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w4 1 JEFFERSON COUNTY PERMIT CENTER
4, 621 Sheridan Street, Port Townsend, WA 98368
, ,
April 1, 1997
William Kearney
181 Stark Road .
Port Ludlow, WA 98365
NOTICE OF VARIANCE APPROVAL, ZON97-0003
On April 1, 1997 the Hearing Examiner approved the above referenced variance
application. This constitutes approval of your request for a variance. A copy of the
Hearing Examiner's decision, including conditions of approval, is enclosed for your
information. Note that the variance approval expires on April 1, 1998.
Subject to compliance with these conditions, you may proceed to apply for a building
permit through the Jefferson County Permit Center.
A variance shall be considered expired if one year from the date of approval the
project applicant has not: (1) submitted a complete application for a building permit,
and (2) completed substantial construction in accordance with the plans for which the
permit was authorized.
The Board of Commissioners may authorize a maximum of a one (1) year extension
upon showing that the applicant has made a "good faith effort" to complete the
project and that circumstances affecting the proposal have not substantially changed.
A written request for such an extension must be filed with the Permit Center at least
ninety (90) days prior to the expiration of the permit.
This decision is appealable to the Board of County Commissioners by any party of
record within fourteen (14) days. The appellant must file a written notice of appeal with
the Jefferson County Permit Center, together with the required fees. An appeal may
be filed as explained in the attached instruction sheet.
Should you have any questions, please contact the Permit Center at (360) 379-4450.
Sincerely, (I) /� 1 off-
ir �"fY�' A r��ii�� u c-eS oZ
,e.t.7-� hit - i i
�/ Jerry Smith
Associate Planner ) 44 'e1y ;,.1 � O -i- f<_,
C: Building Official 0.) f'ylo-y, -lb na c,.v°fi"A.r..& do c.. -k, o--/ ,
Parties of Record ( / a( 2iij1ci ..6Ie
,", -, edFile i
Enclosure c%1/ 5>Jli-G6 oy-c -) rLe y01)m-, C, �; dy"i r�a
Building Environmental Health Development Review Public Works
Building Permits Septic Permits Subdivision, Zoning Road Approach
Inspections Water Review & Shoreline Permits Permits&Addresses
(360) 379-4450 FAX: (360) 379-4451
1 OFFICE OF THE HEARING EXAMINER FOR JEFFERSON COUNTY
2
3
RE: An application by William T. ) File No. ZON97-0003
4 Kearney for front yard variances )
5 to allow replacement of a mobile )
home with a new double-wide mobile )
6 home to be located less than 20 ) FINDINGS, CONCLUSIONS,
feet from Stark Road and a private )
7 easement road. ) AND DECISION
8 )
9
10
FINDINGS OF FACT
11
12 BACKGROUND INFORMATION
13 Proposal: The applicant has requested two variances from the required
14 minimum building setbacks. The subject property is a corner lot by
15 definition. Therefore, a minimum setback of 20 feet is required from
16 two lot lines . The variance application is to allow replacement of an
17 existing mobile home with a larger mobile home to be located eighteen
18 (18) feet from the principal access road right-of-way (Stark Road) and
19 to be located seven (7) feet from a private access easement along the
20 north property line.
21 Applicant: William T. Kearney
22 181 Stark Road, Port Ludlow, WA 98365
23 Property Address: 181 Stark Road.
24 Property Location: The project site is located approximately 900
25 feet north of the intersection of Shine Road and Stark Road. The site
26 is in the Shine area and approximately one (1) mile west of the Hood
27 Canal Bridge.
28 Legal Description: Tax Parcel No. 821 344 041, within the Southeast of
29 Section 34, Township 28 North, Range 1 East, WM.
William T. Kearney Variance Page 1 Findings, Conclusions
ZON97-0003 and Decision
1 Zoning: Rural Residential [RR-5] .
2 Comprehensive Plan Map Designation: Rural Residential.
3 Property Description: The subject property contains approximately
4 15,200 square feet, or 0.35 acres . It is rectangular in shape. It's
5 north-south dimension is about 190 feet, and site fronts on Stark
6 Road, a county road. Its east-west dimension is about 80 feet.
7 Surrounding Conditions: The area between Shine Road and SR 104 is
8 sporadically developed with residences and small farms. The "L"
9 shaped parcel served by the easement road is an operating small farm.
10 PROCEDURAL INFORMATION
11 Applicable Regulations:
12 Jefferson County Zoning Code [Title 18 JCC] as amended by the Interim
13 Growth Strategy Ordinance [Ordinance No. 05-0214-96] :
14 Section 3.30, Bulk, Dimensional and General Requirements, Table
15 12 . 1 regulating front setbacks for structures within RR-5 Zone.
16 Hearing Date: March 18, 1997 .
17 Site Visit: March 18, 1997 .
18 SEPA: Categorically exempt.
19 Notices: Mailed: March 3, 1997
20 Posted: March 3, 1997
21 Publication: March 5, 1997 (Port Townsend-
22 Jefferson County Leader) .
23 TESTIMONY:
24 The public hearing was opened on March 18, 1997 at 1 : 40 p.m. in the
25 Courthouse Lower Level Conference Room. After the procedures for the
26 public hearing were explained, testimony was accepted. All testimony
27 was taken under oath. A verbatim recording of the public hearing was
28 made and is maintained in the Jefferson Permit Center file.
29
William T. Kearney Variance Page 2 Findings, Conclusions
ZON97-0003 and Decision
7. Jerry Smith, Associate Planner, presented the Staff Report and its
2 Attachments. No additional letters were received since the Staff
3 Report was published. Mr. Smith explained some of the property line
4 issues that were revealed since the property had been surveyed. There
5 appears to be a 10 foot wide "no mans land" between the applicant' s
6 north property line and the road easement. Staff recommended that the
7 applicant negotiate with Mr. Wong, the adjoining owner, for that land.
8 Staff also recommended that the new mobile home be relocated on
9 another part of the lot if possible, thereby possibly avoiding the
10 need for a variance.
11 William Kearney, Applicant, testified that the survey he had made
12 revealed a strip of land between his north property line and the edge
13 of the easement road, and that he would like to purchase that land
14 from Mr. Wong. Mr. Kearney testified that he bought the property from
15 Robert Garten with the existing mobile home in place, approved septic
16 system installed, and surrounding wells in place. One problem that he
17 faces is the need to protect the surrounding wells . The septic tank
18 and drainfield system was approved when the distance requirement from
19 a well was 50 feet. If he changes the system, he would have to comply
20 with the current requirement of 100 feet.
21 Mr. Kearney testified that he has been investigating alternative
22 locations, and submitted a site plan labeled "Ideal Drawing" to
23 illustrate rotating the mobile home 90 degrees .
24 With regard to locating the mobile home to the southwest, Mr.
25 Kearney testified that such a location would place the mobile home at
26 least one foot to low to drain to his septic tank.
27 Benson Wong was present but asked that his co-owner testify for him.
28 Ethel O'Donnell, co-owner with Mr. Wong of the property adjacent to
29 the north, testified that there was not a band of land outside the
William T. Kearney Variance Page 3 Findings, Conclusions
ZON97-0003 and Decision
1 easement. The easement was granted to Robert Garten and the
2 easement' s south line is in common with Mr. Kearney' s north line. Ms.
3 O' Donnell submitted a copy (_,f the legal description. Ms. O' Donnell
4 explained that the actual road is partly on her property.
5 The Examiner pointed out that although he had viewed the property
6 before the public hearing, he wanted to look at it again in light of
7 the testimony.
8 There being no other parties wishing to testify, the public hearing
9 was closed at 2:20 p.m. and the record held open to allow a return
10 site visit.
11 [Mr. Kearney stepped out during the Examiner's return site visit and
12 clarified the location of the "spring well" located 50 feet from the
13 septic tank. Also, the downhill slope toward the travel trailer
14 parked in the southwest portion of the lot was evident. ]
15 EXHIBITS:
16 Exhibit 1: Staff Report dated March 11, 1997, with the following Attachments:
Attach A: Variance Application
17 Attach B: Site Plan
Attach C: Property Survey Map
18 Attach D: Assessor's Section Map
Attach E: Description of Garten Easement
19 Attach F: Sewage Disposal Permit #5239
Attach G: Notice of Public Hearing as Published
20 Attach H: Affidavit of Posting
Attach I: Certificate of Mailing
21 Attach J: Adjacent Property Owners List.
22 Exhibit 2: "Ideal Drawing" Revised Site Plan offered by Mr. Kearney.
23 Exhibit 3: Legal description of the Garten Easement offered by Ms. O'Donnell.
24 FINDINGS:
25 1 . The Staff Report contains a detailed analysis of the proposal and
26 its compliance with the provisions of the Zoning Code. The Hearing
27 Examiner has reviewed that report, viewed the site before and after
28 the public hearing, conducted a public hearing, and now finds the
29 facts presented in the staff report to be accurate except with regard
William T. Kearney Variance Page 4 Findings, Conclusions
Z0N97-0003 and Decision
1 to information determined from the survey and testimony by the
2 adjoining property owners.
3 2. The legal description for the easement in question submitted by
4 Ethel O' Donnell and entered as Exhibit 3 is the same as Attachment E
5 (File Log Item 18) to the Staff Report, except that Exhibit 3 also
6 contains the legal descriptions for the two parcels benefited by the
7 easement. The easement is a 15-foot wide easement for ingress,
8 egress, and utilities. The easement adjoins the subject property at
9 its north boundary. The easement crosses land owned by Benson Wong
10 and Ethel O' Donnell. The easement does not provide access to the
11 subject property.
12 3. Based on the corner stake locations resulting from the Property
13 Survey made for the Applicant [Attachment C to the Staff Report] , the
14 actual roadway intended for the easement is located about 10 feet
15 north of the subject property, such that most of the roadway is
16 outside of the easement and on the Wong/O' Donnell property.
17 4 . Following are some pertinent definitions from the Zoning Code:
18 JCC 18.15. 610 Lot line, front. "Front lot line' means any
property line of a lot which abuts a public street, private street
19 or dedicated vehicular access easement and shall meet the minimum
front yard setback requirements of this code. On a corner lot, or
20 lot bounded by more than one public or private street or dedicated
easement, the front lot line shall be the lot line providing
21 principal access from the adjacent street.
22 JCC 18.15. 630 Lot line, side. "Lot line, side" means any lot
line that is not a front or rear lot line, or any lot line that
23 intersects a front lot line.
24 JCC 18.15.850 Road or vehicular rights-of-way. "Road or
vehicular rights-of-way" means a strip of land dedicated or
25 conveyed for a public or private road expansion or utility
purposes as specified by recorded easements, recorded ownership
26 instruments, or dedications.
27 JCC 18.15.870 Setback. "Setback' means the minimum distance from
the road right-of-way line or any other lot line to the nearest
28 projection of a structure places on the property, excluding eaves
of less than 24 inches.
29
William T. Kearney Variance Page 5 Findings, Conclusions
ZON97-0003 and Decision
1 5. The existing mobile home was placed on the lot about 1972.
2 6. Stark Road, a 40-foot right-of-way access road, is accessed from
3 Shine Road. Although the Stark Road right-of-way appears on the
4 Assessor' s map to join the SR 104 right-of-way, the road does not
5 connect nor would likely connect in the future. All of the parcels
6 with access from Stark Road are less than two acres in size, and the
7 subject property is one of the smallest parcels at 0. 35 acres .
8 7. In terms of sequence of events, Mr. Kearney acquired the property
9 by Deed recorded April 24, 1972. According to testimony received at
10 the public hearing, Mr. Garten owned the surrounding land later
11 purchased by Wong/O' Donnell when he created the road and utility
12 easement adjoining the subject property. Since the legal description
13 of the easement uses the recording date of the Deed for the subject
14 property, it follows that the easement was created after Mr. Kearney
15 acquired the subject property.' At the time of purchase the north
16 property line would have been a side property line and the lot would
17 not have been a corner lot. At that time, and up to the adoption of
18 the Growth Strategy Ordinance, a side yard setback requirement was 5
19 feet. Effective February 14, 1996, the minimum setback for front
20 yards in the RR-5 zone is 20 feet, and the side yard setback is 5
21 feet.
22 8 . Site limitations are dictated by the location of the septic tank
23 drainfield system, the reserve drainfield area, and protection areas
24 for the four surrounding wells — in particular, the "spring well" to
25 the north and the two wells on the south part of the property. The
26 resulting buildable area is an approximately 50 by 50 foot area in the
27 northeast corner of the subject property (less setbacks) .
28
29 1 In fact, the easement (Exhibit 3) was recorded on March 23, 1981 at vol. 187
page585.
William T. Kearney Variance Page 6 Findings, Conclusions
ZON97-0003 and Decision
1 9. The subject property slopes up to the north such that the upper
2 most portion of the lot has a view of Squamish Harbor, as do many of
3 the tracts north and above Shine Road.
4
5 CONCLUSIONS OF LAW
6 1. The subject property, which was developed about 1972, has a
7 number of unique features which distinguish it from other parcels in
8 the immediate vicinity. The location of four wells on and off the
9 property limit development on the subject property due to well setback
10 protection requirements. The nearest well is on the adjoining
11 property, and influenced the location of the septic system drainfield
12 with a 50-foot setback protection requirement. The current standard
13 is now 100 feet. The buildable area is limited to the northeast
14 corner of the lot. As noted in the Staff Report Comment regarding the
15 criterion of JCC 18 .85.020 (1) , those limitations support a conclusion
16 that the site has unique restrictions.
17 2 . The criterion specified by JCC 18 . 85.020 (2) refers to the
18 personal circumstances of the applicant. As noted in Finding No. 7
19 above, the Applicant purchased the property with an approved septic
20 system and mobile home placed in accordance with restrictions in place
21 at the time. All subsequent events were outside the control of the
22 Applicant, except for the desire to replace a 25 year old single wide
23 mobile home with a double-wide unit. This criterion is met.
24 3. The criterion specified by JCC 18. 85.020 (3) states :
25 The granting of this variance will not serve to erode the purpose
of this ordinance.
26
27 a. The Staff is correct in framing the issue by quoting the
28 stated purposes of the zoning ordinance. The only reasonable relief
29 is the varying of the setback requirements to allow placement of the
William T. Kearney Variance Page 7 Findings, Conclusions
ZON97-0003 and Decision
1 mobile home within the remaining buildable area. Of the two setback
2 requirements, the public purposes are best served by retaining as much
3 of the front yard from Stark Road since it is a public road serving a
4 number of parcels . If the current RR-5 zoning is applied with equal
5 force, the easement road will amount to a private driveway serving
6 Parcel No. 821344023. A lesser setback from the easement would not
7 impact the public purpose as much as from Stark Road.
8 b. Given the discovery of the actual easement roadway location,
9 the Staff recommendation to negotiate for the purchase the 10-foot
10 strip is far more difficult than assumed and would constitute an
11 unenforceable condition.
12 4 . The criterion specified by JCC 18 . 85. 020 (4) refers to the
13 reasonable use of the property and impact on neighboring properties .
14 The Staff Comment suggests alternative placement or orientation of the
15 mobile home to minimize the extent of the variances. Placement in the
16 southwest sector of the lot is not feasible due the elevation below
17 the septic system; however, alternative orientation can reduce
18 impacts . A 30° counter-clockwise rotation of the proposed placement
19 of the mobile home as shown on the original Site Plan (Attachment B)
20 would place one corner into the Stark Road setback farthest from the
21 intersection and one corner into to easement road setback — also
22 farthest from the intersection. Such a location may be most desirable
23 in terms of view assuming conventional double-wide floor plans .
24 5. The Staff Comments for Criteria specified by JCC 18 .85. 020 (5-7)
25 are appropriate conclusions and are adopted herein.
26 6. The unique site conditions and property circumstance are not
27 readily transferable to other properties in terms of precedent. The
28 public is best served by allowing the Zoning Administrator to work
29
William T. Kearney Variance Page 8 Findings, Conclusions
ZON97-0003 and Decision
1 within the guidelines of this action in reviewing the actual siting of
2 a double-wide mobile home in the northeast corner.
3 7. The Department determined that the Zoning Code requires a 20 foot
4 setback from the easement. While the interpretation of the Zoning
5 Code is not before the Hearing Examiner, judicial note is taken of
6 some pertinent interpretation issues. The definition of front lot
7 line consists of two sentences. The first states that any property
8 line abutting a street (or easement) is a front lot line and must
9 meet front yard setback requirements. The second sentence appears to
10 clarify the first by addressing corner lots and lots with more than
11 one street frontage; in which case, the front lot line is the lot line
12 providing principal access. A side lot line is separately defined as
13 any lot line that is not a front or rear lot line or is any lot line
14 that intersects a front lot line.
15 If one follows a rule of statutory construction that all parts of
16 an ordinance must have a purpose, then the second sentence of the
17 front lot line definition would suggest that the Stark Road lot line
18 is the front lot line, and the side lot line definition would suggest
19 that the north line is a side lot line both because it is not the
20 principal access and because it does intersect the front lot line.
21 If the front lot line definition were read to mean that all lot
22 lines abutting a street were front lot lines, then the second sentence
23 would have no meaning.
24 There remains the meaning of the conjunctive phrase in the first
25 sentence of the front lot line definition: ". . . and shall meet the
26 minimum front yard setback requirements of this code. " The subject of the
27 sentence is "Front lot line" and would be read as :
28 "'Front lot line' means . . . and shall meet the . . . "
29
William T. Kearney Variance Page 9 Findings,Conclusions
ZON97-0003 and Decision
1 The `front lot line' that is ultimately determined to be the line will
2 be subject to the front yard setback. Judicial note is taken of this
3 analysis because the interpretation is not before the Examiner, but
4 the analysis shows that a 5-foot setback from the easement could be
5 the Code requirement and therefore would be a reasonable standard. A
6 Code standard is assumed to not have an adverse impact. Since the
7 official request is a variance from a setback of 20-feet, a 15-foot
8 variance to allow as little as a 5-foot setback should be acceptable.
9 DECISION
10 A variance from the setback requirements from Stark Road and the north
11 property line (easement) is hereby granted generally as requested by
12 William T. Kearney, subject to the following conditions:
13 1. A double-wide mobile home may be located within the northeast
14 corner of the subject property such that the closest corner of the
15 mobile home may be no less than 5 feet from the north property line
16 and the one corner no less than 15 feet from the Stark Road property
17 line. If the mobile home is located parallel to the two property
18 lines, the setbacks shall be at least 17 feet from Stark Road and
19 7 feet from the north property line.
20 2 . Orientation option shall be in scaled plan format showing mobile
21 home and parking, and shall be subject to approval by the Zoning
22 Administrator prior to the issuance of a permit to replace the
23 existing mobile home.
24 ORDERED this 27th day of March, 1997.
25
26 —
27
Iry Berteig
28 Hearing Examiner
29 ib
William T. Kearney Variance Page 10 Findings, Conclusions
ZON97-0003 and Decision
1 NOTICE:
2 A copy or notice of this Decision and Appeal Instructions was
3 transmitted by the Jefferson County Permit Center to the following:
4
5 Date Transmitted: L/ /- f
6
7 William T. and Shirley Kearney, 181 Stark Road, Port Ludlow, WA 98365
8 Ethel O'Donnell, 2102 E. Phinney Bay Dr. , Bremerton, WA 98312
9 Benson Wong, 211 Stark Road, Port Ludlow, WA 98365
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William T. Kearney Variance Page 11 Findings, Conclusions
ZON97-0003 and Decision