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HomeMy WebLinkAboutSHR2022-00004 MEP2022-00003 Variance - SHR Application - 2/23/2022 RECEIVES E C E I V E D MASON COUNTY FEB 2 3 2022 COMMUNITY SERVICES but.im-i ..d Ae,!W 615 W. Alder Street 615 W.Alder St.—Bldg.8,Shelton,Wa 98584 Phone:(360)427-9670 ext.352♦ Fax:(360)427-7798 PERMIT NO.: 54e 202Z-vtxD L4 SHORELINE PERMIT APPLICATION SHORELINE PERMITS CONDITIONAL USE* SUBSTANTIAL DEVELOPMENT VARIANCE* \ 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 $7,047.00 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 may further describe the proposed development. Incomplete applications will be returned. *Shoreline Variances and Conditional uses require public hearings and have additional pages that shall be attached to this application. APPLICANT: Andre Rowe ADDRESS: 7002 149'h Street East (street) Puyallup WA 98575 (city) (state) (zip) TELEPHONE: (509)294-6067 (home) (business) AUTHORIZED REPRESENTATIVE: Racheal Villa ADDRESS: 2907 Harborview Drive (street) Gig Harbor WA 98335 (city) (state) (zip) TELEPHONE: (253) 514-8952 PROPERTY DESCRIPTION: General location (include property address, water body and associated wetlands—identify the name of the shoreline): The parcel is located on Trails End Lake. The lot number is 20, and the parcel is across from 1280 East Trails End Drive, Belfair, WA. One wetland (Wetland A)and one stream (Stream Z)are located onsite. Rev. March 1, 2018 r Include all parcel numbers: Projects located in open water areas, away from land shall provide latitude/longitude. 22223-51-05020 OWNERSHIP: Contract Applicant X Owner Lessee Purchaser (Identify) Other Owner: 700L r PLkvCX(f� � JP 375 (street) (ci y) o (state) (zip) DEVELOPMENT DESCRIPTON: Development proposal (identify and describe the proposed project, including the type of materials to be used, construction methods, principle dimensions, and other pertinent information): The proposed project is to construct a 1,089-square-foot single family residence and associated infrastructure, including a driveway, water line, and septic system. Construction methods will be those typical for land clearing and residential construction. The parcel is currently entirely encumbered by one Category III wetland (Wetland A), one Type F stream (Stream Z), and the shoreline of Trails End Lake. The proposed single-family residence and associated infrastructure will be situated landward of the 115-foot shoreline setback for the Residential shoreline of Trails End Lake. However, the residence and associated infrastructure will necessarily require modifications of the standard wetland and stream buffers, requiring a reasonable use exception per MCC 8.52.190(K). The proposed reasonable use exception is to be processed as a shoreline variance per MMC 17.50.11.13.2(a)(v)(d). The proposed buffer modification is the minimum necessary to accommodate a single-family residential development on the subject property. The proposed buffer modification will result in 2,250 square feet of permanent buffer impacts onsite. The single-family residence will maintain a 15-foot building setback from the edge of Wetland A. The proposed buffer impacts will be offset through 12,990 square feet of buffer enhancement to remove non- native, invasive vegetation and replant native trees and shrubs. Approximately 2,690 square feet of temporary construction impacts will be restored. Existing Use (identify current use of property with exist improvements): The subject property is undeveloped. Reason for requesting development.- The subject property is currently undeveloped. A single-family residence is proposed for the site, consistent with other single-family residences around Trails End Lake. The applicant shall provide, at a minimum, the following information: a. SITE PLAN -drawn to scale and including: i. The boundary of the parcel(s)of land upon which the development is proposed; ii. The ordinary high water mark (OHWM). This may be an approximate location provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the OHWM the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the OHWM is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest OHWM of a shoreline; iii. Where appropriate, the proposed land contours using five-foot intervals in water area and ten-foot intervals on areas landward of OHWM, if development involves grading, cutting, filling, or other alteration of land contours; iv. The dimensions and location of existing structures which will be maintained; V. The dimensions and locations of proposed structures; parking and landscaping; vi. The location of proposed utilities, such as sewer, septic tanks and drain fields, water, gas and electricity; vii. The location, source, composition, and volume of fill material; viii. The location, composition and volume of any extracted materials, and proposed disposal area; b. CROSS SECTION,drawn to scale including: i. The existing ground elevations; ii. The proposed ground elevations; iii. The location and height of existing structures; iv. The location and height of proposed structures; V. The OHWM. c. VICINITY MAP, including: i. The location of subject parcel using natural points of reference(roads, state highways, prominent landmarks, etc.). ii. If the development involves the removal of any soils by dredging or otherwise, 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 precise location of the disposal site and its distance to nearest city or town. iii. On the map, or separately, give a brief narrative description of the vicinity of the proposed project including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics. d. ADJACENT LANDOWNERS. Provide names and mailing addresses of all real property owners within 300 feet of property line boundaries where development is proposed. ACKOWLEDGEMENT: I hereby declare, to the best of my knowledge and belief, the forgoing information and all attached information is true and correct. (Applicant or Authorized Representative) (date) MASON COUNTY COMMUNITY SERVICES F,uilding,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,Wa 98584 Phone:(360)427-9670 ext.352♦ Fax:(360)427-7798 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 should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. 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; The proposed single-family residence, septic system, and associated infrastructure will avoid the shoreline buffer and associated setback for Trails End Lake. However, the proposed project cannot avoid impacts to the Wetland A and Stream "L buffers given the extents of these features across the entire subject property. 'AvCC 17.50.11.13.2 adopts the critical areas regulations of MMC 8.52 with additional specifications that are particular to the shoreline jurisdiction. Strict application of the standard wetland and stream buffers or buffer reduction or averaging mechanisms would not allow for residential development on the subject property. Therefore, a reasonable use request or shoreline variance is proposed to allow the residential development within the wedand and stream buffers. 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; The shoreline variance is requested for deviation from the standard Wedand A and Stream buffers due to the encumbrance of critical areas across the entire subject property. This encumbrance results from the presence of these natural features on the subject property. Page 1 of 3 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; The shoreline of Trails End Lake is designated as "Residential' under the Mason County Shoreline Master Program. The lake shoreline is generally developed within single-family residences, and the proposed residential project will be consistent with the surrounding residential use. The proposed single-family residence, septic system, and associated infrastructure are located landward of the lake shoreline buffer and structure setback. Given the location of the proposed residence on uplands as far landward as feasible from the lake shoreline,no adverse effects to the shoreline environment or adjacent properties are anticipated. 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 The proposed variance request is the minimum needed to develop a single-family residence on the subject property. The proposed 1,089-square-foot residence, septic system, and associated infrastructure are consistent with the surrounding residential property, which are developed with residences sized similarly to the proposed residence. In addition, other properties in the area enjoy privileges such as location nearer to the shoreline and accessory structures that are not included in the proposed project. 5. That the variance requested is the minimum necessary to afford relief, The proposed development avoids the 115-foot buffer and shoreline setback associated with Trails End Lake. The proposed residence,septic system,and associated infrastructure will maintain a 15-foot setback from the edge of Wetland A [Stream Z is located on the opposite side of the wetland from the proposed development. The residential development has been situated as far upland from the wetland and stream as feasible on the subject property,and the requested variance is the minimum necessary to allow for single-family residential use of the property. 6. That the public interest will suffer no substantial detrimental effect; The proposed variance request consists of a residential development on private property. No detrimental effects to the public interest will occur. 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 1-6 above,that: 1. The strict application of the bulk, dimensional or performance standards set forth in this master program precludes all reasonable use of the property; Not applicable. 2. The public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance; Not applicable. Page 2 of 3 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. ACKOWLEDGEMENT I hereby declare, to the best of my knowledge and belief, the forgoing information and all attached information is true and correct. 66 Z 2 (property owner or authorized representative) (date) Page 3 of 3 AFFIDAVIT OF POSTING NOTICE STATE OF WASHINGTON ) ss: COUNTY OF MASON ) RE: (Parcel#or Address of Site): Planner for Mason County, do hereby certify that I have posted 2.. copies of the attached: ho- vc AC at' U&IC-4-t(oN -.a-- Bj3cac t Ok Lrv-1 On this day of -:3-0 Nf , 20 2-1-, in z conspicuous places as follows: One at The Site One at The Mason County Building One's Public Bulletin Board (411 N 5th St-Shelton,WA] o One at In witness whereof, the party has signed this Affidavit of Posting Notice this Q day of 20 22 Signed by Mason County Community Services Department 615 W. Alder St-Shelton,WA 98584 p� 1 Subscribed and sworn before me this 8 day of Ju�V__j tt , , 2022, 1 certify that Ce lQ 1� signed this document. im- ow Notary Public State of Washington NOTARY PUBLIC in and for the State of Washington, ARIANE M PAYSSE Printed Name of Notary: C-Ay k� 1� cwSSc- MY COMMISSION EXPIRES I2/29/2025 residing at: U, My Commission Expires: -/Z (Notary Seal) PUBLIC NOTICE Notice of Application and Public Hear- �D ing Notice is hereby given that Andre Rowe, who is the applicant for the follow- RC v ing proposal, has applied for Shoreline G Variance (SHR2022-00004) to develop 2022 a single-family residence within 40' of a stream on an undeveloped lot within the shoreline jurisdiction. Location: TRAILS eet END DIV #2, Lot 20, Block 5, Belfair WA W. p,Ider Str I Parcel Numbers: 22223-51-05020 Date of g15 complete Application: April 27, 2022 The proposed development is reviewed under the applicable chapters of the Shoreline Master Program, Resource Ordinance, Title 15, and Shorelines of Statewide Sig- nificance Regulations. The proposal re- quires Hearing Examiner approval, with final approval from the Department of Ecology. The project is SEPA exempt per WAC 197-11-800(1)(b). Any person desir- ing to express their view or to be notified of the action taken on the application should join the virtual Public Hearing via Zoom or attend the hearing at Mason County Com- missioner Chambers, Building 1,411 N 5th St,Shelton,WA 98584 on Wednesday,July 13,2022,at 1:00 p.m.or mail comments or questions to Scott Ruedy, Senior Planner, Mason County Department of Community Services, 615 W. Alder St., Shelton, WA 98584. Or Email sruedy@masoncountywa. gov. A PUBLIC HEARING will be held on Wednesday,July 13,2022,at 1:00 p.m.by the Mason County Hearing Examiner on the proposed project at Mason County Com- missioner Chambers,Building 1,411 N 5th PUBLIC NOTICES St, Shelton, WA 98584 and via Zoom. Di- rections on how to access the hearing will be located on the Mason County website at https://www.masoncountywa.gov/hear- ings-examiner/index.php under the appro- priately dated agenda, or you can call the Hearing Examiner Clerk at 360.427.9670 ext. 365 for assistance. Written and oral testimony will be accepted up to the close of the hearing. A decision on these appli- cations will be made within 120 days of the date of the complete application. 3512 June 9 1 t Mason County Permit Center Use: MASON COUNTY COMMUNITY SERVICES MEP 202Z -ODW3 Building,Planning,Environmental Health,Community Health Date Rcvd 615 W.Alder St.—Bldg.8,Shelton,Wa 98584 Phone:(360)427-9670 ext.352♦ Fax:(360)427-7798 MASON ENVIRONMENTAL PERMIT:$115 RECEIVED ❑ MASON ENVIRONMENTAL PERMIT WITH HABITAT MANAGEMENT PLAN:$1500 FEB 2 3 2022 ❑ CONDITIONAL USE: $2000 615 W. Alder Street Mason County Resource Ordinance(Chapter 8.52 MCC) ENVIRONMENTAL PERMIT APPLICATION The purpose of the Resource Ordinance is to protect Mason County's natural resource lands and critical areas and is under the authority of Chapters 36.32,36.70A,39.34,58.17, 76.09, 84.33, 84.34 and 90.58 RCW. PLEASE PRINT 1. PROPERTY OWNER Name: Andre Rowe Mailing Address: 7002 1491h Street East,Puyallup, WA 98575 Work Phone: Email Address: inkasumac@gmail.com Home/Cell Phone: 509-294-6067 Fax#: If an agent is acting for the property owner during the permit process, complete#2. 2. AUTHORIZED AGENT Name: Racheal Villa Mailing Address: 2907 Harborview Drive,Gig Harbor,WA 98335 Work Phone: 253-514-8952 Email Address: racheal@soundviewconsultants.com Home/Cell Phone: Fax# 3. PROJECT SITE Site Address: Lot 20 on Trails End Lake.Across from 1280 East Trails End Drive,Belfair, WA 98528 Parcel#: 22223-51-05020 Legal Description: Trails End Div#2 ,Lot 20,Block 5 Directions to Site: To access the subject property from the City of Olympia via US-101 Northbound,head north on US-101 for 5.5 miles. Take exit 101 toward Shelton/Port Angeles and continue on US-101 North for 11 miles. Merge onto WA-3 North toward Bremerton/Shelton. Turn right onto East Railroad Avenue/WA-3 in 3 miles and continue Rev.March 1,2018 a • for 0.6 miles. Then,take the 1 st left onto North Front Street/WA-3. In 0.17 miles,take the first right onto East Pine Street/WA-3. Continue for I 1 miles and turn left onto East Mason Benson Road. Turn right onto East Trails Road in 2.5 miles. Continue on East Trails Road and turn right onto East Trails End Drive in 2.8 miles. Continue on East Trails End Drive (counterclockwise around Trails End Lake) for approximately 1.25 miles. Turn left onto the subject property. Attach a site plan showing the following: Lot Dimensions,Flood Zones,Existing Structures,Fences, Water Lines,Driveways,Drainage Plans,Shorelines, Septic System,Topography,Proposed Improvements,Easements,North Arrow, and Scale. Also draw a separate topography diagram. Rev.March 1,2018 4. State which section requires permit: ❑ Long Term Commercial Forest,Chapter 8.52.060 ❑ Frequently Flooded Areas,Chapter 8.52.130 ❑ Mineral Resource Lands,Chapter 8.52.090 ❑ Geologically Hazardous Areas,Chapter 8.52.140 ❑ Critical Aquifer Recharge Areas,Chapter 8.52.120 ❑ Seismic Hazard Areas,Chapter 8.52.150 ❑ Erosion Hazard Area,Chapter 8.52.160 12 Fish&Wildlife Habitat Conservation Areas,Chapter ❑ In-Holding Lands,Chapter 8.52.070 8.52.170 ® Wetlands,Chapter 8.52.110 5. Identify current use of the property with existing improvements: The subject property is currently undeveloped. 6. Identify and describe the proposed project, including the type of materials to be used, construction methods,principle dimensions,and other pertinent information (attach additional sheets, if needed): The proposed project is to construct a 1,089 single family residence and associated infrastructure,including a driveway,water line,and septic system. Construction methods will be those typical for land clearing and residential construction. 7. Describe why the action requiring this permit cannot be avoided. The subject property is currently undeveloped. A single-family residence is proposed for the site,consistent with other single-family residences around Trails End Lake. The site is currently entirely encumbered by critical areas, including the shoreline of Trails End Lake, one wetland (Wetland A), and one stream (Stream A) and associated buffers. While the proposed project will be located landward of the 100-foot shoreline buffer and associated 15- foot building setback, modification of the stream and wetland buffers is required to develop the single-family residence. 8. Will there be an alteration of a wetland and/or wetland vegetation area(circle one)? Yes No 9. Identify any surface water on or adjacent to property(circle one): Saltwater Lake Stream a Pond Wetland Drainage Ditch 10. Identify existing septic/sewer connection(circle one): If septic is located on project site, include records. Connected to Septic Connected to Community Septic There is no existing septic system onsite. 11. Identify existing water supply(circle one): Public Water Supply Well 11. Type of Job(circle one): New Add Alteration Repair Demolition Other: Rev.March 1,2018 rint Name Signature Date Rev.March 1,2018 Appendix B1. Mason County Topographic Map Subject Propetty Location Uld Like 6129/2018,3:34:50 PM 0� 57 0 0.01 0? GLOS nii Mason Parcels—Query result - ---I 0 0-02 0.;4 0.09 km Contours 5 ft saa<es Ew, Aw�.mrora P Gmry.,C-Eam,UMS4 FAO,%IM NRCAN,I—Saw ON,Kad=W?4L.UNMarAw OWW".ENO SoLoWswcommmm 2153.0001—East Trails End Drive Soundview Consultants LLC Shoreline,Wetland,and Fish and Wildlife Assessment Report January 14,2022 Appendix B4. DNR Stream Typing Map �. Subject Property �. Location .1 AV 3 r f see 612912018,3=45.-59 PM C. o.o1 c�2257 0.05 m Mason Parcels_Query result Type F U,unknown 0 0.02 0.04 0.08 km Streams Type N,Np, Ns k,non-typed per WAC 222-16 O n,r V—ft wmanm ® x 9 aWWGI,he C „M F/0191 Ck rrb,Fcr An b5 C:J 19 HEHE Type S Ca.uw,r. 2153.0001—East Trails End Drive Soundview Consultants LLC Shoreline,Wetland,and Fish and Wildlife Assessment Report January 14,2022 ALL DOCUMENTS HAVE BEEN UPLOADED TO EACH CASE. SH R2022-00004 M E P2022-00003 ALSO UPLOADED WAS THE HABITAT MANAGEMENT PLAN. I DID ASK THE APPLICANT ABOUT THE MAILING LIST, PROPERTY OWNERS WITHIN 300 FT OF THE PROJECT, SAID THEY WERE WITHIN THE HABITAT MANAGEMENT PLAN . (COULD NOT FIND THE LIST). I ALSO DO NOT SEE THE SIGNATURE PAGE FOR THE JOURNAL BILLING.