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
—
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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 .
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r - MASON COUNTY FIRE DISTRICT #2
t P.O. 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 `
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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.
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