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HomeMy WebLinkAboutVAR2006-00033 Hearing - VAR Application - 3/20/2007 Pg0N cosy 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 1d54 March 20th, 2007 Notice of Decision Case: VAR2006-00033, a variance from the Mason County Resource Ordinance. Applicant: John Laramie John Laramie who is the applicant for the above-referenced action, has been granted the variance. This is a final County decision. No further appeals to the County are available. Appeal may be made to Superior Court or the appropriate administrative agency as regulations apply. It is the appellant's responsibility to meet all legal requirements of any appeal process. If you have questions or require clarification on these issues please contact Rebecca Hersha, Planner with Mason County at 360-427-9670 x593. 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY y Phil Olbrechts,Hearing Examiner 3 RE: John Laramie 4 FINDINGS OF FACT, CONCLUSIONS 5 Resource Ordinance Variance OF LAW AND FINAL DECISION (MCC 7.01.150) 6 VAR 2006-00033 7 INTRODUCTION 8 9 The application is for a variance from the Mason County Resource Ordinance in order to build a 1,200 square foot (footprint) single-family residence and 450 square 10 feet of access road within a Type 3 stream buffer, which requires a 150 foot buffer in addition to a 15 foot building setback. The buffer and setback would render the 1 I parcel unbuildable. The proposed residence would be constructed at least 78 feet from Cranberry Creek. The Hearing Examiner approves the project subject to the 12 conditions recommended by staff. 13 ORAL TESTIMONY 14 Rebecca Hersha entered the Staff Report and exhibits. She and the applicant, John 15 Laramie, answered questions posed by the Hearing Examiner. See Transcript. 16 EXHIBITS 17 See exhibit list attached to the February 27, 2007 revised Staff Report. 18 FINDINGS OF FACT 19 20 Procedural: 21 1. Applicant. The applicant is John Laramie. 22 2. Hearing. The Hearing Examiner conducted a hearing on the application 23 on February 27, 2007, at 1:00 p.m., in the Mason County Board of Commissioners chambers, Building I. 24 Substantive: 25 3. Site/Proposal Description. The applicant proposes to build a 1,200 square foot(footprint) single-family residence ("SFR") within a Type F stream buffer- a fish bearing stream. The site, which is currently vacant, is less than an acre. A mobile {PA0655100.DOC;1/13009.900000/90000} Resource Ordinance Variance P. 1 Findings, Conclusions and Decision home existed onsite several years ago on the north side of the stream, but it is now 1 open area. The stream runs through the southern portion of the parcel flowing 2 westward. The parcel is roughly rectangular in shape, oriented northwest to southeast. It is accessed by E Peebles Court to the north and is bordered to the west, 3 east, and south by single-family residential lots of similar size and shape. Vegetation throughout the majority of the northern portion of the parcel is comprised of 4 herbaceous and shrub species. Vegetation south of the stream has been left well in tact and contains an overstory of primarily Douglas fir with an understory comprised 5 of salal and sword fern. Topography within the lot is generally flat, with a low 6 gradient slope toward the stream. According to the Staff Report, the slopes are less than 15% and do not warrant a geological study prior to development. The applicant 7 seeks to build a SFR, with attached garage and 450 square foot access road, within 78 feet of the stream. This distance allows the development to meet the Lake Limerick 8 Community's 30 foot setback requirement. A drainfield is proposed west of the SFR. 9 4. Characteristics of the Area. The property is within the Lake Limerick 10 subdivision. The subject stream runs southwesterly through several small lots in the subdivision before it joins Cranberry Creek. Cranberry Creeks flows several miles 11 from Lake Limerick to Oakland Bay. 12 5. Adverse Impacts. Potential adverse impacts have been identified in the Habitat Management Plan ("HMP"). The HMP also recommends mitigation 13 measures for the same, which, combined with additional conditions recommended by 14 staff, should mitigate significant adverse impacts to the environment. Both the SFR, access road and drainfield sites were selected to maximize their distance from the 15 Creek and still comply with setback requirements. 16 CONCLUSIONS OF LAW 17 Procedural: 18 1. Authority of Hearing Examiner. MCC 15.03.050(I) provides the Hearing 19 Examiner with the authority to review and act upon variance applications. 20 Substantive: 21 2. Comprehensive Plan and Zoning Designations. The Mason County 22 Comprehensive Plan designation for the site is Rural. The parcel is zoned Rural Residential 5. 23 24 3. SEPA Compliance and Other Requirements. The proposed use is exempt from SEPA requirements pursuant to WAC 197-11-800(1). As noted on page 2 of 25 the revised Staff Report, notice of variance was given by newspaper, postings and by mail to nearby property owners, WSDFW and the Squaxin Tribe. A 28 day waiting period followed, and no comments were received. (PA0655100.DOC;1/13009.900000/90000) Resource Ordinance Variance p. 2 Findings, Conclusions and Decision 4. Review Criteria and Application. The applicant seeks a variance from the 1 150 foot buffer and 15 foot building setback from the ordinary high water mark 2 required for a Type 3 stream. The buffer requirement is imposed through MCC 17.01.110(13)(1). MCC 17.01.150 provides that the general variance criteria of MCC 3 15.09.057 shall apply to Resource Ordinance variances. Variance application from Resource Ordinance requires a Type III review. See MCC 15.15.010. MCC 4 15.09.050(C) requires compliance with review criteria for all Type III permit applications. The review standards for variances under MCC 15.09.057 and the 5 general review standards of MCC 15.09.050(C) are laid out below with applicable 6 Conclusions of Law. 7 MCC 15.09.057(1): The strict application of the bulk, dimensional or performance standards precludes or significantly interferes with a reasonable use of the property 8 not otherwise prohibited by county regulations. 9 5. As noted in prior hearing examiner decisions, a reasonable use of 10 residentially zoned property is a single-family home for lots large enough to accommodate them. Without the variance, there would be no buildable space for the I I proposed SFR. Consequently, the Resource Ordinance denies the property owner a reasonable use of his property. 12 MCC 15.09.057(2): The hardship which serves as the basis for the granting of the 13 variance is specifically related to the property of the applicant, and is the result of 14 unique conditions such as irregular lot shape, size, or natural features in the application of the County Regulations, and not,for example,from deed restrictions or 15 the applicant's own action. 16 6. The hardship suffered by the applicant is created by the Type 3 stream and its buffer, which encumbers the entire subject lot. Hardship as a result of the 17 Association's covenant requirements have been addressed above, and is not being 18 considered by the Hearing Examiner in conditionally approving instant variance. 19 MCC 15.09.057(3): The design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent 20 properties or the environment. 21 7. The proposed footprint of the proposed SFR is smaller than those in the 22 vicinity. Given the relatively small size of the proposed home, it is anticipated that the instant development will be compatible with permitted uses in the area. 23 According to the HMP, the proposal would require the removal of invasive species of vegetation only. With mitigation measures (including native planting and monitoring 24 of a 4,500 square foot mitigation zone), as recommended in the Staff Report and 25 conditioned herein as if set forth in full by this reference, which includes a 4,500 square foot mitigation zone, the project should not cause adverse effects to adjacent properties or the environment. {PA0655100.130C;1/13009.900000/90000} Resource Ordinance Variance p. 3 Findings, Conclusions and Decision MCC 15.09.057(4): The variance authorized does not constitute or grant special 1 privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief. 3 8. SFRs are allowed in the Rural Residential 5 zoning district and as noted in the Staff Report, the proposed residence is smaller that those already in the area. 4 Consequently, the proposed variance does not constitute a grant of special privilege. However, the proposed variance is not the minimum necessary to afford relief since 5 the home can be placed further from the stream. The proposed plan includes a 30 6 foot front yard setback as set forth in Lake Limerick's Community Association covenant. The Association's covenant requirements cannot be the basis for the 7 Hearing Examiner to allow a variance in the instant case. In contrast, front yard setback requirement under the County codes is 25 feet. As recommended in the Staff 8 Report, the applicant shall apply for a setback reduction of 5 feet from the County as condition of approval. If approved, he shall submit plans reflecting a 20 foot front yard setback. If denied, he shall submit plans reflecting a 25 foot front yard setback. 10 No further variance review will be necessary for any of these modifications. 11 MCC 15.09.057(5): The public interest will suffer no substantial detrimental effect. 12 9. The public interest is in the maintenance and state of the stream, as well as in applicant's opportunity to have reasonable use of his property. As mitigated in the 13 HMP and by staff in the recommended conditions of approval, the project's adverse 14 impact on environmental resources should be minimal; therefore, the public interest will suffer no substantial detrimental effect. 1.5 MCC 15.09.057(6): No variance shall be granted unless the owner otherwise lacks a 16 reasonable use of the land. Such variance shall be consistent with the Mason County Comprehensive Plan, Development Regulations, Resource Ordinance and other 1 County ordinances, and with the Growth Management Act. Mere loss in value only IS shall not justify a variance. 19 10. But for the resource ordinance, the applicant would be allowed to build a single family residence on the site. However without the variance, the applicant will 20 not be able to build anything within the resource ordinance buffer. Given that the size 21 of the lot is suitable for an SFR, the property is zoned to accommodate SFR's and the surrounding neighborhood is characterized by SFR development, the property owner 22 would lack a reasonable use of his land with anything short of a SFR. The proposal is not inconsistent with any other Mason County Ordinance, Comprehensive Plan, or 23 the GMA. 24 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 25 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. {PA0655100.DOC;1/13009.900000/90000} Resource Ordinance Variance p. 4 Findings, Conclusions and Decision 1 2. Development does not impact the public health, safety and welfare and is in the public interest. 3 3. Development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the 4 Comprehensive Plan. 5 11. As noted above as well as in the Staff Report, the project is consistent with 6 the Mason County Comprehensive Plan because the Comprehensive Plan allows SFR developments at the subject location. It also meets the requirement and intent of the 7 Mason County Code. As noted previously, as mitigated the project will not harm environmental resources; and therefore, does not adversely affect public health, safety 8 and welfare, and is in the public interest. In addition, the applicant shall be required to also apply for a front yard setback reduction to diminish encroachment into the 9 buffer. Four thousand five hundred square foot of open space will be enhanced with 10 native vegetation. As further noted in the Staff Report, the development will not lower the level of service for transportation or neighborhood park facilities. 1l DECISION 12 The Hearing Examiner approves the requested variance subject to the conditions 13 recommended in the Staff Report as well as those identified in the Habitat 14 Management Plan. 15 Dated this 13th day of March, 2007. 16 17 18 Phil A. Olbrechts Mason County Hearing Examiner 19 20 21 22 23 24 2.5 1 PA0655100.DOC;1/13009.900000/900001 Resource Ordinance Variance p. 5 Findings, Conclusions and Decision 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 3 4 RE: John Laramie No. VAR2006-00033 5 DECLARATION OF MAILING Variance to build a new house within a 6 Type 3 stream buffer. 7 8 I, Rebecca Hersha, declare and state as follows.- 9 On March 201h, 2007, 1 deposited in the U.S. Mail, postage properly prepaid, the 10 documents related to the above cited Hearing Examiner Decision and to which this 11 declaration is attached to: 12 John Laramie 13 8501 Baird Rd. NE 14 Olympia, WA 98516 15 1 declare under penalty of perjury of the laws of the State of Washington the 16 foregoing information is true and correct. 17 Dated this 20th of October, 2007 at Shelton, Washington. 18 19 20 Rebecca Hersha, Planner 21 22 23 24 25 DECLARATION OF MAILING MASON COUNTY MASON COUNTY COMMUNITY DEVELOPMENT 411 N. 5T" AVE. P.O. BOX 279 SHELTON, WA 360-427-9670 TEL. 360-427-8425 FAX VAR2006-00033 Revised 02/27/07 - 1 - Mason County Department of Planning Building I * 411 N. 51h Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 TO: Mason County Hearing Examiner FROM: Planning Staff—Rebecca Hersha, 360.427.9670 ext. 593 RE: Mason County Resource Ordinance Variance (VAR2006-00033). HEARING DATE: February 27, 2007 STAFF REPORT I. Introduction. This report evaluates a request for a Variance (Exhibit#2) from the Mason County Resource Ordinance Number 77-93. The request for a Variance from the Mason County Resource Ordinance No. 77-93 is for the construction of a 1200 square foot(footprint) single-family dwelling unit and 450 square feet of access road within a type F (3) stream buffer, which requires a 150 foot buffer plus a 15 foot building setback. The proposal is to construct the house a minimum of 78 feet from the stream. Staff is recommending approval of the proposed residence subject to the provisions of the Habitat Management Plan and subject to the conditions added by Staff. II. Applicant: John Laramie III. Date of Complete Application: December 21, 2006 IV. Project Location: Property location is on Peebles Court, Shelton, WA 98584. The lot is in the Lake Limerick subdivision, Division 5. Parcel # 32127 54 00105. V. Evaluations. A. Characteristics of the area. The property is within the Lake Limerick subdivision. The subject stream (Exhibit # 6) flows southwesterly through several small lots in the subdivision before it joins Cranberry Creek, which flows from Lake Limerick into Oakland Bay. B. Characteristic of the site. The lot consists of less than half an acre. The 150 foot stream buffer encumbers the entire parcel (Exhibit# 5). There is an open area on the north side of the stream where a mobile home existed several years ago. The remainder of the lot on the north drainfield in the northeast corner is approximately 70 feet from the stream. Between the drainfield and the side property line, the 1200 square foot (footprint) house (with attached garage) is proposed to be sited a minimum of 78 feet from the stream, allowing for the Lake Limerick Community's 30 feet front yard setback requirement. The applicant stated that there is about a 30 inch elevation drop from the easement road to the proposed driveway. VAR2006-00033 Revised 02/27/07 ' -2- The small land ownership to the south of the stream has been less impacted by human activity and contains primarily Douglas fir trees, salal, and sword fern. The slopes are under 15 percent and do not warrant a geological study prior to development. C. Comprehensive Plan Desi ation. The Mason County Comprehensive Plan designation for the site is Rural. D. ZoninQ. The parcel is zoned Rural Residential 5. VI. SEPA Compliance and other public notice requirements. The proposal is exempt from SEPA per WAC 197-11-800 (1)(c)(i). Notice of Public Hearing for the Application for a Variance (Exhibit#4) was publicized in the Mason-Shelton Journal and at three public places on 01/04/07. In addition, the Notice of Application was mailed to all property owners within 300' of the proposal, the Washington State Department of Fish & Wildlife, and the Squaxin Tribe on 01/04/07. A 28-day comment period followed. No comments have been received, to date. A Habitat Management Plan(HMP) (Exhibit# 3) accompanies this Variance application. VII. Other Permits. If the Variance is approved, the proposal will require a Mason County Building Permit. An Administrative Variance will also need to be applied for to reduce the front and side yard setbacks to below the standard. VIII. Analysis. 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: A. 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. The development does not conflict with the Comprehensive Plan and meets all the requirements and intent of the Mason County Code, with the exception of Title 17, the Resource Ordinance. B. The development does not impact the public health, safety and welfare and is in the public interest. The development proposal will not impact the public health, safety or welfare, and may be considered to be in the public interest since the area to be developed is currently comprised of invasive species of vegetation. C. 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. VAk2006-00033 Revised 02/27/07 -3 - The development proposal will not lower the level of service for transportation or .f hood aror nei hbk acilities. g P IX. Findings. Section 17.01.150 of the Mason County Resource Ordinance addresses Variances From Standards, the purpose of which is set forth in Section 17.01.150 A. Applicability in Section 17.01.150 B. 2. Review Standards Per Title 15, the Mason County Development Code (15.09.057). Variances from the bulk and dimension requirements of the Development Regulations may be allowed as follows. The County must document with written findings compliance or noncompliance with the variance criteria. 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; Type 3 streams require a 150'buffer plus a 15'building setback for a total of 165'per the Mason County Resource Ordinance 17.01.110 D. 1. The Type 3 stream buffer encumbers the entire parcel. The property was purchased with the intention of building a single-family residence. Without this Variance from the required standards, there is no buildable area. However, the proposed residential building site could be farther away from the stream than proposed. The proposed site plan shows the development meeting Lake Limerick's 30 foot front yard setback requirement. However, Mason County s interest is in protecting the stream rather than serving community association covenants. Mason County requires a 25'front yard(to any road or access easement)setback for Rural Residential 5 zoning. Furthermore, since Mason County often times allows for a reduced front yard setback, Itaff is requiring the applicant to apply to Mason County to reduce the front yard setback to 20 feet, which should allow enough back out and turn around room from the garage and allow for a feasible driveway slope. If the County approves a reduced front yard setback, then the site plan submitted for the building permit shall reflect the reduced setback(see part IX- Condition A). 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 specifically related to this property is the limited size of the lot and the natural feature of the Type 3 stream. 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; The proposed residential size(1200 square feet) appears to be is smaller than the other homes in the vicinity. VAR2006-00033 Revised 02/i7/07 . -4- According to the Habitat Management Plan, the proposal would only require the removal of invasive species of vegetation. Therefore, with the mitigation, this project will likely have a net benefit to the stream. MITIGATION: The Habitat Management Plan preserving the existing native buffer to the south of the stream and enhancing 4,500 square feet of area north of the stream. The plan includes a winter plantin g g of native trees, shrubs,ferns, and groundcover at a density of 10 , 5 , 3'and 6", respectively, on center. This mitigation zone will be monitored for three years to ensure native plant survival and invasive species control. BEST MANAGEMENT PRACTICES: The Habitat Management Plan outlines the following recommendations for construction activities: • Perform excavation and site preparation work during dry weather. • Install silt fencing around the work area to prevent erosion and siltation of the stream. • Minimize amount of eroding soils at any given time to the maximum extent feasible. • Check all equipment daily for leaks. Refueling and lubrication of equipment should occur offsite. Don't store any fuel, lubricants, or hazardous substances outside overnight in the project area. • Do not apply any chemicals when there is a possibility of rain. • Comply with all permits and requirements of the government authority. 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, Therefore, this proposal, as modified to reduce the front yard setback, is the minimum necessary to afford relief. E. That the public interest will suffer no substantial detrimental effect; The public interest is in the health of the Type 3 stream. The HMP includes mitigation in order for the proposal to cause no substantial detrimental effect. 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. To some extent, reasonable use of the property depends on the expectation of the landowner at the time of the purchase. The applicant purchased the property with the expectation to build a single-family residence, which would be allowed under the zoning code, if it weren't encumbered by the stream buffer. The proposal is consistent with all other Mason County Ordinances, the Comprehensive Plan, and the Growth Management Act. X. Conclusion. Staff recommends approval of the Variance subiect to the recommendations made in the Habitat Management Plan (The Wetland Corps, dated November 2006) and subiect to the following conditions: . VA"R2006-00033 Revised 02/27/07 -5 - A. The applicant shall apply to Mason County to reduce the front yard setback to 20 feet. If the County approves a reduced front yard setback, then the site plan submitted for the building permit shall reflect the reduced setback. If the reduced setback is not granted,then the site plan submitted for the building permit shall show a front yard setback of 25 feet(not 30). B. Aside from the house footprint and the access road(total 1650 square feet), no additional impervious surface area may be created. Walkways, etc. must be constructed of porous materials such as gravel. The 1200 square feet footprint allowed for the house also includes the attached garage. XI. Choices of Action. A. Approve the Variance request. B. Approve with conditions the Variance request. C. Deny the Variance request(reapplication or resubmittal is permitted). D. Deny with prejudice(reapplication or resubmittal is not allowed for one year). E. Remand for further proceedings and/or evidentiary hearing in accordance with Section 15.09.090 of Title 15. EXHIBITS 1. Staff Report 2. Variance Application 3. Habitat Management Plan 4. Notice of Hearing 5. Site Plan 6. Area Map VARIANCE APPLICATION MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 411 N. 5"' 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. QW-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 elf 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 buildina will be constructed 78-feet from the stream at the nearest point. � J5 * Z C:\Documents and Settings\Lee\My Documents\jobs\Marine Shoreline\Joemswariance 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 reaulated 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 Manaaement 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 proiect site are preserved and/or enhanced. There will be no detrimental effect to the public interest resulting from the proposed project. C Oocuments and SettingsUxeWly Documents\jobsNarine ShorelineWernsWariance Application 2005 laramie.doc 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 proiect constitutes in-fill development in a residentially zoned area and is consistent with the Mason County Comprehensive Plan and the Growth_ Management Act. The project has been proposed to address all environmental impacts associated with development near the stream. I� /s/off A licant Signature Date / ZEZa 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:\Documents and Settings\Lee\My Documents\jobsWarine ShorelineVoernsWariance Application 2005 laramie.doc �goz, coa��A 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 1854 MEMORANDUM DATE: January 4, 2007 TO: Gloria Rogers, WDFW John Konovsky, Squaxin Island Tribe FROM: Rebecca Hersha, Planner RE: A Variance from the Mason County Resource Ordinance (RO)No.77-93 to build a single- family residence within a Type 3 stream buffer. NOTE: The Fish and Wildlife Habitat Conservation Areas Chapter(17.01.110) of the RO requires that a variance be accompanied by a Habitat Management Plan that shall be reviewed by local Tribes, Washington State Dept of Fish and Wildlife and other applicable state/federal agencies. A Habitat Management Plan prepared by The Wetland Corps is enclosed for your review and comment. A 28-day comment period is provided. Details of the project follow: Site Address: Lot 105 of Lake Limerick, Division 5. On Peebles Court, Shelton, WA. Applicants: John Laramie Legal Description: Township 21 N, Range 3 W, Section 27, Washington of Mason County. Parcel No. 32127-54-00105. Project description: Construct a single-family dwelling (1200 sq. ft.) within a Fish & Wildlife Habitat Conservation Area Type 3 stream buffer. The structure's closest point to the stream is 78 feet. Mason County's Resource Ordinance requires a 150' buffer plus a 15' foot setback for Type 3 streams. Please submit comments by February 12, 2007 to the address above,ATTN: Rebecca Hersha. Or you may email your comments to RebeccH@co.mason.wa.us. Please feel free to contact me if you have any questions. I can be reached at 427-9670, ext 593. THE WETLAND CORPS - Wetland Delineation - Habitat Management Plans • Riparian Restoration • Mitigation • Biological Evaluation LARAMIE HABITAT MANAGEMENT PLAN Parcel#321275400105 Mason County,Washington Prepared for: John L. Laramie 8501 Baird Road NE Olympia,Washington 98516 Prepared by: Heather Lane and Lee Boad November,2006 PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com THE WETLAND CORPS Wetland Delineation • Habitat Management Plans • Riparian Restoration - Mitigation - Biological Evaluation LARAMIE HABITAT MANAGEMENT PLAN TABLE OF CONTENTS 1.0 PROJECT DESCRIPTION...................................................................................................1 2.0 PROPERTY DESCRIPTION ...............................................................................................1 3.0 APPLICABLE SETBACKS..................................................................................................2 4.0 DESCRIPTION OF HABITAT AND SPECIES.................................................................2 5.0 ANALYSIS OF EFFECTS....................................................................................................3 6.0 MITIGATION MEASURES.................................................................................................5 7.0 MONITORING ......................................................................................................................8 8.0 SUMMARY.............................................................................................................................8 Figures Figure 1. Site Vicinity Map Figure 2. Site Plan Figure 3. National Wetland Inventory Map Figure 4. Department of Natural Resources Water Resource Map PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com THE WETLAND CORPS ! Wetland Delineation • Habitat Management Plans • Riparian Restoration - Mitigation • Biological Evaluation November,2006 Page 1 LARAMIE HABITAT MANAGEMENT PLAN 60 E.Peebles Court Shelton,Washington 1.0 PROJECT DESCRIPTION The details of a Habitat Management Plan prepared for John L. Laramie for the above referenced property (Parcel No. 321275400105) are discussed in full in this report. The site address is 60 E Peebles Court, Shelton, Washington, 98588. The site is found in the SE '/a of Section 27 Township 21 North, Range 3 West(See Figure 1, Site Vicinity Map). The purpose of this Habitat Management Plan (HMP) is to address potential impacts resulting from the proposed construction of a 1192 square foot single-family residence (SFR) and 450 square foot access road within a lot encompassed by the regulated buffer of a fishbearing stream. The stream meets criteria for a Type 3 stream, requiring 150 feet of undisturbed buffer with an additional 15-foot building setback. The SFR is proposed 78 feet from the stream at the nearest point. The septic system already exists onsite and is located on the northeast side of the lot. The objectives of this HMP are as follows: ■ To evaluate the potential adverse effects to critical area functions as well as fish and wildlife habitat resulting from the establishment of the SFR and access road within the Type 3 stream buffer. Emphasis is placed on the possible loss of habitat for any listed species found to be residing in the vicinity of the parcel. ■ To identify possible mitigation measures that could be implemented to offset the adverse effects resulting from the establishment of the SFR and access road collectively occupying an area of 1642 square feet within the Type 3 stream buffer. 2.0 PROPERTY DESCRIPTION The ownership is less than one acre in size, roughly rectangular in shape, and oriented northwest to southeast. The stream meanders within the southern portion of the parcel, with the associated 150-foot stream buffer encompassing the entire lot. The stream flows westerly through the parcel, and drains into Cranberry Creek approximately 500 feet west of the ownership. The lot is accessed by E Peebles Court to the north and is bordered to the west, east, and south by single- family residential lots of similar size and shape. A mobile home was removed from the portion of the parcel north of the stream several years ago. This area has been maintained as an open area. Vegetation throughout the majority of the northern portion of the parcel is comprised of herbaceous and shrub species including Scotch PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com Laramie FIN4P November, 2006 Page 2 broom, Himalayan blackberry, and lawngrasses. Vegetation south of the stream has been left well in tact and contains an overstory of primarily Douglas fir with an understory comprised of salal and sword fern. Topography within the lot is generally flat, with a low gradient slope toward the type 3 stream. 3.0 APPLICABLE SETBACKS The project site is within the jurisdiction of Mason County. Ordinance 17.01.110 identifies Fish and Wildlife Habitat Conservation Areas adopted by Mason County. The applicable setback for this project is as follows: Habitat Type Buffer Building Setback from Buffer Type 3 Stream 150' 15' 4.0 DESCRIPTION OF HABITAT AND SPECIES 4.1 Puget Sound Chinook(Oncorhynchus tshawytsha)-Threatened Listed as threatened since March 24, 1999 adult Puget Sound Chinook spawn in several rivers and streams flowing into Puget Sound. The type 3 fishbearing stream is a tributary to Cranberry Creek. Cranberry Creek was recently excluded form NOAA's Fisheries Northwest Region Critical Habitat Designations for West Coast Salmon and Steelhead in Washington in August, 2005. Although the stream may be accessible to Puget Sound Chinook, suitable habitat is not present due to the limited size and lack of sufficient flow during the spawning period. This project is not likely to have adverse impacts on Puget Sound Chinook due to the lack of suitable habitat and proposed mitigation. No impacts to water quality are predicted with proposed mitigation. 4.2 Bull Trout(Salvelinus malma)-Threatened Bull trout typically inhabit very cold, clear headwater streams at high elevations that are supported by snowmelt. For spawning and early rearing, bull trout require loose, clear gravel, relatively free of fine sediments. Although the substrate may be suitable for Bull Trout spawning, the lower elevation and relatively high temperature of the type 3 stream is not suitable habitat for Bull Trout. Given the lack of suitable habitat and no documented occurrence the proposed project is not likely to have any adverse impacts on bull trout. 4.3 Bald Eagle (Haliaeetus leucocephalus)-Threatened Habitat areas associated with Bald Eagle include uneven aged coniferous stands with some old- growth components. Nests are typically constructed in larger trees with dead or broken tops providing an unobstructed view of nearby water. Snags and trees with exposed lateral limbs, or dead tops are used as perches and defense stations. PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com Laramie HMP November, 2006 Page 3 There are no documented Bald Eagle nesting sites in the vicinity of the project area. The area proposed for the SFR and access road is devoid of any overstory components. Recommended overstory plantings recommended in Section 6.3 should improve the potential for use of the site by Bald Eagle in the future by enhancing overstory habitat within the site. As no important habitat features are to be removed,this project will have no adverse impacts on bald eagles. 4.4 Marbled Murrelet(Brachyramphus marmoratus)- Threatened Marbled Murrelets are typically associated with coastal habitats and nest in old-growth forests. Murrelets may fly as far as 50 miles inland to nest, however the average distance is roughly 5- miles from nest to sea. It is only during the summer breeding months that they are commonly found inland. During non-nesting seasons they live at sea. Murrelets require tall mossy trees in coniferous old growth forests with cavities on thick branches where they can construct a cup nest 20-40 meters above the forest floor. Murreletts have been documented laying eggs on rocky ground habitats only when a sufficient forest is unavailable. There are no documented nesting sites surrounding the project site. No potential nesting trees are within the project area. This project will likely have no adverse impact on Marbled Murrelet given there are no documented nesting sites or potential nesting trees in the vicinity of the project area. 5.0 ANALYSIS OF EFFECTS The project lies within the regulated buffer of a Type 3 stream. Project scale in the protected area is as follows: Development Type Habitat Type Project scale Single Family Residence Type 3 Stream Buffer 1192 sq. ft. Gravel Access Road Type 3 Stream Buffer 450 sq. ft Total Type 3 Stream Buffer 1642 sq. ft. PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com Laramie 1IMP' November, 2006 Page 4 �- 5 Photo ]. Proposed building site. 5.1 Vegetation Disturbance The access road and SFR are proposed in a portion of the lot that has been maintained as an open area interspersed with Scotch broom and Himalayan blackberry. No native vegetation will be removed for the proposed project. With recommended planting of native vegetation described in Section 6.3, the project will likely have a net benefit of vegetation abundance and diversity within the lot. 5.2 Designated Critical Habitat for Salmonids Designated Critical Habitat for Salmonids is not within the vicinity of the project area. Therefore, none of the proposed actions are likely to destroy or adversely modify designated critical habitat. Actions described in this plan are not expected to jeopardize the continued existence of any listed species. 5.3 Noise Pollution A slight increase in noise from construction activities is likely to occur during daylight construction hours. No nesting sites are located within the radii of concern that would be impacted by noise associated with the establishment of the SFR and access road. 5.4 Temporary Increase in Sediment and Turbidity During Construction The proposed work has the potential to temporarily increase turbidity and suspended sediment within the project area. Best Management Practices have been recommended in Section 6.2 to minimize the adverse effects to sediment supply and turbidity during project implementation. 5.5 Light and Glare PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com Laramie F1W November,2006 Page 5 The proposed project will result in an increase in light and glare commonly associated with residential construction and land use. The majority of wildlife activity likely occurs south of the stream, where the vegetative buffer has been left in tact. The vegetative buffer to be enhanced between the proposed project and the stream is expected to shield the majority of the stream from increased light and glare. No impacts to the use of the site by wildlife species is likely to result from light and glare associated with this project. 6.0 MITIGATION MEASURES 6.1 Preservation of Critically Important Plants The remainder of the Type 3 stream buffer, outside of the proposed SFR and access road, will be preserved and remain in tact or enhanced with native vegetation. The proposed SFR is located 78 feet from the stream at the nearest point, this is the greatest possible distance from the stream given the limited size of the lot. 6.2 Best Management Practices Recommended Best Management Practices for this project are as follows: • Perform excavation and site preparation work during dry weather. • Install silt fencing between the work area and the stream to prevent erosion and siltation of waters. • Minimize amount of erodible soils at any given time to the maximum extent feasible. • Check all equipment daily for leaks. Refueling and lubrication of equipment should occur off site. Do not store any fuel, lubricants, chemicals, or hazardous substances outside overnight within the project area. • Do not apply any chemicals when there is a possibility of rain. • Comply with all permits and requirements of governing authority. 6.3 Enhancement Recommendations It is recommended that a 50-foot strip of the stream buffer, parallel to the stream, between the SFR and the Type 3 stream be enhanced with native vegetation. The enhancement of a moderately dense forested and shrub community within the suggested portion of the open area is likely to improve wildlife utilization and riparian function of the site. The area selected as the mitigation zone occupies an area of approximately 4,500 square feet. Native Plantings To offset impacts associated with the establishment of the SFR and access road and the displaced stream buffer, it is recommended that the mitigation zone be enhanced with native plants. The following species are recommended: Trees: western red cedar(Thuja plicata) Douglas fir(Pseudotsuga menziesii) Shrubs: Oregon grape (Mahonia nervosa) PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com Laramie H P November,2006 Page 6 salal (Gaultheria shallon) evergreen huckleberry(Vaccinium ovatum) nootka rose(Rosa nutkana) salmonbeny(Rubus spectabilis) Pacific Willow(Salix lusida) Hooker willow(Salix hookeriana) Scouler willow(Salix scouleriana) Sitka willow(Salix sitchensis) beaked hazelnut(Corylus cornuta) Indian plum(Oemleria cerasiformis) oceanspray (Holodiscus discolor) Pacific ninebark(Physocarpus capitatus) California black currant(Ribes bracteosum) western thimbleberry(Rubus parviorus) red elderberry(Sambucus racemosa) Ferns: sword fern(Polystichum munitum) Groundcover: kinnikinnik(Arcostaphylus uva-ursi) coastal strawberry(Fragaria chiloensis) Native Planting Guidelines It is recommended that plantings be installed within the identified mitigation zone to achieve the following densities. A minimum of 1 tree species, five shrub species and one groundcover species from the above list are recommended. trees- 10' on center shrubs-5' on center ferns- 3' on center herbaceous groundcover—6 inches on center These densities will provide a moderately dense, structurally diverse plant community within the mitigation zone. PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com Laramie HMP November,2006 Page 7 iO Photo 2. Mitigation zone. Typically, planting should occur during winter dormancy. The optimum time for planting is during February and March, however, the need to complete the project in a timely manner may call for planting to occur outside optimum time periods. A monitoring program is recommended to insure project effectiveness. 5.2 Invasive Species Removal & Prevention Within the stream buffer, Scotch broom and Himalayan blackberry are interspersed within the open area. Himalayan blackberry and Scotch broom are invasive shrubs that threaten the health and success of native plants. In addition to the enhancement recommendations described above, it is recommended that the Himalayan blackberry be removed from the stream buffer to avoid further invasion and allow native vegetation to persist more abundantly. This may be done either manually or with the use of heavy equipment. Herbicides should not be used due to the proximity to the stream. The Bradley Method is one common approach to manually removing invasive species (Fuller and Barbe, 1985). This approach consists of hand removal starting in areas of lesser weed infestation, and working in toward the worst stands. Invasive species such as Himalayan blackberry, Scotch broom, Canadian thistle, fireweed, reed canary grass, Japanese knotweed, and English Ivy may invade the buffer and mitigation zone. These species are stubborn competitors for light and nutrients and limit success of native plants. Invasive species should be removed from the buffer should they invade. Persistent cutting during the growing season is sufficient to offset the rhizomes of invasive species if they become a problem. PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com Laramie) MP ' November, 2006 Page 8 7.0 MONITORING Monitoring of the site will begin the first fall following native species plantings and maintained on a seasonal basis. The information gathered will provide the following: 1) condition of reintroduced plant species; 2)the use of the site by wildlife species; 3) any disturbance caused by the development and its effect on the protected zone an d associated aquatic P tic habitat; 4 an P q ) Y occurrence of exotic species within the mitigation zone; 5) any corrective measures that may be deemed necessary to provide desired conditions. This monitoring will be in effect for the duration of three years. The information gathered will be provided in an annual report and submitted to the Director of Mason County Department of Community Development. 8.0 SUMMARY This report addresses the effects of the establishment of a SFR and access road, occupying a total building footprint of 1642 square feet within the regulated buffer of a Type 3 stream. Best Management Practices are recommended to insure no negative impacts to the stream. Mitigation recommendations include native plant enhancement of 4500 square feet of open area in proximity to the stream, and invasive species removal within the entire stream buffer within the lot. No impacts to water quality or stream habitat are predicted. Mitigation Measures, and Best Management Practices, have been identified to avoid, minimize, and mitigate for impacts associated with proposed construction. We trust this information is sufficient for your needs at this time. Thank you for choosing The Wetland Corps as your environmental consultant. If you have any questions feel free to call. Respectfully submitted, /7 Lee Boad Senior Ecologist Feather ane Staff Wetland&Natural Resource Specialist PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com REFERENCES Audobon WatchList. http;//audobon2.org/webapp/watchlist/viewSpecies. Fuller, T.C. and G.D. Barbe. 1985. The Bradley Method of eliminating exotic plants from natural reserves. Fremontia 13(2):24-26. Knutson, K.L., and V.L. Naef. 1997. Management recommendations for Washington's priority habitats: riparian. Washington Department of Fish and Wildlife, Olympia. 181 pp. Native Plants for Kitsap County. ftp://kewppub3.co.kitsap.wa.us/pw/sw/Native Policy of Washington Department of Fish and Wildlife and Western Washington Treaty Tribes Concerning Wild Salmonids. Adopted by Washington Fish and Wildlife Commission,1997. Washington State Department of Ecology; William Symington Lake Habitat Analysis. 1998. PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: boad40@peoplepc.com i6*one •�3t3 � If,OS.a.:,,._ x.',,.r.. �+k Zih(L�.4• �� ,f ��,��, ` i J "�T •a "k L.. ._ r S•��` p 5. 'off tGS y._ T t 9f .'.1 !"�A� Zs�!. 711 )f• 1 ,�r y"J)I J j _ � %1 - - _. Jyy,� •,ryiw•:.3'—�. `i ^� ._.. f...�JJ�-- �_. JIjj „Ls. . i. I` Jrnb[rrY- Je�[e • :� --- r �°.`s.'�L. t ';fJ • f ,`,;C' �� a Mason Lake Drive - tl ,:. * At AIMS Zl!:.f{ �{,� 1.,4 \' 'J R/. s3 t• i•. -7G: Approximate Parcel _ 5= T _� ,:,•. f , �. - � ►' i Location _ r ell•. l r ....h ... r - �.. .�^r.J��� .,,.. � •rf �� . r,,./ 1 u y.f fM :i". ; _.y'h•IY�'5.,,,_" FIGURE 1 VICINITY MAP Project Name: Laramie ffi" Location: Lake Limerick,Washington Project: TWCO6-W310 Client: John Laramie THE WETLAND CORPS Date: 11/06 TI go Wetland Corps �Igure 2 Laramie Habt at Management plan 56e Map Parcel#5212-75400105 �1�j 6��h �xl5ting 5eptic \ i \ 150' 202' proposed Access goad \y� \� Proposed 51Nle Famil4 (50' x 15') y Pesidence C l M►t1*10n Zone 8, (4,500 sa f�) f4pe 3 5t-eam scale; I"=30'-O" ; r PF05HJ4 PSS4IC PEh71C' PSS EIAICH PF04A' , PF04C� qy _ P S S,E fA 1 C Map Legend PUSH-u CONUS Cities PF61A tti�y CONUS slams 1OOK y Lower 49 Wetland Pdy9orts loft, F01i4C Estuarine and Marine Osaywaier �" QJQ PER91H PF�1G Esowine and Marine Welland F reshwats.Emergent Wetland Freshwata.Forasladrghrub Wetlandr :. _ r Frashwalot Pend -ii..is.1�r`�'�n\. '.HLIP P UBH14 PA84 H lake - PF01CF'{i ICI �} - Otl,er sit if. lE`?n Nirerine ' ' ll rsfan Digital swP:� t2r+94H L1UBHF4 arp SS1i4C r� 12USCH Approximate Parcel Location PFW A i, PF0411C 5W y;PSS1A Figure adapted from NWI Figure 3 National Wetland Inventory Map Mapper website Section 27 Township 21 N Range 03W FIGURE 3 NWI MAP Project Name: Laramie HMP Location: Lake Limerick,Washington Project: TWC06-W310 Client: John Laramie THE WETLAND CORPS Date: 11/06 Note: No mapped wetlands in project vicinity tip✓ � � -::,� 1 28 1702028 120 1702122 I 5 Lake Limarink t 28 006 02100 1702102 Approximate parcel location t 701 $ 17 088 701180 +7011 4 35 SIli1= 1IS SOILS Stream Water Type 1-5 t=as;nde) .� — H—dric Soils Stream T47,e U noun(Eat.de,`• HishlY Unstable Stream Water Type! 5(We.:vide; Highly Erodible l! Stream Type Unknor.'n(Ye.>:adf) E_=.hh-Uwtab e� ILL -Erodible " EE"ater Tape Change No Data or Gravel Pits FIGURE 4 DNR STREAM MAP Project Name: Laramie HMP Location: Lake Limerick,Washington Syr Project: TWC06-W310 Client: John Laramie THE A%'ETL_-AND CORY�S Date: 11/06 Note: Mapped "F"stream in project vicinity. �60N °Oo,�rA 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 Notice of Application for a Variance from the Mason County Resource Ordinance Notice of Public Hearing Notice is hereby given that John Laramie, who is the applicant for the following proposal, has filed an application for a Variance. The request for a Variance from the Mason County Resource Ordinance No. 77-93 is for the construction of a 1200 square foot single-family residence within a Type 3 stream buffer. Property location is on Peebles Court, Shelton, WA 98584. Lot 105 of Lake Limerick, Division 5. Date of complete application: December 21, 2006. The proposed development is reviewed as a Variance under the Mason County Resource Ordinance No. 77-93, specifically Section 17.01.110 D. 1., Fish and Wildlife Habitat Conservation Areas, which details Type 3 stream buffer requirements and Section 17.01.150, Variances from Standards, which establishes Variance procedures and criteria. The proposal requires a Habitat Management Plan, and Hearing Examiner approval. Any person desiring to express their view or to be notified of the action taken on the application should notify in writing of their interest by February 26, 2007: REBECCA HERSHA C/O MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT PO BOX 279 SHELTON, WA 98584 A PUBLIC HEARING will be held by the Mason County Hearing Examiner on the proposed project on Tuesday, February 27, 2007 at 1:00 p.m. in the County Commissioners Chambers, Bldg. I, 411 N. 5" Street, Shelton, WA. Please contact Rebecca Hersha of the Mason County Department of Community Development at (360) 427-9670, ext. 593, with any questions or comments on this development and variance. A decision of this application for a variance will be made within 120 days of the date of the complete application. i��i 4 01/04/2007 10:09 FAX Z 001 �c TX REPORT x TRANSMISSION OK TX/RX NO 4106 CONNECTION TEL 94269399 SUBADDRESS CONNECTION ID ST. TIME 01/04 10:08 USAGE T 00'54 PGS. SENT 3 RESULT OK FAXCOVER SHEET TO: The Masson County Journal FAX#: 426-9399 FROM: Mason County Planning Department FAX#: 427-8425 DATE: January 4, 2007 Please publish the attached: Notice of Public Dearing On the following day: January 11, 2006. Please keep the affidavit of Publication for the Mason County Plaraiing Department to pick up from your office, and send 1 copy to the following: John Laramie 8501 Baird lid. NE Olympia, WA 98516 Please send a bill for the publication to John Laramie (above). Sincerelv. MASON COUNTY RESOURCE ORDINANCE May 5,2W2 c) FOR CONDITIONAL USE AND VARIANCE 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. 1 /9 /o7 DATE Owl APPL T z0 ow Am oI-ignd dIdw),,-iO 09C T1 e Weiland Corps Laramie Habttab Management plan 5tre Map Parcel#321215400105 eh �xl�l 5e Ic �0' \ i \ 150' 202' proposed Access load y proposed 5ingle Famll� > y kesldence(Il R u A►gatlon Zane sa hype 5 5tream scale; I"=30'-0" \ ec,huuu!` e(( > �i �Sl fr Al2, ke r r � / C ! 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