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DDR2008-00208 Hearing - DDR Reports - 2/19/2009
AEON °°O, MASON COUNTY � �p 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 1 Sf February 19, 2009 NOTICE OF FINAL DECISION Case Number: Special Use Permit , Case#DbR2008-00208 Applicants: Shelby and Katie Blackwell Notice is hereby given that Shelby and Katie Blackwell, applicants for the above referenced Special Use Permit , have been granted approval of the project. The Decision was dated 2/10/09 and states that no special use permit is required for the proposal so long as it meets the following conditions: 1. It satisfies all the criteria of MCC 17.03.021. 2. It qualifies as an accessory cottage industry. The request for the Special Use Permit was reviewed pursuant to the Mason County Development Regulations specifically for the proposed cottage industry. If you have any questions or require clarification on this issue please contact Grace Miller,Planner with the Mason County Department of Community Development at(360) , 427-9670, x 360. This is a final decision. No further appeals to the County are available. Appeals maybe made to the appropriate state administrative agency or superior court pursuant to RCW 36.70C. It is the appellant's responsibility to meet all legal requirements of any appeal process. 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY nn —n h 2 0 ca C Phil Olbrechts,Hearing Examiner 3 oo N RE: Shelby and Katie Blackwell D cm ' 4 FINDINGS OF FACT, CONCLUSIONS Z is t 5 MCC 17.05.044 Special Use OF LAW AND FINAL DECISION Z C Permit G) 6 7 INTRODUCTION 8 The applicant has applied for a special use permit for the use of an existing detached shop/bam as a warehouse for retail sale of feed products. No special use permit is required for the proposed use. 10 ORAL TESTIMONY 1 1 See transcript. 12 EXHIBITS 13 See "List of Exhibits,"page 4 of the January 14, 2008 staff report. 14 FINDINGS OF FACT 15 Procedural: 16 1. Applicant. The applicants are Shelby and Katie Blackwell. 17 2. Hearing. The Hearing Examiner conducted a hearing on the application 18 on January 27, 2008, at 1:00 p.m., in the Mason County Board of Commissioners Meeting Chambers. 19 20 Substantive: 21 3. Site/Proposal Description. The proposal is to use an existing shop/barn for the retail sale of feed products. The products will be stored there and picked up by 22 consumers on an appointment basis. The hours of operation will be Monday through Saturday, 9:00 AM to 6:00 PM. The sign is proposed to be within the 32-square-foot -'' parameter for cottage industries. No outdoor display or parking is proposed. The 24 property is 11.29 acres in size. There is an existing residence with a septic system and well on the site. The existing residence is the primary residence of the 5 applicants, who will be operating the feed product operation. Special Use Permit P. 1 Findings, Conclusions and Decision {PA0719376.DOC;1/13009.900000/} 1 CONCLUSIONS OF LAW Procedural: 3 1. Authority of Hearing Examiner. MCC 15.03.050(J) provides the Examiner with the authority to review and act upon special use permit applications. 4 5 Substantive: 6 2. Comp Plan and Zoning Designation. The area is designated as Rural Residential-5. 7 3. Review Criteria and Application. The proposed feed operation qualifies 8 as a cottage industry under Chapter 17.06 MMC because it is incidental and within an 9 accessory structure to a residential use and is carried on by members of the household living on site. MCC 17.04.220(B) permits outright cottage industries that serve as 10 accessory uses. A special use permit is required only if the cottage industry does not meet the standards of MCC 17.03.021. Nothing in the staff report indicates that the 11 proposal will not comply with any of the criteria of MCC 17.03.021. In fact, the staff 12 report recommends as a condition of approval that the proposal must comply with MCC 17.03.021. If the proposal must comply with MCC 17.03.021, there is no need 13 for a special use permit. 14 DECISION 15 No special use permit is required for the proposal so long as it meets the following 16 conditions: 17 1. It satisfies all the criteria of MCC 17.03.021. IS 2. It qualifies as an accessory cottage industry. 19 Dated this 11th day of February, 2009. 20 21 22 hi OOIbrechts Mason County Hearing Examiner 23 24 25 Special Use Permit p. 2 Findings, Conclusions and Decision {PA0719376.DOC;1/13009.900000/1 From: Mindi Brock To: Allan Borden Date: 10/20/2008 10:42 am Subject: Re: Development Thank you Allan. I'm hoping that they come in today, but I won't hold my breath. >>>Allan Borden 10/20/2008 10:12 AM>>> Mindi: Yes I wrote a letter(a response to an Initial Review Questionnaire)to Katie Blackwell on September 19,2008. The bottom line on my response was that the feed supply business is not allowed as a primary land use under the Rural Residential 5 zone,although the requested land use could be reviewed as a cottage industry through the Special Use Permit process. I also mentioned that an existing feed supply store is situated just 1.5 miles to the south. I also stated that it would be difficult to address area impacts and remain in compliance with development regulations if she set up business as a"supplier with no on-site sales". If she comes in today to discuss your enforcement case,you might try to contact me[ext.3651 so that we can discuss zoning and development regulations compliance. Allan Borden Planner-Long Range&Site Inspection P.O.Box 279, Shelton, WA 98584 (360)427-9670 ext.365 >>>Mindi Brock 10/17/2008 3:38 pm>>> 6ee,20OF— 6,0303 --Gllrc",, _ Hello Allan I have an open enforcement case at 1871 NE Old Belfair Hwy.,Belfair for operating a business without county permits or approval. The owner is running a feed store out of an existing garage. Parcel: 12317-42-90020 She faxed me a letter that you sent her in response to a non-residential development questionnaire. Anyway,the letter basically states that the land use,feed supply business is not allowed. We argued about this and the owner(Katie Blackwell)said that she does currently meet the criteria and stated that you had approved it all. Could you please confirm that? She is planning on coming in on Monday to submit a permit,if indeed she is allowed per Planning requirements. Thank you, Mindi Brock Building Department Code Enforcement Mason County Community Development 360-427-9670 x 356 mindibla�co.mason.wa.us / �Qa o g www.co.mason.wa.us �`,/•`�2 / �PaIl I LAA_1 "„ W,01A-91 Iry � �� January 14,2008 EXHIBIT 1 TO:Mason County Hearings Examiner FROM:Planning staff,Grace Miller RE: Special Use Permit request by Shelby and Katie Blackwell for a cottage industry. Permit No.#DDR2008-00208 STAFF REPORT I. Introduction. This report evaluates a Special Use Permit Application for the use of an existing detached shop/barn to be utilized as a warehouse for feed products to sell to customers.Products would be stored there to be picked up by consumers on an appointment basis.Citations are to the text of Mason County Development Regulations as adopted. II. Applicant.The applicants are Shelby and Katie Blackwell. III. Property Location.The project is located at 1871 NE Old Olympia Hwy in Belfair. 1.8 miles down Old Belfair Hwy from the 4 way intersection. Legal Description:Lot B of SP#1701,Ptn NW SE Sec 17,Twn 23 N,R 1 W. The Parcel Number: 1231742-90020. IV. Project Description.The proposal is to utilize the existing shop/barn as a warehouse for feed products to be sold to customers.The products will be stored there and picked up by consumers on an appointment basis.This land use may be permitted through a Special Use Permit review process as a cottage industry. The hours of operation will be Monday through Saturday,9:00 AM to 6:00 PM.The sign is proposed to be within the 32 sf parameter for cottage industries.No outdoor display or parking is proposed. V. Evaluations. A. Characteristics of the site.The property is 11.29 acres in size.There is an existing residence with a septic system and well on the site.There is an existing barn/shop and a shed. The shop/barn is over 200'from the stream to the north. B. Characteristics of the area.The properties surrounding this site contain primarily single family residences.There is a fence along the property line adjoining the neighbor to the north. This neighbor raises fish for the state and has two ponds.There are several small hobby farms within the area C. Zoning:The zoning is Rural Residential 5. Cottage industries are permitted with a Special Use Permit within a Rural Residential 5 zone. VI. Other Permits.The proposal requires a Change of Use Building Permit for the structure. There are no Environmental Health Department issues. 1 \\CLUSTERl_HOME_SERVER\HOME\GBM\supstfcott.doc VII. Public Notice.Public Notice procedures were followed in accordance with Section 1.05.052 of the Development Regulations and Section 15.07.010 of Mason County Title 15. No written comments were received. VIII. Analysis.The proposal requires a Special Use Permit due to the requirements of the Mason County Development Regulations,Rural Residential 5,Section 17.07.222©Uses Permitted and Section 17.03.021,Cottage Industries. Special Use Permit Decision Criteria per section 1.05.0 40 of the Mason County Development Regulations and staff response: A. Will the proposed use be detrimental to public health,safety and welfare? No,there will be no detrimental effects to the public health,safety and welfare.The storage of feed products within the structure should not impact the public health,safety or welfare in any way. B. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? Yes,cottage industries are an allowed use within the Comprehensive Plan.The proposed use requires an approved special use permit.The purpose is to address potential impacts to traffic and adjacent uses.This property will remain rural residential while providing economic growth in the form of a cottage industry and services to a select few. C. Will the proposed use introduce hazardous conditions,at the site,that can not be mitigated through appropriate measures to protect adjacent properties and the community at large? No,the proposed use will not introduce hazardous conditions at the site.There are No hazardous conditions inherent in hay and grain to either adjacent properties or the community.There is no noise.,vibration,glare,fumes,odors,or electrical interference detectable to the normal senses off the property.Adequate County roads serve the site. The existing septic system will not be impacted by this use. D. 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? Public facilities in the immediate area include roads and police protection.Roads should be adequate. No increase in the requirement for police protection is anticipated. E. Will the proposed use have a significant impact upon existing uses on adjacent lands? The proposed facility should have no impact on adjacent properties.It is located near the northeast comer of the property.Access to the property is the first driveway immediately off of Red Fish Lane and Old Belfair Highway.No consumers would travel along Red Fish Lane past any other adjacent properties.If there is a concern by the residents along Red Fish Lane, the applicants would agree to put in another driveway to limit any infringement on Red Fish Lane. Currently most of the adjacent parcels are residential.There will be no outdoor display of the cottage industry.The warehouse will not have any parking.If two people come at once,one would park while the other would wait.There could be 0 to 10 people accessing the site on 2 \\CLUSTER 1_HOME_SERVER\HOME\GBM\supstfcott.doc any given day. There is always a 150' greenbelt between the creek and the applicant's livestock.They have small fenced areas that change and the livestock is located at the opposite side of the property.The building is visible to one neighbor but the opening to the building is visible to the owner only. F. If located outside of an Urban Growth Area,will the proposal result in the need to extend urban services? The proposal is located outside the Urban Growth Area of Belfair. The road system is in place.There is no need to extend urban services because of this project. The cottage industry will not have product visible to the public offsite,involves the owners of the property and will not increase local traffic by five percent or more.The proposed cottage industry meets all of the above special use permit criteria,A through F and the cottage use critera as conditioned. All County setback requirements are met by the proposal(see attached site plan and drawings). It will not have detrimental effects to the public health, safety and welfare. 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 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 16.2.2)The development does not impact public health,safety and welfare and is in the public interest.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 and meets the requirements and intent of the Mason County Code. Based upon the policies and regulations,the project conforms to the Mason County Development Regulations Special Use Permit and Cottage Industry criteria. Staff recommends conditional approval as proposed. Staff does recommend that the permit be conditioned with the following: 1) There shall be no alterations to the outside appearance of the building or premises that are not consistent with the residential use of the property,or other visible evidence of the conduct of such cottage industry,other than one sign no larger than 32 square feet. 2) Subject to all Cottage Industry criteria,within Section 17.03.021 of the Mason County Development Regulations. 3) Subject to Mason County Building Permit Approval for a change of use of the structure. CHOICE OF ACTION. 1. Approve SUP request. 2. Approve SUP 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. 3 \\CLUSTER 1_HOME_SERVER\I-TOME\GBM\supstfcott.doc LIST OF EXHIBITS FOR: Shelby and Katie Blackwell CASE#DDR2008-00028 1. Staff Report 2. Application for Special Use Permit 3. Public Notice 4. Site Plans 5. Vicinity Map 6. Letter from Planner Allan Borden to applicant 4 \\CLUSTER 1_HOME_SERVER\HOME\GBM\supstfcott.doc 17.03 Development Requirements 17.03.010 Permitted Uses, Generally It is the intent of this Chapter to provide for the maximum amount of flexibility in the siting of differing types of land uses. For this reason,the performance standards and buffer yard requirements found at Section 17.03.036 have been developed. However, both the Comprehensive Plan and this Chapter recognize that some uses and densities will create inherent conflicts with surrounding land uses,and with the intent of the Comprehensive Plan. Thus, some uses are prohibited in some areas, and the intensity of some uses(such as residential,expressed in dwelling units per acre,and industrial,expressed in floor area ratio)are restricted in others.Many of the requirements that apply to Rural Lands have been placed in Chapter 17.04. 17.03.020 Matrix of Permitted Uses The intent of this section is to assist proponents and staff in determining whether a proposed land use is consistent with the applicable policies of the Comprehensive Plan. Those policies were formed with the intention to allow property owners and project proponents as much flexibility as possible in the use of their property,within the constraints of the Growth Management Act. Therefore,the following matrix identifies the permitted uses in the urban or resource land areas in Mason County;note that the public should consult the specific adopted urban growth area plan for land use designation as permitted or prohibited. Permitted uses,as they apply to Rural Lands,have been placed in Chapter 17.04. All uses not listed as permitted uses, accessory uses, or special permit uses in the matrix or Chapter 17.04 are prohibited uses. 17.03.021 Cottage Industries Unless noted by an asterisk(*)any use shown in FIGURE 17.03.020,or any use permitted pursuant to Sections 17.03.022 or 17.03.024, is permitted in any development area as a home-based occupation,or as a cottage industry.The activity shall comply with the criteria in RU-524A,and shall be required to obtain a special use permit unless they comply with the following standards: A- Parking areas shall accommodate residents and employees only: any provision for _additional parking shall require a Special Use Permit. B. The outdoor storage of merchandise or materials is allowed if they are not visible to the public from off the site. C. A cottage industry shall involve the owner or lessee of the property who shall reside within the dwelling unit, and shall not employ on the premises more than five (5) non- residents. A temporary increase in the number of employees is permitted to accommodate a business that is seasonal in nature. However, not more than five additional persons shall be employed on a temporary basis(up to six weeks)without a Special Use Permit. D. More than one business may be allowed,in or on the same premises provided that all of the criteria are met for all business combined. E. There shall be no alterations to the outside appearance of the buildings or premises that are not mmistent with the residential ws .of h Rr_opea,or other visible evidence of the conduct of such cottage industry,other than one sign no larger than 32 square feet. F. No equipment or process shall be used in such home occupations which creates noise, vibration,glare,fumes,odors,or electrical interference detectable to the normal senses off the property. G. The cottage industry shall not create an increase of 5%or more in local traffic. MASON COUNTY DEVELOPMENT REGULATIONS July 28,2008 page 8 �x i 17.04.220. Rural Residential 5 (RR 5) 17.04.221 Purpose. This district provides for residential development on parcels of 5 acres or more. 17.04.222 Uses Permitted. A. USES: Single family residential,Hobby farm(Small scale commercial agriculture, including aquaculture and wood lots), Church,Local community and recreation centers, Group homes,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, cemetery, and home occupations and cottage industries that do not meet the standards in Section 17.03.021. 17.04.223 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 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 20 feet, for accessory buildings shall be 20 feet, for accessory structures used for agricultural purposes or home occupations shall be 50 feet,and for buildings of non-residential land uses shall be 25 feet. Exception to the side yard standard is allowed on a parcel with a lot width up to 100 feet at the building site: the required side yard setback for a residential dwelling and accessory structures shall be equal to 10 percent of the lot width but in no case shall be less than 5 feet from the property line. E. A lot created by short plat,large lot or long plat subdivision which is restricted to special purposes, such as storm water storage, community 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. 17.04.224 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,or necessary structural elements for an otherwise compliant permitted land use. 17.04.226 Off-street parldng. Two spaces per residence. See Parking Ordinance for other land uses;parking setback for non-residential land uses shall be 25 feet. 17.04.227 Special Provisions. A. Cell towers shall be located per Ordinance No. 5-98 Telecommunication Towers. B. Accessory dwelling units are required to meet Section 17.03.029 standards. C. Government operated day care centers, essential public facilities,churches,community centers, and schools may exceed 3,000 sq. feet as approved by a special use permit. Application for special use permit requires the applicant to provide the following information to aid in analyzing the request,preparing necessary conditions,and providing consistency with dimensional and performance standards in these and other relevant county regulations:the location and size of lot(s);site plan with areas of proposed use;access to state and county roads; land uses on adjacent properties and potential impacts to those uses by the proposal;provision of parking areas and stormwater facilities;hours of operations;and anticipated sources of noise,glare,or odors from proposed use(s). D. Essential public facilities,commercial day care centers,and schools which were in existence prior to June 17, 1996 and without a prior special use permit,may expand up to 15%cumulatively from their size prior to June 17, 1996,without a special use permit. Expansions over 15%will require a special use permit. E. Front yard or rear yard setback may be reduced as provided in Section 17.05.034.0 or side yard setback may be reduced as provided in Section 17.05.034.D. MASON COUNTY DEVELOPMENT REGULATIONS July 28,2008 page 35 �2�oo8'-vooa8 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 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. Applicant name� I �OfiL A L91 I � I Telephone# Mail i a �dress IS Lg SLg �� [ Lp_. Oc. 61 RSJ 4g Site address 1$n l NE DI Tax Parcel # 19 - �- Legal Description wi 6 0f 5p* 1101 Pi N l J W se Type of Special Use Permit: Communications Tower Accessory Dwelling Unit Oversize Construction • Other On a separate piece of paper,please state your reasons for requesting a Special Use Permit. 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 can not be mitigated through appropriate measures to protect adjacent properties and the community at large? Special Use Permit: $1,060.00 plus Hearings Examiner: $1875 or $625 for ADU's Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. LTLANNINGTACTORMS Updated 3/3/08 4V 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? 7) Please provide a site plan that includes the following: iIndicate Scale and North Arrow Property line dimensions,easements,and right-of-ways. The location of all existing and proposed structures.Include square footage of existing and proposed structures. Setback distance,in feet from all property lines and structures. Existing and proposed road access to and from the site. Parking sites Location of on-site sewage tanks and drainfields. ` Location of drinking water supply.Include location on the proposed site and surrounding parcels. Steep bluffs,wetlands,streams,and bodies of water Location of fire hydrants and emergency vehicle access roads,including grade. Surface and storm water run-off routes. Applicant(s) signature Special Use Permit: $1,060.00 plus Hearings Examiner: $1875 or $625 for ADU's Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. MPLANNINGTACTORMS Updated 3/3/08 To Whom It May Concern: We,Shelby and Katie Blackwell,are requesting a special use permit to utilize our detached shop/barn as a warehouse for feed products we sell to consumers.We would be storing our products there to be picked up by consumers on an appointment basis.The primary use of our property is residential as we live on the property with our family and livestock.The building has been used for the last ten years as a garage and hay and grain storage for our own livestock.We would continue to use it in this capacity,simply with a higher volume to also support our customers needs. We feel we meet the following criteria: 1.Will the proposed use be detrimental to public health,safety and welfare?No,there would be no issue that could be detrimental to the public in any way. 2.Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan?Yes,this property would remain rural residential while providing economic growth in the form of a cottage industry and services to a select few. 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?There are no hazardous conditions inherent in hay and grain to either adjacent properties or the community.There is no noise, vibration,glare,fumes,odors,or electrical interference detectable to the normal senses off the property. 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?There are no public facilities being provided,as this business is primarily run from our home. 5.Will the proposed use have a significant impact upon existing uses on adjacent lands?In no way is there infringement upon any adjacent lands.Access to our property is the first driveway immediately off Red Fish Lane and Old Belfair Hwy.No consumers would travel along Red Fish Lane past any other adjacent properties.If there is a concern by the residents along Red Fish Lane,we would be happy to put another access driveway onto our property after the rains in the Spring of 2009 to limit any infringement on Red Fish Lane. 6.If located outside of an Urban Growth Area,will the proposal result in the need to extend urban services? No it would not. The cottage industry we would be running would not have product visible to the public offsite, involves the owners of the property,and will not increase local traffic by five percent or more. L:�v. 3 �ry0N CO& MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Permit Processing/Inspections/Addressing Elma (360) 482-5269 Mason County Bldg. III 426 W.Cedar vas4 P.O.Box 186 Shelton,WA 98584 NOTICE OF SPECIAL USE PERMIT#DDR2008-00208 Special Use Permit Application by Shelby and Katie Blackwell for a cottage industry. Location: 1871 NE Old Belfair Hwy,Belfair. Legal Description: Lot B of SP#1701,Ptn NW SE Sec 17,Twn 23 N,R 1 W. Parcel No. 12317-42-90020 Project Description:Use of an existing detached shop/barn as a warehouse for feed products to sell to consumers. Notice is hereby given that Shelby and Katie Blackwell have filed an application for a Special Use Permit under the Mason County Development Regulations.Review of this proposal will include a Mason County Hearings Examiner Public Hearing. The Hearing will take place at 1:00 PM on Tuesday,January 27,2009 within the Commissioners Chambers of Building I,411 North Fifth Street,Shelton. Written comments regarding this permit request should be sent to Mason County Department of Community Development, attn: Grace Miller,PO Box 279,Shelton,WA 98584.Please call(360)427-9670,ext 360 with questions regarding the application. PUBLIC NOTICE NOTICE OF SPECIAL USE PERMIT#DDR2008-00208 Special Use Permit Application by Shelby and Ka- tie Blackwell for a cottage industry. Location: 1671 NE Old Be SE Sec 1 1Ptn Hwy, Legal N ti i Description: t arc No., Affidavit of Publication 12317-42-90020 Project Description:Use of an existing detached shop/'STATE OF WASHTNGTON SS. barn as a warehouse for feed products to sell to consum-,.COUNTY OF MASON ers. Notice is hereby given that Shelby and Katie BlackwellKoleen Wood ,being first duly sworn have filed an application for a Special Use Permit under the Mason County Development Regulation Review of this proposal will include a Mason County Hearings Ex- on oath deposes and says that she is the clerk aminer Public Hearing. The Hearing will take place at of the SHELTON-MASON COUNTY JOURNAL, a weekly newspaper. That 1:00 PM on Tuesday,January 27,2009 within the Com-''said newspaper is a legal newspaperand it is now and has been for more than six Shelton. Chambers of Building I,ng North Fifth Street, months orr to the date of the publication hereinafter referred to,published in Shelton.Written comments regarding this permit request p p should be sent to Mason County Department of Commu-the English language continuously as a weekly newspaper in SHELTON,Mason nity Development,attn:Grace Miller, PO Box 279, Shel- 'ounty,Washington,and it is now and during all of said time was printed in an ton,WA 98584. Please call(360)427-9670,ext 360 with)ffice maintained at the aforesaid place of publication of said newspaper. That questions regarding the application. 1762 11/27 it the said SHELTON-MASON COUNTY JOURNAL was on the 9th day of August, 1941, approved as a legal newspaper by the Superior Court of said Mason County. That the annexed is a true copy of a Notice of Special Use Permit DDR2008-00208 1762 as it was published in regular issues and not in supplement form of said newspaper once each week for a period of one consecutive weeks,commencing on the 27th day of November 2008 and ending on the 27th day of November ,20 08 both dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of ``%"I* ►IKIN#� � the said period.That the full amount of the fee charged for the foregoing publication is the sum of$ 7 UOTAr,�. A�B1.%G Subscribed and sworn to before me this day of 7 20 ````\ Notary Pu is in and for the State of Washington Residing at Sheton,Washington My commission expires_ v ,20 . y OWNER FRANK W KUHN and CONS TANCE A KUHN husband and wife '� ` � 33-1 N.E. /871 Old Bslfair Hwy. Belfair, Washington, 98528 Ph. 275 -2005 Short _ut divisio'r b Z as OGE '0 t� C 04 m� $ O 4 k3 � 0.i � � v SCALE / =200 Q N.2 - N. W,4 S. E 4 o c U O U h EASEMENT refertoReal Estate ract Aud,file Ago,285328 M 16.58 330.00 r' - -- _ - e 1 �+ 300.00 A 29 t <(w o Acres W //OIII• n 2.49 Acresf o (400, Vf um r V- M � to o PI) S h Sall LoyS. - S.E.4 0 2,93 Acres f ^ oroi to 3 0 0.0 0 -� W- 7 0 "`) V v .87 031 W, �15" - Q / _ �a ��•. � O 3.7p00 30'� D seal cot ,,�'� v�� Nthe pca� o 2.49 �lcrest o 20 251.43 1\' 6/ 4•ci t to . 1 s.r�� •%• �„So p. ti ti A 330,OU 780.74 -- -- .87°24'161 141.9* �4 '-�3T8.z5-= Robert.ond Karen Newman P.O. Box 9 8e1falr, Wash. 98528 Pn. 275-3593 iy 1 o� �� p. w 11�4 SE-4 ti .�.. C.NOTE! @ ��' '�tiiy Refer to Survey Recorded under Aud.File cu 0 No. 287277 Book lof Surveys,Page 52. 4 r" WAHNijYG: Mason Counrynas nor*spot)slbllity J` � to build.improve.maintain.„ n►hsrwt,e servfce the pr/vatAroads contained within or provkliny service to the property described in 9FQ/3TER �y the snort plot � �o �l LAVA M9 c(u� 17 �_ '� vk"� SHORT PLAT OF "W 000"----T85——41 06 E. KUHN SHORT SUBDIVISION C. A PORTION OF THE S.2- N. W.4 S.E.' .•.•ram SECTION I7- T. 23N.-R. I W -W. M, PreputVdby: a� APRIL 17,1987 Word C.1lulisr - .Llcsrsect f.and Surveyor 217 Sidney Aveivo CA, t' 1400010 SE SP 2532 1400040 KN v o R S 2/37 1400050 S -2044 1490061 1490062 14 90063 1490064 S-4 143 r/ A 4190100 /9 °�0 19� y(oo (tLZ 0/° S 9 3 4190 4 '�� //- 020 ,IL,1l N2 4291002 */90/ S�O�/ 9 6e O O 4201020 `?101� B/ /11°/°0 100 SP 36 -- '� SP 2592 4/ .� C- 030 S 190/0 SEE MISC. MAPS EILA�-1s S9? J 4 41 901 10 9/Dlt� 4291001 0004 4100 090 1 it 1` 4290020 1\1 4010 l . \� 1 4190 SP I 0 5 Sa9J2a:� SP 1 701 ��` \ 4100080 S 23/62 76 76 11, 90032 90033 S I/52 3490 3490 76 030 040 90031 11 4300 I 070 ,r ` 76 90030 SP 1800 43 SP 271 00060 4400000 4300080 BLA 00-73 3490 S 2/112 02l S 1/52 SP 1597 TQA 430 090 3490 3490 020 010 0 4300 S 1/52 0 0 040 SP23 4300 r0i 050 4390030 v � OLD BELFAIR UNION HWY RIVER cnR pG'RRRFN(_� Mason County Map Output Page Page 1 of 1 Mason County Ma 0 W w U H Q S S N = LL J' W = 2 N ti O W C W Z i i l T Q' J O O� 2� NE COURTNEY CREEK LN 0 s J J NE KRISTWNA WAY = Z NE RNERHILL DR 0 1170ft 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 r9 Fo0rat Lands approximate,and are not necessarily accurate to surveying or engineering standards,and are intended for informational purposes only.Mason County does not assume any legal liability Highways City of Shelton or responsibility arising from the use of this map in a manner not intended by Mason County. In no event shall Mason County be liable for direct,indirect,incidental,consequential, Rivers 8 Streams County Boundary(DNR) special,or tort damages of any kind,including,but not limited to,loss of anticipated profits or benefits arising from use of or reliance on the information contained herein Parcels GOrrlmi541tln9r Catncts Sections �r Lakes ©2006-Mason County 415 N.Sixth Street [� Townshvs S Puget Sound B Malot Lak-)s Shelton,WA 98584 http://mapmason.co.mason.wa.us/servlet/com.esri.esrimap.Esrimap?ServiceName=amaso... 11/10/2008 Panther Lake iger i aiK p Lake fi ,� 5- 4 DEVI�ATTO fi 4 p 8 9 _10 I t 12 7 g. 0 Ia_ 17 -Ia. 1 1.4- 13 18 - 1 16 ..S 1 Wooten Haven - .. - - - 28_ __ 25 30 2 2 Lake 30 if 00 NP�EN <,q�� • S. .4_ 3 5. 7 8 9 �7 9� De reaux Lake 14 13 M 1 22 -P_rickett. 19 � ! Lake ICtC1 30 ..29 28 21 26 25 30 29 Oct 17 08 10:13a Blackwell 3602773929 p.2 MASON COUNTY Salton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 _ Mason County Bldg.1 411 R 5tn P.O. Box 279 Shelton,WA 98584 1854 September 19, 2008 Katie Blackwell P.O. Box 1866 Belfair WA 98584 Re: Your Initial Review Questionnaire dated June 10, 2008 Dear Ms. Blackwell: This response letter concerns your Non-Residential Development Initial Review Questionnaire submitted to the Mason County Permit Assistance Center on June 10, 2008. The typical response is to state whether a proposed land use is allowed in the area of the property of interest. Your property, parcel number 12317-42-9002-0, is 11.29 acres in size and situated in the Rural Residential 5 zone on Redfish Lane along Old Belfair Highway. Your request of land use, an animal/agricultural feed supply business, is not allowed in the Rural Area as a primary land use in the Rural Residential area. It would be difficult to conduct business and remain as a secondary use to the single-family residential land use. This land use could be evaluated as a cottage industry when a residence is located on the property, and may be permitted through.a Special Use Permit review process. A building permit is needed for the structure out of which your business would be operated if that structure is not part of your residence. Parking, outside display of materials and equipment, and the location of nearby slopes and streams would need to be addressed in a permit review. An immediate response to this inquiry is that a feed supply store that is just 1.5 miles away in the Belfair Urban Growth Area has existed at 461 Old Belfair Highway for the last 5 years. If you established your business as just a supplier to other private and commercial outlets with no "store" sales, it would be difficult to address possible impacts to people and to traffic that you would create once you start your "appointment only"enterprise. If you have questions on this matter, you may contact Allan Borden in the Department of Community Development at (360) 427-9670 ext. 365. Sincerely, Allan Borden Long Range Planner 1-l:\WORD\COMPLAN\IRQs 2008+\Blackwell proposed feed supply old belfair hwy 2008.doc Oct 17 08 10:14a Blackwell 3602773929 p.3 NONRESIDENTIAL DEVELOPMENT INITIAL REVIEW QUESTIONNAIRE tV1A5 c�,v Cp U NT_Y, In accordance with Washington State's Growth Management Act, the Mason County Comprehensive Plan regulates the placement, expansion or modification of commercial, indistrial and public facilities to certain areas of the county. In the interest of saving you time and money the Department requires this initial review checklist to be completed and reviewed by this department prior to the submission of any building permits. Applicant Name �. � � f i!,L�r Daytime Phone # L ) R0) q-g Mailing Address Site Address Directions to. Site O-A j2S (J bi,�3n 11 I V) C �H L*1 Septic )6 or. Sewer Water Supply Tax Parcel Number# � 1 '� - - 001;;L D Legal Description 1701 Type of Development ) rAr Applicant's Signat r Return to: Mason County Community Development P.O. Box 186 Shelton, WA 98584 OFFICIAL USE IUGA Approved By Existing Commercial Date __, raoN cock MASON COUNTY 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 January 14, 2009 Shelby and Katie Blackwell PO Box 1866 Belfair, WA 98528 RE: NOTICE OF PUBLIC HEARING, Permit#DDR2008-00208 Dear Mr. and Mrs.Blackwell: The Public Hearing before the Mason County Hearing Examiner to consider your Special Use Permit for a cottage industry has been scheduled for Tuesday,January 27,2009.The Hearing will take place at 1:00 PM within the Commissioners Chambers of Building I,411 North Fifth Street,Shelton. Enclosed is the staff report and application packet that staff has forwarded to the Hearing Examiner for his review.Oral comments will be accepted at the hearing and written comments may be accepted also. If you have any questions,please let me know.Thank you. Sincerely, Grace Miller,Planner DEPT OF COMMUNITY DEVELOPMENT (2/17I2009) Grace Miller Blackweii.aoc I BEFORE THE HEARING EXAMINER FOR MASON COUNTY -' Phil Olbrechts,Hearing Examiner =andKatieOFLAWAND FINAL DECSIONS OF FACT, ON4 6 INTRODUCTION 7 8 e applicant has applied for a special use permit for the use of an existing detached �5 9 shop/barn as a warehouse for retail sale of feed products. No special use permit is 1 � required for the proposed use. 10 ORAL TESTIMONY 11 See transcript. 12 EXHIBITS 13 See"List of Exhibits",page 4 of the January 14,2008 staff report. 14 15 FINDINGS OF FACT 16 procedural: 17 1. Applicant. The applicants are Shelby and Katie Blackwell. 18 2. Hearing. The Hearing Examiner conducted a hearing on the application 19 on January 27, 2008, at 1:00 p.m., in the Mason County Board of Commissioners Meeting Chambers. 20 Substantive: 21 22 3• Site/Proposal Description. The proposal is to use an existing shop/barn for the retail sale of feed products. The products will be stored there and picked up by 23 consumers on an appointment basis. The hours of operation will be Monday through Saturday,9:00 AM to 6:00 PM.The sign is proposed to be within the 32 sf parameter , 24 for cottage industries. No outdoor display or parking is proposed. The property is d well on 25 11.29 acres in size. There is an existing residence with a septic system ridence of the applicants who will the site. The existing residence is the primary residence be operating the feed product operation. Special Use Permit P. 1 Findings,Conclusions and Decision VE0581237.DOC;1/13009.900000/] (2/17/2009)Grace Miller- RE: Shelby and Katie Blackwell Decision Page 1 From: Grace Miller To: polbrechts@omwlaw.com Subject: RE: Shelby and Katie Blackwell Decision I just received the e-mail version of the Blackwell decision stating that a Special use permit was not required for the cottage industry. Do I have to go through a Motion for Reconsideration to ask why section A of the Cottage Use Criteria of MCC 17.03.021 was not enough to require a Special Use Permit? It states that a Special Use Permit SHALL be required if the parking exceeds that for the residents and their employees. Even though customers approach on appointment only basis, it exceeds the parking for the residents and NA/employees. Thank you. (2/19/2009)Grace Miller- Hearing Examiner Decision Page 1 From: Grace Miller To: firemenwife@hotmail.com Subject: Hearing Examiner Decision I am mailing to you the signed Decision from the Hearing Examiner today and am e-mailing it also. The Hearing Examiner has determined that the Special Use Permit is not required for your proposal. Therefore, you are able to operate your business with just the change of use permit that the building department is requiring. Because I did not have an opportunity for rebuttal of his decision and he did not ask me any questions at the hearing, I am not able to disagree with the Hearing Examiner at this point unless I quickly file a Motion for Reconsideration. It appears after talking to the other Planners, that it would be better to accept the decision at this time. I asked Debbera Coker in the Building Department if they could reveal the original complainant's name and she said they cannot. Whoever it was that complained checked the box that they"wanted to remain anonymous". Therefore they are not supposed to reveal the name unless there is a court order to do so. have never had this sort of Decision from the Hearing Examiner before and am surprised by it. I am uncertain as to whether you can request a portion of your fees be refunded? If you want, I can speak with Barbara Adkins to see if this would be an eligible case for a partial refund. Thank you. Redneck Feed & Hay X-Cel Grain,Ea.Wa.hay&straw Black Gold Dog&Cat food 1871 NE Old Belfair Hwy Belfair,WA 98528 36o-275-22o6 firemenwife@hotmail.com Redneckfeedandhay.com 1G/ 1. GVVJl VI QLG IVIIIICI - RC. JI ICIUy dl lu F\CluC olclu wvml IJm,1w VI I From: "Phil A. Olbrechts" <polbrechts@omwlaw.com> To: "Grace Miller" <Gbm@co.mason.wa.us> Date: 2/18/2009 4:26 PM Subject: RE: Shelby and Katie Blackwell Decision Grace, Unfortunately, this will take a request for reconsideration. It's far from self-evident that 17.03.021(1) compels a special use permit for Blackwell. The focus of 17.03.021(1)on parking leads one to believe that if additional parking requirements are triggered by the type of use or traffic generated that a special use permit would be required (traditional parking standards require x lots per x square feet of retail space or for uses that may generate over y trips per day etc.). It appears that the staff position on 17.03.021(1) is that if anyone other than a resident or employee needs to park to access the facility, a special use permit is required. This does not necessarily follow from the language because infrequent retail visitors could park on the street without any additional parking placed on-site. It's also difficult to know how far to apply such an interpretation --delivery trucks need to park to make their deliveries, but if 17.03.021(1) applies to delivery trucks there are few cottage industries that wouldn't necessitate a special use permit. If 17.03.021(1)was intended to require a special use permit if a cottage industry was open to any retail or wholesale customers, it would have been far more direct and less ambiguous to directly require a special use permit for cottage industries that are open to retail or wholesale customers, instead of focusing on whether they have to park their vehicles. At any rate the applicant is entitled to an on the record explanation for why staff interprets 17.03.021(1) as requiring a special use permit and I need to know the explanation to confirm that it's supportable. The record is closed so the explanation will have to be based upon the code and evidence presented during the hearing. -----Original Message----- From: Grace Miller[mailto:Gbm@co.mason.wa.us] Sent: Tuesday, February 17, 2009 12:30 PM To: Phil A. Olbrechts Subject: RE: Shelby and Katie Blackwell Decision I just received the e-mail version of the Blackwell decision stating that a Special use permit was not required for the cottage industry. Do I have to go through a Motion for Reconsideration to ask why section A of the Cottage Use Criteria of MCC 17.03.021 was not enough to require a Special Use Permit? It states that a Special Use Permit SHALL be required if the parking exceeds that for the residents and their employees. Even though customers approach on appointment only basis, it exceeds the parking for the residents and NA/employees. Thank you. 17.03.021 Cottage industries. Unless noted by an asterisk (")any use shown in Figure 17.03.020, or any use permitted pursuant to Section 17.03.022 or 17.03.024, is tzr i wzvLnj) urace ivinier- rcc: oneoy ana mane biacKwen uecision rage z permitted in any development area as a home-based occupation, or as a cottage industry. The activity shall comply with the criteria in RU-524A, and shall be required to obtain a special use permit unless they comply with the following standards: (1) Parking areas shall accommodate residents and employees only; any provision for additional parking shall require a special use permit; r SS CAS "fo ku4&,Md4 ?CW �vfc`rs YO 08 U'v" Fb X /86(0 Case ActivityListill l , v 1 16:28 M ``" g 11:16:28AM Case #: DDR2008-00208 OAV erA cd( of .,. gned D Activity Description Date I i To By DDRBO10 Planning Review 11/10/2008 n None GBM 11/20/2008 GBM 1Y5� Q'iLucC,tit, DDRB040 Hearings Examiner Decision None PEND GBM 11/20/2008 GBM 1/27/09 Hrg t _ DDRA10 Application Received 11/10/2008 1 /10/2008 None DONE , 11/10/2008 KKK ltw�Ecd fin'11/ar 15�' �x�tw._C/uLG� . None D04 GBNV GBM 11/20/2008 OGBM There is some additional information I will need in order to process your Special Use Permit Application.The site plan that you have submitted indicates there is a stream somewhere along the north property line. AILLO A - Please revise the site plan to indicate where the stream is located in relation to the property line and your structure to be used�®re proposed busisness.Are the livestock that ark bn site fenced from the stream.Please indicate the where the fencing is in relation to the stream and private road also with measurement/dimensions. L i d 41 —r-Are all of the adjacent uses on the lots surrounding your property single family residential? - Will there be any outdoor display of materials? - Where is parking proposed?Please show on the site plan. - Are you proposing a sign? - What are the hours of operation? - One of the requirements is to limit visibility from adjacent residences.Is there vegetation or fences that exist and are doing that at this time or are you proposing any? A Building Permit for a"Change-of-Use"will be required from the Building Department.Please contact the Permit Assistance center or the Builfli�re�g Department to apply for that at this time. I have tentatively scheduled your public hearing before the Hearing Examiner for Tuesday,January 27,2009 at 1:00.I will be the Planner for youripermit so if you have any questions,please give me a call. Thank you. ��7 GL91 vL ✓iSi''_DD II / L DDRA950 Meeting 11/20/2008 1/27/2009 N e P GBM GBM 11/20/2008 GBM 1:00 in Commissioners Chambers of Bldg I abO ems , vkA c✓a�.ld S o—ro1414AYLam `~ t "�" Page 1 of 1 Cas�Aehvtty••rp► Cl cey�,�l3 ar, �i^� ..�a�liy. �6oN coy MASON COUNTY 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 September 19, 2008 Katie Blackwell P.O. Box 1866 Belfair WA 98584 Re: Your Initial Review Questionnaire dated June 10, 2008 Dear Ms. Blackwell: This response letter concerns your Non-Residential Development Initial Review Questionnaire submitted to the Mason County Permit Assistance Center on June 10, 2008. The typical response is to state whether a proposed land use is allowed in the area of the property of interest. Your property, parcel number 12317-42-90020, is 11.29 acres in size and situated in the Rural Residential 5 zone on Redfish Lane along Old Belfair Highway. Your request of land use, an animal/agricultural feed supply business, is not allowed in the Rural Area as a primary land use in the Rural Residential area. It would be difficult to conduct business and remain as a secondary use to the single-family residential land use. This land use could be evaluated as a cottage industry when a residence is located on the property, and may be permitted through,a Special Use Permit review process. A building permit is needed for the structure out of which your business would be operated if that structure is not part of your residence. Parking, outside display of materials and equipment, and the location of nearby slopes and streams would need to be addressed in a permit review. An immediate response to this inquiry is that a feed supply store that is just 1.5 miles away in the Belfair Urban Growth Area has existed at 461 Old Belfair Highway for the last 5 years. If you established your business as just a supplier to other private and commercial outlets with no"store"sales, it would be difficult to address possible impacts to people and to traffic that you would create once you start your "appointment only"enterprise. If you have questions on this matter, you may contact Allan Borden in the Department of Community Development at (360) 427-9670 ext. 365. Sincerely, &y� Allan Borden Long Range Planner I HAWORMCOMPLANURQs 2008+\Blackwell proposed feed supply old belfair hwy 2008.doc IGJIVGJVVVV '123111490134 `� 123171490031 123171400040 L 123171490032 12316226000 L123172000000 12316230007- 123171400050 11f---- 1I 123162302001 I 1 j 1231700640�0I0 623171490061 123714,90 I/ 123162302011 123171490063 123174291013 12317419010" I 123174190104 123174790�/ 123174291002i �� /' ' 123174190020 f! 12 1741 j '2317419\r 3 90106 123174201020 123174291012 I 11 123174100010 Y / 123174190103 123174100030 / ' 1 123174291014 �( �, ` 1231741901105 123174190110 1231742910111123174291001 123173001000 123174100040 123174100090; 123174100050 % 123163204000 T23 R1 123174290030 /123174100060 17 I123174290010 j 123174190120 — -� T2 3 N R 1 W 31 _ to 1 123174190070 123174290020m 123170064000 - - T23 R1 16 123174290040 12317 4100080 j t ' 123177690032 123177690033 % ��J I 123173490040 123177690031 i ) J / , I- 123163300010 123r 174300060 123174300070 123177690030 Al / 12317430008 123174400000 I O i 123173490010 4F i 123174300090 I 1231 1 7430 1 0010 123163300000 123174300020 123174300040 i 123174300050 0 i 123174390030I T23 RI 23201 200000-123201201010... .-- ._ _ _- _.. t � —�-123201201090 _-__---_ \ i 123201201130 123201201120 20 , '123201201100 123201003350 123201093341 123201003180 123201003180 N W 1 inch equals 400 feet E 1 inch equals 0 miles S NONRESIDENTIAL DEVELOPMENT � INITIAL REVIEW QUESTIONNAIRE ltl (i t000 MASON Cp(jNTy, In accordance with Washington State's Growth Management Act, the Mason County Comprehensive Plan regulates the placement, expansion or modification of commercial, indistrial and public facilities to certain areas of the county. In the interest of saving you time and money the Department requires this initial review checklist to be completed and reviewed by this department prior to the submission of any building permits. Applicant Name e— Daytime Phone # 60 RC�1- 0 Mailing Address /) Site Address I N E Old -f flUJ4 Directions to Site I . � V-n LpS t/ l wl 4-e�Sf -1 C3<) Septic or Sewer Water Supply Wf jA Tax.Parcel Number# - 4� _ q ooa n Legal Descriptions01 Type of Development Applicant's Signat r Return to: Mason County Community Development P.O. Box 186 Shelton, WA 98584 OFFICIAL USE IUGA Approved By Existing Commercial Date 123 123174190104 174291013,E ;I l • �Q I � 1 123174291002 123174190106 123174291012 I %� 123174201020 � I ( I i - } 12 0 12317429101, i 123174190105 123173001000 123174291001 I 123174291011 I � :. I 123174100090 123174290030 is ! 123174290010 �r T2� . ._.kl T23NR1W 123174190120 .123174290020,- �pC� 123174290040 �1231741 00080 123170064000 N ---- 8� 80 123177690032 123177690033: 123177690030 1 123177690031 23174400000 Ar ka / 123174300070 / 40 t 123174300060 J N 1 inch equals 200 feet W E 1 inch equals 0 miles S ,vw on, of 123174190105 123173001UUU 123174291001 I r I ordw 41 ✓ T� ' .a T23N R l W 41, a i ,1 � d r '317' ;> " 40 , p' { t� yj r 123177690032 aw x AN- ! 1231f4400000` r 146, y TF �3y � e r : v 74' 00Q60 -' N 1 inch equals 200 feet W 7*- E 1 inch equals 0 miles S OWNER FRANK W. KUHN and CONS TANCE O.KUHN husband and wife ZFL ',3S.3 rF: 334 N,E. 1871 Old Be/fair Hwy, 8e/fair, Washington, 98528 Ph, 275_2005 Short Subdivision: i 70 470156 ATPrIved: 7 -Z. 9-g7 0 0 GE F3AL ERVIGES 0 r b p © �LcZ c c�gPi2� OO 00 p` ql � � C % o .° �° m c cam, c 4i ; do 3 SCALE 0 0 N.2 - N. W 4 S.E 4 v a EASEMENT refertoReal Estate •. C ract Aud•F/le No,285328 N - - - - N 87"38117"W /3/6.58 - r: r j 330.00 300.00 p •, oQ o r. /1.29 Acres r wsll Hom• o � 2.49 Acrest \ vi O b I a lu a V coA O Q N�re� O 0 A b h p 6 4 O op �� b toseal�.� o S. - N. W. - S.E.4 2.93 Acres f `2 o 3 00.00 600,t__�—— 2 2 3 ---- 1 as 330.00 30 a o i EASEMENT q awl Leo M C Q D p daps o a 2.49 Acres'` D 2 20 251.43 ebb r o, 00 4 1b soil'" 330.00 %, 780.74 Q �lx, 141.94 �( --- N.87°24'16 "}r Robert,and Karen Newman PO, Box 8e1i61r, Wash, 96526 ft,YTS-3593 kjO 1 3'0 w 4 e/ # W ,SW — SE-4 4.�.. C. w MU NOTE Refer to Survey Recorded under Aud.File p No, 2872 71 BocA j cr Surveys,page 52. v o CV 4/� WARNING: Mason County has no 1 to wild /ln rove rnaintaln p ,9r otherwise �P Z service the private roads contained within or /� Q �Q/STER�� pro Iding service to the properly described in v Arm` 0 the short plat. /7 S• T r,:-.:PLAT OF 20 S. 85 41066 KUHN SHORT SUBDIVISION A PORTION OF THE S.�- N. W.4- S.E.4 SE-C T I ON 17 T. 23 N.-R. 1 W. -W M, Preparod by. APRIL. 17,1987 Word C.Muller -L/caasel Land Surveyor 217 Sidney Avw" POO Arckww,WN"4 on 4275�. Mason County Dept. of Community Development Mason County Bldg. III, 426 W. Cedar, P.O. Box 186, Shelton, WA 98584 Shelton: (360) 427-9670 Belfair: (360) 275-4467 Elma: (360) 482-5269 Web: http://www.co.mason.wa.us Notification of Mason County Code Violation October 20, 2008 Mason County Department of Community Development Shelton WA 98584 Claimant Vs. SHELBY BLACKWELL 1340 NE BLACKSMITH DR BELFAIR WA 98528 Notice The receipt of this notice shall constitute service regarding notification of violations of the Mason County Code, and shall also serve as Warning Notice pursuant to Mason County Code, Title 15, Section 15.13.035. The violation(s) are occurring at the following property: Enforcement Case No.: BCC2008-00303 Parcel No.: 123174290020 Site Address: 1871 NE OLD BELFAIR HWY BELFAIR In response to a complaint received by this office, staff investigated above site address and observed a feed supply business operating out of a residential shop / garage. As a result of that inspection, a Stop Work Notice was posted on October 17, 2008. According to the Mason County Assessor records, parties named above hold legal interest in the parcel and are therefore subject to enforcement action for failure to comply. The parties shall respond to the county within twenty days of the postmark, posting on site, or delivery of the notice. Records indicate that this enforcement issue has not been resolved and is outstanding at this time. Order YOU ARE HEREBY ORDERED to abate violations in the following manner: 1) Apply for the required Special Use permit and approval to operate as a cottage industry through the Mason County Planning Dept. Permit application is attached. Please direct any questions to Jim Schultz, Planner at (360) 427-9670 ext. 294. 2) Apply for the required Change-of-Use Building Permit once Special Use permit approved. If the Special Use permit is denied, operation of business must cease. Penalties This notice is to inform you that in the event that you fail to comply, we will pursue additional enforcement action against you, including but not limited to recording against the parcel, civil infractions, liens against the property through the Mason County Hearings Examiner process and/or criminal prosecution as allowed under Title 15.13 of the Mason County Code. Note that the removal, mutilation, destruction or concealment of any Notice posted on 10/17/2008 would be deemed a separate violation of Title 14. In the event that you feel you have received this notice in error or that the facts are inaccurate, I strongly encourage you to contact me at (360)427-9670 ext 356 to discuss your concerns immediately. Sincerely, �%tJk q*Uk-/ Mindi Brock Building Inspector / Code Enforcement Mason County Dept. of Comm. Development BCC2008-00303 2 of 3 Cc: Property File BCC2008-00303 3 of 3 (10/20/2008) Mindi Brock- Re: Development Page 1 I �-3 t 17 - Iq 2---9D02C From: Allan Borden To: Mindi Brock ZO 0003 Date: 10/20/2008 10:12 AM Subject: Re: Development Mindi: Yes I wrote a letter(a response to an Initial Review Questionnaire)to Katie Blackwell on September 19, 2008. The bottom line on my response was that the feed supply business is not allowed as a primary land use under the Rural Residential 5 zone, although the requested land use could be reviewed as a cottage industry through the Special Use Permit process. I also mentioned that an existing feed supply store is situated just 1.5 miles to the south. I also stated that it would be difficult to address area impacts and remain in compliance with development regulations if she set up business as a "supplier with no on-site sales". If she comes in today to discuss your enforcement case,you might try to contact me [ext. 365] so that we can discuss zoning and development regulations compliance. Allan Borden Planner- Long Range&Site Inspection P.O. Box 279, Shelton, WA 98584 (360)427-9670 ext. 365 >>> Mindi Brock 10/17/2008 3:38 pm >>> Hello Allan I have an open enforcement case at 1871 NE Old Belfair Hwy., Belfair for operating a business without county permits or approval. The owner is running a feed store out of an existing garage. Parcel: 12317-42-90020 She faxed me a letter that you sent her in response to a non-residential development questionnaire. Anyway,the letter basically states that the land use,feed supply business is not allowed. We argued about this and the owner(Katie Blackwell)said that she does currently meet the criteria and stated that you had approved it all. Could you please confirm that? She is planning on coming in on Monday to submit a permit, if indeed she is allowed per Planning requirements. Thank you, Mindi Brock Building Department Code Enforcement Mason County Community Development 360-427-9670 x 356 mindib0co.mason.wa.us www.co.mason.wa.us 427-9670 MASON COUNTY 7N- EXT. Z- 11BUILDING DEPARTMENT ;2 ALL PERSONS ARE HEREBY ORDERED TO AT ONCE TOP WORK On these Premises at 7/ 04-0 S4, Ycr9 This order is Issued because �7jlj-"G A.M. " Posted P.M. 20 By WARNING The failure to stop work, the resuming of work without permission from the Building Official, or the removal, mutilation,destruction or concealment of this Notice is punishable by fine and imprisonment. Site Investigation Stoll Work Notice Posted 10/17/2008-TFR BCC2008-00303 12317-42-90020 1871 NE Old Belfair Hwy., BelfairENT t Use of residential building as feed supply. Must obtain approval through a Special Use Permit and change-of-use building permit. $TOP WORK WARNING .`" "•» " t � t a $ 0 r � wIlz s, der'new t* btR' w s M- �i y k 1 r e9 4011 +. •...�' gal '` .. FEED & HAY e (3 0�275_•2206 SPECIAL USE PERMIT CHECKLIST Application received anq logged: ✓ ►l�ZojoB Legal notice delivered to Journal: ✓ „l oo -6Z `•/��/d� � d 1243 Legal notice posted and mailed: 11 ✓,na" /1/2C Shelton UGA notice: NA SEPA: Nn, Circulated on: ,,/A Other permits or variances: QV.Ade ja U/�[Mn Hearing date: -fit. 2 71 co Packets to HEX: _l�a►�. 15 Decision: i5��• S Notice of Final Decision sent: Appeal to BOCC: /UQ Notes: yo:j� D�� -� y (1:GH' P' .y.,•,ram i c"✓ !-t.sC.vi1.(,L.- LL jtiyy��;.;7- tv `.f CADocuments and Settings\gbm\Local Settings\Temp\SUP CHECKLIST.doc.ram i ( 12ol o i i ktol 1" )Dg,)DW ao--)Log It I LIST OF ADJACENT PROPERTY OWNERS' MAILING ADDRESSES WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES j Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. 0,-Irxes G 11vZtD kaytf-S S.cZrve a-)�d 4 4a+-W-eeh 61CL� PC bc ( -71`1 I gg 1 DO &t-(�+k.0 j (dqu -St. �y 3 -<Lo Sf I ve rd'oj e. 0-)q Uolq °Ig528 � orci � A 34-7- he *y ta. C iy5jc( 4 .Dlf-bora In LOU ci 611 Me-adf 0" Po go,L a3a� Clv Kirn►>er-ly of tolo �jr✓1{�.� VJ►9 gg5Z8 �,�;, �1 gg�28 �&A►J>� L04 E fdV 2g c�Y� da Tay l�r F ffc y Lu c i nda +r+mom 15 N �fd Pie t f cv V-Lth v� i � D c as Peel fay �> Q �y,,r, � 2 �.1Jfa( r t.�t lg52&q(PW 33� Cad on --Terface- F°` LQ o u na Ae a cL44 92-tP5)- I q 2 i 3 Sri rN 14� P6.u1 �-T-at-,6- 1 Atwrna.n d►m,ykJefrI liinn bra are Pb f ox 501$ cd b PC)o°X 2 q I(' I 1pg5 �Z W 60 failir V-\�A Qg(bu *r V-\4 6t 85n- 2ya8528- 3 C CC)rrI'cK L11StTvCfi ref 5kd by, "e 81 aawell Pb aaqw (x I-�ID g85Z8- I� u 5"Aw WA gSso28 ��^N CpVHJ _ MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Permit Processing/Inspections/Addressing Elma (360) 482-5269 Mason County Bldg. III 426 W.Cedar Mesa P.O.Box 186 Shelton,WA 98584 NOTICE OF SPECIAL USE PERMIT#DDR2008-00208 Special Use Permit Application by Shelby and Katie Blackwell for a cottage industry. Location: 1871 NE Old Belfair Hwy,Belfair. Legal Description: Lot B of SP#1701,Ptn NW SE Sec 17,Twn 23 N,R 1 W. Parcel No. 12317-42-90020 Project Description:Use of an existing detached shop/barn as a warehouse for feed products to sell to consumers. Notice is hereby given that Shelby and Katie Blackwell have filed an application for a Special Use Permit under the Mason County Development Regulations. Review of this proposal will include a Mason County Hearings Examiner Public Hearing. The Hearing will take place at 1:00 PM on Tuesday,January 27,2009 within the Commissioners Chambers of Building I,411 North Fifth Street,Shelton.Written comments regarding this permit request should be sent to Mason County Department of Community Development, attn: Grace Miller,PO Box 279,Shelton,WA 98584.Please call(360)427-9670,ext 360 with questions regarding the application. 11/GV/GVVO I 4G rAA Wj uui * x TX REPORT TRANSMISSION OK TX/RX NO 0350 CONNECTION TEL 94269399 SUBADDRESS CONNECTION ID ST. TIME 11/20 17:41 USAGE T 00'44 PGS. SENT 3 RESULT OK 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 TO: THE MASON COUNTY JOURNAL FROM: MASON CO. DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: Please publish the attached ) a—iL. on the following day(s) T Please keep the Affidavit of Publication for the Department of Community Development to pick up from your office and send 1 copies to the following Please charge <z eEt- I for the publication at. fr " MASON COUNTY Shelton (360)427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1411 N.5th Elma (360)482-5269 P.O.Box 279 Shelton,WA 98584 TO: THE MASON COUNTY JOURNAL FROM: MASON CO. DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: /�0/08 Please publish the attached Alc1? on the following day(s) NOV, 177 r g � c71tc` Please keep the Affidavit of Publication for the Department of Community Development to pick up from your office and send---I—copies to the following Shelh y 4 ka e Slack"vil Po I�X i8lo� /3e l/.ri cuq ggS� Please charge 5a+Kt a z gt4ye for the publication at: r� 1 Thank you, X 3k) Mason County Planning Staff 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. DATE: • APPLICANT Special Use Permit: $1,060.00 plus Hearings Examiner: $1875 or $625 for ADU's Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. LTLANNINGTACFORMS Updated 3/3/08