administrator may approve the division of the lot in a manner that establishes each dwelling on a separate lot. Provided that: (i) Any new lot created by this method shall be considered a conforming lot, (ii) The provisions of this section shall apply only to lots and dwellings that were legally created and built, (iii) The provisions of this section shall not apply to dwellings that were permitted as accessory dwellings or temporary dwellings, (iv) In approving such a subdivision of land, the director shall make the following determinations: a. Each dwelling shall have access by frontage or easement to a public way, b. Each dwelling shall be connected to a septic system or sewer line adequate to serve the dwelling, c. Each dwelling shall be served by a sufficient supply of potable water, and d. The division of land shall occur in a manner that minimizes any nonconformity related to minimum lot size or setback requirement; MASON COUNTY DEC 4 2QQ6 DEPARTMENT OF COMMUNITY DEVELOPMENT 411 No. Fifth Street//P.O. Box 279,Shelton WA. 98584 y �e..1it';4t1i�i1J`.1iEi Ir APPLICATION FOR REQUESTED REZONE. [One application per parcel or contiguous group of parcels. This application does not guarantee approval. To legally approve a rezone request, the submitted request must meet the rezone criteria listed in the Mason County Development Regulations. You should discuss your proposal with the County Long Range Planner prior to application.] Applicant: GI 612 Mailing �1�1Address: � C \ t - "I l 1 ur)r 1.-J V City: 1) � I� t �2 State: U Zip: Telephone No.: L 2 a- L� L-1 6 Parcel Number(s): Parcel Size and Legal Description: 2 I� L What land use designation is requested ? i'L �(-� I t;, '� ` S [1 %iS tM �� S . ►�t.��, r. . A, Rationale for the Request: (include information on the property features, land use, and maps that will be used in considering your application) (see the attached information sheet) inn �,l< ►� I u Kr s 'rt FEE: 3 610.00 plus $156.00 per hour for over 5 hours processing. Signature and date HAWORMCOMPLAMcomp plan amend app revised.doc (ahb)