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HomeMy WebLinkAboutDDR2006-00200 Special Use Hearing - DDR Letters / Memos - 10/10/2006 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts, Hearing Examiner 3 RE: Gary and Denise McGaughey 4 FINDINGS OF FACT, CONCLUSIONS 5 Special Use Permit OF LAW AND FINAL DECISION #DDR2006-00200 6 7 INTRODUCTION 8 The applicant has applied for a special use permit to place an accessory dwelling unit. 9 The Examiner approves the application. 10 11 ORAL TESTIMONY 12 C. McCoy introduced his staff report and exhibits into the record and answered questions from the Hearing Examiner. 13 14 EXHIBITS 15 See "Exhibits" attached to the September 15, 2006, staff report. 16 FINDINGS OF FACT 17 Procedural: 18 1. Applicant. The applicants are Gary and Denise McGaughey. 19 20 2. Hearing. The Hearing Examiner conducted a hearing on the application on September 26, 2006, at 1:00 p.m., in the Mason County Board of Commissioners 21 Meeting Chambers. 22 Substantive: 23 3. Site/Proposal Description. The applicant proposes to place a 24 manufactured home, less than 1,000 square feet in size, as an accessory dwelling unit ("ADU"). The primary residence on site is approximately 2,000 square feet a 750 25 square foot attached garage. The distance between the proposed ADU and the primary residence is approximately 54 feet. The lot is approximately 6.06 acres located at 6570 NE Bear Creek Dewatto Rd, Belfair. A fish bearing stream passes through the property in a north to south direction along the eastern side of the ADU Special Use Permit P. 1 Findings, Conclusions and Decision (BFP643021.DOC;1/13009.900000/) property. The parcel is partially wooded with native vegetation. Hood Canal Timber I Company borders the property to the north and Bear Creek Dewatto Rd to the south. 2 A well and septic system are on site. The site is only slightly sloped. 3 4. Characteristics of the Area. The area is primarily managed for long term commercial forestry, and future residential development. The site is located in an 4 area zoned as Rural Residential 5 and adjacent to property with Rural Residential 10 5 zoning. Hood Canal Timber Company is active in long term commercial forestry. 6 5. Adverse Impacts of Proposed Use. The project is categorically exempt from SEPA pursuant to WAC 197-11-800 (1)(b)(i). The staff states in the staff report 7 that it is their conclusion that there do not appear to be impacts on surrounding properties for services, parking, or public utilities. The surrounding lots are also, 8 according to testimony received during the hearing, vacant such that the addition of an ADU will not have any adverse impacts on any current uses. The increase in 9 density for a relatively large lot (over six acres) does not appear to create any 10 significant adverse impacts on any future residential use of adjoining lots. 11 CONCLUSIONS OF LAW 12 Procedural: 13 1. Authority of Hearing Examiner. MCC 15.03.050(J) provides the 14 Examiner with the authority to review and act upon special use permit applications. 15 Substantive: 16 2. Zoning Designation. The area is designated as Rural Residential 5 in the 17 Mason County Zoning Code. 18 3. Review Criteria and Application. MCC 1.03.029, which governs 19 accessory dwelling units in rural lands, provides that such accessory dwelling units are subject to a special use permit. The review criteria for a special use permit 20 application are governed by MCC 1.05.044, which are laid out below with applicable conclusions of law. In addition, applicable Development Regulations under MCC 21 1.03.029 follows. 22 MCC 1.05.044(A): That the proposed use will not be detrimental to public health, 23 safety and welfare. 24 4. No potential detrimental effects have been identified by the staff or the applicant. The residence will be served by an existing private on-site septic system 25 and well. Staff concluded that the proposed project would not impact surrounding properties for services, parking, or public utilities. The placement of the manufactured home meets all county setbacks. ADU Special Use Permit p. 2 Findings, Conclusions and Decision (BFP643021.DOC;1/13009.900000/) MCC 1.05.044(B): That the proposed use is consistent and compatible with the 1 intent of the comprehensive plan. 2 5. As indicated by staff, there do not appear to be any conflicts to the 3 comprehensive plan and given the compatibility of the use with adjoining uses, the proposal is consistent with the general intent of the comprehensive plan. Rural 4 Residential 5 zoning allows one ADU per parcel. A family member will occupy the 5 proposed ADU. 6 MCC 1.05.044(C): That the proposed used will not introduce hazardous conditions at the site that cannot be mitigated through appropriate measures to protect adjacent 7 properties in the community at large. 8 6. As indicated in hearing testimony from the staff, no hazardous conditions 9 will be expected as a result of the proposal. 10 MCC 1.05.044(D): That the proposed use is served by adequate public facilities which are in place, or planned as a condition of approval or as an identified item in 11 the County's Capital Facilities Plan. 12 7. As indicated in the staff report, the ADU will be served by an existing on- 13 site septic system and well,which are adequate. 14 MCC 1.05.044(E): That the proposed use will not have a significant impact upon existing uses on adjacent lands. 15 8. As indicated in the Findings of Fact, the proposed ADU is for a relatively 16 large lot that is over six acres in size. Surrounding lots are vacant and of comparable 17 size. Given the size of the subject and adjoining lots, it does not appear that the increase in intensity and density created by the proposed ADU will have any 18 significant impact on existing uses on adjacent lands. A family member will occupy the proposed ADU. 19 MCC 1.05.044(F): If located outside the urban growth area, that the proposed use 20 will not result in the need to extend the urban services. 21 9. As stated by staff during the hearing, there is no need to extend any urban 22 services. 23 MCC 1.03.029 (A) through (I): (A) The ADU shall be subject to a special use permit; (B) The owner of the ADU must reside on the lot in either the principal 24 residence or ADU; (C) The ADU shall be located within 150 feet of the principal 25 residence; (D) The ADU shall not exceed 80% of the square footage of the habitable area of the primary residence or 1,000 square feet, whichever is smaller; (E) All setback requirements must be met by the ADU; (F) All applicable health district standards for water and sewer must be met by the ADU; (G) No recreational vehicles ADU Special Use Permit p. 3 Findings, Conclusions and Decision (BFP643021.DOC;1/13009.900000/) shall be allowed as ADUs; (H) Only one ADU is allowed on any property; (I) An 1 additional off-street parking space must be provided for the ADU. 2 10. As noted above, the proposed ADU meets all of the above criteria. 3 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 4 proposed development according to the following criteria: 5 1. The development does not conflict with the Comprehensive Plan and meets 6 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. 7 2. Development does not impact the public health, safety and welfare and is in the public interest. 8 3. Development does not lower the level of service of transportation andlor 9 neighborhood park facilities below the minimum standards established within the 10 Comprehensive Plan. 11 10. As indicated in the staff report, the project is consistent with the Mason County Code and comprehensive plan and will not lower the level of service for 12 transportation or park facilities. As noted previously, there is no discernable impact on public health, safety and welfare. Given that the project promotes affordable 13 housing, it is in the public interest. 14 DECISION 15 The Hearing Examiner approves the requested Special Use Permit as recommended 16 by staff. 17 Dated this/c-p day of October, 2006. 18 19 20 Phil A. Olbrechts 21 Mason County Hearing Examiner 22 23 24 25 ADU Special Use Permit p. 4 Findings, Conclusions and Decision (BFP643021.DOC;1/13009.900000/) Mason County Department of Planning Building I * 411 N. 5th Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 September 15, 2006 TO: Mason County Hearings Examiner FROM: Planning Staff—Charles Mead McCoy III; 360.427.9670 ext. 294; chuckm@co.mason.wa.us RE: Special Use Permit(DDR2006-00200)for placement of an Accessory Dwelling Unit STAFF REPORT Introduction. This report evaluates a proposal for the addition of a manufactured home as an accessory dwelling unit. The completed unit will be 990 square feet. Staff recommends approval of the Special Use Permit. Applicant. Gary and Denise McGaughey. Property Location. 6570 NE Bear Creek Dewatto Road, Belfair, WA 98528. Parcel #22302-75-90091. Project Description. The proposal is to place a 990 square foot manufactured home on the parcel. The primary residence on site is approximately 2,000 square feet with 750 square foot attached garage. The distance between the primary residence and the proposal is approximately 54 feet. Please see site plan(Attachment 2). Evaluations. Characteristics of the site. The lot is approximately 6.06 acres located at 6570 NE Bear Creek Dewatto Road, Belfair. A fish-bearing stream passes through the property in a north to south direction along the eastern-side of the property. The parcel is partially wooded with native vegetation. Hood Canal Timber Company borders the property to the north and Bear Creek Dewatto Road to the south. Currently there is a 2,000 square foot residence and attached garage of 750 square foot within approximately 65 feet of the proposal. A well and an existing septic system are on site. Please see site plan(Attachment 2). The site is only slightly sloped. Characteristics of the area. The area is primarily managed for long-term commercial forestry, and future residential development. The site is located in an area zoned as Rural Residential 5 and adjacent to property with Rural Residential 10 zoning. Hood Canal Timber Company is active in long-term commercial forestry. Shoreline Designation. Not Applicable. Comprehensive Plan Desi ng ation/Zoning. The Mason County Comprehensive Plan designation for the site is Rural and the zoning is Rural Residential 5. SEPA Compliance. Project is SEPA exempt per WAC 197-11-800 (1)(b)(i). Other Permits/Approvals. The proposal will require Mason County Building Permit for the residential (ADU) construction(BLD2006-01520). A Notice of Application and Public Hearing (Attachment 3)was posted in the Mason County Journal. Notice was posted on site. Analysis. This proposal requires a Special Use Permit due to the requirements of the Mason County Development Regulations; dated June 13, 2006, section 1.03.029. Please see Attachment 1. The parcel currently contains a primary residence that is 2,000 square feet and a septic system. Applicable Development Regulations as listed under section 1.03.029 A.: The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction it is subject to a shoreline permit. The owner of the ADU must reside on the lot in either the principal residence or ADU. The ADU shall be located within 150 feet of the principal residence or shall be a conversion of an existing detached structure (i.e. garage). The ADU shall not exceed 80%of the square footage of the habitable area of the primary residence or 1,000 square feet,whichever is smaller. All setback requirements must be met by the ADU. All applicable health district standards for water and sewer must be met by the ADU. No recreational vehicles shall be allowed as ADUs. Only one ADU is allowed on any property. An additional off-street parking space must be provided for the ADU. Staff Response: The ADU as proposed meets all of the above criteria A—I. Applicable Special Use review criteria: See the applicant's answers to these criteria, marked Attachment 4. Will the proposed use be detrimental to the public health, safety and welfare? Staff Response: The placement of the manufactured home meets all county setbacks and assures adequate off street parking. No potential detrimental effects have been identified. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? Staff Response: The proposed use is consistent and compatible with the Comprehensive Plan. Rural Residential 5 zoning does allow for one accessory dwelling unit per parcel. A family member will occupy the proposed ADU. through Will the proposed use introduce hazardous conditions at the site that cannot bemitigatedgh p p appropriate measures to protect adjacent properties and the community at large? Staff Response: No hazardous conditions are expected as a result of the proposal. Is the proposed use served by adequate public facilities, which are in place, or planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? Staff Response: Public facilities, which are in place, are currently adequate to serve the proposed ADU. Will the proposed use have a significant impact upon existing uses on adjacent lands? Staff Response: There will be no significant impact upon existing, adjacent land uses. Adjacent land uses are residential and vacant lands. A family member will occupy the AD If located outside an Urban Growth Area, will the proposal result in the need to extend urban services? Staff Response: The addition of a single-family residence would not result in a need to extend urban services. Project Analysis: Based upon these policies and regulations, the project conforms to the policies and use regulations of the Mason County Development Regulations with regards to Accessory Dwelling Units. Conclusions. As designed, the project is consistent with the Mason County Development Regulations. Staff recommends approval. Choices of Action. Approval of the SUP request. Denial of the SUP request. Conditional approval of the SUP request. Postpone the decision for further information. l 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 ►�►�� ��((� / �i� Telephone Mailing addre pa,�— Gt)w)L1��rt'lC�rd �b J0 Site address S O M5 eear Crc&k- Tax Parcel # -� 3 0 al 1,5� 4 ©�9 Legal Description h e 0 1Z,4- / a. /5/ re,cd rdZ'l, A0 o 3 l 91r6 ®l ud &Is i P-1 o. -VSO9 V Ab weg va. ew oI Type of Special Use Permit: Communica ions Tower / � a �, / Accessory Dwelling Unit �/ -�'LI�, y/ v Oversize Construction Other /'Y? 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 Permit: $920.00 - Hearings Examiner: $490.00 Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. I:\PLANNING\C&RPAC\SPECIALUS E.PER REVISED:4/27/05 S 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. i ❑ 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: $920.00 - Hearings Examiner: $490.00 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:04/27/05 4. A40"-I - ol 41 (UA lilt L A- -4 T-- 10. -4- f L kt r e-1 TOPOGRAPHY PROFILE: "C AT Direction:TAatF4�- Scale: Approval: for office use Building Permit number: 570 Building: Owner/Applicant: e, 1s e- e-Cca4 4 ety Date of Planning: application: Env. Health: Parcel Number�ox �.Z-3 02 7 5- 0 r? 1 o3 Notice of Application for A Special Use Permit required under Mason County Development Regulations and Notice of Public Hearing Notice is hereby given that Denise McGaughey, who is the applicant for the following proposal, has filed an application for a Special Use Permit. The request for a Special Use Permit as required under Mason County Development Regulations Ord. No. 82-96 is for the construction of an Accessory Dwelling Unit of approximately 990 square feet. The primary residence that already exists on the parcel is approximately 1756 Square Feet. The property location is at 6570 NE Bear Creek Dewatto Road, Belfair. Parcel No. 22302-75- 90091. Date of complete application: June 13, 2006. The proposed development is reviewed as a Special Use Permit under the Mason County Development Regulations and Hearing Examiner approval. A PUBLIC HEARING will be held by the Mason County Hearing Examiner on the proposed project on Tuesday, September 26, 2006 at 1:00 p.m. in the County Commissioners Chambers, Bldg. I, 411 N. 5" Street, Shelton, WA. Please contact Charles Mead McCoy III of the Mason County Department of Community Development at (360) 427-9670, ext. 294, with any questions or comments on this development and Special Use Permit Application. 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Aw"Asti-I� ,Cu: .L�1 @[v✓ J t,rlu �1I C-onQe) U �� TO BE KEPT IN fire ► r RC _ PA L FILE Affidavit of Publication Notice of Application for A Special Use Permit required under Mason County Development Regulations and Notice of STATE OF WASHINGTON 1 SS. Public Hearing COUNTY OF MASON f Notice is hereby given that Denise Mc- Gaughey,who is the applicant for the follow- Julie G.Orme being first duly sworn ing proposal, has filed an application for a Special Use Permit. on oath deposes and say s that she is the clerk The request for a Special Use Permit as P Y required under Mason County Development of the SHELTON-MASON COUNTY JOURNAL, a weekly newspaper. That Regulations Ord. No. 82-96 is for the con- said newspaper is a legal newspaper and it is now and has been for more than six struction of an Accessory Dwelling Unit of months prior to the date of the publication hereinafter referred to, published in approximately 990 square feet.The primary the English language continuously as a weekly newspaper in SHELTON,Mason residence that already exists on the parcel County, Washington,and it is now and during all of said time was printed in an is approximately 1756 Square Feet. The office maintained at the aforesaid place of publication of said newspaper. That property location is at 6 Bear Creek the said SHELTON-MASON COUNTY JOURNAL was on the 9th da of Dewatto Road, Belfair.Parcel N No.22302-75- Y 90091. August, 1941, approved as a legal newspaper by the Superior Court of said Date of complete application: June 13, Mason County. 2006. The proposed development is reviewed That the annexed is a true copy of a as a Special Use Permit under the Mason County Development Regulations and Hear ing Examiner approval. Notice of Appl.for A Special Use Permit and Notice A PUBLIC HEARING will be held by the Mason County Hearing Examiner on the pro- of Public Hearing—Denise McGaughey posed project on Tuesday, September 26, as it was published in regular issues and not in supplement form of said 2006 at 1:00 p.m. in the County Commis- sioners Chambers, Bldg.I,411 N.5th Street' newspaper once each week for a period of one Shelton,WA. consecutive weeks,commencing on the Please contact Charles Mead McCoy III of the Mason County Department of Com- 21st day of September ,20 06 and ending on the munity Development at(360) 427-9670, ext. 294,with any questions or comments on this development and Special Use Permit Appli- 21st day of September 2006 both dates inclusive, cation. and that such newspaper was regularly distributed to its subscribers during all of 9/21 1t the said period.That the full amount of the fee charged for the foregoing publication is the sum of$ 35.63 ()r I Lbi-CA UAA�kc Subscribed and sworn to before me this Ust day of `�rrrrlrlrrrrr� September 2006P1 DOS",/ O \��`� �SSION�fS ''��s t+ � Nota ublic in and for the State of WashingtorL` NOTARY Residing at Shelton,Washington My commission expires I 20 5 pUBL�� sss�7 Gar DO^�p=� s�sss s OF W A S!?v\���� eeadlulrtttt