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HomeMy WebLinkAboutCOM2002-00072, 00088 and SHR2002-00016 Extension Request - COM Letters / Memos - 12/28/2010 �60N C° MASON COUNTY �` rp Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 1854 December 28, 2010 Richard and Bonnie Knight Post Office Box 84 Allyn, WA 98524 Re: Request for Extension of Commercial Building Permits COM2002-00072; COM2002-00088; SHR2002-00016 Dear Richard and Bonnie, I have received your letter dated December 10, 2010 and apologize for not getting back to you sooner. The holidays and bad weather have made the normal course of business a bit challenging. Nevertheless, I have looked into your request and discussed the history of your permits with both Allan Borden and Mark Core. It ap pears that you've continued e to make progress under both of our commercial pp Y p g Y building permits which may enable them to remain active. Unfortunately, however, the shoreline development permit associated with those building permits has expired. The Washington Administrative Code mandates that all construction activities be commenced within two years of the effective date of the permit. This time period may be extended if requested within those two years. Since I see no evidence of such a request, we can establish that the effective date of your permit was in November of 2002. The State Code further states that any authorization to conduct development activities shall terminate five years after the effective date of the permit. This means that your shoreline development permit (SHR2002-00016) expired at the end of 2007. There is also a provision that allows for a one year extension provided it is requested prior to the expiration date. I did not find any such request in our records. Therefore, the commercial building permits cannot be extended until a new shoreline development permit is issued. The building permits are at this time still active, however in order to obtain any extensions you will need to submit a new Shoreline Conditional Use permit application by Tuesday, February 15, 2011. It is my understanding from Allan that with the issuance of the building permits in 2004,the building footprints are approved and may remain in their current location. The native vegetation restoration and Stormwater permit, however, will need to be implemented as the new Shoreline Conditional Use Permit application is made. If I have misunderstood your request or if any of the information I have provided is unclear, please let me know at your earliest convenience. Please feel free to give me a call at (360) 427-9670, ext. 286 or Allan Borden at ext. 365. Sin ely, Barbara A. dkins, AICP Department Manager c: Allan Borden Mark Core RECEIVED DEC 10 2U1U December 10,2010 MASON CO. PLANNING DEPT. Department of Community Development P. O. Box 186 Shelton, WA 98584 Dear Ms. Barbara Adkins We request that permits COM2002-00088 (Building A) and COM2002-00072 (Building B) be extended for one year. We have completed one of the originally permitted buildings, Building C and are running our kayak business on the ground floor with a vacation rental unit on the upper floor. We are marketing the unit to kayakers as a kayak vacation rental and off season to other vacationers. So far we have had food response due to the waterfront location. We have tremendous support feedback from the community indicating the need for a hotel. We have done a great amount of site preparation(clearing, grubbing and grading)we have installed many lineal feet of footings and the footing drains and some stem walls. We have installed the foundation and slab for the lobby portion of Building A. We have installed the necessary sewer grinder pump sized sufficient to service the three building complex. We have done all of this using our own money. In all we have spent in excess of$1 million. We have as requested had an engineer provide us with the requirements on the"cold Joint'required on the Building B stem wall as required by the last inspection. In answer to the question raised at that 8/30/2010 inspection"Do you have a plan---" We will provide for the drain for the drinking fountain in the lobby of Building A by drilling through the slab we have installed and install the rough in drain and water supply plumbing. Our plumber has indicated that this is a feasible plan. We have been unable to finance for the complete construction of the two other kayak hotel buildings. We are continuing to attempt to finance, by attracting a private investor, or bring in a part ownership investor who has the financial ability to complete this project as a hotel as it is presently permitted. This extension would allow us a year to make reasonable use of this property. We have engaged an agency, Bluestone&Hockley,to assist us with this effort. Bonnie and I have worked hard to complete this project as planned and permitted but some things are beyond our control. Due to the economic conditions in the country we, as many others, have been unable to get a bank loan to complete construction. We are serious about finishing the project and will continue to move forward if our permits are extended. This is an important project for Allyn and the greater Mason County community and we hope you will allow us more time to complete it. Ric A. g121�, Bonnie J. "Allyn Hotel" proposal of Knight Enterprises 18350 E State Route 3 PN: 12220-50-05001 December 16, 2010 The project of three buildings was approved through Shoreline Conditional Use Permit SHR2002-00016 and Special Use Permit on October 8, 2002. Commercial permit COM2002-00089 already had final inspection. Two commercial permits COM2002-00072 and COM2002-00088 are still under review by building inspections. The concern now is that the 2002 shoreline permit has now lapsed. Under state WAC173-27-090 (3), the five-year period for the development that was approved by the shoreline permit should have been completed by November 2007. Per this WAC provision, when the five-year period has expired and no extension of one additional year is requested, the permit is terminated. The project applicants must apply for a new shoreline permit in order to have a current land use approval (per the Mason County Shoreline Management Program) and for the two building permits to be considered for extension. To reiterate, the still active building permits cannot be extended unless the shoreline permit application is made to Mason County. That Shoreline Conditional Use Permit application with fees should be submitted to the Permit Assistance Center by Tuesday February 15, 2011. Since the area of the buildings was established with the 2004 issuance of the building permits, the approved footprint may remain and will not require compliance with the current setback standards of the Mason County Resource Ordinance. The native vegetation restoration and stormwater compliance permit provisions of the original shoreline permit will need to be implemented as the new Shoreline Conditional Use Permit application is made. Allyn Hotel new application.doc WAC 173-27-090: Time requirements of permit. Page 1 of 1 WAC 173-27-090 Time requirements of permit. (1)The time requirements of this section shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit authorized by this chapter. Upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of the master program and this chapter, local government may adopt different time limits from those set forth in subsections (2) and (3)of this section as a part of action on a substantial development permit. (2) Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of a substantial development permit. However, local government may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to the department. (3)Authorization to conduct development activities shall terminate five years after the effective date of a substantial development permit. However, local government may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the department. (4)The effective date of a substantial development permit shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods in subsections (2)and (3) of this section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. (5) Revisions to permits under WAC 173-27-100 may be authorized after original permit authorization has expired: Provided, That this procedure shall not be used to extend the original permit time requirements or to authorize substantial development after the time limits of the original permit. (6) Local government shall notify the department in writing of any change to the effective date of a permit, as authorized by this section,with an explanation of the basis for approval of the change.Any change to the time limits of a permit other than those authorized by RCW 90.58.143 as amended shall require a new permit application. [Statutory Authority:RCW 90.58.030(3)(e),90.58.045,90.58.065,90.58.140(9),90.58.143,90.58.147,90.58.200,90.58.355,90.58.390,90.58.515, 43,21K.080,71.09,250,71,09.342,77.55.181,89.08.460,chapters 70.105D,80.50 RCW.07-02-086(Order 05-12),§173-27-090,filed 1/2/07, effective 2/2/07.Statutory Authority:RCW 90.58.140(3)and[90.58].200.96-20-075(Order 95-17),§173-27-090,filed 9/30/96,effective 10/31/96.] http://apps.leg.wa.gov/WAC/default.aspx?cite=173-27-090 12/28/2010 [ Notes of Friday Jan. 14, 2011 11:30 AM: Richard Knight came into the DCD office, and we (Allan B. and Mr. Knight) discussed his intent to apply for a new shoreline permit, likely a Substantial Development / Conditional Use Permit for the "Allyn Hotel"site. I gave him the SDP & SUP applications, the SMP policies and use regulations for Commercial Development, and estimated SDP & SUP and HEX fee costs for the review. Depending on the actual request, a SEPA checklist will be needed. He said that he may get some assistance from a consultant to prepare the project request. He also spoke favorably in getting the native planting restoration accomplished along the shoreline (one condition of the expired SHR2002 permit). Allyn Hotel Jan 14 2011 notes on application.doc