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HomeMy WebLinkAboutSHR2004-00032 - SHR Application - 10/25/2004r �PSON CrATF� MASON COUNTY Ao DEPARTMENT OF COMMUNITY DEVELOPMENT o T i Planning Division N V boy P O Box 279, Shelton, WA 98584 1864 (360)427-9670 SHR2004-00025 NOTICE OF SHORELINE MANAGEMENT PERMIT Notice is hereby given that US POSTAL SERVICE, who is the owner of the described property, has filed an application for a Shoreline Management Permit for the development of: Sub. Dev./Variance CONSTRUCTION OF NEW POST OFFICE FACILITIES COMPRISED OF PLACEMENT OF A 28, X 56.5' MODULAR BUILDING AND CONSTRUCTION OF APPROXIMATELY 5,000 sf OF PARKING LOT AND DRIVEWAY. THIS IS A RENEWAL OF SHR2000-00032 Site Address: Parcel Number: 323305156013 Location of Project: NORTH ON 101TO LILLIWAUP ON LEFT HAND SIDE ADJACENT TO EXISTING POST OFFICE Within: (quarter section)of Section: 30 Township: 23 N Range: 03 W, W.M. in , Mason County Washington. Said development is proposed within HOODCANAL and/or its associated wetlands. Any person desiring to express their view or to be notified of the action taken on the application should notify: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT P O BOX 279 SHELTON, WA 98584 in writing of their interest within 30 days of the final date of publication given pursuant to WAC 173-14-020. The final date of publication, posting, or mailing of notice is 1 1/18/2004. Written comments must be received by 12/18/2004. A public hearing will be held on this permit request. Contact this office at (360)427-9670, ext. 295 for date and time of hearing. � hth& , SHR2004-00025 6-) a004-0003a MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Courthouse Annex j P.O.Box 279,Shelton,WA 9858A-- II (360)427-9670 SHORELINE PERMIT APPLICATION PERMIT NO. SHORELINE SUBSTANTIAL DEVELOPMENT SHORELINE VARIANCE X DATE RECEIVED SHORELINE CONDITIONAL USE SHORELINE EXEMPTION �— The Washington State Shoreline Management Act (RCW 90.58) requires that substantial development within designated shorelines of the state comply with its administrative procedures(WAC 173-14)and the provisions of the Mason County Shoreline Management Master Program. The purpose of this Act and local program is to protect the state's shoreline resources. The program requires that substantial development(any development of which the total cost or fair market value exceeds $5,000.00 or materially interferes with the normal public use of the water or shorelines of the State be reviewed with the goals, polices, and performance standards established in the Master Program- Answer all questions completely. Attach any additional information that my further describe the proposed development. Incomplete applications will be returned. l APPLICANT: John & Bernadine Straatman I P.O. Box 68 ADDRESS: (street) ' Lilliwaup WA 98555 (city) (state) (zip) i TELEPHONE: 3 60-8 7 7-5188 (home) (business) AUTHORIZED REPRESENTATIVE: Foster & Williams Architects (Len Williams) ADDRESS: P.O. Box 102 (street) Shelton WA 985,84-0102 (city) (state) (zip) TELEPHONE: 360-426-0511 PROPERTY DESCRIPTION: General location(include property address,water body and associated wetlands—identify the name of the shoreline): The project is located on the upland side of Highway 101 within the community of Lilliwaup, within 200 feet of Hood Canal . I Legal description (include section, township, and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. Projects located in open water areas away from land shall provide a longitude location)-include all parcel numbers: This project is a re-activation of the application made in 2000. See attached parcel listing. Lots will be combined into one parcel prior to permitting. OWNERSHIP: Con tract t Applicant X Owner X Lessee Purchaser (Identify) Other i Owner: Jahn & Bernadine Straatman P.O. Box 68 Lilliwaup (��t eel) 98555 (city) (state) O 1:\PLANNINGICHARELL&RENEEJSHORELNF-DERMIT.APP REWSED: 06-25-03 DEVELOPMENT DESCRIPTON Development(identify and describe the proposed project,including the type of materials to be used,construction methods,principle dimensions,and other pertinent information): The project involves the construction of a 1 ,480 square foot building to serve as the new Lilliwaup Main Post Office; replacing the existing post office nearby. About 10,000 square feet of driveway and parking area will also be developed. All stormwater will be collected into a bioswale onsite, for total onsite retention/infiltration. Use(identify current use of property with exist improvements: The project site is a former gravel borrow area and is now vacant. There is an existing well that will be reused on the site. There is also an existing small building that will be removed and a septic tank that will be abandoned. Reason for requesting development: The current post office facilties do not meet the postal service needs of the community and require replacement. ACKOWLEDGEMENT I hereby declare,to the best of my knowledge and belief,the forgoing information and all attached information is true and correct. fl^'. 1 4 (applicant or authorized representative) (date) TO BE COMPLETED BY LOCAL OFFICIAL Identify and describe existing features of the site and surrounding area: If proposed structures will exceed a height of 35 feet above the existing grade level,indicate the location of any residential units that will have an obstructive view: If a Conditional Use or Variance is requested,make reference to the appropriate section in the Master Program: I:\PLANNINGICHARELL&RENEEISHORELINEPERMIT.APP REVISED: 06-25-03 J MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT P.O. Box 279 Shelton, WA 98584 Telephone: (360) 427-9670 THE SHORELINE PERMIT PROCESS WITH APPLICATION Complete the application form and Environmental Checklist, where applicable, and submit to the Department of Community Development. Other permits may be required by State and Federal agencies for shoreline development(see list of contacts below). Legal notice is placed in the"Shelton-Mason County Journal" for two consecutive weeks. Publication cost is the responsibility of the applicant. Final permit processing will not occur until advertising fees have been paid to the newspaper. A thirty(30) day public comment period begins from the second legal notice publication date; notices are sent to all adjacent property owners within 300 feet of applicant's boundary property Y lines. For Substantial Development Permits, Conditional Use Permits or Variance requests a public hearing is typically held before the Mason County Hearing Examiner. Hearings are scheduled on the first regularly scheduled Tuesday hearing day following the 30 day public comment period. Following the Hearing Examiner hearing and decisions, the permit and findings are transmitted to the applicant, Department of Ecology, and the Attorney General. A twenty-one to thirty(21- 30) day review period commences when the Department of Ecology receives the permit, during which appeals to local government decisions can be made. Construction pursuant to the permit shall not begin, and is not authorized, until twenty-one (21) days from the date of filing with Ecology. If there is no appeal to the permit decisions, either by the Department of Ecology or by other,the Department of Ecology will allow the decision of the local government to stand and at the e*d of the twenty-one (21) day period, if the local government decision was to approve. If no other permits are needed or other required permits have been granted, the project may proceed. The Department of Ecology will render and transmit to the County and applicant its final decision approving, approving with conditions or disapproving the permit within thirty(30) days of the date of submittal in the case of Conditional Use and Variance permits. The final action to approve, deny, or modify, the Variance and Conditional Use request is determined by the Department of Ecology. Should there be an appeal, the project applied for may not begin Ur it all appeals are settled by the State of Washington Shorelines Hearings Board. No permit authorizing construction shall extend for a term of more than five 5 ears. If actual construction of a development, for which a permit has been granted, has not begun within two years after the approval of the permit by the Hearing Examiner, the Hearing Examiner shall,!at the expiration of the two year period, review the permit, and upon a showing of good cause,1 extend the permit for one year. Otherwise, the permit terminates. Provided, that no permit shall be extended unless the applicant has requested in writing such review and extension prior to the last regular meeting of the Hearing Examiner, coming before the permit expiration date. Although not inclusive, the following identifies the primary contact a person may need to make when developing within a shoreline area: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES South Puget, 950 Farman Avenue North, Enumclaw, WA 98022-9282, Phone: (360) 825-1631. Applications for a Forest Practices Permit for cutting of all merchantable timber for sale are made with the Department of Natural Resources. Applications include map specification. No fee is charged. Applications for bedland leasing are also available.! WASHINGTON STATE DEPARTMENT OF FISH & WILDLIFE (all shorelines, rivers and streams) 600 Capitol Way N., Olympia, WA 98501-1091, Phone: (360) 902-2534 - saltwater, (360) 753-2600— freshwater. Applications for Hydraulic Permit to I:\PLANNING\CHARELL&RENEE\SHO�ELINEPERMTT.PRO REVISED: 06-25-03 I • THE SHORELINE PERMIT PROCESS—Page 2 construct any form of hydraulic project or other work that would use, divert, obstruct, or utilize any waters of the state of materials from within the ordinary high water line are processed by the Department of Fish&Wildlife. Applications must be submitted with map and drawing. No fee is charged. U.S. ARMY CORPS OF ENGINEERS, Seattle District,P.O. Box 3755, Seattle, W� 98124, Phone: (206) 764-3495. Applications are made for permits from the Corps!for any development within navigable waters (Section 10 Permit of dredge ), discharge g , dge�or fill materials into waters or on their adjacent wetlands (Section 404 Permit) and transportation of dredge materials for disposal in ocean waters (Section 103 Permit. fications. A fee is required for permit issuance. Applications include drawing speci In addition to the information requested on the application, the applicant shall provide, at ai minimum, the following information. 1. Site Plan—drawn to scale and including: a. Site boundary. i i b. Property dimensions in vicinity of project. I C. Ordinary High Water Mark(OHWM) located adjacent to or within the project. Where the ordinary high water mark is neither adjacent to or within the boundary of the project plan shall indicate distance and direction to the nearest ordinary high water mark of the shoreline. d. Typical cross section or sections showing: i 1) existing ground elevation 2) proposed ground elevation � 3) height of existing structure j 4) height of proposed structures I e. Where appropriate,proposed land contours using five foot intervals in water area and ten foot intervals on areas landward of ordinary high water mark, if development involves grading, cutting, filling or other alteration of land contours. Contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of the proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours applied. f. A delineation of all wetland areas that will be altered or used as part of the i development. g. A general indication of the characters of vegetation found on site. h. Show the dimensions and locations of all existing structures which will be maintained, including; but,not limited to buildings,paved or graveled areas, roads, utilities, septic tanks and drainfields,material stockpiles or surcharge,':and stormwater management facilities. i. A landscaping pla�i for the project. j. Where applicable,plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section. k. Quantity, source, and composition of any fill material that is to be placed on ithe site whether temporary or permanent. 1. Quantity, source, and destination of any excavated or dredged material. In. A vicinity map showing the relationship of the property and proposed j development or use to roads, utilities, existing developments and uses on adjacent properties. THE SHORELINE PERMIT PROCESS —Page 3 n. Where applicable, a depiction of the impacts to views from existing residential uses. o. On all variance applications, the plan shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provides a basis for the request, and the location of adjacent structures and uses. 2. Vicinity Map a. Indicate site location using natural points of reference (roads, state highways, prominent landmarks, etc.). b. If the development involves the removal of any soils by dredging or otherwiJe identify the proposed disposal site on the map. If disposal site is beyond the' confines of the vicinity map, provide another vicinity map showing the preci�e location of the disposal site and its distance to nearest city or town. C. Give brief narrative description of the general nature of the improvements and land use within 1,000 feet in all directions from development site. 3. Adjacent Land Owners Provide names and addresses of all real property owners within 300 feet of property where development is proposed. When adjacent property widths exceed 100 feet, at least three (3) adjacent property owners' names and addresses shall be provided. PLEASE NOTE: Completed application and documents shall be submitted to the Administrator of the Department of Community Development for processing and review. The applicant prior to further processing shall correct deficiencies in the application or submittal documents Applications considered as incomplete will be returned to the applicant FEE STRUCTURE - will be based on current fees, see fee chart for reference. Types of permits that require fees: Substantial Development Permit Conditional Use Permit Variance Request Conditional Use/Substantial Development.Permit Variance/Substantial Development Permit Variance/Conditional Use Permit Substantial Development/Conditional Use/Variance Permit Revisions Exemptions In addition to the above fees, a State Environmental Policy Act fee(SEPA)will be required for the environmental checklist processing(including site inspection). Publication cost is the responsibility of the applicant. Final permit processing will not occut until advertising fees have been paid to the newspaper by the applicant. The Shelton-Mason County Journal will bill the applicant directly. Applicant must sign and date the attached acknowledgment indicating that they understand tis to be their responsibility. Applicant must submit the signed page as part of application in order for it to be considered complete. THE SHORELINE PERMIT PROCESS--Page-4-- Publication cost is the responsibility of the applicant. Final permit processing will not occ until advertising fees have been paid to the newspaper by the applicant. The Shelton-Maso County Journal will bill the applicant directly. IIWE understand that WE must sign and date the attached acknowledgement indicating that I/WE understand that is MY/OUR responsibility. UWE must submit the signed page as paX t of this application in order for it to be considered as complete. II I 10fI 25r DATE I 9�� WNER APPLICANT I i, I i ADDITIONAL INFORMATION FOR SHORELINE VARIANCE 1. Show that the strict application of the bulk, dimensional, or performance standards set forth in the Master Program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by the Master Program. The only reason that a variance is being required for this project appears to be the wording of Chapter 7.16.040, Commercial Development, use regulation 2, which states that "Commercial development may be permitted on the shoreline in the following descending order of priority: water dependent, water related, and water oriented. Non-water related, non-water dependent, and non- water oriented developments in an urban and rural environment may be permitted by Substantial Development Permit when: - The parcel of land to be developed is a minimum of 100 feet from OHWM and is located on the upland side of a public roadway, railroad right of way, or government controlled property."The only portion of this wording which is at issue is the stipulation that "the parcel of land to be developed is a minimum of 100 feet from OHWM"-all the other requirements for a non-water oriented commercial use are met by the proposal. This parcel is a minimum of 63 feet from the OHWM. In looking at the Shoreline Master Program for other potential uses of this property, there are very few other options. Because the property is located on the upland side of the state highway, it is not suitable for any type of water dependent or water related use. It is highly unlikely that a water oriented use would be located on this property, because of the significant barrier posed by the state highway to any kind of direct relationship with the water. Similarly, it is unsuitable for a marina, pier, or port use, because it is not on the water. It is unsuitable for any kind of agricultural, aquacultural, mining, or forest related use, due to its limited size and proximity to the adjacent commercial development. Its somewhat isolated location relative to the county population centers makes it undesirable for any kind of transportation facility. The only other uses that could be reasonably considered are recreational and residential uses. In regard to recreational usage,the site's limited size(approx. 0.85 acres)makes it highly unlikely that any type of recreational development could be practical for this site. First, much of the site (approximately 50%) is steeply sloped and would be cost prohibitive or unusable for development. Particularly when increased sewage system demands accompanying a recreational use are considered, along with significant storm water issues,there would be little property left for buildings and parking areas. These factors would severely limit the size and scope of a recreational project, making it impossible to achieve the scale needed to make such a project economically viable. In regard to residential usage, there are two areas of incompatibility. First, the property is not very desirable for residential use because its only buildable area is so close to the highway. While there are many homes along Highway 101 that are very close to the highway, most of those are on the water side of the road, affording privacy on the water side and allowing for fences, landscaping, and other barriers to the traffic impacts on the road side.Where homes are located across the road from the water, they are generally located further back or up the hill so as to mitigate the impact of traffic noise and visual activity to the residence, while maintaining water views. This approach would be very difficult to accomplish on this site, due to the severe topography. Perhaps more important,the property is not well suited for residential use because of its adjacency to the commercial development of Lilliwaup. Though this adjacent development is not intensely urban, it is commercial in nature and supports the activities of the residents of the surrounding area. Because of the limited area available for commercial development in Lilliwaup, particularly along the highway (where it would most naturally occur with minimal adverse impacts to both natural and built environments), this property clearly is better suited for commercial development than residential, and should be developed for commercial uses. Shoreline A0110110r) i 2. Show 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 Master Program, and not, for example from deed restrictions or the applicant's own actions. The responses to the previous question have noted several factors that are unique to this site. First, the property is located on the upland side of the road, as the Shoreline regulation stipulates, but because of the close proximity of the road to the water in this area, does not meet the minimum 100' setback from parcel to water. (It may be worth noting that while there is clear precedent and defensible reasons for locating non-water oriented businesses on the upland side of the road, it is less clear what the more arbitrary 100' setback requirement contributes to the quality of development and the protection of the shoreline, at least in this case). Second, the property is located directly adjacent to the existing commercial uses of Lilliwaup. Third, the site is steeply sloped,with a narrow plateau along the road at the base of the slope,severely limiting the buildable area of the site. All of these conditions, as built-in characteristics of the site, are unique factors which determine development options, apart from the actions of the property owner. 3. Show 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 shoreline environment. The other activities in the immediate area are commercial uses very compatible with the proposed project. In fact, this project will provide a facility to replace the adjacent old post office facility that was used for many years, until it became outdated and postal activities were relocated into the Lilliwaup store building. These activities will be relocated into the new building at the completion of this project, and will remain compatible with adjacent uses, as they have been for many years. The adjacent uses include a small motel, a store, and the post office located in the same building with the store. The only other uses in the immediate area are a residence, owned and inhabited by the proponent of this project, and located in privacy on the top of the hill above the site. The surrounding area is very compatible with the proposed project,which will enhance the appearance of Lilliwaup's developed environment, maintain the central location and availability of services for residents of the Lilliwaup area, and improve postal services so as to minimize undesirable trips for services to urban centers located some distance away. 4. Show that the variance authorized does not constitute a grant of special privilege not enjoyed by other properties in the area, and will be the minimum necessary to afford relief. The variance requested is due to the uniqueness of this property's physical characteristics, its location relative to existing development, the proximity of the highway to the water, and the overall development situation in the area.There are no other properties with a similar set of circumstances in the nearby area. However, if other properties were positioned to seek variances for the same reasons,the arguments presented here should also be deemed valid in those situations. No special privilege is requested for this project. It is difficult to state categorically that any variance request is the minimum necessary to afford relief. However, it is clear that the development requested here meets shoreline regulations in every way, except that its parcel border is closer to the water than the regulation stipulates, making it a relatively minor variation from regulation. It is also clear that the commercial development requested is small in size (1,480 sq. ft.); that it is not extreme in its type of use (public use facility) or its density relative to site area and nearby development; and that it is in character with its surroundings.The proposed variance is a reasonable and minimal response to the unique site,and a solution beneficial to all while affording relief to the property owner. 5. Show that the public interest will suffer no substantial detrimental effect. The primary public interest of concern to the Shoreline Master Program involves the protection of the shorelines for long term public benefit, access, and usage. The proposed project, because of its upland location and small size, will have no impact on the public's ability to access, view, or enjoy the Hood Canal waterfront, even the shoreline directly across the highway. For long term protection of water quality or other shoreline related environmental qualities, it is hard to imagine a commercial use that would be less impacting. In fact,the sewage system impacts would be much greater for a residence than for this project. Storm water impacts, which are admittedly greater for a commercial development than residential, are still minimized under this proposal, due to its limited scope and the extensive storm water treatment and storage system already designed.Other potential impacts are minimized by the property's location in an already commercially developed area. In fact, there are other benefits to the public interest if this project is approved. It has already been alluded to that there is real benefit to the improvement of postal services for the residents of the Lilliwaup area. This benefit is not only for the convenience of individuals, but has transportation system, environmental quality, and land use planning impacts that are for the good of the public. The existing postal facility in Lilliwaup is inadequate at best, and unsafe in certain ways that need to be addressed. And it would not be in the public's best interest for the facility needs to have to be addressed outside the immediate Lilliwaup area. The US Postal Service has determined, through an extensive site selection process, that this site is the only viable option for a facility that will provide these advantages in the immediate area;the Mason County Commission has given its support to the project and location (Resolution No. 77-00, August 1, 2000); and it is clearly in the best interests of the public to grant the variance. Shoreline Permit Process - Page 5 Property Owner Within 300' 32330 51 26001, 32330 51 26002, 32330 51 26004, 32330 51 26013, 32330 5156013 /« 32330 51 56013 (Subject Property) Lilliwaup Block 56 & Lot 13-18 all TL in Front of that Ptn of Lot 8 32330 21 90014 TR 1-D of Govt Lot 8 & Tax 952 & 954 TR B of 32330 51 26013 (Subject Property) SP #201 Lilliwaup Block 26 Vac Cable Ave Adj to Lots 2-5 Douglas & Winifred Ferguson P.O. Box 193 32330 51 26001 (Subject Property) Lilliwaup, WA 98555-0193 Lilliwaup Block 26 Lot 1 & 5-11 & S1/2 Vac Phelps St. EX-TR A& B of SP#233 AF#315840 32330 51 58001 Lilliwaup Falls Undiv '/z Int in Hotel Reserve S 32330 51 26002 (Subject Property) 291189 Lilliwaup Block 25 Lot 2-3 Kim H Roberts ET AL 1308 SW Melrose Ave 32330 51 26004 (Subject Property) McMinnville, OR 97128-6621 Lilliwaup Bock 26 Lot 4 32330 51 58003 322330 51 56001 Lilliwaup Falls Undiv 1/4 Int in Hotel Reserve S Lilliwaup Block 56 Lots 1-8 29/189 John & Bernadine Straatman Jo Robinson-Burns P.O. Box 68 29428 - 129`h Ave SW Lilliwaup, WA 98555 Vashon, WA 98070-8824 32330 51 56010 32330 51 58004 Lilliwaup Block 56 Lots 9-10 Tax 1240 Lilliwaup Falls Undiv 1/4 Int in Hotel Reserve S Betty L Gray 29/189 P.O. Box 123 Sharon L Morris Lilliwaup, WA 98555-0123 23623 - 77th Ave SW Vashon, Wa 98070-7139 32330 51 56011 Lilliwaup Block 56 Lots 11-12 32330 51 24001 Matthew N Kamin ET AL Lilliwaup TR A of Blocks 24 & 25 Phet Ly Paul Kolengrander ET UX 90 W Delight Park Ct Tanya Roberts Shelton, WA 98584-7869 11717 King Street Street Wheaton, MD 20902-2636 32330 21 80560 Tax 956-A 32330 51 25001 Anita M Haddon Lilliwaup TR B of Block 24 & 25 '/z Int 7801 A Street John W Robinson Tacoma, WA 98408-7008 2401 N Cedar St Tacoma, WA 98406-6640 3220 21 90013 TR 1-C of Lot 8 & Tax 1104 TR A of SP #201 James W & Karen F Nelson P.O. Box 195 Lilliwaup, WA 98555-0195 -��� �h�ve l ira Arp '