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HomeMy WebLinkAboutStaff Report for Substantial Development and Variance Request - VAR Letters / Memos - 3/17/1993 March 17, 1993 TO: Mason County Shoreline Advisory Board FROM: Planning Staff SUBJ: Substantial development and Variance request by Philip Grabicki. STAFF REPORT I. INTRODUCTION. This report evaluates a proposal to construct an accessory living quarter on an undersized lot. II. APPLICANT. The applicant is Philip Grabicki. III. LOCATION. The proposal is located on the northeast side of Mason Lake at E 2971 Mason Lake Drive East, Grapeview. Lot 83 of Madding Sunny Shore Addition #6 . Parcel #22233 52 00083 . IV. PROJECT DESCRIPTION. Construct a 30' by 301 garage with accessory living quarters on the second floor. The garage to be located landward of the existing residence and 114' from the OHWM of the lake. V. EVALUATIONS. A. Characteristics of the site. The site contains a single family residence and septic system. There is a dock and bulkhead on the shoreline. The area where the garage is proposed has been excavated and the proposed walls would retain the cut bank on east and north sides of the garage. B. Characteristics of the area. The adjacent property to the south contains a recently installed mobile home and the adjacent property to the north contains a small cabin. The surrounding area is residential . C. Shoreline Designation. The shoreline designation is Urban Residential . VI. SEPA DETERMINATION. A Determination of Nonsignificance was issued on January 21, 1993 . Comments were received from the Dept. of Ecology regarding potential erosion which could occur as a result of clearing and grading. The clearing and grading was done prior to the time of application in preparation for the existing mobile home and proposed garage. The applicant had taken precautions to prevent erosion from entering the lake by planting a lawn and controlling drainage on his property. VII. OTHER PERMITS. This project also requires a building permit and Environmental Health Department approval . The septic system design for a two bedroom accessory living quarter was approved by the Environmental Health Department on March 5, 1993 . (copy attached) . 1 VIII. CONCLUSION. The proposal is regulated by the Residential Accessory Living Quarters and Variance Chapters of the Master Program. A Substantial Development Permit is required for all accessory living quarters. A Shoreline Variance is required because the lot is 15, 500 square feet instead of the 18, 750 square feet required in an Urban Residential designation. The Accessory Living Quarters regulations are as follows: 1. Only one accessory living quarter per lot. In an Urban environment, a lot must be 1-1/2 times the size required for a single family residence which totals 18, 750 square feet. 2 . Strict compliance with current sewage setback and design standards. 3 . Minimal impact on surrounding properties from view blockage, traffic, parking and drainage. 4 . Compliance with setback criteria set forth in the Table on page 56 . 5 . Accessory living quarters shall require a Substantial Development Permit and shall not exceed 1, 000 square feet. Response to the above requirements: 1. This is the only accessory living quarter on the lot. The lot does not meet the minimum lot size by falling 3, 250 square feet short of the 18, 750 . 2) The applicant has met strict compliance with current sewage system setback and design standards. There is an existing septic system for the mobile home and an approved design for the accessory living quarters . Both systems are landward of the proposed garage. Both septic reserve areas are located above these designed systems in the treed area, landward and above the approved drainfield. The applicant wishes to reserve this area between the County road and his developments by retaining the trees and underbrush until and if there is a time when he may need the area for a new septic system. 3 & 4) Staff received comments from the adjacent property owner to the north regarding several potential impacts that they feel this development may have on them. The neighbor raised concerns regarding the grading which was done in preparation for the existing mobile home and proposed garage creating an encroachment of the earth spilled onto their property. Other encroachment concerns expressed were the covering of a property line stake and construction of a shed on the north side of the existing mobile home. The shed infringes on the 5' side yard setback. 2 Another concern was the possibility of undermining their property where the 8' to 10' banks were cut close (31 ) to the property line. The neighbor stated that with future construction of a residence on their property, the two story garage to the south will create an offensive fence like situation. This may be so because of the narrow lots, 61' to 62' wide, and the space within the lots which the structures are filling, a 30' wide garage, 71 from the property line and an existing 50' wide mobile home, 5' from the line. The neighbor questioned if it was o.k. to drive over septic tank feeder lines because the applicant will need to drive over them. The neighbor was also surprised that the applicant was not required to do a surface water impact study due to extensive vegetation removal and closeness to the lake. He questioned if building permits were received for the dock and bulkhead constructed within the last year. Staff conducted an additional site inspection accompanied by a building inspector to address the neighbor' s concerns. Staff then contacted the applicant and requested additional information that should respond to the potential and existing impacts on the neighboring property. Letters from the neighbor and applicant are attached. Planning and Building staff' s review indicates that the permit can be conditioned to adequately address most of the concerns brought by the adjacent property owner. The exception would be that of the view blockage because the garage is within the requirements for setbacks. It is located landward of the existing mobile home and landward of the minimum setback that would be required for structures on the neighboring property. The Environmental Health Department will allow the applicant to drive over the double sleeved tight lines of the septic system and they will not be driving over the drainfield. In addition, a surface water environmental impact study is not required in Mason County for clearing on waterfront property as it may be in other Counties. Drainage around this residence and garage are required by the Building Department. No additional drainage was required by the Environmental Health Department because the soils are permeable. Planning staff did witness a surface water erosion problem created by the neighbor to the south of the applicant where surface water is carried down their mutual south property line toward the lake. This will be addressed by the neighbor on that property with the applicant' s assistance as soon as possible. It will be planted with vegetation and rockeries installed. The Building Department has verified that when the walls of the garage are appropriately backfilled, the cut banks will no longer be a concern and will meet the UBC. Building has also indicated that the remaining slopes between the garage and mobile home must be at a two to one slope and appropriately maintained to prevent erosion. They may extend to the property line but not over it and 3 I then will be in conformance with the building code. A building permit was issued for the dock and the applicant was misinformed about the requirement for a building permit for the bulkhead. The applicant will apply for a permit for the bulkhead. The applicant has agreed to remove the fill which spilled over onto the neighbor' s property in the vicinity of the cabin and has recovered the property stake marker in same area and placed a pipe so that it is clearly visible to both property owners . The shed which does encroach within the 5' sideyard setback toward the north property line covers the applicant' s well pump equipment. He has agreed to remove this shed and move the equipment into the garage. 5) The living quarters on the second floor of the garage will be 900 square feet less than the m±-TaiY&rr 1000 . mad The applicant' s responses to the criteria necessary for granting variances are as follows : 1) Because of the long narrow lot size, the applicant is unable to meet the minimum lot size of 18, 750 square feet. If the applicant placed the proposed garage in the treed area near the road, over 200' from the lake, it would necessitate the removal of the trees and native vegetation in a 75' by 62' area that acts as a natural barrier. In addition the garage would be approx. 100' from the existing structure which is too far away to allow his 9 and 10 year old daughters to safely sleep. The treed area is also where the reserve septic system is located. 2) The lot size is 60' x 244' x 62' which is approx. 15, 500 square feet. This does not allow for the 18, 750 square feet as required by strict enforcement of the Master Program. There are no deed restrictions which preclude this project. No other variances are needed. 3) The garage with overhead living quarters will be placed behind the existing home, approx. 114' from the lake. This is in line with the existing house to the south. There is a cabin on the lot to the north waterward of the applicant' s mobile home. There will be no alterations or impacts to the shoreline. 4) The other lots are residential . This structure will keep with the residential nature of the area. 5) The Variance is for relief from the lot size restriction only. The lot will still be used as a single family residence. There will be no greater impact than if the neighbor four lots to the south, who' s lot is deep enough to meet the minimum lot size, builds an accessory living area or if the existing house was built to 2400 square feet. All septic and height requirements will be met. 4 If approved, staff recommends the following conditions be placed on the permit: 1) The storage shed which is located along the northeast wall of the mobile home be removed upon completion of the garage so that the 5' side yard setback is maintained. The well equipment to be moved inside the garage. 2) All fill which has encroached across the north property line be removed, sloped and planted to prevent erosion, all within applicant' s property. 3) The 1' to 4' long by 1' to 1 1/2 ' deep fill which was excavated across property line near mobile home' s northeast corner to be replaced and appropriately sloped and planted. 4) Roofline of proposed garage must be a minimum of 5' from the property line. 5) Garage walls to be appropriately backfilled so as not to cause an erosion problem along north property line. 6) Accessory living quarters to be only for the use of guests, employees or immediate family members. IX. CHOICE OF ACTION. 1) Approve Substantial Development and Variance request. 2) Deny Substantial Development and Variance request. 3) Conditionally approve Substantial Development and Variance request. 4) Postpone for further information. r 4W Au s GBM 5 RE C e IV MAR � 9 1993 March 26 , 1993 n'ASOM CO. PLANNING DEFT. Grace Miller Department of Community Development Mason County P.O. Box 578 Shelton, WA 98584 Re: Request for Shoreline Variance and Adding an Addition to my Home Dear Ms. Miller: Please postpone my hearing before the County Commissioners indefinitely. After discussions with Don Brush and yourself I have decided to add an addition to my home rather than build an accessory living quarter. Because there is some confusion in my mind as to the definition of an attached/unattached accessory living quarter, I am submitting rough plans for my addition. Prior to proceeding with this project, I would like a determination that this is indeed an addition and not an accessory living quarter. I feel that it is an addition because it is attached to the existing house, it enlarges the existing house and you can move throughout the house without going outside of it. Additionally, there are not separate entrances for the two structures. I realize that the drawings enclosed are rough, I am not asking for a determination as to the structural integrity of the proposed addition and I understand that all sewage, setback, energy, and height requirements will have to be met. I have also checked with the Department of Labor and Industries and realize that they have regulations as to the changes in the mobile home. These regulations will also be met. Please send me a determination that if the proposed structure is built substantially as I have indicated in the enclosed drawings , that it is an addition and not an accessory living quarter. Once again, thank you for your time and attention to this matter. 4sincely, Philip M. Grabicki 5727 - 140th P1. S.E. Everett, WA 98208 206-337-3616 GARY YANDO,DIRECTOR PEON,STgTFO , o A o u N DEPARTMENT OF COMMUNITY DEVELOPMENT i o T ? PLANNING -SOLID WASTE -UTILITIES N Y BLDG. III • 426 W. CEDAR • P.O. BOX 578 of �o rasa SHELTON, WA 98584 • (206) 427-9670 March 31, 1993 Philip Grabicki 5727 - 140th PL SE Everett, WA 98208 Dear Mr. Grabicki: The. Planning and Building Departments have reviewed the letter and drawing which we received from you on March 29, 1993 regarding your revised proposal for an addition. The addition is attached to the existing residence and not an accessory living quarter. It is an addition of two bedrooms to a one bedroom mobile home. The two bedrooms to be used by your daughters and safely accessed from the rest of the house. The proposal does not meet the definition of an accessory living quarter because it does not contain a kitchen and it is accessed by a hallway and stairs from the existing mobile home. It is considered an addition of a rec room, two bedrooms and one bathroom over the attached garage for a single family residence. The fact that an addition would not require a Shoreline Variance was discussed by the Shoreline Advisory Board during your hearing on March 23, 1993 . The Board also suggested that if the bedrooms were. attached to the existing residence, the proposal could be approved . since it meets all Building code, Environmental Health and shoreline setback requirements. Staff has filed your Shoreline Variance application for the accessory living quarters in the Planning Department' s Shoreline Permit files. If for some reason in the future you wish to re- activate the permit process, please contact Planning staff. Thank you. Sincerely, race Miller, Planner DEPT. OF COMMUNITY DEVELOPMENT cc: Rob Lum, Bldg. Dept. Shoreline Advisory Board file