HomeMy WebLinkAboutMLA17-00064 atatchment to shoreline supplemental permit applicationAttachment to attached Supplemental Application, Sh reline Development
Application Type: Variance and Conditional Use (administrative)
Assessor Tax Parcel #: 502291005
Name of Body of Water: Hood Canal 4/40
s
Property Owner Name(s): Steven P. and Marilyn F. Barnowe-Meyer � a� �
C0&1
Responses to review criteria in JCC 18.25.580(3) Variance Permit and 18,25(2)
Conditional Use Permit:
18.25.580 Variance permit criteria
(3) Variances may be authorized, provided the applicant/proponent can demonstrate all of the
following:
(a) That the strict application of the bulk or dimensional criteria set forth in this program precludes or
significantly interferes with a reasonable permitted use of the property; Response: Please see
attached Site Plan Map "A". Utilizing the 50 foot road setback (red line), the 160 foot buffer/build
setback line from Hood Canal (dashed blue line) and the 160 foot buffer/ build setback line from
McDaniel Cove (dashed green line), the only area within the 3.17 acres of Parcel #502291005 which
meets strict application of the dimensional criteria set forth under this program is a triangle of
roughly 40 feet on each side or an area of approximately 750 square feet, on a sideslope averaging
42%. This 750 square feet constitutes approximately 0.5% of the total area of Parcel #502291005.
(b) That the hardship described above is specifically related to the property, and is the result of
conditions such as irregular lot shape, size, or natural features and the application of this program, and
not, for example, from deed restrictions or the applicant's/proponent's own actions; Response: Please
see attached Site Plan Map "A" and Survey Plat Map "8" for Parcel # 502291005. Although this
parcel is 3.17 acres in size, there are only two relatively small areas of the parcel amenable to
development for a single-family residence, given its irregular shape and overall steep topography.
The first area (labeled "Proposed building envelope" on both Map "A" and "8"), at its nearest point is
84 feet from the ordinary high water mark (OHWM) of Hood Canal (well inside the 150 foot buffer
and 160 foot buffer/ build setback requirements), and at its nearest point is ^'149 feet from the
OHWM of McDaniel Cove but meets all property line, highway and easement setback requirements.
Vehicle access to the proposed building envelope would require approximately 130 feet of new
driveway construction. The second area of the parcel potentially amenable to development for a
single-family residence (labeled "Area 2" on Map "B"), is much closer to the OHWM of both Hood
Canal (approximately only a 25 foot wide buffer/ build setback) and McDaniel Cove, encroaches on
the 20 foot setback from the easement road, and is much closer to the nearest neighbor's house (<35
feet), but would require a much shorter new driveway. There are no other locations within this
parcel where a single-family residence would be less environmentally damaging than these two
areas. The "Proposed building envelope" (and associated single-family residence) is located in the
least environmentally damaging location relative to the shoreline and critical areas on this site and is
the most landward of the two areas described above.
(c) That the design of the project will be compatible with other permitted activities in the area and will
not cause adverse effects on adjacent properties or the shoreline environment; Response to
compatibility component. Please see attached document labeled "Compatibility of proposed single-
family residence on Parcel # 502291005 with other residences within the area" and Map "C". This
document compares the proposed improvements associated with the proposed single-family
residence project for Parcel # 502291005 (yellow -highlighted line) with existing improvements /
residences on the seven parcels immediately adjacent to the project parcel or within 300 feet of the
proposed residence. The statistics for the proposed single-family residence fall within the square
footage ranges of each of the following categories for these seven parcels: "Main Area" 'Garage"
and "Porch/Deck/etc.". The proposed "Main Area" square footage is slightly (1.6% and 33 square
feet) more than the "Main Area" square footage average for the seven adjacent parcels. The
proposed "Garage" square footage is 172 square feet less than the average and the proposed
"Porch/Deck" square footage is 94 square feet more than the average for the seven adjacent parcels.
Response to adverse effects component. I have decided to use the sixteen "Environmental Elements"
of the SEPA Environmental Checklist to respond to the "adverse effects" component of this shoreline
variance permit criterion. Please see the attached document labeled "Responses to Environmental
Elements Questions on SEPA Environmental Checklist. Parcel #502291005".
(d) 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; Response: Although
several of the other single-family residences in the immediate vicinity of this proposed project were
constructed under different regulatory criteria, the requested shoreline variance for the "proposed
building envelope" (and associated single-family residence) which, at its nearest point, is 84 feet
from the OHWM of Hood Canal, does not constitute a grant of special privilege not enjoyed by other
properties in the area, based on comparisons to the built locations of other single-family residences
in the area relative to shorelines of Hood Canal and McDaniel Cove. The four single-family
residences on immediately adjacent Parcels #502294001, 502291004, 50091007 and 502294010 are
all located within 60 feet of the OHWM of Hood Canal or McDaniel Cove, at their nearest point; two
residences are within 25 feet of the OHWM, at their nearest point. Ultimately, the applicants have
only two relatively small areas of Parcel #502291005 amenable to development of a single-family
residence, given the parcel's irregular shape and overall steep topography, and the applicants have
proposed the option that is the least environmentally damaging relative to the shoreline and critical
areas on this site and is the most landward of the two available areas. The proposed option
requested by the applicant for a shoreline variance constitutes the minimum necessary to afford
relief, without imposing unnecessary hardships on the applicants.
(e) That the public interest will suffer no substantial detrimental effect; Response: Parcel
#502291005 currently has 4.1% of its 3.17 acres covered with impervious surfaces. The
remainder of the parcel is currently covered by a matrix of predominantly native mixed -
conifer -hardwood forest stands (with small pockets of non-native and more extensive areas
of native understory vegetation) and lesser areas of open grass- / moss -covered rock
outcrops. All of the existing impervious surfaces fall within the standard shoreline buffer
and critical habitat areas on this site. Following proposed development, an additional
-5.3% of the total area of the parcel will have experienced additional land disturbance
activity; approximately 95%+ of these land disturbance activities will occur within the 160 -
foot shoreline -critical areas buffer/build setbacks from both Hood Canal or McDaniel Cove.
But ultimately, 2.84 acres of the total 3.17 acres within the parcel (-90% of the parcel) will
remain native mixed -conifer -hardwood forest cover or open grass- / moss -covered rock
outcrops, located predominantly within the standard shoreline -critical areas buffer strips
along Hood Canal. Preservation and enhancement of the existing native forest habitat,
which will occupy approximately 85% of the parcel following development, habitat
restoration / rehabilitation on the approximately 5% of the parcel not currently in native
forest cover following development, primarily utilizing native tree, shrub and herb / forb
plantings and control of invasive non-native plant species within the fish and wildlife habitat
conservation area (FWHCA) /shoreline buffer zones, are all measures that are intended to
mitigate any potential substantial detrimental effects associated with the proposed
development.
Essentially 99% of the proposed 84 foot wide buffer area between the proposed structure and
the shoreline of Hood Canal will be maintained in a naturally vegetated state, except for a
small area (approximately 660 square feet) of existing paved easement road, within a total
buffer area of approximately 49,590 square feet (84'x 590').
At its nearest point, the proposed single-family residence is -149 feet from the OHWM of
McDaniel Cove but the development associated with the proposed new driveway is as close
as -72 feet from McDaniel Cove. Prior to any of the development proposed for Parcel
#502291005, greater than 20% of the proposed 149 foot wide buffer area between the
proposed structure and the shoreline of McDaniel Cove is already not maintained in a
naturally vegetated condition, due to the two existing single-family residences and
appurtenances on combined Parcels #502291004 / 502291006 and Parcels #502291003 /
502291007, as well as the existing 20 foot width paved easement road, located between the
proposed structure and the shoreline of McDaniel Cove. Essentially 100% of the natural
vegetation within the buffer area on Parcel #502291005 between the proposed structure
and the shoreline (outside of the proposed new driveway and visitor parking / turnaround
area) will be maintained in a naturally vegetated condition, but the two existing residences
and paved easement road simply preclude attainment of the criterion for 80 percent
naturally vegetated condition in the buffer.
in addition, please see the attached document labeled "Responses to Environmental Elements
Questions on SEPA Environmental Checklist: Parcel #502291005': Please particularly note the
responses to Questions 1. (h.), 2. (c.), 3. (d.), 4. (d.), 5. (d.), 6. (c.), 7. a. 5), 7. b. 3), 8. l., 8. m., 9. c., 10.
c., 11, d., 13. d., 14. h., and 15. b., addressing proposed measures to reduce or control potential
adverse effects to the shoreline environment.
(f) That the public rights of navigation and use of the shorelines will not be materially interfered with
by the granting of the variance; and
Response: No public rights of navigation or use of the shorelines will be materially interfered with by
any aspect of the proposed development or the granting of this variance.
(g) Mitigation is provided to offset unavoidable adverse impacts caused by the proposed development
or use.
Response: Arguably the most significant unavoidable adverse impact caused by the proposed
development (but that is amenable to mitigation) is the removal of a total of one -hundred (100) trees
(both conifer and deciduous) greater than or equal to 2" dbh from within the proposed 8,565 square
foot area of proposed land disturbance. Only 28 of these 100 trees are greater or equal to 6" dbh, with
the largest tree to be removed being 13" dbh. Understory native and non-native shrubs, grasses and
herbs /forbs will also be removed from within the proposed land disturbance area. As noted above in
(3) (e), the applicants have proposed measures to preserve and enhance the existing native forest
habitat that will remain within the FWHCA /shoreline buffer zones following development, as well as
restore native vegetation /plant species within grass- /moss -covered rocky bald areas. These
preservation, restoration and enhancement measures are already underway, with more planned in the
future. All non-native, invasive or noxious shrub and brush species within these area are being (and
will continue to be) systematically removed and their seedbanks eliminated. These removals have
already enhanced health, growth and survival of existing native plants and trees onsite. The landowner
is a professional forester with over 43 years of silvicultural experience, as well as an experienced native
plant propagator. Approximately 80 native trees and shrubs and over 20 native perennial plants have
been planted and survived onsite for one or more complete growing seasons within these existing
forest and rocky bald areas, with the intent to enhance the wildlife habitat and diversity conditions of
the parcel. Additional plantings and seeding of native trees, shrubs, herbs/forbs and grasses are
planned over the next three to five years. The proposed measures listed above are provided as
components of the mitigation plan for Parcel #502291005.
(4) In the granting of all variances, consideration shall be given to the cumulative environmental 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 significant adverse
effects to the shoreline ecological functions and processes or other users. Response: Please see Map
"C: In the immediate vicinity of the proposed development and to the best knowledge of the
applicants (based on review of Jefferson County parcel data), Parcel #502291005 is the last buildable,
undeveloped parcel along the south shore of McDaniel Cove and significantly affected by FWHCA /
shoreline buffer zones. The applicants have not explored the status of all of the parcels along Hood
Canal within the Rocky Point community, which is the most substantial community of residences in
the immediate vicinity of Parcel #502291005, but based on information derived from informed
members of that community, there are no known remaining buildable lots within the Rocky Point
community as well. Thus, additional requests for like actions in the area are unlikely but still
theoretically possible. The applicants have attempted to propose reduction, control and mitigation
measures that, in conjunction with the total of all other variances granted to date, do not result in
unacceptable levels of cumulative environmental impacts and that do not produce significant
adverse effects to the shoreline ecological functions and processes of McDaniel Cove and Hood Canal.
Jefferson County and the Department of Ecology will need to determine whether the applicants'
proposed project (including the proposed mitigation plan), in conjunction with these other variances,
remain consistent with and do not thwart the policies of RCW 90.58.020 and do not produce
significant adverse impacts, while still not imposing unnecessary hardships on the applicants.
(5) Other factors that may be considered in the review of variance requests include the conservation
of valuable natural resources and the protection of views from nearby roads, surrounding properties
and public areas. In addition, variance requests based on the applicant's/proponent's desire to
enhance the view from the subject development may be granted where there are no likely detrimental
effects to existing or future users, other features or shoreline ecological functions and/or processes,
and where reasonable alternatives of equal or greater consistency with this program are not available.
In platted residential areas, variances shall not be granted that allow a greater height or lesser shore
setback than what is typical for the immediate block or area. Response: Except for those trees needed
to be cleared for the proposed single-family house building envelope, the new driveway and the visitor
parking / turnaround area, all other trees and understory vegetation will be retained on Parcel
#502291005 following development, preserving as much as possible the overall forested character of
the site and the existing views. Overtime, native forest trees that were planted over the past two
years for wildlife habitat improvement within areas currently dominated by grass vegetation will
mature and further screen views of the proposed new house from the residences on Parcels
#502291004 and #502291007. Also additional native tree plantings for wildlife habitat improvement
have also occurred within the 60 foot native forest buffer along Highway 101 over the past two years,
which will be supplemented with additional understory vegetation plantings over the next three to five
years. These plantings within the 60 foot buffer will further ameliorate negative visual impacts
associated with the proposed development on Parcel #502291005.
(6) Permits and/or variances applied for or approved under other county codes shall not be construed
as shoreline permits under this program. [Ord. 7-13 Exh. A (Art. IX § 5)]. No response necessary
18.25.590 Conditional use permit criteria.
(1) The purpose of a conditional use permit is to allow greater flexibility in administering the use
regulations of this program in a manner consistent with the policies of RCW 9058.020. In authorizing a
conditional use, special conditions may be attached to the permit by the county or the Department of
Ecology to control any undesirable effects of the proposed use. Final authority for conditional use
permit decisions rests with the Department of Ecology. No response necessary
(2) Uses specifically classified or set forth in this program as conditional uses and unlisted uses may be
authorized, provided the applicant/proponent can demonstrate all of the following:
(a) That the proposed use will be consistent with the policies of RCW 90.58.020 and this program.
Response: Please see attached Map "A". Parcel #502291005 has a 650 + feet of marine shoreline
along Hood Canal and McDaniel Cove. Landward of the OHWM of this shoreline, the proposed single-
family two-bedroom residence, proposed visitor parking / turnaround area and proposed new
driveway all fall entirely within a Natural Shoreline Environment Designation area, with the entire
parcel falling within either Conservancy or Natural Shoreline Environment Designation areas.
""Single-family (and normal appurtenances)" residential shoreline use is classified as a "Conditional
use administrative" landward of OHWM in Natural Shoreline Environmental Designation areas per
Jefferson County Table 18.25.220 — Permitted, Conditional and Prohibited Uses by Shoreline
Environment Designation.
(b) That the proposed use will not interfere with normal public use of public shorelines. Response: No
public rights of navigation or normal public use of public shorelines will be materially interfered with
by any aspect of the proposed development or the granting of a conditional use permit.
(c) That the proposed use of the site and design of the project will be compatible with other permitted
uses within the area. Response: Please see attached document labeled "Compatibility of proposed
single-family residence on Parcel # 502291005 with other residences within the area" and Map "C".
This document compares the proposed improvements associated with the proposed single-family
residence project for Parcel # 502291005 (yellow -highlighted line) with existing improvements /
residences on the seven parcels immediately adjacent to the project parcel or within 300 feet of the
proposed residence. The statistics for the proposed single-family residence fall within the square
footage ranges of each of the following categories for these seven parcels: "Main Area", 'Garage"
and "Porch/Deck/etc.". The proposed "Main Area" square footage is slightly (1.6% and 33 square
feet) more than the "Main Area" square footage average for the seven adjacent parcels. The
proposed "Garage" square footage is 172 square feet less than the average and the proposed
"Porch/Deck" square footage is 94 square feet more than the average for the seven adjacent parcels.
The proposed single-family residence, at its nearest point, is 84 feet from the OHWM of Hood Canal.
This setback from Hood Canal is compatible with other permitted properties in the area, based on
comparisons to the built locations of other single-family residences in the area relative to shorelines
of Hood Canal and McDaniel Cove. The four single-family residences on immediately adjacent
Parcels #502294001, 502291004, 50091007 and 502294010 are all located within 60 feet of the
OHWM of Hood Canal or McDaniel Cove, at their nearest point; two residences are within 25 feet of
the OHWM, at their nearest point.
(d) That the proposed use will not cause adverse effects to the shoreline environment in which it is to
be located. Response: Please see the attached document labeled "Responses to Environmental
Elements Questions on SEPA Environmental Checklist. Parcel #502291005". Please particularly note
the responses to Questions 1. (h.), 2. (c.), 3. (d.), 4. (d.), S. (d.), 6. (c.), 7. a. 5), 7. b. 3), 8. l., 8. m., 9. c.,
10. c., 11. d., 13. d., 14. h., and 15. b., addressing proposed measures to reduce or control potential
adverse effects to the shoreline environment.
(e) That the public interest suffers no substantial detrimental effect. Response: Parcel
#502291005 currently has 4.1% of its 3.17 acres covered with impervious surfaces. The
remainder of the parcel is currently covered by a matrix of predominantly native mixed -
conifer -hardwood forest stands (with small pockets of non-native and more extensive areas
of native understory vegetation) and lesser areas of open grass- / moss -covered rock
outcrops. All of the existing impervious surfaces fall within the standard shoreline buffer
and critical habitat areas on this site. Following proposed development, an additional
-5.3% of the total area of the parcel will have experienced additional land disturbance
activity; approximately 95%+ of these land disturbance activities will occur within the 160 -
foot shoreline -critical areas buffer/ build setbacks from both Hood Canal or McDaniel Cove.
But ultimately, 2.84 acres of the total 3.17 acres within the parcel (90% of the parcel) will
remain native mixed -conifer -hardwood forest cover or open grass- / moss -covered rock
outcrops, located predominantly within the standard shoreline -critical areas buffer strips
along Hood Canal. Preservation and enhancement of the existing native forest habitat,
which will occupy approximately 85% of the parcel following development, habitat
restoration / rehabilitation on the approximately 5% of the parcel not currently in native
forest cover following development, primarily utilizing native tree, shrub and herb / forb
plantings and control of invasive non-native plant species within the fish and wildlife habitat
conservation area (FWHCA) /shoreline buffer zones, are all measures that are intended to
mitigate any potential substantial detrimental effects associated with the proposed
development.
Essentially 99% of the proposed 84 foot wide buffer area between the proposed structure and
the shoreline of Hood Canal will be maintained in a naturally vegetated state, except for a
small area (approximately 660 square feet) of existing paved easement road, within a total
buffer area of approximately 49,590 square feet (84'x 590').
And again, please see the attached document labeled "Responses to Environmental
Elements Questions on SEPA Environmental Checklist. Parcel #502291005". Please
particularly note the responses to Questions 1. (h.), 2. (c.), 3. (d.), 4. (d.), S. (d.), 6. (c.), 7. a.
5), 7. b. 3), 8. l., 8. m., 9. c., 10. c., 11. d., 13. d., 14. h., and 15. b., addressing proposed
measures to reduce or control potential adverse effects to the shoreline environment, as
well as ensure that the public interest suffers no substantial detrimental effect as a result of
this proposed conditional use. Also please review the Mitigation Plan section of the Habitat
Management Plan submitted to Jefferson County for Parcel #5022910005.
(3) In the granting of all conditional use permits, consideration shall be given to the cumulative
environmental impact of additional requests for like actions in the area. For example, if conditional use
permits were granted for other developments in the area where similar circumstances exist, the sum
of the conditional uses and their impacts should also remain consistent with the policies of RCW
90.58.020 and should not produce a significant adverse effect to the shoreline ecological functions and
processes or other users. Response: Please see Map "C". In the immediate vicinity of the proposed
development and to the best knowledge of the applicants (based on review of Jefferson County
parcel data), Parcel #502291005 is the last buildable, undeveloped parcel along the south shore of
McDaniel Cove and significantly affected by FWHCA/shoreline buffer zones. The applicants have not
explored the status of all of the parcels along Hood Canal within the Rocky Point community, which is
the most substantial community of residences in the immediate vicinity of Parcel #502291005, but
based on information derived from informed members of that community, there are no known
remaining buildable lots within the Rocky Point community as well. Thus, additional requests for like
actions in the area are unlikely but still theoretically possible. The applicants have attempted to
propose reduction, control and mitigation measures that, in conjunction with the total of all other
variances granted to date, do not result in unacceptable levels of cumulative environmental impacts
and that do not produce significant adverse effects to the shoreline ecological functions and
processes of McDaniel Cove and Hood Canal. Please also note the Mitigation Plan section of the
Habitat Management Plan submitted to Jefferson County for Parcel #502291005. Jefferson County
and the Department of Ecology will need to determine whether the applicants' proposed project
(including the proposed mitigation plan), in conjunction with these other variances, remain
consistent with and do not thwart the policies of RCW 90.58.020 and do not produce significant
adverse impacts, while still not imposing unnecessary hardships on the applicants.
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Total area (combined drivewav and single-family residence building envelope
dbh": diameter at breast height (4.5 feet)
Figure 34: Number of trees, by species and dbh*, within all proposed development
areas (combined) within Parcel #502291005
Western
Diameter
Douglas
Red
Red
Pacific
Willow
Cherry
Total
Class
Fir
Cedar
Alder
Madrone
Species
Species
Species
2"
17
8
1
1
27
3"
16
1
2
1
20
4"
12
1
1
2
16
5"
9
9
< 5"
54
2
3
10
2
1
72
Totals
6"
3
1
4
7"
7
2
9
8"
7
7
9"
2
1
3
6" to 9"
19
1
3
23
Totals
10"
1
1
2
11"
2
2
12"
13"
1
1
10"+
4
1
5
Totals
Total
77
2
5
13
2
1
100
Totals
dbh": diameter at breast height (4.5 feet)
Figure 34: Number of trees, by species and dbh*, within all proposed development
areas (combined) within Parcel #502291005
S28'42'58 T
APPROXIMATE L 1 0. 05'
PROPERTY IINES iSi1) I
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ARE APPROXIMATE ONLY AND ARE NOT b [Ad p. a a'(1k I ! n
BASED ON AN ACTUAL SURVEY. � ��� C � (+ � �
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PROPOSED 100% ) 7)+ RESERVE r+'�� ��Jfj� �,°�:`"` S 14 °38 22 E
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RIGHT OF WAY
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PROPERTY
February 10, 2017 4:32:45 p.m.
Drawing: BARNOWE-MEYER 502291005.DWG.DWG
C] CREATIVE DESIGN SOLUTIONS INC. 2017
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PROPOSED BUILDING ENVELOPE
APPROXIMATE SHORELINE PER
COUNTY PARCEL MAP
REVISION DATE PARCEL 7f502291005
DRAWN BY: MICHAEL S. DEENEY SITE PLAN DETAIL, 40 SCALE
SHEET 1 OF 1 1 DATE: 2/10/17 FOR. STEVEN BARNOWE-MEYER
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62.72 '
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APPROXIMATE LOCATION
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PRIMARY BED
(SEP94-00461) 40. 15'
i
APPA xIMATE 11 N37°4653 "W
L N OF 28.50
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EXISTING 1,000 NA VD 88
GALLON SEPTIC TANK
(SEP94-00461)
APPROXIMATE
PROPERTY LINES
sop
APPROXIMATE SHORELINE
_f PER COUNTY PARCEL MAP
Approx.11nG SEi��.r0.�`:nG �Oli'll.rwl, �
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CREATIVE DESIGN SOLUTIONS
17%,
Septic System Designs, Permits, d inspections
�► P.O. BOX 2787, PORT ANGELES, WASHINGTON 98382
29(25--2W) ' $ (800) 395-7296, (360) 457-6353, EMAIL: MIKE@CDS4YOU.COM