HomeMy WebLinkAboutDDR2006-00339 Hearing - DDR Letters / Memos - 2/8/2007 02/08/2007 15:19 FAX 206 4470215 16002
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A T T O k N E Y S AT LAW
N. Kay Richards
206.447.2231
February 8, 2007
Charles Mead McCoy III
Mason County Planning Department
P.O. Box 279
Shelton,WA 98584
Re: Findings of Fact, Conclusions of Law and Final Decision
James E- Scott -DDR2006-00399
Dear Mr. McCoy:
At the request of Phil Olbrechts, enclosed is the executed original of the above-referenced
document which I am faxing to you today.
Sincerely,
OGDEN MURPI4Y WALLACE,P.L.L.C.
N. Kay Richards,Legal Assistant to
PhiJ A. Olbrechts
/nkr
Enclosure
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1601 Fifth Avenue, Suite 2100 - SeoNe,WA 98101-1686 - 7,06.d47.7000 Fax: 206.4A7.0215 • Web:www.omwlow.com
1 PA0652242.DOC;1/13009.9uu000/)
02/08/2007 15:19 FAX 206 4470215 Z 003
1
BEFORE THE DARING EXAMINER FOR MASON COUNTY
2 Phil Olbrechts,Dearing Examiner
3
RE. James E. Scott
4 FINDINGS OF FACT, CONCLUSIONS
5 Special Use Permit OF LAW AND FINAL DECISION
#DDR2006-00399
6
7 INTRODUCTION
8 �
The applicant has applied for a special use permit for an accessory dwelling unit.The
9 Examiner approves the application.
10
ORAL TESTIMONY
11
12 C. McCoy III introduced his staff report and exhibits into the record and answered
questions from the Hearing Examiner.
13
EXHIBITS
14
15 See"Exhibits" attached to the January 11, 2007, staff report.
16 FINDINGS OF FACT
17 Procedural:
18
1. AyAlicant. The applicant is James E. Scott.
19
2. II arinZ. The Hearing Examiner conducted a hearing on the application
20 on January 1.1, 2007, 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 palace a
24 manufactured home as an accessory dwelling unit ("ADU"). The primary residence
on site is approximately 1152 square feet. The size of the proposed ADU is 402
25 square feet (less than 1,000 square feet and 80% of the size of the primary residence).
The distance between the proposed ADU and the primary residence is 140 feet. The
lot is approximately 5 acres and is located at 31 NE Little Valley Lane, Tahuya. The
ADU Special Use Permit P. 1 Findings, Conclusions and Decision
[V Eob51747.DOC,1/1 3009.090000t900000
02/08/2007 15:20 FAX 206 4470215 U 004
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parcel is partially wooded with native vegetation. A well and septic system Are on
1 site. The site is not significantly sloped(<15%).
2 4. Characteristics of the Area. The land use pattern in the area is primarily
3 single family residences_ The site is located in an area zoned as In-Holding Lands.
4 5. Adverse Zm acts of Pro osed Use. The staff concludes in its report that
p
that there does not appear to be an
impact on surrounding properties for services,
5 parking, or public utilities. The surrounding lots are residential, thus an addition of
6 an ADU should not adverse impact their current use (especially because of the size of
the subject lot). The increase in density of a relatively large lot (five acres) does not
7 appear to create significant adverse impacts on the residential use of adjoining lots.
The nearest adjoining home is more than 200 feet away from the proposed ADU an
8 buffered by trees on the subject property- The area is characterized by large lots and
timber holding areas, so the added density will have no cognizable adverse act_im p
9
10 CONCLUSIONS OF LAW
11 Procedural:
12 1. Authority of Hearing Examiner_ MCC 15.03.050(J) provides the
13
Examiner with the authority to review and act upon
on specialecial use
permit aPP
lications_
14 Substantive:
15 2- ZoningDesignation. The area is designated as In-Holding Lands in the
16 Mason County Zoning Code.
17 3. Review Criteria and Application. MCC 1.03.029, which governs
accessory dwelling units in rural lands, provides that such accessory dwelling units
18 are subject to a special use permit. The review criteria for a special use permit
19 application are governed by MCC 1.05.044, which are laid out below with applicable
conclusions of law.
20
MCC 1.05.044(A): That the proposed use will not be detrimental to public health,
21 safety and welfare.
22 4. As discussed in the Findings of Fact, no potential detrimental effect has
23 been identified by the staff or the applicant. The residence will be served by a private
on-site septic system and well. Staff concluded that the proposed project would not
24 impact surrounding properties for services,parking, or public utilities. The placement
of the proposed ADU meets all county setbacks. Off street parking will be provided.
25
MCC 1.05.044(S): That the proposed use is consistent and compatible with the
intent of the comprehensive plan.
ADU Special Use Permit P. 2 Findings, Conclusions and Decision
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5. As indicated by staff, there does not appear to be any conflict with the
iv the compatibility of the use with adjoining uses, the
and en p Y
l comprehensive plan, given
2 proposal is consistent with the general intent of Ae comprehensive
om remember plall In-Holding
-H dine
Lands zoning allows one ADU per p Y
3 proposed ADU.
4 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 aalracent
5 properties in the community at large.
6 6. As indicated in hearing testimony from the staff, hazardous conditions are
7 not expected as a result of the proposal.
8 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 identifier) item in
9 the County's Capital Facilities Plan-
10 7 As indicated in the staff report, public facilities that are now in place are
11 currently adequate to serve the proposed ADU. In addition, the ADU will be served
by an on-site septic system and well, which should be adequate_
12
MCC 1.05.044(E): That the proposed use will not have a significant impact upon
13 existing uses on adjacent lands.
14 8 As indicated in the Findings of Fact, the proposed ADU is for a lot five
15 acres in size. Surrounding lots are residential and vacant lands of comparable size.
Given the size of the subject and adjoining lots, it does not appear that the increase in
16 intensity and density created by the proposed ADU will have a significant impact on
17 existing uses on adjacent lands.
18 MCC 1.05.044(F): If located outside the urban growth area, that the proposed use
will not result in the need to extend the urban services.
19
9. As indicated in the staff report, the proposed ADU will not be located
20 within an Urban Growth Area. 'There is no need to extend any urban services.
21
22 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review
proposed development according to the following criteria:
23
1. The development does not conflict with the Comprehensive Plan and meets
24 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16.
25 2. Development does not impact the public health, safety and welfare and is
in the public interest.
ADU Special Use Permit p. 3 Findings, Conclusions and Decision
{vE0651747.DOC;1/13009.090000/9000001
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3. Development does not lower the level of service of transportation andlor
1 neighborhood park facilities below the minimum standards established within the
2 Comprehensive Plan.
3 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
4 transportation or park facilities. As noted previously, there is no discernable impact
on public health, safety and welfare_ Given that the project promotes affolydable
5 housing,it is in the public interest-
6 DECISION
7
The Hearing Examiner approves the requested Special Use Permit as recornmLende
8 by staff.
9 Dated this y of February, 2007.
10
11
12
Phil A. Olbrechts
13 Mason County Hearing Examiner
14
15
16
17
18
19
20
21
22
23
24
25
ADU Special Use Permit p. 4 Findings, Conclusions and Decision
{vP.0651747.noc:1/i 3ooy.o90000/900000}
R E .,
WVDIN FEB 1 ? 2007
PY� HY 1AASON W. DEPT.
ALt ACE
P.
A T T O R N E Y S A T L A W
N. Kay Richards
206.447.2231
February 8, 2007
Charles Mead McCoy III
Mason County Planning Department
P.O. Box 279
Shelton, WA 98584
Re: Findings of Fact, Conclusions of Law and Final Decision
James E. Scott-DDR2006-00399
Dear Mr. McCoy:
At the request of Phil Olbrechts, enclosed is the executed original of the above-referenced
document which I am faxing to you today.
Sincerely,
OGDEN MURPHY WALLACE, P.L.L.C.
N. Kay Richards, Legal Assistant to
Phil A. Olbrechts
/nkr
Enclosure
Established 1902
A Member of the International Lawyers Network with independent member law firms worldwide
1601 Fifth Avenue, Suite 2100 • Seattle,WA 98101-1686 • 206,4477000 • Fax: 206.4470215 • Web: www.omwlaw.com
{PA0652242.DOC;1/13009.900000/}
CASE INDEX
James E. Scott
DDR2006-00339
Index# Date Description
1 January 11, 2007 Exhibit 1: Staff Report
2 October 12, 2006 Attachment 1: Application for Special Use
3 October 12 2006 Attachment 2: Site Plot Plan
Attachment 3: Notice of Application for a Special Use
Permit
5 October 12, 2006 Attachment 4: Questions answered by applicant
Mason County
Department of Planning
Building I * 411 N. 5th Street * P.O. Box 279
Shelton, Washington 98584 * (360) 427-9670
January 11, 2007
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(DDR2006-00339)for placement of an Accessory Dwelling Unit.
STAFF REPORT
Introduction. This report evaluates a proposal to place a second dwelling(i.e. an Accessory
Dwelling Unit). The proposed dwelling would be approximately 11.5' X 35' equaling 402 square
feet. The existing primary, single-family residence is approximately a total square footage of
1,152 (i.e. 28' X 56'). Staff recommends approval of the Special Use Permit.
Applicant. James E. Scott
Property Location. 31 NE Little Valley Lane, Tahuya,WA 98588, Parcel#22329-75-00150.
Project Description. The proposal is to place a manufactured home as a second dwelling on the
parcel as an Accessory Dwelling Unit of approximately 402 square feet. The distance between
the existing primary residence and the proposed Accessory Dwelling Unit is approximately 140
feet(please see Attachment 2).
Evaluations.
Characteristics of the site. The lot is approximately 5 acres in area, and the existing single-
family residence meets all required setback distances as stated in Mason County's Development
Regulations. The parcel is partially wooded with native vegetation. A well and an existing
septic system are on site. Please see site plan (Attachment 2). The site is not significantly sloped
(i.e. <15%).
Characteristics of the area. The land use pattern in the area is primarily single-family residences.
The site is located in an area zoned as In-Holding Lands.
Shoreline Designation. Not Applicable.
Comprehensive Plan Designation/Zo- ninQ. The Mason County Comprehensive Plan designation
for the site is Rural and the zoning is In-Holding Lands.
SEPA Compliance. Project is SEPA exempt per WAC 197-11-800 (1)(b)(1).
Other Permits/Approvals. A Notice of Application and Public Hearing(Attachments 3)was
posted in the Mason County Journal. Notice was posted on site and at the Tahuya Post Office.
Analysis. This proposal requires a Special Use Permit due to the requirements of the Mason
County Development Regulations; dated September 27, 2006, section 1.03.029 (Attachment 1).
The parcel currently contains a primary residence that is approximately 1,152 square feet, a
single-party well 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.
Applicable Special Use review criteria: See the applicant's answers to these criteria
(Attachment 4).
Will the proposed use be detrimental to the public health, safety and welfare?
Staff Response: The construction of the proposed dwelling 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 S zoning does allow for one accessory dwelling unit per parcel. A family
member will occupy the proposed ADU.
Will the proposed use introduce hazardous conditions at the site that cannot be mitigated through
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 AD U.
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 ADU.
If located outside an Urban Growth Area, will the proposal result in the need to extend urban
services?
Staff Response: The proposed dwelling will not be located within an Urban Growth Area. 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.
MASON COUNTY AFC,
DEPARTMENT OF COMMUNITY DEVELOPMENTOO ,F
40
APPLICATION FOR SPECIAL USE
06
A Special Use is one that possesses unique characteristics due to size, nature, intensity of uk-,
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 cJRnneS 50 Telephone # ( L4M 277 907Z
Mailing address :3 ( 3 r^ I.,0 t'l.,
Site address
Tax Parcel# C)
Legal Description
Type of Special Use Permit: Communications Tower
Accessory Dwelling Unit ,4
Oversize Construction
Other
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\SPECIALUSE.PER REVISED:4/27/05
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.
❑ 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.
l
Applicant(s) signature
Special Use Permi i $920.00 Hearings Examiner:Ei2eptance
Applicant will also be�illed for all advertising c of this application,by Mason County does not guarantee
approval.
1:\PLANNING\C&RPAC\S PECIALUS E.PER REVISED:04/27/05
Notice of Application for A Special Use Permit required
under Mason County Development Regulations and
Notice of Public Hearing
Notice is hereby given that James E. Scott, 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 402 square feet. The primary residence that
already exists on the parcel is approximately 1152 square feet. The property
location is at 31 NE Little Valley Lane, Tahuya 98588. Parcel No. 22329-75-
00150.
Date of complete application: October 12, 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, January 23, 2007 at 1:00 p.m. in the County
Commissioners Chambers, Bldg. I, 411 N. 5th 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.
HAADU-Special use Permit\ADU public notice.doc.ram
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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 James E.
Scott, who is the applicant for the following
proposal, has filed an application for a Spe—
cial Use Permit.
The request for a Special Use Permit as on oath deposes and says that she is the clerk
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 402 square feet.The primary
residence that already exists on the parcel is the English language continuously as a weekly newspaper in SHELTON,Mason
approximately 1152 square feet. The prop- County, Washington,and it is now and during all of said time was printed in an
erty location is at 31 NE Little Valley Lane, office maintained at the aforesaid place of publication of said newspaper. That
Tahuya 98588.Parcel No.22329-75-00150. the said SHELTON-MASON COUNTY JOURNAL was on the 9th day of
Date of complete application:October 12, August, 1941, approved as a legal newspaper by the Superior Court of said
2006. Mason County.
The proposed development is reviewed
as a Special Use Permit under the Mason
County Development Regulations and Hear- That the annexed is a true copy of a Notice of Appl.for Special Use
ing Examiner approval.
A PUBLIC HEARING will be held by the Permit and Notice of Public Hearing—Accessory Dwelling
Mason County Hearing Examiner on the pro-
posed project on Tuesday,January 23, 2007 Unit—James E Scott
at 1:00 p.m. in the County Commissioners as it was published in regular issues and not in supplement form of said
Chambers, Bldg. I, 411 N. 5th Street, Shel-
ton,WA.
Please contact Charles Mead McCoy III newspaper once each week for a period of one
of the Mason County Department of Com- consecutive weeks,commencing on the
munity Development at (360) 427-9670, ext.
294,with any questions or comments on this 18th day of January ,20 07 and ending on the
development and Special Use Permit Appli-
cation. 18th day of January .20 07 both dates inclusive,
1/18 it and that such newspaper was regularly distributed to its subscribers during all of
the said period.That the full amount of the fee charged for the
foregoing publication is the sum of$ 36.00
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Subscribed and sworn to before me this 18th day of
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