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HomeMy WebLinkAboutVAR2006-00033 - VAR Application - 12/5/2006 YA,fZ�oo� -0003� VARIANCE APPLICATION r MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 411 N. 5th Street/ P.O. Box 279, Shelton, WA 98584 Variance from Standards As stated in Mason County Code Title 15, Section 15.09.057. VARIANCE CRITERIA, variances from the bulk and dimension requirements of the Resource Ordinance or the Development Regulations (zoning regulations) may be allowed as follows. The County must document with written findings compliance or noncompliance with the variance criteria. The burden is on the applicant to prove that each of the following criteria is met. Application for a variance does not guarantee approval. A variance is an application for a special "exception to the rule". The proposal must undergo public review and must meet the specific variance criteria listed below. Applicant name: John Laramie Telephone No. (360)-753-8106 Mailing address: 8501 Baird Rd NE Olympia, WA 98516 Site address: 60 E Peebles Ct. Shelton Owner Name (If different than applicant): John Laramie (Pending approval of Variance) Owner Address (If different than applicant):_ 8501 Baird Rd NE Olympia, WA 98516 Tax Parcel # 32127-54-00105 Legal Description: Division 5 lot 105 Lake Limerick Type of Variance Requested: Mason County Resource Ordinance X Mason County Development Regulations Subdivisions and Plats 1. Describe the specific modification from the terms of the Chapter required. Construction of single family residence within regulated type 3 stream buffer. 1192 square feet of building will be constructed 78-feet from the stream at the nearest point. r�llg --* Z C:\Documents and Settings\Lee\My Documents\jobsWarine ShorelineVoernsWariance Application 2005 laramie.doc 2. Describe the reasons for the variance. The regulated stream buffer encompasses the entire ownership. 3. No variance shall be granted unless the County makes findings of fact showing that certain circumstances exist. Please address each of the following standards and how the proposal pertains to these circumstances. a. That the strict application of the bulk, dimensional or performance standards precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by County regulations; Due to the presence of critical areas within the property, the strict application of buffer and setback requirements listed in the Mason County Resource Ordinance would not allow any space to accommodate residential use of the property. b. That the hardship which serves as a basis for the granting of the variance is specifically related to the property of the applicant, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the County regulations, and not, for example, from deed restrictions or the applicant's own actions; The hardship is specifically related to the the parcel due to the limited size and presence of natural features. The regulated buffer associated with the stream captures the entire property leaving no space for a house. c. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the environment; A Habitat Management Plan has been prepared which identifies measures necessary to avoid, minimize, and compensate for negative effects to the environment. The applicant is seeking compliance with county regulations specifically, FWHCA standards. Similar projects have been approved in Mason County allowing residences to be constructed within regulated type 3 stream buffers. No view corridors will be obstructed or modified. The findings of the Habitat Management Plan conclude that no impacts to habitat or the use of the site by threatened or endangered species are expected to occur. All recommendations listed in the HMP will be followed which will preserve and enhance the riparian area within the property and minimize potential for long term environmental impacts. d. That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief,- The proposed footprint is designed to accommodate both a single family residence and an attached garage. Residences in proximity to the project site and along the type 3 stream are comprised of similar footprints. e. That the public interest will suffer no substantial detrimental effect; Increased traffic and noise will not be of a magnitude that would substantially effect nearby residences. The application of standards listed in the Habitat Management Plan will insure that natural features associated with the project site are preserved and/or enhanced. There will be no detrimental effect to the public interest resulting from the proposed project. C:\Documents and Settings\Lee\My Documents\jobs\Marine ShorelineVoemsWariance Application 2005 laramie.doe f. No variance shall be granted unless the owner otherwise lacks a reasonable use of the land. Such variance shall be consistent with the Mason County Comprehensive Plan, Development Regulations, Resource Ordinance and other county ordinances, and with the Growth Management Act. Mere loss in value only shall not justify a variance. The property is zoned as rural residential 5. The lot is of sufficient size to accommodate residential development consistent with the surrounding area. The project constitutes in-fill development in a residentially zoned area and is consistent with the Mason County Comprehensive Plan and the Growth Management Act. The proiect has been proposed to address all environmental impacts associated with development near the stream. A licant Signature Date u-. l ZEZ0 er Signature Date FEES: Development Regulations Variance: $920.00 Hearings Examiner: $490.00 Subdivision and Plats Variance: $920.00 Hearings Examiner: $490.00 Resource Ordinance Variance: $1,225.00 Hearings Examiner: $490.00 Habitat Management Plan (HMP) Review Fee: $360.00 NOTE: Applicant will also be billed for all advertising costs (See attached). C:UDocuments and Settings\LeeNy DocumentsljobsWlarine ShorelineVoerns\Variance Application 2005 laramie.doc RESOURCE ORDINANCE VARIANCE CHECKLIST Application received and logged: Notice and HMP sent to WDFW and Tribe: `%'"t I/ Notice of application delivered to Journal: Notice of application posted: b� Notice of application mailed to neighbors/applicant: 7 Photos? SEPA?: Circulated on: Report to HEX by: HEX hearing date: 1L� �7, D 7 Decision: Notice of Final Decision sent on: - 2D—O -7 Appeal to BOCC: Notes & Comments: I:\PLANNING\Checklists&templates\RESOURCE ORDINANCE VARIANCE CHECKLIST.doc.ram