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HomeMy WebLinkAboutDDR2008-00210 Special Use Permit Hearing - DDR Letters / Memos - 2/19/2009 'co�'t'rp 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 BE KEPT IN THE PARCEL FILE February 19, 2009 NOTICE OF FINAL DECISION Case Number: Special Use Permit , Case#DDR2008-00210 Applicant: Wendell Moore Notice is hereby given that Wendell Moore, applicant for the above referenced Special Use Permit ,has been granted approval of the project. The Decision was dated 2/10/09 and approves the permit by the Hearing Examiner. The request for the Special Use Permit was approved pursuant to the Mason County Development Regulations specifically for the proposed accessory dwelling unit. 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 may be 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 1'equirements of any appeal process. TO gIC KEPT .1V PA CL 1 L � ! BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts, Hearing Examiner 3 RE: Wendell Moore 4 FINDINGS OF FACT, CONCLUSIONS 5 Special Use Permit OF LAW AND FINAL DECISION #DDR2008-00210 6 7 INTRODUCTION b The Applicant has applied for a special use permit for an accessory dwelling unit 9 ("ADU"). The Hearing Examiner approves the application. 10 ORAL TESTIMONY 11 See transcript. 12 EXHIBITS 13 See "Exhibits" attached to the January 14, 2009 staff report. 14 15 FINDINGS OF FACT 16 Procedural: 17 1. Applicant. The Applicant is Wendell Moore. 18 2. Hearing. The Hearin Examiner conducted a hearing on the application g 19 on January 27, 2009, at 1:00 p.m., in the Mason County Board of Commissioners Meeting Chambers. 20 21 Substantive: 22 3. Site/Proposal Description. The applicant seeks a special use permit to construct an ADU with 960 square feet of living space on his parcel. The proposed 23 ADU is located upon a 2.5-acre lot. A primary dwelling of 1,550 square feet currently exists on the lot, and the proposed ADU will be replacing an ADU which 24 burned down several years ago. The existing septic system and reserve from the pre- 5 existing ADU is approximately 150 feet from the primary residence, and the ADU itself is approximately 220 feet from the primary residence. Wendell Moore for ADU P. 1 Findings, Conclusions and Decision {PA0719210.DOC;1/13009.900000/1 4. Characteristics of the Area. The lot is 2.5 acres in size. There is an 1 existing 1,550-square-foot primary residence on the southwest side of the parcel. The 2 same proposed building footprint was previously used for an ADU which burned down several years ago. The site of the proposed ADU is already served by on-site 3 septic, a two-party well, and power and telephone utilities. The surrounding area consists of residential lots on similarly-sized parcels. 4 5. Adverse Impacts of Proposed Use. There are no adverse impacts 5 discernable from the record. There was no public testimony against the project. The 6 large lots that characterize the area will buffer any adverse impacts created by the added density. Building permit requirements will take care of health and safety 7 issues. The ADU is already served by on-site septic, a two-party well, and power and telephone utilities. The ADU meets all setback requirements. Staff concluded after a 8 site inspection that there are no impacts to surrounding properties for traffic, parking or drainage. There is no contrary evidence in the record or any other suggestion of 9 adverse impacts. 10 CONCLUSIONS OF LAW 11 Procedural: 12 13 1. Authority of Hearing Examiner. MCC 15.03.050(J) provides the Hearing Examiner with the authority to review and act upon special use permit applications. 14 Substantive: 15 16 2. Zoning Designation. The subject site is designated Rural Residential 5. 17 3. Review Criteria and Application. MCC 17.03.029 governs ADUs in rural lands. MCC 17.03.029 not only sets forth criteria for ADU approval, but also 18 provides that the same is subject to a special use permit. As noted above, the Hearing 19 Examiner reviews and acts upon special use permit applications pursuant to MCC 15.03.050(J). The review criteria for a special use permit application are governed by 20 MCC 17.05.044, which are quoted and addressed below. 21 SPECIAL USE PERMIT 22 MCC 17.05.044(A): That the proposed use is not detrimental to public health, safety 23 and welfare. 24 4. As determined in the findings of fact, no potential detrimental effect has been identified for the project. 25 MCC 17.05.044(B): That the proposed use is consistent and compatible with the intent of the Comprehensive Plan. Wendell Moore for ADU ` p. 2 Findings, Conclusions and Decision (PA0719210.DOC;1/13009.900000/) 1 5. Staff has verified that the proposed development does not conflict with the 1 Comprehensive Plan and complied with Title 6, 8, and 16 of the Mason County Code. The project will not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established in the Comprehensive Plan. 3 According to staff, the project will have no adverse impact upon health, safety, or welfare. 4 MCC 17.05.044(C): That the proposed use will not introduce hazardous conditions 5 at the site that cannot be mitigated through appropriate measures to protect adjacent 6 properties in the community at large. 7 6. As indicated in the staff report, hazardous conditions are not expected as a result of the proposal. The site has existing septic, water, and utility access. 8 MCC 17.05.044(D): That the proposed use is served by adequate public facilities 9 which are in place, or planned as a condition of approval or as an identified item in 10 the County's Capital Facilities Plan. 11 7. An approved water source is already available for the ADU and the proposed primary residence. The site already has an existing septic system and 12 access to power and telephone utilities. 13 14 MCC 17.05.044(E): That the proposed use will not have a significant impact upon existing uses on adjacent lands. 15 8. As noted in the Findings of Fact, there are relatively large lots surrounding 16 the proposal that buffer any significant impacts created by the added density. As also noted previously, building permit requirements will adequately address any other 17 adverse impacts that could affect adjoining properties. 18 MCC 17.05.044(F): If located outside the urban growth area, that the proposed use 19 will not result in the need to extend the urban services. 20 9. There will be no need to extend urban services. Water and sanitary waste 21 will be addressed through the two-party well and on-site septic system. 22 MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW 23 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 24 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 Titles 6, 8, and 16. 2. Development does not impact the public health, safety and welfare and is in the public interest. Wendell Moore for ADU p. 3 Findings, Conclusions and Decision (PA0719210.DOC;1/13009.900000/ 3. Development does not lower the level of service of transportation and/or 1 neighborhood park facilities below the minimum standards established within the 2 Comprehensive Plan. 3 10. As noted previously, the project is consistent with the Mason County Comprehensive Plan. The project will generate no significant adverse impacts and, 4 therefore, does not impact the public health, safety and welfare and is in the public interest. The proposal will involve building permits (apparently already issued for the 5 ADU), which will ensure consistency with Mason County development standards. 6 As noted in the staff report, the project is also consistent with MCC 17.03.029, which imposes specific requirements for accessory dwelling units. Because the new 7 structure is a replacement of a previously existing ADU, it is not required to be within 150 feet of the primary residence if construed as a conversion of an existing building 8 under MCC 17.03.029. The project does not involve any subdivision of land and is not subject to any subdivision standards. The project is exempt from review under 9 the State Environmental Policy Act. An accessory dwelling unit is not anticipated to l violate level of service standards for park or transportation facilities. 11 DECISION 12 The Hearing Examiner approves the requested Special Use Permit subject to the 13 conditions, if any,recommended by staff. 14 Dated this loth day of February, 2009. 15 16 Phil A. Olbrechts 17 Mason County Hearing Examiner 18 19 20 21 22 23 24 25 Wendell Moore for ADU p. 4 Findings,Conclusions and Decision [PA0719210.DOC;1/13009.900000/} January 14,2009 TO BE KEPT IN THE EXHIBIT 1 PARCEL FILE TO:Mason County Hearings Examiner FROM:Planning staff,Grace Miller RE:Special Use Permit request by Wendell Moore for an accessory dwelling unit. #DDR2008-00210 STAFF REPORT I. APPLICANT.The applicant is Wendell Moore. II. PROPERTY LOCATION.The property is located at 73 NE Fern Way,Belfair. III. LEGAL DESCRIPTION.NW NW of Sec 29,Twn 23 N,R I W. IV. PARCEL NUMBER.32029-12-00140. V. EVALUATION. PROPOSAL: The application is for a Special Use Permit for an accessory dwelling unit.The ADU will have 960 square feet of living space.The ADU is being installed to provide living space and storage areas for the applicant's adult children. A. Characteristics of the site and area: The lot is 2.5 acres in size.There is an existing 1,550 square foot primary residence on the southwest side of the parcel.The same proposed building footprint was previously used for an ADU which burned several years ago and is already served by on-site septic,2-party well and power/telephone utilities. The surrounding area contains residential lots on similar size parcels. B. Zoning:The zoning is Rural Residential 5. C. SEPA Compliance:The project is SEPA exempt under WAC 197-11-800(b)(i). D. Other Permits:The project needs a Building Permit with Environmental Health approval from the County.Both have been applied for. IV. ANALYSIS: The Mason County Development Regulations guide in the review of this proposal.Accessory Dwelling Unit Requirements are listed in Section 1.03.029 of the regulations.Staff has reviewed the proposal under the criteria and found it to meet all of them. The owner will reside on the property within the primary residence which will be detached from the ADU.The new structure is a replacement of a pre iously existing ADU and therefore is not required to be within 150'of the primary residence.4R staff s request,the applicant submitted eviAce of the pre-existing ADU.Please see attached statement(Exhibit 6)from Beau Bakken, Fire Chief Fire District 2,dated 1/7/09.Mr.Bakken verifies that the pre-existing 1 \\CLUSTER I_HOME_SERV ER\HOME\GBM\supstaffadu5.doc home was completely destroyed by a fire.The existing septic system and reserve from the pre- existing ADU is approximately 150' from the primary structure and the structures are approximately 220'apart. All utilities from the pre-existing ADU have remained on site to include the leveled area where it is to be placed,the driveway access,septic and water lines as well as power and telephone lines. The ADU is less than 1000 SF in size and meets all setback requirements.This is the only ADU proposed for the lot.The residence will be served by a private on-site septic system and 2 party well.Through a site inspection,staff has determined that there are no impacts to surrounding properties for traffic,parking or drainage. V. CONCLUSION. The Hearing Examiner shall review 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. (2) Development does not impact the public health,safety and welfare and is in the public interest. (3) 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 has verified that the proposed development does in fact comply with the Mason County Code, including Title 6, 8 and 16.The project is not subject to Title 16 which only governs subdivisions.The project will not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan.The project will also have no adverse impact upon health,safety and welfare. 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 public comments were received. Based upon the policies and regulations,the project is consistent with the Mason County Development Regulations Section 1.03.029,Accessory Dwelling Unit Requirements. Staff recommends approval of the ADU as proposed. VI. CHOICE OF ACTION: 1. Approval of the Special Use Permit#DDR2006-00000133. 2. Approve with conditions. 3. Deny permit(reapplication or resubmittal is permitted). 4. Remand for further proceedings and/or evidentiary hearing in accordance with section 15.09.090 of title 15. 2 \\CLUSTER 1_HOME_SERVER\HOME\GBM\supstaffadu5.doc EXHIBITS FOR:Wendell Moore#DDR2008-00210: 1. Staff Report. 2. Application for Special Use Permit. 3. Public Notice. 4. Floor Plan and Site Plan. 5. Vicinity maps. 6. Letter from Fire Chief \\CLUSTER 1_HOME_SERV ER\HOME\GBM\supstaffadu5.doc 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 98564 TO: THE MASON COUNTY JOURNAL FROM: MASON CO. DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: j/� k;,, Please publish the attached on the following day(s) n/Oy. Please keep the Affidavit of Publication for the Department of Community Development to pick up from your office and send�_cop' to the following �'z dei( .ti���►� no ( X783 Ae i&r' ova} 9A�.�k T Please charge X ao oQrotrL for the publication at: 1 Thank you, /� 36o1J 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. 7 /08 DATE OWNER APPLIC tx. a #D Dig aov g_06.;Z-10 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 WEN 06l.L_ k Mac Telephone # (3bM)V5-55&7 Mailing address N- --3 V 2A WkJ Or, AW- WA 98528 Site address Tax Parcel # 1 23 29 - 22 - 9 M W Legal Description NW114 of VIU114 or )lW` q 4 WW`14 &C 91Wa 23 R1 LJ W.M. 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? 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? Special Use Pernut: $1,060.00 - Hearings Examiner: $-see current fee chart Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. I:\PLANNING\C&RPAC\SPECIALUSE.PER REVISED: 12-19-2007 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: ❑ Indicate 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 - Hearings Examiner: $-see current fee chart Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. I:\PLANNING\C&RPAC\SPECIALUSE.PER REVISED: 12-19-2007 NeoN coo, 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 vase January 14, 2009 Wendell Moore PO Box 1866 Belfair, WA 98528 RE: NOTICE OF PUBLIC HEARING,Permit#DDR2008-00210 Dear Mr. Moore: The Public Hearing before the Mason County Hearing Examiner to consider your Special Use Permit for an accessory living quarter 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 Wendell Moore NE 73 Fern Way Belfair,WA 98528 360-275-5567 Mason County Department of Community Development P.O.Box 186 Shelton,WA 98584 To Whom It May Concern: We are requesting this Special Use Permit for the purposes of installing a new Fleetwood 28'x 40' manufactured home,2br/2ba for use as an Accessory Dwelling Unit by my adult children. This proposed use is in compliance with county code and the spirit of the community and will in no way be detrimental to the health,safety,or welfare of neighboring properties.(criteria 1,2,5) There are no intended uses that would generate either hazardous waste or hazardous conditions. This site was previously used for an ADU which burned several years ago and is already served by on-site septic,2- party well(pending),and power/telephone utilities. This proposal simply returns the land to prior usage *equires no additional support infrastructure by public services(criteria 3,4,6). cer, ll D.Moore r60N C0& 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 '8s4 P.O.Box 186 Shelton,WA 98584 NOTICE OF SPECIAL USE PERMIT#DDR2008-00210 Special Use Permit Application by Wendell Moore for an accessory dwelling unit. Location: 73 NE Fern Way,Belfair. Legal Description: NW NW of Sec 29,Twn 23 N,R 1 W.TR C of SP#249 Parcel No. 12329-22-90020 Project Description: Installation of a new 28 X 40'manufactured home to be used as an accessory dwelling unit. Notice is hereby given that Wendell Moore has 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. �Pl�`�? - t � r LE, PUBLIC NOTICE NOTICE OF SPECIAL USE PERMIT#DDR2008-00210 t9rd1D��8 3i�•r^"� Special Use Permit Application by Wendell Moore for an accessory dwelling unit. d,. Location:73 NE Fern Way,Belfair. /�'� Legal Description:NW NW of Sec 29,Twn 23 N, R 1 Affidavit of Publication W.TR C of SP#249 Parcel No. 12329-22-90020 Project Description: Installation of a new 28 X 40' STATE OF WASHINGTON manufactured home to be used as an accessory dwell- SS. ing unit. COUNTY OF MASON Notice is hereby given that Wendell Moore has filed an application for a Special Use Permit under the Ma- Koleen Wood being first duly sworn son County Development. Regulations. Review of this proposal will include a Mason County Hearings Examiner on oath deposes and says that she is the clerk Public Hearing. The Hearing will take place at 1:00 PM on Tuesday,January 27,2009 within the Commissioners of the SHELT'ON-MASON COUNTY JOURNAL., a weekly newspaper. That newspaper Chambers of Building I, 411 North Fifth Street, Shelton. said newspaper is a legal news p pe and it is now and has been for more than six Written comments regarding this permit request should months prior to the date of the publication hereinafter referred to. published in be sent to Mason County Department of Community De- the English language continuously as a weekly newspaper in SHELTON,Mason velopment, attn:Grace Miller, PO Box 279, Shelton,WA County, Washington,and it is now and during all of said time was printed in an 98584.Please call(360)427-9670,ext 360 with questions office maintained at the aforesaid place of publication of said newspaper. That regarding the application. 1761 11/27 1t 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 DDR2008-00210 1761 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 ,20 08 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 the said period.That the full amount of the fee charged for the foregoing publication is the sum of S 75 — ��`�� A �� flOtgAr 'O�= Subscribed and sworn to h rforc me this day of 20 Lit ''� Zpra j► Q Notary Publi nd for the State of Washington Residing at Shelton,Washington My commission expires v _ ,20 . FvL' EE71%VW, HOMES Weston Xtreme SeHes Model 3443W 3 Bedrooms - 2 Baths - 960 Interior Square Feet Co f■■■ 00 i r -- li ■\.■� �.■I 0 f■■■ 1■A4wwww ■■■I■ ■■■fI■�� ■ ■■�■�)r■■1 \■\ \■ILI, !■ !■ ■■i■ ■i■■�■■I ■■■ ■■ PININ - ■s�■!il■iiiREA i■1 ' ' ' • OK Orr, .• I. 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Box 277 • NE 460 Old Betfair Hwy • Belfair, WA 98528 Phone: (360) 275-6711 • Fax: (360) 275-6224 Email: mailC&mcfd2xom BAN �� 13 ?.009 January 7, 2009 MASON COUNTY To wham it may concern, On December 25"', 2000 Mason County Fire District 2 responded to an early morning fire at the address 73 NE Fem Way. This property was and is currently owned by Wendell and Rose Moore. I personally responded to the early morning fire that completely destroyed the dwelling located on the property. The dwelling was a double wide mobile home with an estimated size of 1,600 square feet. If any further information on this fire is necessary please feel free to contact me. Sincerely, Beau Bakken, Fire Chief Mason County Fire District 2 D ` .'Dw a o08- 49al0 LIST OF ADJACENT PROPERTY OWNERS' MAILING ADDRESSES wENOiai-M ooR,E WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. oc�Ea� �4Gc� s Ay010C d4A'r: t'b 26, Q)Z*)c 793 R 6LFAI¢.�Ok 9%19 2-8 cZcF�. 123791IX90030 �/Yr2WA 985a4 (AASw CO►1k y t-Aa c c L, 1233m14bo0C0 -EAv 1s F41y%,oy {awM C- CVv L QA W000 II IZS 5i-302- 1,30 G 1 G 11blLex-LI W-D 9 8329 S kwsj-- 17-3,Lv33 0.tso �QRLGI. 923�9�}®mmmt0 MILS q DOM4 U ILU-647 ?® f3c* N'1'3 a'0%x awl dcs4,UA 91%36`6 ?WjAm, E23292'2-01b10 s q4-Ab-1 i (Atsot- W\\T &LL 74 tAb ;E4,f,) IND woy Qom— 6Z�2_92i9cD�(D