HomeMy WebLinkAboutSHR2014-00014 - SHR Application - 7/16/2014 MASON COUNTY
MU DEPARTMENT OF COMNITY DEVELOPMENT Cyll
Building III-426 west Cedar Street
P.O.Box 279,Shelton,WA 98584
(360)427-9670-Ext.352
SHORELINE PERMIT APPLICATION
PERMIT NO. �H�Zy�� CYO') SHORELINE SUBSTANTIAL DEVELOPMENT
SHORELINE VARIANCE* X
DATE RECEIVED -I Lo•w 4 SHORELINE CONDITIONAL USE*
SHORELINE EXEMPTION
The Washington State Shoreline Management Act (RCW 90.58) requires that substantial developments 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 $5,718.00 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.
Shoreline Variances and Conditional uses have additional pages that shall be attached to this application.
APPLICANT: Barghausen Consulting Engineers Inc -Tom Barghausen
ADDRESS: 18215 72nd Avenue South
(street)
Kent WA 98032
(city) (state) (zip)
TELEPHONE: (425)251-6222
(home) (business)
AUTHORIZED REPRESENTATIVE: Tom Barghausen
ADDRESS: Same as above
(street)
(city) (state) (zip)
TELEPHONE:
PROPERTY DESCRIPTION:
General location(include property address,water body and associated wetlands—identify the name of the
shoreline): 10811 N E North Shore Road,property lies on Hood Canal
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:
Lots thirty-nine(39) Cady's Sunrise Beach Volume 4 of Plats Page 8 Records of Mason County, l
Washington. Parcel numbers 32224-50 00024 and 32224-50-22225 Section 24 Township 22North Range 03East.
shoreline 2011 app.doc
OWNERSHIP: Contract
Applicant Owner X Lessee Purchaser (Identify) Other
Owner. Washington Federal
425 Pike Street
(street)
Seattle WA 98101
(city) (state) ( P)
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):
Please see attached.
Use(identify current use of property with exist improvements:
Please see attached.
Reason for requesting development:
Please see attached.
ACKOWLEDGEMENT
I hereby declare,to best of my knowledge and belief,the forgoing information and all attached information is
true and correc
�— July 15,2014
(applicant or authorized representative) (date)
2/1
shoreline 2011 app.doc
Publication Cost Agreement
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.
Signature of Property Owner Date Print Name
� OR
_ly 15 2014 Tom Baighausen
Signature of Applicant Date Print Name
shoreline 2011 app.doc
LIST OF ADJACENT PROPERTY OWNERS' MAILING ADDRESSES
WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES
FOR PUBLIC HEARING NOTIFICATION
Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor.
shoreline 2011 app.doc
Protect Description
Lot 39 Cady's Sunrise Beach
Combined Shoreline, Resource and Development Variance
Lot 39 of the plat of Cady s Sunrise Beach is a highly constrained legal parcel bisected by North Shore
Road. The only physically feasible building area is on an existing flat pad located between the existing
concrete seawall/bulkhead and the existing county road. The portion of the lot located northerly of
North Shore Road has been determined to be unbuildable due to geotechnical,wetland, and steep slope
constraints.
The lot is zoned RR-5 (Rural Residential -5). The Shoreline Designation for the property is "Urban". It
appears that this portion of Lot 39 was previously used for recreation in conjunction with a neighboring
parcel as evidenced by the existing grass lawn and brick fireplace.
The maximum building land area lying between the concrete seawall/bulkhead is 1530 square feet in
size (roughly 4%of the total site area) and is irregular in shape. The entire area is located within one or
more of the following setbacks as set forth in Mason County codes:
• FWHCA setbacks as provided in Mason County Resource Ordinance 17.01.110.D (Table 3� for
Critical Area Habitat:
o 100' buffer from OHWM (bulkhead) plus a 15' BSBL
• Building setbacks in the Mason County Development Regulations 17.04.223 for the Rural
Residential 5 (RR-5 zone)are:
0 25'front yard setback from county right-of-way
0 20'side yard setbacks
• Shoreline Master Program setbacks as set forth in Mason County Chapter 17.50 for Residential
Development(Subsection 9)
o 15'from OHWM
Given the above buffers and setbacks, this portion of the lot is unbuildable without approval of a
variance from Mason County.
After completing the survey, we have determined that a rectangular building envelope approximately
35' x 25' (approximately 750 square feet) can be accommodated within the limitations of the existing
pad, but will require approval of 3 combined variances. This footprint would be large enough to
accommodate a 1500 SF 2-story home. This is substantially below the maximum threshold set forth in
Mason County Code 17.01.150.E (Variances—Review Standards) of 2,550 square feet or 40% of the
gross lot area. 5 j(
)
The applicant has already received approval from the Mason County Health Department for a 2-party
water system using the existing well associated with the adjoining lot 40 which will be able to provide
water service for a house on this Lot 39. A septic system design and permit application has also been
submitted for a drainfield on the northerly portion of this Lot 39 and is expected to be approved soon.
Once the variance applications are approved, a single family home can be designed for the lot that fits
within the approved variance envelope. The purpose of this application is to obtain approval for this
"building envelope" before beginning the design of a house.
The envelope shown on the enclosed site plan is conceptual. The request of the applicant is for
approval of the following variances from setback and buffers for that portion of Lot 39 lying southerly
of North Shore Road:
1. Reduce the front-yard setback to-0-from the existing right-of-way for Northshore Road
2. Reduce the rear-yard (bulkhead) setback to -0- from the top back edge of the bulkhead
along the shoreline
3. Reduce the southerly side yard setback to-0-measured from the existing property line
Upon approval of a variance with the above criteria,the applicant will be able to proceed with design of
a house to fit within this limited footprint.
G��
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Building III.,426 W. Cedar St.
P.O.Box 186
Shelton,WA 98584
(360)427-9670
ADDITIONAL INFORMATION FOR SHORELINE VARIANCE
The purpose of a Variance Permit is strictly limited to granting relief to specific bulk,
dimensional or performance standards set forth in the Master Program,where there are
extraordinary or unique circumstances relating to the property such that the strict implementation
of the Master Program would impose unnecessary hardships on the applicant or thwart the
policies set forth in RCW 90.58.020.
Variance Permits for development that will be located landward of the ordinary high water mark
(OHWM), except those areas designated as wetlands,may be authorized provided the applicant
can demonstrate all of the following:
1. 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;
Please see attached
2. 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;
Please see attached
3. 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;
Please see attached
10
C %�
Shoreline Variance Questions I `' Page 1 of 2
426 1"d. CIE DNR ST.
4. 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,
Please see attached
5. That the public interest vnll suffer no substantial detrimental effect.
Please see attached
Variance Permits for development that will be located either waterward of the ordinary high
water mark, or within wetlands,may be authorized provided the applicant can demonstrate,in
addition to Items 1-5 above,that:
6. The public rights of navigation and use of the shorelines will not be adversely affected by
the granting of the variance.
Please see attached
In the granting of all Variance Permits, consideration shall be given to the cumulative impact of
additional requests for like actions in the area. For example,if variances were granted to other
developments in the area where similar circumstances exist the total of the variances should also
remain consistent with the policies of RCW 90.58.020 and should not produce substantial
adverse effects to the shoreline environment
Requests for varying the use to which a shoreline area is to be put are not requests for variances,
but rather requests for conditional uses.
Shoreline Variance Questions Page 2 of 2
RECEIVED
Justification for Combined Variance Anniications JUN 1 1 2014
Lot 39 CadVs Sunrise Beach 426 "1. CEDAR ST.
The authority for review and approval of a Variance by the Hearing Examiner are outlined in Mason
County Code section 17.05.034. The criteria to be considered are generally the same for each of the 3
proposed variances included in this application (Resource Ordinance Variance, Shoreline Variance, and
Development Regulations Variance) as enumerated in Mason County Code 15.09.057 and Mason County
Code 17.50.090.
The below justification is applicable to each of the 3 variances and has been prepared as a single
response to all three of the applications for ease of review because of the overlapping nature of the
ordinances as well as the consistency of the criteria.
Criteria 1: 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:
Please see the exhibit titled "Slope Analysis Map, for reference. Lot 39 is almost an acre in size but is
also highly constrained by physical features. It is bisected by North Shore Road which has a 60-foot
right of way along the shoreline. Over 96 percent of the area of Lot 39 lies northerly of North Shore
Road,virtually all of which classified as a significant landslide hazard area due to slopes in excess of 40
percent. Many areas of the lots have a slope in excess of 60 percent, particularly in close proximity to
North Shore Road.
The hillside along North Shore Road in this this general area has been historically prone to soil
movement and slide activity in designated locations. The toe of slope is located within approximately
10 feet of the existing right-of-way line, leaving no room for construction of a single family home
without significant clearing and grading of the hillside and construction of extensive retaining walls
which would pose a significant hazard and adverse impact on the environment.
During our site investigation of the lot, we observed seepage flowing out of the hillside just above the
toe of slope as well as wetland plants. There is significant groundwater seepage associated with the toe r
of this steep slope which further impacts the ability to safely clear and grade a building envelope on this
portion of the property.
In addition to the above, even if this slope wasn't considered a landslide hazard area, it is unlikely that a
building could be physically constructed on this side of North Shore Road due to the severe gradient. It
is easier to build "down" a slope using a stepped foundation than it is to build "up" a slope. Removing
1
material from the hillside above the toe for the purpose of constructing a house and foundation also has
the potential to undermine the slope, further exacerbating the potential for instability of the slope and
for erosion to occur onto North Shore Road.
The southerly portion of Lot 39 is already partially developed by prior owners and is a feasible building
ad not constrained by native vegetation, steep slopes,or other geotechnical hazards.
There are retaining walls located along and within the right-of-way for North Shore Road to transition
between the road and a flat area adjacent to the bulkhead roughly 16 feet below the road grade. This
pad area is covered with grass lawn and includes an outdoor fireplace. A deck exists on piling over the
beach near the northeast corner and there are two sets of stairs along the bulkhead to provide beach
access as well stairs leading up to the road.
However,this portion of Lot 39 is extremely shallow and has limited width. The maximum building area
lying between the concrete seawall/bulkhead and the existing right-of-way line for North Shore Road is
only 1530 square feet in size (roughly 4 percent of the total site area) and is irregular in shape. This
entire area is located within one or more of the following setbacks as set forth in Mason County codes:
a FWHCA setbacks as provided in Mason County Resource Ordinance 17.01.110.D (Table 3) for
Critical Area Habitat:
o JOG-foot buffer from OHWM (bulkhead) plus a 15-foot BSBL
a Building setbacks in the Mason County Development Regulations 17.04.223 for the Rural
Residential 5(RR-5 zone)are:
o 25-foot front yard setback from county right-of-way
o 20-foot side yard setbacks
o Shoreline Master Program setbacks as set forth in Mason County Chapter 17.50 for Residential
Development(Subsection 9)
o 15 feet from OHWM
Given the above buffers and setbacks, this portion of the lot is unbuildable without approval of a
variance from Mason County. There would be greater impacts from construction of a .home on the
northerly side of the road due to the extremely steep slopes, 25-foot setback and landslide hazard
designation. Given the recent landslide in Oso, Washington, it doesn't make sense to consider building
on this side of the road when there is an alternative that will have less impact.
Criteria 2: That the hardship which serves as a basis for the granting of the variance is /I
specifically related to the property of the applicant, and is the result of unique conditions such r 1 J
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
2
ar that the
d physical
As shown on the attached exhibits and described Labove,
and theeappl cation of ountyeregul bons
constraints affecting Lot 39 are due entirely to natural features
and are not related to any actions of the applicant.
The natural topography and features of the lot are not due to actions of the applicant, nor is the
configuration of the lot which was platted with a long narrow configuration.
Lot 39 along
the
The county constructed North Shore Road close `a the left for shoreline,
ildingbisecting portion of Lot 39 with
The
adjoining lots such that there is a very limited are
location of this road was not due to actions of the applicant.
Based on the above, it is clear that the hardship in this case is not related to a deed restriction or the
applicants own actions.
Criteria 3: 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
See attached photos of adjoining properties and the attached aerial photo of the property and the
surrounding area. Virtually every lot in close proximity to Lot 39 along the shoreline has a house located
between the bulkhead and North Shore Road.
The immediately adjoining lots on both the north and south sides have houses on them, both of which
also are built within the existing right-of-way for North Shore Road. Mason County no longer permits
ding
d is even further
this practice of allowing a structure to be in the right-of-way so our e of the existing flat building b 1p d upato the edge of the
constrained,which requires that we make full u
bulkhead.
There are numerous houses located on neighboring lots further north and south of the subject property
that have similar constraints,all of which would require similar variances if they were new structures.
_ This portion of Lot 39 is already graded to be flat behind the bulkhead and has concrete stairs through
the bulkhead as well as up to North Shore Road. Placing a single family home on this portion of Lot 39
will not have any adverse impact on either adjoining property. r
The existing house located to the south on Lot 40 is more than 10 feet from the common p willperty V/
If a house is built on Lot 39 as shown to be flush with this common boundary, the structures
maintain the minimum separation of 10 feet. The house on Lot 38 to the north is located only a few
feet from the common property line which is why we want to create the building envelope that is close
to the south line and farther from the north line.
The other consideration is the existing bulkhead. The applicant is not proposing any construction below
the DHWM or beyond this existing bulkhead. The balance of this portion of Lot 39 has already been
3
converted to urban use through historical activities before the applicant acquired the property. The
proposal seeks to continue, but not.expand, the limits of such conversion, thereby minimizing new
impacts.
In addition to the above considerations,the applicant retained Soundview Consultants LLC to prepare a
comprehensive "Habitat Management Plan". This plan is included with this submittal. This study meets
the criteria outlined in the Mason County Code and confirms that the subject proposal should have no
adverse impacts to Fish or Wildlife Habitat.
Criteria 4: 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
As noted above and as illustrated on the attached photo records and aerial map, the granting of these
variances are not a grant of special privilege. On the contrary,the vast majority of lots north and south
of the subject property enjoy similar or even greater privileges. It is clear that a majority of the
property owners along North Shore Road have elected to construct a home on the "water side" of the
road and have often encroached into the existing right-of-way, and in some cases have extended
structures over the bulkhead and beyond the OHWM.
The request is for the minimum necessary to afford relief to the applicant.. Ideally the applicant would
be allowed the same rights as other owners have had to build partially within the existing right-of-way.
With that option no longer allowed by Mason County, the applicant is left with no choice but to
maximize the use of the remaining"urbanized" portion of the lot.
Mason County Code section 17.01.150(E) defines the "minimum reasonable use for a residence" on a lot
in a residentially zoned area. The minimum is 40 percetn of the area of the lot OR 2,550 square feet,
whichever is less.
The total area in this portion of Lot 39 is 1,540 square feet which represents less than 4 percent of the
total lot area. Even if this entire portion of Lot 39 was covered with a structure it would still fall well
below both of these thresholds.
Even if these variances are approved it will be difficult to design and construct a small house on this
footprint but at least this gives the applicant some flexibility. Anything less than this will unreasonably
impact the applicant.
Criteria 5: That the public interest will suffer no substantial detrimental effect
4
As noted above,this portion of Lot 39 is already"urbanized" and has been developed to a limited extent
in the past. The lot is easily accessible from North Shore Road and will involve minimal clearing and
virtually no grading. The flat pad is ready for construction of a standard foundation right up to the
existing bulkhead. No work beyond the OHWM is proposed.
The variance will also allow for a house to be fully constructed on the subject property beyond the
existing right-of-way line,thereby avoiding any private improvements in the public right-of-way.
The construc
tion of a home in this location and within the reduced setbacks as proposed will be
consistent with adjoining and nearby properties that enjoy similar benefits.
Based on the above,the public interest will suffer no substantial detrimental effect.
Criteria 6: 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
Lot.39 of the plat of Cady's Sunrise Beach is a highly constrained legal parcel bisected by North Shore
Road. The only physically feasible building area is located on an existing flat pad located between the
existing concrete seawall/bulkhead and the existing county road. The portion of the lot located
northerly of North Shore Road has been determined to be unbuildable due to geotechnical, wetland,
and steep slope constraints.
The Habitat Management Plan prepared by Soundview Consultants LLC confirms the proposal will have
no adverse impact on the natural environment or Fish and Wildlife Habitat.
There are no other reasonable uses of the land for the owner, and no other option that would produce
less of an impact. In fact, any other option would likely result in greater impacts. This application is not
for the purpose of maintaining land value. It is about allowing for the reasonable use of the property as
a single family building lot on that portion that has previously been"urbanized".
3
Shoreline Management Act
Permit Data Sheet and Transmittal Letter to WA DOE
FROM: TO:
Mason County Planning WA Department of Ecology
1 9- 5 f SW Regional office
Shelton, WA 98584 ATTN: Shoreline Permit Reviewer
P.O. Box 47775
Olympia, WA 98504
Submittal Date: 1Z ZZ t T Date Received by GA:
TYPE OF PERMIT: (indicate all that apply) 5qR_7'0 N-t " D00I'T
Substantial Development Variance ❑ Other:
❑ Conditional Use ❑ Revision
LOCAL GOVERNMENT DECISION:
❑ Approval Conditional Approval � ❑ Denial
Planner Name: At t � �jU( Phone: ✓C. qn C(67D 365
Notice of Application Date: 10 ' Final Decision Date: i I
APPLICANT1/ Nvjq,f REPRESENTATIVE (if primary contact):
Name: dh P" IkNa 54W Name: TA h"Q'ZIA
Mailing Address: Mailing Address: &UM
l 8 21 S 72 Aye. • , 1 ,k4-VA 0I37,
Phone: (42.,Y) Z5-1 !6L21,
Email: Email: -�"CXM H � �GU'9hau,5eK - &o,
PROPERTY OWNER: Osame as Applicant ❑ Other:
PROPERTY LOCATION: (Section, Township, and Range to the nearest '/4 Y4 Section; Latitude and Longitude;
and a street address where available)
�OC22 1J� S�v l � �G' IAJ� ; lV 'l�F S� ? ; `fin 2Z0
g
2'7'4-.5° `oco 2,Lf
Tax Parcel Number: � f S7! �Ot34, Shoreline Designation:
Waterbody: Shoreline of Statewide Significance? Z*�Yes ❑ No
PROJECT DESCRIPTION: 4 ar h"
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