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Home My WebLink AboutUnpermitted New Decks and Retaining Walls Waterward of Common Line - BLD Letters / Memos - 12/31/2007 �6oN co 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 cf a ss L_/elcl s-wi-S November 28, 2005 Donny& Sherry Bocksch Bocksch Living Trust 5249 Deerfield Park Ct. NE Olympia, WA 98516-2131 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER: ENF2005-00323 PARCELNUMBER: 22107-50-00046 SITE ADDRESS: 1290 E. Mason Lake Dr. South TAX ASSESSOR RECORD INFORMATION: Washington Mutual F.A. Tax Dept. 9451 Corbin Ave. Northridge, CA 91324-2400 Dear Mr. and Mrs. Bocksch, On November 17, 2005, I inspected the property at 1290 E. Mason Lake Drive South in Grapeview, WA. The purpose of the investigation was to observe a reported violation of the Mason County Resource Ordinance, Shoreline Master Program, and 2003 International Residential Building Code. During my site inspection, I observed a large amount of activity that has occurred since the Site Pre-Inspection was performed in April 2004 and absent of any permit approval(SPI2004-00073). The Mason County Resource Ordinance and Shoreline Master Program designate a protected buffer on the shorelines of Mason County. To determine the buffer area, you would draw an imaginary line from the house on the right of your cabin to a point 100' from the water on the vacant property to the left of your cabin. Waterward of this line, no structures can be greater than 30" in height under the Shoreline Master Program. Under the Mason County Resource Ordinance, any placement of structures (regardless of height), grading, filling, etc. require a Mason Environmental Permit. In the April 2004 Site Pre-Inspection write-up, Planner Scott Longanecker outlined all of the specific permit requirements that you would need to proceed forward with your project. No such permits were obtained, and work proceeded without authority. Because these permits are now necessary in an "after-the-fact" capacity, there are not only additional permits that are now needed,but the permits are subject to a triple-fee penalty. The permits that you will need to submit to try to keep all of the walls, patios, and fill are as follows: • Building Permit for demolition and reconstruction of the deck (subject to after-the-fact fees, permit cost based on project specifications) • Building Permit for construction of retaining walls greater than 4' in height (subject to after-the-fact fees,permit cost based on project specifications) • Mason Environmental Permit Variance (with after-the-fact fees $1,225 x 3 = $3,675) • Habitat Management Plan ($360 fee) • Shoreline Variance/Substantial Devefopmenf/Conditional Use Permit (with after-the- fact fees $920 x 3 = $2,760) • Hearing Examiner Fee for Shoreline Variance ($490 fee) • SEPA Checklist($305 fee) • JARPA I have included the applicable sections of the Mason County Resource Ordinance and Shoreline Master Program for you to reference while completing the compliance requirements. If you have questions regarding the compliance requirements, 1 Y q g ease contact me at 360 g p q , P ( ) 427-9670 ext 602. If you have questions regarding permit submittal or fees, please contact the Permit Assistance Center at ext. 281. 1 anticipate receiving the required documents by December 30, 2005. Thank you for anticipated cooperation. 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'; �� e ',� ��, � � a.� ,_ ,. � � � 3' �_ � n.�, �,.. j" �"; �` / a �.: ,�.�,..... �;. �, s h, Pg0N c0Q� 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 f854 NOTICE OF HEARING YOU ARE REQUIRED TO BE PRESENT AUGUST 14, 2006 AT 11:00 AM MASON COUNTY BUILDING ONE,COMMISSIONERS' CHAMBERS 411 N. 5TH SHELTON,WA 98584 July 31, 2006 OV ZC0 (Q - OCO 2,3 Donny and Sherry Bocksch 10923 Tilley Rd. S. Olympia, WA 98512 NOTICE OF CIVIL VIOLATION Tax Parcel Number 22107-50-00046 Mr. and Mrs. Bocksch, This letter serves as a Notice of Civil Violation in accordance with section 15.13.035 of the Mason County Development Code. Mason County may recommend a fine of up to one thousand dollars ($1000.00)per violation based upon the violations listed below. You are in violation of Mason County Code, Title 14 Buildings and Construction You are in violation of Mason County Code, Title 17 Development Code Copies of the referenced regulations are enclosed in this mailing, and additional copies are available from the Mason County Planning Department. Citations are to text"as adopted." Mason County alleges that the following activities took place in Mason County, as follows: COUNT (1) On or about November 17, 2005, construction of a block shoreline bulkhead occurred on parcel number 22107-50-00046. The non-permitted construction occurred on a parcel owned, used, controlled, maintained, or possessed by Donny and Sherry Bocksch., in violation of the Mason County Code, Title 14, to wit: Construction of a bulkhead without the required building permit constitutes a violation of Mason County Code, Title 14, Building and Construction Code, Section 14.08.030 Permits Required, Subsection (1). "Permits shall also be required for seawalls, bulkheads, or other similar structures, regardless of type of construction, including, but not limited to, rock, rip rap, pilings, wood and concrete block" (part). COUNT (2) On or about November 17, 2005, construction of a block shoreline bulkhead occurred on parcel number 22107-50-00046 without the required environmental permits. The non-permitted construction occurred on a parcel owned, used, controlled, maintained, or possessed by Donny and Sherry Bocksch., in violation of the Mason County Development Code section 15.13.020, to wit: Construction of a bulkhead without the required environmental permit constitutes a violation of Mason County Shoreline Master Program Chapter 17.50, Section 17.50.060 Bulkheads Use Regulation #8,: "When an existing bulkhead is being repaired, construction shall occur no further waterward of the existing bulkhead than is necessary for construction of the new footing. Replacement of a failed bulkhead shall be permitted in the same location as the original bulkhead, if such replacement is commenced within five years of failure. The burden of proof of location of the original bulkhead shall be on the applicant." This section of the Shoreline Master Program also states in the Exemption section that the Shoreline Management Act exempts the construction of a normal protective bulkhead common to single-family residences from the Substantial Development Permit requirement, resulting in the need for the Shoreline Exemption Permit. COUNT (3) On or about November 17, 2005, an upland block retaining wall consisting of heights in excess of 4' and supporting a surcharge which exceeds the permit exempted criteria had been constructed without required building permits on parcel number 22107-50-00046 which is owned, used, controlled, maintained or possessed by Donny and Sherry Bocksch, in violation of the Mason County Development Code, Section 15.13.020 to wit; Construction of an upland retaining wall in excess of 4' and supporting a surcharge without the required building permits is a violation of the Mason County Code, Title 14, Building and Construction Code and the 2003 International Residential Code (IRC) Section, R105.1 Permits Required and IRC Section R105.2 Work exempt from permit: "Permits shall not be required for the following" (part): Subsection (3): "Retaining walls that are not over 4 feet (1219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting'a surcharge." The wall as constructed exceeds the permit exemption criteria and therefore, a permit is required. COUNT (4) On or about November 17, 2005, several upland block retaining walls consisting of heights in excess of 4' were constructed and placed waterward of the common line on parcel number 22107-50-00046 without the required environmental permits. The non-permitted walls are located on a parcel owned, used, controlled, maintained, or possessed by Donny and Sherry Bocksch, in violation of Mason County Development Code section 15.13.020,to wit: Construction of walls waterward of the designated common line is a violation of the Mason County Resource Ordinance section 17.01.110.G.1.c Fish and Wildlife Habitat Conservation Areas, Development and Activities Requiring a Mason Environmental Permit in FWHCAs or Their Buffers, section Lc: "New residential construction and major new development is not permitted within FWHCA or its buffer, except for the activities listed in this subsection G, or as approved through a variance or reasonable use exception as provided in subsection K." The method for determining the common line on waterfront lots that defines the buffers and setbacks is described in the Mason County Resource Ordinance section 17.01.110.1) Fish and Wildlife Habitat Conservation Areas, Establishment of Buffers. COUNT (5) On or about November 17, 2005, several upland block retaining walls consisting of heights in excess of 4' were constructed and placed waterward of the common line on parcel number 22107-50-00046 without the required environmental permits. The non-permitted walls are located on a parcel owned, used, controlled, maintained, or possessed by Donny and Sherry Bocksch, in violation of Mason County Development Code section 15.13.020, to wit: Construction of walls waterward of the designated common line is a violation of the Mason County Shoreline Master Program Chapter 17.50, section 17.50.060 Residential Development Use Regulations #8, : "In order to preserve aesthetic characteristics, no fence or wall shall be erected, placed or altered nearer to the water than the building setback line, unless it is under 30 inches in height." Use Regulation #9 describes the Setback Requirements under the Shoreline Master Program. COUNT (6) On or about November 17, 2005, construction of a non-permitted second story deck occurred without required building permits on parcel number 22107-50-00046. The non-permitted construction occurred on a parcel owned, used, controlled, maintained, or possessed by Donny and Sherry Bocksch , in violation of the Mason County Development Code, Section 15.13.020 to wit; Construction of deck without a valid building permit is a violation of the Mason County Code, Title 14, Building and Construction Code and 2003 International Residential Code (IRC) Section R105,.1 Permits Required: "Any owner or authorized agent who intends to construct, enlarge, alter, repair,move, demolish, or change the occupancy of a building or structure or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical or plumbing system the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit" . IRC, Section R113.1 Unlawful acts. "It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code" COUNT (7) On or about November 17, 2005, a deck projecting from the waterward face of the primary residential unit was demolished and reconstructed in a different footprint than what was previously existing and waterward of the common line on parcel number 22107-50-00046 without the required environmental permits. The non-permitted deck is located on a parcel owned, used, controlled, maintained, or possessed by Donny and Sherry Bocksch, in violation of Mason County Development Code section 15.13.020, to wit: Demolition and reconstruction of the deck in a modified footprint waterward of the designated common line is a violation of the Mason County Resource Ordinance section 17.01.110.G.1.c Fish and Wildlife Habitat Conservation Areas, Development and Activities Requiring a Mason Environmental Permit in FWHCAs or Their Buffers, section Lc: "New residential construction and major new development is not permitted within FWHCA or its buffer, except for the activities listed in this subsection G, or as approved through a variance or reasonable use exception as provided in subsection K." The method for determining the common line on waterfront lots that defines the J buffers and setbacks is described in the Mason County Resource Ordinance section 17.01.110.13 Fish and Wildlife Habitat Conservation Areas, Establishment of Buffers. COUNT (8) On or about November 17, 2005, a deck projecting from the waterward face of the primary residential unit was demolished and reconstructed in a different footprint than what was previously existing and waterward of the common line on parcel number 22107-50-00046 without the required environmental permits. The non-permitted deck is located on a parcel owned, used, controlled, maintained, or possessed by Donny and Sherry Bocksch, in violation of Mason County Development Code section 15.13.020, to wit: Demolition and reconstruction of the deck in a modified footprint waterward of the designated common line is a violation of the Mason County Shoreline Master Program Chapter 17.50, section 17.50.060 Residential Development Use Regulation #8, : "In order to preserve aesthetic characteristics, no fence or wall shall be erected, placed or altered nearer to the water than the building setback line, unless it is under 30 inches in height." Use Regulation #9 describes the Setback Requirements under the Shoreline Master Program. These alleged violations of the Mason County Code as identified in Counts 1-8 listed above are evidenced in the photograph included as Attachment 1. (1) This Notice is directed to Donny and Sherry Bocksch at the mailing address noted above. (2) The violations are located on tax parcel number 22107-50-00046 in Mason County, Washington. The violations of County regulations cited as COUNTS 1 through 8 above are the result of the non-permitted construction of a deck and retaining walls in the FWHCA and buffer and the non- permitted reconstruction of a shoreline bulkhead, as detailed in the COUNTS. (3) This Notice is effective immediately upon posting at the site and/or receipt by the person(s) to whom it is directed. (4) Any non-compliance with Mason County Code Title 7, Mason County Code Title 8, Mason County Code Title 15, Mason County Code Title 17, and any other applicable regulations must immediately cease. (5) This Notice shall serve as a "Stop Work" Order until the violation is corrected and/or remediated as specified under number(6). (6) You must immediately comply with the requirements outlined in the letter dated April 12, 2006 (copy attached as Attachment 2). (7) Failure to comply with the requirements listed above may result in further enforcement actions, including civil fines and criminal penalties. The County is authorized to recommend a $1,000 fine for each violation. Each separate day, event, action or occurrence shall constitute a separate violation. In this case, the County will recommend a $8,000 fine with compliance conditions if this matter proceeds to a hearing. In addition, you may be found responsible for costs incurred by the County if this matter proceeds to a hearing. (8) HEARING DATE: Per section 15.13.045 of the Mason County Development Code, you are scheduled to appear before the Hearing Examiner as noted below. The hearing will be canceled if the applicable Review Authority determines that the required corrective action has been completed or is on schedule for completion as set by the Review Authority. Required corrective action is detailed in number six, above. YOU ARE REQUIRED TO BE PRESENT AUGUST 14, 2006 AT 11:00 AM MASON COUNTY BUILDING ONE,COMMISSIONERS' CHAMBERS 411 N. 5TH SHELTON,WA 98584 Signed 2jjGtLJ Dated 7 3 Title/Authority T- 1a.�. C 6CU