HomeMy WebLinkAboutBridge Over Drainage/30' Walkway Easement. No Permit - BLD Letters / Memos - 8/26/1991 COMPLAINT NO.:
DATE RECEIVED: 8-26-91
RECEIVED BY: Nichols
MASON COUNTY
COMPLAINT INVESTIGATION REPORT
Location/Address: NE 1431 Collins Lake Drive Tahuya, WA 98588
Directions to Site: Southwest Collins Lake
Complainant: George Burrows Address: Phone: 275-3804
Notify of Response Yes X No
Agencies to be Contacted: WDOE WDOF WDW x _ USACOE
SQUAXIN SKOKOMISH DOT DNR
DETAILS OF COMPLAINT:
Bridge over drainage/30' walkway easement running between lots 10 and 15 of
Collins Lake.
No building permit
Walkway deeded from developer to Collins Lake Community Club.
Ken Smoak did the construction without permits.
Community Club wants it removed to avoid liability.
I understand that Smoak does not intend to remove the structure.
Ken Smoak: Phone no. 275-8087 (H)
377-2929 (W)
Have not been able to reach in regards to removal as of 1 -9,92.
INVESTIGATION
Investigated by: Date of Investigation:
Details:
ACTION TAKEN
A, STgTEO
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o P A U DEPARTMENT OF COMMUNITY DEVELOPMENT
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J N Y goy Planning - Landfill - Utilities
1864
January 7, 1992
Kenneth Smoak (phone no. 275-8087)
NE 1431 Collins Lake Drive
Tahuya, WA 98588
Subject : Bridge construction. Collins Lake Div. 2 , Lots 10/15 .
Dear Mr. Smoak:
o e
•
on
( . . . the lawful owners of the property on which you
constructed the bridge) to accept the bridge constructions and
sign the owner' s affidavit as a part of
obtaining the required Mason County Building Permit then the
j-� bridge structure would have to be removed.
After our last phone conversation, it was your intention to gait
approval from the community club. L-dkhave not heard back on
your progress andWk have been unsuccessful in trying to reach you
by phone.
Further we have heard from the community club and it is our
understanding that they wish for the structure to be removed Cep
Gv�ti���ic;u
Based on this information, it would seem that you do not have
support for maintaining the current structure from the rightful
owners of the property. Therefore, the structure is/and will
remain unperm�itt�ed and illegal unless it is removed.
We request that you remove he bridge structure by February 10,
1992 .
If cooperation should break down ill no longer be
able to hold the file and arced to turn the case over to
the prosecuting attorney or furt er/act i n.
r.
•/�� �ate' Ce,e,Q�;id ,,,(�� ,� u��uu
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Gary Yando,Director of Community Development • Erik Fairchild,Planning Director
Mason County Bldg. III • 426 W. Cedar • P. O. Box 578 • Shelton,WA 98584 9 (206) 427-9670
Pa 2
Page
Smoak.
If you have any questions regarding the information provided;
please feel free to contact this office at 427-9670 .
Sincerely,
Steve Nichols, Shoreline Planner
Department of Community Development
cc : Stephan Kalinowski, WDF
George Burrows, Collins Lake Community Club
MASON COUNTY
DEPARTMENT of GENERAL SERVICES
Mason County Bldg. III 426 W.Cedar
P.O. Box 186 Shelton, Washington 98584
(206) 427-9670
building environmental health fire marshall parks & recreation fair/convention center planning
September 24, 1991
Kenneth Smoak (phone no. 275-8087)
NE 1431 Collins Lake Drive
Tahuya, WA 98588
Subject : Bridge construction. Collins Lake Div. 2 , Lots 47*`15 .
l(
Dear Mr. Smoak:
After a site inspection of the above property, I checked our
records for applicable permits for the new bridge construction.
None were found.
Construction or work near the wetted perimeter of a lake without a
Hydraulic Project Approval from the Department of Wildlife is a
violation of the Hydraulic Code (RCW 75 .20 . 100 and 75 .20 . 103) .
This matter will be turned over to Stephan Kalinowski of the
Department of Wildlife .
Mason County requires at a minimum that construction of bridges
have a building permit, as well as go through the SEPA review
process .
No further work shall be done on the property. You will need to
contact myself within five days of receipt of this letter. The
following will be discussed at that time:
* An after-the-fact permit shall be pursued for the bridge
construction. This permit will include a Mason County
building permit and SEPA review-- .-------applicable forms are
enclosed) .
After erencing the Collins Lake Division 2 Plat Map, it was
r vealed that the structure crosses property secured by the Collins
ake Community. We will need a signed affidavit of a r onsible
representative for the Collins Lake Communit o consider
application for the building permit.
_
As soon as cooperation breaks down then the case will be turned
over to the prosecuting attorney' s office.
If you have any questions regarding the information provided;
please feel free o contact this office at 427-9670 .
Sincerely,
Steve Nic o shore ine planner
Department of General Services
CC : Stephan Kalinowski, WDF
COLLINS LAKE COMMUNITY CLUB, INC.
P.O. Box 602
Belfair, Washington 98528
20 December 1991 P E®
Mr. Ken Smoak
J A N 1 0 1992
N.E. 1431 Collins Lake Dr. MASON CO. PLANNING DEPT.
Tahuya, Wa. 98588
Dear Member
As you have otherwise been made aware, management of the Collins Lake Community Club
Corporation - of which you are a part by virtue of your Collins Lake property owner-
ship. . .is vested in a Board of elected Trustees. . .all your neighbors. Similarly,
you have been advised of adverse attitudes concerning your excavations at, and
bridge-building over, community-common property identified as "Walkway" at the west
end of Collins Lake, part of which lies between your lots 10 and 15 of Division 2.
Since you failed to attend the Board meeting of 26 October last - to which you were
invited so that we might properly discuss the matter - the Trustees met on the
subject twice thereafter (on 23 November and 7 December) .
The Board has thereby determined to initiate corrective action, as stated below, by
reason of concern for future possible liabilities that can occur, dismay over flag-
rant trespass and violation of covenants/easements, and lack of permit/variance
coordination.
This governing body therefore directs that you restore the walkway to the condition
it was in before your disturbing activity. It is required that you respond as soon
as possible, but not later than 17 January 1992, with your plan and schedule for
resolving this matter. Lack of such reply will result in referral to our attorney
for formal litigation proceedings.
George (Jack) Burrows
President,
Collins Lake Community Club
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MASON COUNTY
427-9670 BUILDING DEPARTMENT N-0 1540
ALL PERSONS ARE HEREBY ORDERED TO AT ONCE
STOP WORK
On these Premises at .....
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This order is issued because ...... ....... ............G
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Posted ..... .........�-.p...... 19...9-1........ By.S
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IL The failure to stop work, the resuming of work without permission from the
Building Official, or the removal, mutilation, destruction or concealment of
'G this Notice is punishable by fine and imprisonment.
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PS Form 3811, October 1990 *U.S.GPO:1990-273-Ni DOMESTIC RETURN RECEIPT
United States Postal Service I
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Official Business
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i REMV;0
SEP 2 7 1991 PENALTY FOR PRIVATE
USE, $300
MASON CO. ;_f.;;�;;�(; IP►_h)t your name, address and ZIP Code here
MASON COUNTY
Department of General Services
P. 0, Box 186
SHEL ON, WASHINGTON 9859A