HomeMy WebLinkAboutPossible Subdivision - BLA Letters / Memos - 3/27/2007 oO MASON COUNTY
• ,� rA 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
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Sally Stephens
Pub 22 @23969
Hwy 3, Suite G
Belfair, WA 98528
March 27, 2007
Re: 12329-22-00080
Dear Ms Stephens,
This letter is a reply to the letter you delivered to my office on March 23ra. You are
asking about the possible subdivision of the five-acre parcel that has been given the
Assessor's tax number of 12329-22-00080. Because this is a five-acre parcel in a portion
of the County zoned RR 5, it would not normally be subdividable.
You state that your father's will provided two separate legal descriptions for parcels to be
deeded to two of your six siblings with the balance of the five acre parcel (approx. three
acres) to be divided equally between the other five siblings.
What you are referring to for the original three-way division is known a testimonial
division and is provided for by state law. You would need the help of an estate attorney to
create these three deeds. The Planning Department plays no role in testimonial divisions.
When such a testimonial division creates non-conforming lots, the County is not
obligated to issue any building permits for such lots.
Prior to the creation of the three deeds, this parcel could potentially be divided into two
parcels in order to put each home on its own lot. Such a division would be allowable if it
meets the conditions of section 1.03.032.B.3.b of the Mason County Development
Regulations. Once the original parcel has been divided by testimonial division, the
density exemption under 1.03.032.B.3.b would no longer apply.
I hope the information in this letter is useful to you and your siblings, even if the County
can not allow the division of this parcel into seven lots.
Sincerely,
Michael MacSems
Subdivision Reviewer
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1 RECEI IV ,
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Sally Stephen's 2002
Pub 22 @23969 IdgS�N Ca pL4NNING pEpr
Why 3 suite G
Belfair wash. 98528
360 275 6257
March2l 2007
Dear Mr. MacSems
I'm sending you the information you asked me for in our phone conversation
on Wednesday march 21 2007, in reference to our land at 182 fern way in
Belfair wash.
Here is the situation my father left 5 acres on fern way and 4 - 2 %2 tracks
in toonerville on Trudeau MT Rd.
On this 5 acres Dad left 1 brother and 1 sister a piece off it which he had
property descriptions in the will for and the remainder of the 5 acres is to be
split evenly between the other 5 children ( there are 7 of us )
Well we sold 1- 21/2-acre track which leaves 3, which was to be split evenly
between all 7 of us.
As you can see this can not be done the way it stands.
What we would like to do is take the remaining acreage at fern way which I
gage to be 3 acres or very slightly over, And already has 2 established homes
on it that are occupied by 1 brother and his wife and kids and the other
occupied by myself, and create this in to 2 separate pieces, there fore that
will give each child what they were intended to get with 7 kids that would
make 4 pieces here and 3 in toonerville, our will has to be closed by 4-7-07,
that is when our extension ends.
If we can not have this, that is going to put us in a position where my
brother and his family will have to move to where we don't know they have
lived here for several years, and I will have to move, and we will be forced
to sell our dads land and the land in toonerville just to divide it up and there
is know way gonna be enough money for all of us others to get what dad
intended for us to have.
Selling is the only way to do this and know one here wants to part with our
dads land and home or the property he worked so long for and generously
2. left to his kids not realizing we may be forced out because of a law that I
do not believe my father realized had been put in place,
Your consideration in this and a response as soon as you can would be
very appreciated.
Sincerely
Sally Stephen's
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