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HomeMy WebLinkAbout01 January NOTICE OF HEALTH BOARD MEETING TIME CHANGE The Jefferson County Board of Health has changed the time of their regular monthly meeting scheduled for Thursday, January 20,2000, at 2:30 p.m., to Thurs- day, Jar1JaIY20, 200Qat 1:30 p.m. atthe Hea/Ih and Human ServiceS Department. Next month the regular schedule for this ~ will be resl.ll16Ci, which is the third ThurSdaY of eact'I mon1h (FebrOary 17,20(0) from 2:30 p.m. to ~:30 p.m. at the Health and Human Sørvœs Depart- ment >i;,~ We¥. Chairman 1034M 1/19 Affidavit of Publication STATE OF WASHINGTON) SS COUNTY OF JEFFERSON) scon WILSON. being sworn, says he is the publisher of the Port Town:3end Jefferson County Leader, a weekly newspaper which has been established. published in the English language and circulated continuously as a weekly newspaper in the town of Port Townsend in said County and State. and for general circulation in said county for more than six (6) months prior to the date of the first publication of the Notic'3 hereto attached and that the said Port Townsend Jefferson County Leader was on the 27th day of June 1941 approved as a legal newspaper by the Superior Court of said Jefferson County and that anne);ed is a true copy of the Notice of Health Board mtg time change as it appeared in the regular and entire issue of said paper itself not in a supplement thereof for a period of 1 consecutive weeks, beginning on the~day of Jan ,20J)JL, & ending on the -1..9..- day of J an .20-º-º-.. and that said newspaper was regularly distributed to its subscribers durinoall of this period. That the full amount of $ 18.00 has been paid in full, at the rate of $9.50 ($9.00 for legal notices re- ceived electronic tion. Publisher Subscribed and sworn to Defore me this_~day of Jan 20~~ /) ì ¡J~ t.-JG¿~ ~L:~i¿~/~ -U-~i Public in and tor the State of Washington residing at Port Hadlock JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, January 20, 2000 Board Members: Dan Harpole, l\Iember - Cottn!y Commissioner DiJtrict # 1 Glen Huntingjòrd, j\;[ember - Coun!y Commissioner District #2 RÙhard fP o/t, Chairman - Coun!y CommiJSioner Distrid #3 Geqffrry Masci, A1ember - Port Townsend Cï!y Council .Jill Buhler, Member -ilo.rpital Commissioner Distriä #2 Jheila Westerman, Cïtizen at Large (Cï!J) Roberta Frissell, Vice-Chairman, Citizen at L,arge (Coun!J) Stqff Memben:' .Jean Baldwin, Nursing S erzices Director Larry T'qy, Environmental Health Director Tl.lOmas L()(;ke, MD, ilealth Officer Chairman Wojt called the meeting to order at 1 :38 p.m. All Board and staff members were present with the exception of Member Buhler. ELECTION OF 2000 CHAIR AND VICE-CHAIR Member Westerman moved to elect Roberta Frissell as Chairman. Member Masci seconded the motion, which carried by unanimous vote. Commissioner Harpole moved to elect Jill Buhler as Vice Chairman. Member Masci seconded the motion, which carried by unanimous vote. APPROVAL OF MINUTES Member Masci moved to approve the minutes of the December 16, 1999 meeting. Commissioner Harpole seconded the motion which carried by unanimous vote. PUBLIC COMMENTS Dr. Tom Locke introduced Guest, Samantha Hawk who is observing the meeting. She is entering medical school and considering a career in public health. OLD BUSINESS -- None NEW BUSINESS Environmental Health Policy on Buildin~ Additions. Repairs. and New Construction: Larry Fay said this agenda item is a follow-up to an issue that came before the Board of Commissioners in December 1999. Additional infonnation was requested on the appropriateness of looking at septic systems and to what degree the County inspects and evaluates older septic systems in conjunction with building pennit applications. The County has attempted to tie the current policy together with the 95 HEALTH BOARD MINUTES - January 20, 2000 Page: 2 State On-Site Sewage Regulations that broaden the definition of "expansion" without formally developing a clear policy statement. Larry Fay explained that difficulties arise when a permit application triggers a septic system inspection for an activity that may not be directly associated with the septic system. The inspection ensures construction is within the design capacity of the current on-site sewage system and determines there is an adequate reserve area. The two issues that need clarification in the policy are what information the Health Department needs so that staff can make a decision on the building permit and how to obtain that information. Member Westerman asked why owners would be surprised that the septic is reviewed? Since the County is on the way to state-mandated O&M maybe it could be explained that a building permit is one of several actions that triggers an inspection. Larry Fay said most people understand the practical need for an inspection to establish a functioning system. He does not think it is unreasonable to establish base line information, however, there is no clear identifying policy that specifies what information is necessary to make a decision about the building permit. Commissioner Harpole said he would like to see some distinction on the building permit between two types of situations: 1) verification that the permit has no connection with the drain field, and 2) a higher level of review for projects directly impacting the septic system. He asked if in the first situation the owner could be required to submit documentation demonstrating placement and other information that would satisfy the department. Larry Fay said most of the permits are not linked to immediate building plans but to property transactions. If there is a good chance the system is never going to get built, how urgent is a permit compared to a situation where someone already has the equipment on the property. Commissioner Huntingford asked about the possibility of soil logs? He does not believe the County is able to offer any security that property owners are going to be able to build. Larry Fay said the County should be able to come up with some reasonable statement about the soil based on current standards and whether or not they are permittable. The question is how to create a dependable process for all the parties involved. He feels it would be helpful to identify the level of assurance people need before buying property. Member Masci asked about the possibility of privatizing the verification and evaluation of septic systems? Larry Fay said the work of a state-licensed engineer is not accepted unquestioned. The County needs to verify that the design is appropriate for the limitations of a site. He believes there is a significant HEALTH BOARD MINUTES - January 20, 2000 Page: 3 percentage of designs that get returned for revisions to the design or based on a disagreement of their evaluation of the site. Commissioner Huntingford asked what authority the County has over any of those designers or engineers if they are licensed by the State? Larry Fay said County staff must be licensed or certified to do the work with at least the same competency as the licensed designer. Anybody that is going to be reviewing designs and issuing permits will have to demonstrate those qualifications. If there is a complaint, it goes to the Board of Registration for Professional Engineers which will make a decision based on their review of the work that person has done. Member Westerman said people believe if they have a permit, they are set forever. However, if development occurs and people put in curtain drains, soils can change. Short-term assurance might be possible dependent upon mother nature and the building patterns around the property. Commissioner Huntingford suggested coordinating the inspection of the system with the owner so that they do not have to reschedule filling after the inspection. Appeal Hearin2 - Ray and Liann Vines: Attorney Dennis Reynolds introduced himself, as well as Ray Vines and Dave Jensen from D.R. Strong Engineering. Mr. Reynolds said he filed a motion to vacate the prior decision of the Board of Health, made December 16, 1999, on the basis that they did not receive notice of the hearing. Larry Fay verified that notice did not go out. Commissioner Huntingford moved to void the Board of Health's action of December 16, 1999 to deny the appeal of Mr. Vines. Chairman Frissell seconded the motion, which carried by unanimous vote. Mr. Reynolds stated that under the Appearance of Fairness Doctrine, ex parte communications are prohibited. He is aware of a letter from David W. Alvarez Civil Deputy Prosecuting Attorney dated November 18, 1999, addressed to the Jefferson County Board of Commissioners which addresses Mr. Vines' situation. The letter was provided prior to the appeal filed on or about December 3, 1999. They are obligated to bring this issue to the attention of the three Board members who also serve as County Commissioners. He asked that on this appeal they disqualify themselves on the basis of that ex parte communication. Larry Fay said a Health Board quorum is four members, of which two must be County Commissioners. Mr. Reynolds suggested that this matter be moved to an independent hearing examiner for a final decision. He raised the additional concern of whether a decision of the existing Jefferson County hearing examiner is binding? His recommendation is to use a visiting hearing examiner of Clallam or Kitsap County. HEALTH BOARD MINUTES - January 20,2000 Page: 4 Dr. Tom Locke commented that it is not an option for the Board to delegate their authority to a hearing examiner. The authority of the Board of Health rests only with the Board of Health. Conflicts of interests happen routinely throughout the State. The duties of County Commissioners and Boards of Health overlap on a number of issues. Dr. Locke recommended taking note of Mr. Reynold's objections and moving forward with the appeal. David Alvarez said that in light of the fact that he wrote the letter, he does not know ifhe can give advice in that regard today. Although he is not sure whether he represents the Commissioners, he pointed out that a letter to Mr. Reynolds and the Commissioners is not in secret and may not be an ex parte communication. Commissioner Wojt asked Commissioners Harpole and Huntingford whether any communication that they have had with anyone concerning this issue is going to color their judgment of the decision to be made on the hearing today? Commissioner Harpole responded that from what he understands of the specifics of this appeal, he would not be influenced. Commissioner Huntingford said he does not believe Mr. Alvarez's letter would cause a problem for him at all. He feels all of the Commissioners are aware ofMr. Vines' situation with his lots and have been for some time. He believes all the Commissioners have met with Mr. Vines on different occasions-- maybe not specifically to the septic concerns, but with regard to Mr. Vines' property, in general. Commissioner W ojt agreed that given all the information he has reviewed, he does not feel he will have problem in dealing with this fairly. Mr. Reynolds asked that Mr. Alvarez's letter be stricken. It is his understanding it largely deals with prior zoning and other decisions that are not before the Board of Health and does not address the septic application. Larry Fay reviewed the list of attachments in the packet. The package that constitutes the staff report is essentially the same as what was prepared in the December meeting and did include the letter from David Alvarez. Commissioner Wojt asked to verify that the question before the Board of Health is whether the system could be put on Lot 2 and meet health conditions without regard to the fact that the location is what is really in question? Mr. Reynolds said they are prepared to present testimony that the septic application meets all the health requirements and would not pose a threat to public health and safety if placed on Lot 2. They are also prepared to address the issue that use of Lot 2 is permitted under the zoning code. They understand that zoning was the only reason for the denial. HEALTH BOARD MINUTES - January 20,2000 Page: 5 Larry Fay said placing the system on Lot 2 is not a constraint of on-site sewage regulations, either at the State level or in the County code. The constraint has to do with whether the placement of that commercial system on the residential lot is compatible with the County land use requirement. The essential question before the Board of Health is to determine whether staff was correct in applying the zoning standards. Commissioner W ojt asked if this is the place for this issue to be decided? If the system could be placed on Lot 2 and meet the health standards, then it is no longer a question of whether the Health Board has jurisdiction. It is a land-use decision for the hearing examiner. Larry Fay responded that the decision to issue the septic permit is a Health Department decision. An appeal of a septic permitting decision is a subject for the Board of Health. Is it a question of the correctness of the zoning decision or the interpretation of the zoning code, or is it a question of how staff has applied an apparent zoning restriction to not issue that permit? He believes it is the latter. Mr. Reynolds said his client is willing to take this issue to the hearing examiner. The only concern is that this is the only appeal process available on septic permitting. Member Westerman said she is uncomfortable moving forward in the discussion of this process without legal counsel especially with regard to the process and ramifications of striking a letter from counsel. Member Masci said the legal counsel for the Board of Health would be the Jefferson County Prosecuting Attorney. So, as he understands it, Mr. Alvarez's letter is privileged communication between attorney and client. He feels it is an advisory letter and that is how he interpreted it when it was included in the process. Member Masci feels striking Mr. Alvarez's letter is not relevant to the matter at hand today. Dr. Locke reiterated that the fundamental decision the Board of Health has to make in an appeal hearing is whether there was an error in the interpretation and application of the law as it involves this case. Commissioner Harpole said the issue is whether or not Health Department staff was correct in their interpretation. He asked Mr. Reynolds to state why his client feels the staff decision was incorrect. Mr. Reynolds said he would like a ruling on a motion to strike the letter. Member Masci moved to consider the Deputy Prosecuting Attorney's letter as advisory only. Chainnan Frissell seconded the motion, which carried by unanimous vote. Mr. Reynolds reviewed a list of 13 Exhibits one of which is Mr. Reynolds' letter to Mr. Alvarez, dated January 14,2000 (Exhibit 13). He asked that his letter be treated as advisory only. Larry Fay said the Board members do not have the entire packet to which Mr. Reynolds is referring. HEALTH BOARD MINUTES - January 20, 2000 Page: 6 Commissioner W ojt confirmed that two complete exhibit packets were received. One will be retained by the Health Department, the other by the Scribe. Mr. Reynolds explained the exhibits. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit l3 The denial to Mr. Vines, dated November 15, 1999 Memo regarding interpretations from the Assistant Planner of Jefferson County Decision ofthe hearing examiner, dated July 29, 1997, introduced because there are allegations that somehow this issue has already been raised and answered Mr. Reynolds response to David Alvarez, dated January 14, 2000 as a statement of law only, not as fact Letter, dated August 12, 1998, when we had a co-interpretation of septic in Lot 2. Letter, dated October 26, 1998, from the Board of County Commissioners to Mr. & Mrs. Vines Permitting approval examples for the use of off-site sewer on residentially-zoned lots to serve commercial uses on adjoining parcels that are zoned commercial Resume of their planning expert, Richard Marc Sepler Resume of David Jensen, D.R. Strong Engineering Application for septic approval 1997 request for variance, introduced to show Mr. Vines has never before today applied for septic on Lot 2 1997 letter explaining that the only request was for a setback. There was no request for septic Formal declaration from R. Marc Sepler, who was unable to attend this meeting Mr. Reynolds asked that all of the Exhibits be admitted at this time with the understanding that his letter should have no more weight than that of Mr. Alvarez. Mr. Alvarez stated that, the applicant makes a claim in Exhibit 7 which mayor may not be true. It is up to the Board to determine whether they are in fact situations where a residential lot is serving a commercial septage. Commissioner W ojt said the acceptance of the exhibit materials for the record is not acceptance of the material as fact until the evidence has been presented. Commissioner Harpole said that without a complete packet of information, he does not want to continue the discussion. Mr. Reynolds said his client does not object to coming back next month. Mr. Jensen was here today to present technical evidence on the compliance of the application with Board of Health rules and regulations. He asked if Larry Fay has conceded that it is not an issue? If there was not a zoning issue, the concession is clear that the application would have been approved from a technical Board of Health standpoint. HEALTH BOARD MINUTES - January 20, 2000 Page:? Larry Fay replied that the Health Department would have proceeded with processing the application. Mr. Reynolds said he has not heard, nor is the reason articulated here that there is a human health concern to deny the application. The concern is with the overall legality under the zoning code. If that is the case, he does not feel it will be necessary to present Mr. Jensen's testimony related to human health Issues. Commissioner Harpole moved that the hearing be rescheduled for the February Board of Health meeting and that staff create and distribute to the Board members a complete packet of information regarding this hearing. Member Masci seconded the motion for discussion. Dr. Tom Locke confirmed that he will invite the Jefferson County Prosecutor. Mr. Reynolds said if they supplement their exhibit list, he would do it in a timely fashion. Mr. Reynolds requested that the Community Development Director attend. Larry Fay requested Mr. Reynolds' material be received no later than February 9. The Chairman called for a vote on the motion which carried by unanimous vote. Commissioner Huntingford asked Mr. Reynolds if there is a copy of the CC&Rs. He requested that the planning staff, with the prosecutor's office, produce that information as part of the record. He sees that the issue comes down to the zoning and the CC&Rs and how those are being interpreted and he thinks it is a little out of the purview of this Board to be making a decision on the CC&Rs. Mr. Reynolds said they have briefed out the issue of whether an underground septic gets allowed in a residential zone and whether the CC&Rs have any relevance on the zoning code. Mr. Reynolds said, based on the court decision, the CC&Rs are still valid, but he does not see the CC&R as controlling in any way. Dr. Locke pointed out that the new on-site regulations deal extensively with the process to be used at hearings and clarifying issues of rules of evidence and procedure. That infonnation will be important when there are disputes over what information is relevant. Commissioner Wojt stressed that no one should discuss the proceedings outside the Board of Health meeting. Mr. Alvarez said he will plan to attend the next meeting and, although he can provide procedural advice, he cannot advise the Board on a decision. Legislative Update: Dr. Tom Locke distributed the letter the Board of Health requested at the last meeting that addresses the MVET funding issue. Commissioner Harpole moved that staff finalize the letter to Hargrove, Kessler, and Buck. Member Masci seconded the motion, which carried by unanimous vote. HEALTH BOARD MINUTES - January 20, 2000 AGENDA CALENDAR I ADJOURN Page: 8 APPEAL HEARING - RAY AND LIANN VINES - February LEGISLATIVE UPDATE YEAR 2000 SESSION - February (Dr. Tom Locke) AGENDA PLANNING - YEAR 2000 - February Meeting adjourned at 3:28 p.m. The next meeting will be held on Thursday, February 17 at 1:30 p.m. JEFFERSON COUNTY BOARD OF HEALTH ~SCi'::ber ~- (Excused Absence) Jill Buhler, Vice Chairman t;~ \0~~~ Glen Huntingford, Me r ¿)~ ~ ~ Dan Harpole, M~ Sheila Westerman, Member Cé. : rf'D I ¡. d- þo Please Publish one (1) time: Wednesday, January 19,2000 Bill: Jefferson County Commissioners P.O. Box 1220 Port Townsend, W A 98368 NOTICE OF HEALTH BOARD MEETING TIME CHANGE The Jefferson County Board of Health has changed the time of their regular monthly meeting scheduled for Thursday, January 20,2000, at 2:30 p.m., to Thursday. January 20. 2000 at 1:30 p.m. at the Health and Human Services Department. Next month the regular schedule for this meeting will be resumed, which is the third Thursday of each month (February 17,2000) from 2:30 p.m. to 4:30 p.m. at the Health and Human Services o ment. ~ -~..~ ~--- Erin Lundgren BOCC Office PO Box 1220 Port Townsend, WA 98368 & Human :) erVlCeS January 13,2000 To: Jefferson County Board of Health From: Tom Locke, MD, MPH, Jefferson County Health Officer Subject: Board of Health Meeting - Thursday, January 20, 2000 The next meeting of the Board of Health will be held on: Thursday, January 20,2000 1:30-3:30 PM Health Department Conference Room 3:30 - 4:30 PM Jefferson General Hospital Auditorium (Joint Meeting with Hospital District Board) Enclosed are a tentative agenda for this month's meeting, draft minutes of the last Board of Health meeting, agenda materials and the department's monthly media report. This month's agenda includes two action items. · Election of 2000 Chair and Vice-Chair: Pursuant to the Board of Health bylaws, a new chair and vice-chair are to be selected by a majority vote at the January Board meeting. · Appeal Hearing - Ray and LiannVines: (Action Item) (Please see enclosed material) Mr. and Mrs. Vines are appealing the denial of a redesign of their already-approved onsite septic system (SEP98- 0007). The redesign was denied based on conflicts with county zoning regulations. This appeal was originally scheduled for the Board's November meeting and was rescheduled to December at the applicant's request. The applicants did not attend the December meeting and the Board took action in their absence, conditional on the Board's understanding that applicants were adequately notified of the hearing. Subsequent staff review has detennined that the applicants were not adequately notified of the December hearing. Mr. and Mrs. Vines have received notification by direct communication and certified mail of the hearing scheduled for 1/20/00. Weare asking the Board to void their December decision and hear the appeal at the January meeting. · Environmental Health Policy on Building Additions, Repairs, and New Construction: (Action Item) (Please see enclosed material). Applications for building permits that involve significant expansion of a residence or commercial structure require review by Environmental Health staff to assure that the new construction will not adversely affect existing on-site sewage or drinking water systems. Reviews can be quickly perfonned when accurate, reliable infonnation is available about the location, design, and perfonnance of existing sewage and water systems. Unfortunately, there are many developed sites in Jefferson County for which this crucial infonnation is either incomplete or non-existent. Such situations often require time consuming site visits, searches for existing systems, and evaluation of system function. They also involve an added expense to the property owner. The consequence of failing to detect a forgotten underground system can be significant - expansions can be built over drainfields or distribution lines, heavy equipment or new driveways can damage underground pipes, or reserve drainfield areas can be rendered useless. Environmental Health has continuously sought more efficient and "consumer friendly" ways to carry out these essential review functions. EH staff will review where we are in this policy development process and implications for adoption of a comprehensive revision of the County's on-site sewage code. HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE 360/385-9400 FAX 360/385-9401 · Legislative Update, Year 2000 Session: (Information Item, possible Action): The 60 day "short session" of the Washington State Legislature for the 1999-2001 Biennium began on January 10, 2000. Even the most optimistic of legislative observers are bracing for a bitterly divided session in which legislators confront the substantial budget shortfalls in public health, transportation, and criminal justice that were created by 1-695. A top priority for local public health jurisdictions is restoration of the funding that was lost following MVET repeal. This funding originally represented the contribution of Washington State municipalities to the cost of providing public health services to city residents. In the mid-1990's part of the cities' share of MVET was reallocated to local health departments. In Governor Locke's budget, there is a proposal to restore this funding, effective July 1,2000, through a general expense fund appropriation. While very welcome, many concerns remain about the 10ng-tenn stability of this funding source. Other health issues likely to see significant legislative attention are: fluoridation, rural health care access, managed care "patient's bill of rights", and reallocation of tobacco settlement funds. 140 bills were introduced on the first day of the 2000 Session. Those with potential local health impact will be reviewed with the Board on January 20th. · Agenda Planning - Year 2000: In this season of New Year's resolutions (or, in keeping with Y2K hype, New Century's resolutions), January's meeting offers a good opportunity for the Board to review the issues it would like to deal with in the next year. The process for fmal review and adoption of the on-site sewage regulations awaits scheduling. Design and implementation of a needle exchange program is also a good candidate for inclusion in the Year 2000 workplan. Developing a 6 month calendar of issues and their Board hearing dates would be extremely helpful to public health and environmental health staff. A format for this will be discussed at the January Board meeting. · Joint Meeting of the Jefferson County Board of Health and Jefferson General Hospital Commission: At the December 30, 1999 Joint Board meeting, a commitment was made to continue the important community health partnership building efforts that have been started. Attached to this packet is a draft agenda for that meeting. This hour long meeting will be held at Jefferson General Hospital and will be followed by the regular biweekly meeting of the Hospital Commission. If you have any questions regarding the enclosed agenda, or any additions to the agenda. please call me at 385-9448. JEFFERSON COUNTY BOARD OF HEALTH Thursday, January 20, 2000 1:30 - 3:30 PM Health Department Conference Room 3:30 - 4:30 PM Jefferson General Hospital Auditorium (Joint Meeting with Hospital District Board) AGENDA I. Election of 2000 Chair and Vice-Chair II. Approval of Minutes of Meeting of December 16,1999 III. Public Comments IV. Old Business 1. (None) V. New Business 1. Appeal Hearing - Ray and Liann Vines (30 min) Larry 2. Environmental Health Policy on Building Additions, Repairs, and New Construction (15 min) Larry 3. Legislative Update, Year 2000 Session (15 min) Tom VI. Agenda Calendar - Year 2000 W orkplan (30 min) Tom VII. Joint Meeting with Jefferson General Hospital Board of Commissioners (60 min) VII. Adjourn Next Meetin~: February 17,2000 JEFFERSON COUNTY BOARD OF HEALTH I\.f't MINUTES O~~ Thursday, December 16,1999 Board Members: Dan Harpole, Member - Cot/1t!] Commissioner District # 1 Glen Huntin?fórd, Member - COlm!] Commissioner Distrid #2 Richard W l!it, Chairman - Coun!] Commissioner District #3 Gerijfrey ¡Yfasd, Member - Port Townsend Ci!] COlmdl Jill Buhler, ~vfember - Hospital Commissioner Distrid #2 Sheila Westerman (Ci!]J Roberta Frissell, Vice-Chairman, Citiz.en at Large {Coun!YJ S tqff Members: Jean Baldwin, Nursing Smices Director Larry FC!}, Environmental Health DireL10r Thomas Locke, MD, Health Officer DRAFT Chainnan Wojt called the meeting to order at 2:30 p.m. All Board and staff members were present With the exception of Commissioner Huntingford. APPROVAL OF MINUTES Member Buhler moved to approve the minutes of the November 23, 1999 meeting. Member Masci seconded the motion which carried by a unanimous vote. OLD BUSINESS i\'IYSTERY BAY SHELLFISH & i\'IOORING BUOYS UPDATE: Larry Fay stated that the Health Department is continuing to work with the State Department of Health on tracking the number of . mooring buoys in Mystery Bay. Presently there are approximately 20-30 boats anchored at Mystery Bay that are not pennitted, along with 20 or so that have pennits. The State Department of Health is concerned with the density of boats per acre and the impact to shellfish in that area. NEW BUSINESS APPEAL HEARING RE: Wll.LIAi\'1 SCHMITT: Canceled. TOBACCO PREVENTION AND CONTROL PLAN FOR WASHINGTON STATE: Dr. Locke reported that Washington State was the only State to put the money received ITom the tobacco settlement into health related areas. The State Legislature has set aside $100 million, over a 4 year period, to aggressively combat tobacco use among youth and to help those who are addicted to tobacco products. The appropriation was made prior to the passage ofI-695 and efforts to reduce the $100 million are highly possible. Dr. Locke presented a draft resolution supporting the need to keep the tobacco settlement funds for prevention and control programs, not to make up for funding shortfalls due to Initiative 695. HEALTH BOARD MINUTES - December 16, 1999 Page: 2 Commissioner Harpole asked what qualifies as prevention? Dr. Locke responded that it has to be based on verifiable best practices and proven kinds of strategies. Member Buhler pointed out that in the last paragraph of the draft resolution, the wordform should be from. Chairman Wojt said that in reading the draft resolution he doesn't feel that tobacco prevention will save 28,000 lives but will extend 28,000 lives. Dr. Locke suggested that the resolution be changed to read, '"tobacco prevention will prevent 28,000 premature deaths. . . " After discussion of the statistics of marijuana related deaths, Member Masci suggested deleting the word marijuana from the resolution. Commissioner Harpole moved to approve the resolution with the suggested changes. Vice-Chainnan Frissell seconded the motion which carried by a unanimous vote. MOTOR VEHICLE EXCISE TAX REPEAL. STATEWIDE PUBLIC HEALTH IMP ACTS: Dr. Locke reported that the elimination of the motor vehicle excise tax (MVET) has created a loss of over $400 million to local governments. Public health alone, will lose close to $26 million in 2000. Jean Baldwin stated that it is the perception of some people that local health agencies should cut out the "extras" or the programs that are "not needed." What is not understood is that funding for the "extras" are programmatic, meaning that state funds are to be used for specific programs. The programs that are County funded from the general fund and motor vehicle excise tax include communicable diseases, immunizations, sexually transmitted diseases, portions of family planning and portions of WIC. She said that the State Legislators need to realize there is not a lot of flexibility as to where cuts occur. After further discussion Commissioner Harpole moved to have staff draft a letter to State Legislators regarding the priority need of County Health Departments; request their support of the Governor's budget; and request they begin discussing long term funding strategies for public health. Member Masci· seconded the motion for discussion and amended the motion to include the letter be sent to the Hospital Commission, City Council, and Board of County Commissioners for their endorsement. Chairman W ojt amended the motion to include in the letter the constraints that Jefferson County faces. Commissioner Harpole accepted the amendments to his motion and included that additional infonnation concerning the recent problem in Jefferson County be attached to the letter. Chairman Wojt called for a vote on the motion which carried unanimously. Copies of the letter will be sent to the State Board of Health and Governor Locke. Member Masci stated he has concerns with possible State ferry cutbacks and the impact it could have on the transport of critically ill and traumatized patients to Seattle. He moved to prepare a letter from the Board of Health to the Hospital Commission supporting their efforts to stop the decrease of ferry runs. Commissioner Harpole seconded the motion which carried by a unanimous vote. HEALTH BOARD MINUTES - December 16, 1999 FOODBORNE OUTBREAK INVESTIGATION: Dr. Locke handed out and briefly discussed a synopses titled "Food-Related Illness and Death in the United States. " La Fa re orted that the recent foodbome outbreak in Jefferson County was an unregulated acti~ity .in wh~h t~ H~alth Department staff didn't have a preventative role in. Once the reports started rollmg m the Health Department responded quickly. Page: 3 Lisa McKenzie gave a timeline of the events that occurred. The Chimacum volunte~r firefighter appreciation dinner was held on Saturday, December 4, 1999 with over 100. people m attendance. On Monday, December 6th, the Chimacum Fire Department contacted the EnvIronmen~l Health Department indicating several people were having flu like symptoms. A complete menu of food Item~, where the food was purchased, and by whom was requested by Environmental Health Staff and avaIlable on Tuesday, December 7th. A questionnaire was given to the Chimacum Fire Hall on Tue~~y, December 1h to?e di~tributed to people who attended the dinner. By Wednesday, December 8 ,55 completed questIonnaIres had been received with the rest interviewed by telephone. On Wednesday, December 8th seven stool samples were sent to the State lab for testing. Six of the seven tested positive for the Norwalk-like Virus. A new questionnaire was drafted and sent out to gather additional information. Commissioner Harpole asked if the virus was narrowed down to one or two foods that were carrying the disease? Lisa McKenzie replied that àll of the information is not compiled and will be ready next week. Larry Fay stated that the Norwalk virus is passed from person to person very easily and has been associated with a number of large-scale outbreaks in the United States. Vice-Chairman Frissell asked what can be done to prevent this or any other type offoodbome outbreak from occurring? Larry Fay replied that a statewide policy is being proposed which would require the use of gloves to handle prepared food. Member Masci suggested creating a policy requiring a permit for a function with food provided for more than 25 people. He feels it would be more of an educational tool. A list of proper food handling techniques could be provided with the permit. Larry Fay said he doesn't know if the Health Department has the capacity to enforce a policy of this nature when they are busy enforcing State regulations. Vice-Chairman Frissell suggested that the organization or group planning a party could designate one person to be responsible for food handling and preparation. Member Buhler also suggested and volunteered to contact Safeway to see if there is interest in jointly creating educational material concerning proper food handling procedures for public distribution. Jean Baldwin stated that an advertising campaign will be drafted and put on the agenda for the January Health Board meeting. HEALTH BOARD MINUTES - December 16, 1999 Page: 4 APPEAL HEARING - RAY VINES: Mr. Vines and his representative were not present. Larry Fay said this is a zoning issue and Mr. Vines may just be going through the legal steps to appeal to a higher level which is Superior Court. After discussion, Commissioner Harpole moved to accept staff recommendation to deny this appeal and stated that if Mr. Vines was not properly noticed of the appeal hearing, the Health Board will consider his appeal at the January meeting. Member Westerman seconded the motion which carried by a unanimous vote. AGENDA CALENDAR/ ADJOURN ~ JOINT HOSPITAL COMMISSIONERS AND HEALTH BOARD MEETING - December 30, 1999 ri] APPEAL HEARING Possible - Ray Vines - January (Larry Fay) ~ INFORi\1ATIONAL UPDATE OF SEPTIC PERMIT ISSUES - January (Larry Fay) ~ FOOD HANDLER INFO~IAT!ON MATERIAL - January Meeting adjourned at 4:30 p.m. The next meeting will be held on Thursday, January 19,2000. (NOTE: The January 19th meeting will be held from 1 :30 p.m. until 4:30 p.m. at the Jefferson County Health Department. The last hour of the meeting will be a continued discussion with Hospital Commissioners. ) JEFFERSON COUNTY BOARD OF IffiAL TH Richard W ojt, Chainnan Geoffrey Masci, Member Roberta Frissell, Vice-Chainnan Jill Buhler, Member (Excused Absence) Glen Huntingford, Member Sheila Westerman, Member Dan Harpole, Member JEFFERSON COUNTY BOARD OF HEALTH Agenda Item Information/Description .... Regular Business FOR MONTH OF: January, 2000 1. Description __ a brief description of the agenda item: Please include project, road, contract, grant, etc. number if one is available for the Commissioner Index. Appeal Hearing- SEP 98-0007. Application for design change was denied by Environmental Health Staff. 2. Issue -- a short outline of the issue: including policy issue falls within; strategy or objective issue supports; key reference areas (Iaw/policy/regulation): SEP 98-0007 was issued in 1998 to Mr. Vines. The septic system was designed for an automotive detailing shop. The approved design places the entire septic system on lot 1, Melwood Terrace. A redesign was submitted by Mr. Vines in the spring of 1998. The redesign included provisions to enlarge the septic system by placing the drainfield component on the adjacent residential property, lot 2, Melwood Terrace. Mr. Vines was informed that the design change could not be approved without written confirmation from Jefferson County Community Development the placement of the commercial septic on residential land is consistent with county zoning. The redesign request was forwarded to planning for review and no further action was taken. In November Mr. Vines submitted another redesign that places the drainfield component on lot 2. Again the redesign includes provisions to enlarge the capacity of the septic system. Again the matter was referred to planning. On November 18, 1999 this office received the attached memo form Michelle Grewell of the planning department and the attached letter from David Alvarez to Mr. Vines' attorney. The letter and memo summarize decisions of the county hearings examiner, Kitsap County Superior Court and the Growth Management Hearings Board and point to the conclusion that placement of the commercial septic on the residential lot would be contrary to county zoning. Based largely on Mr. Alvarez letter and recommendation, the redesign proposal was denied. Mr. Vines was notified in writing and has requested the Board of Health hear his appeal of the decision. The Board of Health reviewed this case during the December meeting. Because it was unclear whether Mr. and Mrs. Vines and their attorney had received sufficient notice to attend the hearing, the Board conditioned their action. The Board denied the appeal with the condition that the appellant could request that the Board rehear the case. The appellant has indicated they did not receive notice of the December hearing and have requested that the Board hear their appeal during the January meeting. Additionally the appellant has asked the board formally vacate any decision entered during the December meeting and conduct a de novo hearing in January. 3. Specific Departmental Recommendation -- why was the action recommended and what would be the impact of not taking the action: What specific action is necessary by the BOH approval- adoption - deny - remand back to department. There are two actions recommended. The first is to vacate the decision made during the December Board meeting. The second is to deny the application for appeal. The basis for denial is spelled out in detail in letter from David Alvarez to Dennis Reynolds dated 11/18/99. 1 2 3 4 ~ t. 0 t.' t. G ~ ~~~Ç) \l J~~ \ . 0~\i CO ~~\. ~~tt. \~ Q ~~~\. 5 6 BEFORE THE JEFFERSON COUNTY BOARD OF HEALTH 7 In re the matter of: NO. SEP98-0007 8 RAYMOND and LIANN VINES, APPELLANTS' MOTION TO VACATE 9 DECISION 10 11 Raymond and Liann Vines, appellants herein, move the Jefferson County Board of Health for an 12 order to vacate its decision entered on Monday, December 20, 1999, in the captioned matter. 13 Mr. and Mrs. Vines were entitled to notice of the hearing on their appeal, but as shown in the 14 declarations of Raymond Vines, Karen B. Hall and Dennis D. Reynolds, such notice was never provided 15 or received. Mr. and Mrs. Vines have a statutory and constitutional right to actual notice of any hearing 16 held or conducted on their appeal. 17 The Jefferson County Land Use Procedures Ordinance, No. 04-0828-98, effective September 28, 18 1998, applies to certain specified land use applications. Although an application for off site septic is not 19 explicitly specified, Section 6(d) states that the County will follow the procedures in the Land Use 20 Application Procedures Ordinance. It appears that Jefferson County is doing so in the captioned appeal. 21 Ordinance No. 04-0828-98, Sec. 13(D)(l)( c) specifies that an "appellant" is entitled to mailed notice of 22 the time and place of hearing. 23 The Rules of Procedure for Proceedings Before the Examiner and Board of County 24 Commissioners of Jefferson County, Washington, Section 5.2 states that, Mr. and Mrs. Vines have a 25 right to be provided notice. Section 7 of the Procedures states that notice must be provided, and that "an 1054815.1 () n i G P·· i"p" , Lš '"'''' -', . l l' \ lor.,,', -, ~ ~ ~ ~ '>:; Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 APPELLANTS' MOTION TO VACATE DECISION - 1 - 1 affidavit attesting to the notice given of a hearing (including dates and places of publication and list of 2 those mailed to) shall be part of each official case record." 3 The facts and circumstances demonstrate that no such affidavit attesting to notice was filed with 4 the Board of County Commissioners at the time it took up Mr. and Mrs. Vines' appeal, without notice, 5 on Monday, December 20, 1999. 6 F or the reasons stated herein, as well as the facts and circumstances specified in the Declarations 7 of Raymond Vines, Karen L. Hall, and Dennis D. Reynolds, the Appellants' Motion to Vacate should be 8 granted. 9 RESPECTFULLY SUBMITTED this ~ day of January, 2000. 10 WILLIAMS, KASTNER & GIBBS PLLC 11 By C.0 ~ ~ ~..A-- Dennis D. Reynolds WSBA #04762 12 13 14 15 16 17 18 19 20 Attorneys for Appellants Two Union Square 601 Union Street, Suite 4100 P.O. Box 21926 Seattle, W A 98111-3926 (206) 628-6600 21 22 23 24 25 APPELLANTS' MOTION TO VACATE DECISION - 2 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1054815.1 1 2 3 4 5 6 BEFORE THE JEFFERSON COUNTY BOARD OF HEALTH 7 In re the matter of: NO. SEP98-0007 8 RAYMOND and LIANN VINES, APPELLANTS' MOTION TO VACATE 9 DECISION 10 11 Raymond and Liann Vines, appellants herein, move the Jefferson County Board of Health for an 12 order to vacate its decision entered on Monday, December 20, 1999, in the captioned matter. 13 Mr. and Mrs. Vines were entitled to notice ofthe hearing on their appeal, but as shown in the 14 declarations of Raymond Vines, Karen B. Hall and Dennis D. Reynolds, such notice was never provided 15 or received. Mr. and Mrs. Vines have a statutory and constitutional right to actual notice of any hearing 16 held or conducted on their appeal. 17 The Jefferson County Land Use Procedures Ordinance, No. 04-0828-98, effective September 28, 18 1998, applies to certain specified land use applications. Although an application foroffsite septic is not 19 explicitly specified, Section 6(d) states that the County will follow the procedures in the Land Use 20 Application Procedures Ordinance. It appears that Jefferson County is doing so in the captioned appeal. 21 Ordinance No. 04-0828-98, Sec. 13(D)(1)(c) specifies that an "appellant" is entitled to mailed notice of 22 the time and place of hearing. 23 The Rules of Procedure for Proceedings Before the Examiner and Board of County 24 Commissioners of Jefferson County, Washington, Section 5.2 states that, Mr. and Mrs. Vines have a 25 right to be provided notice. Section 7 ofthe Procedures states that notice must be provided, and that."an APPELLANTS' MOTION TO VACATE DECISION - 1 1054815.1 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1 affidavit attesting to the notice given of a hearing (including dates and places of publication and list of 2 those mailed to) shall be part of each official case record." 3 The facts and circumstances demonstrate that no such affidavit attesting to notice was filed with 4 the Board of County Commissioners at the time it took up Mr. and Mrs. Vines' appeal, without notice, 5 on Monday, December 20, 1999. 6 For the reasons stated herein, as well as the facts and circumstances specified in the Declarations 7 of Raymond Vines, Karen L. Hall, and Dennis D. Reynolds, the Appellants' Motion to Vacate should be 8 granted. 9 RESPECTFULLY SUBMITTED this ~ day of January, 2000. 10 WILLIAMS, KASTNER & GIBBS PLLC 11 12 13 14 15 16 By C.0 . ~ Q..,..A- Dennis D. Reynolds WSBA #04762 Attorneys for Appellants 17 18 19 20 21 22 23 24 25 Two Union Square 601 Union Street, Suite 4100 P.O. Box 21926 Seattle, WA 98111-3926 (206) 628-6600 APPELLANTS' MOTION TO VACATE DECISION - 2 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1054815.1 1 2 3 4 5 6 RECEIVED JAN 1 2 2000 JEFF. COUNTY HEALTH DEPT. BEFORE THE JEFFERSON COUNTY BOARD OF HEALTH 7 In re the matter of: NO. SEP98-0007 8 RAYMOND and LIANN VINES, DECLARATION OF DENNIS D. REYNOLDS 9 IN SUPPORT OF MOTION TO VACATE 10 11 I, Dennis D. Reynolds, say: 12 1. I have personal knowledge ofthe facts and circumstances contained in this declaration. I 13 am competent to testify to the matters asserted herein. 14 2. I have been retained by Raymond and Liann Vines, appellants in the captioned matter, to 15 represent their interests in this appeal. 16 3. Attached hereto as Exhibit 1, by reference and made part of this Declaration, is a true and 17 accurate transcription of a voice mail I received from Mr. Larry Fay, Jefferson County Environmental 18 Health, on Tuesday, December 21, 1999. 19 4. To the best of my knowledge, neither Williams, Kastner & Gibbs PLLC, or our clients, 20 Ray and Liann Vines, were ever informed ofthe date of the appeal hearing in the captioned matter until 21 we received a letter dated December 29, 1999, as well as Mr. Fay's phone message of December 21, 22 1999. (The referenced letter is annexed as Exhibit 1 to the Declaration of Karen L. Hall. 23 5. On December 28, 1999 the undersigned filed a public disclosure report with the Jefferson 24 County Board of Health requesting all "staff reports, exhibits or other written materials provided to the 25 DECLARATION OF DENNIS D. REYNOLDS IN SUPPORT OF MOTION TO VACATE - 1 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1054814.1 o RIG I t'~ A t_ 1 Commissioners" in the captioned appeal. A true and correct copy of the public disclosure request is 2 annexed hereto as Exhibit 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 6. On December 30, 1999, a response to the public disclosure request was received. That response does not include any affidavit attesting that notice of the December 20, 1999 hearing was provided to our firm or to Mr. and Mrs. Vines. The foregoing statement is made under penalty of perjury under the laws of the State of Washington and is true and correct. Signed at Seattle, Washington, this ~ day of January, 2000. ~ .~~~ v Dennis D. Reynolds 22 23 24 25 DECLARATION OF DENNIS D. REYNOLDS IN SUPPORT OF MOTION TO VACATE - 2 1054814.1 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 VOICE MAIL FOR RAY & LlANN VINES, FILE NO. 89670.100 Dennis, this is Larry Fay with Jefferson County Environmental Health. I'm at (360) 385- 9436. It is 8:30 Tuesday morning, December 21. I am calling you regarding the appeal with the County Board of Health on Ray and Liann Vines. We had a Board of Health meeting on Thursday last week. You nor Ray Vines was at the meeting, and we had intended to conduct a hearing on the appeal. I'm calling to see if you had received the agenda and time for the meeting and if you didn't come deliberately or if you didn't receive the notice and that's why you weren't present. On Thursday the Board did go ahead and hear the appeal, denied the appeal based on the zoning restrictions. However, they did put a caveat in there as we were uncertain as to whether or not you had actually received the notice of the meeting, and they would provide an opportunity for you and Mr. Vines to approach the Board of Health at a future date. I will send a follow up letter to you outlining both things, but I wanted to touch bases with you by phone a little quicker than I could do by mail. So please give me a call and let me know what your intentions are with this and we'll go from there. Again, (360) 385-9436. Thank you. 1053203.1 EXHIBIT 1 .. W~Kastner&Gibbs PILC LAW FIRM Dennis D. Reynolds Attorney at Law (206) 233-2924 dreynold@wkg.com Two Union Square 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 P.O. Box 21926 Seattle, Washington 98111-3926 Telephone (206) 628-6600 FAX (206) 628-6611 December 28, 1999 49670.100 VIA FACSIMILE: 1-360-385-9401 Jefferson County Board of Health c/o Larry Faye, Director 615 Sheraton Department of Environmental Health Port Townsend, W A 98368 Re: Appeal-Ray and Liann Vines (#972-000-001 and 002, SEP 98-0007) Dear Mr. Faye: Per our discussion of Tuesday, December 21, 1999, I had expected a Notice of Hearing for the appeal of Ray and Liann Vines filed on December 1, 1999. You stated that the hearing is now set for January 20,2000 at 2:30 p.m. in the afternoon before the Jefferson County Board of County Commissioners acting as the Commissioners for the Board of Health. Would you please provide written notice to our firm and directly to our clients. We request pursuant to the Public Disclosure Law, RCW Ch. 42.17, a copy of the tape of the hearing held without notice to Mr. and M~s. Vines, apparently on December 20, 1999. We also request copies of any and all staff reports, exhibits or other written materials provided to Commissioners. Further, if there is a written decision entered (which must be vacated because the lack of notice) we request a copy of that decision. Please expedite disclosure of these particular public records. We also request for inspection and review Board of Health files for 1995-1999 on all single- family residential and corrimerëial properties issued on-site (or off-sitê) septic approval(s). 1052380.1 Seattle Tacoma EXHIBIT 2 .. Jefferson County Board of Health December 28, 1999 Page 2 I would be happy to execute any public disclosure form requested by the Jefferson County Board of Health. We also certify our ability and willingness to pay the costs of the requested public records. Finally, in order to avoid the expense of filing a motion to vacate the decision in the Vines appeal for want and notice, we would appreciate a written letter indicating any decision entered against the Vines is wholly vacated and the commissioners will hold a de novo hearing on January 20, 2000. We reiterate our willingness and ability to provide declarations from our clients and our firm stating that no notice ofthe December 20, 1999 hearing was received as required under the Local Project Permit Review Act, RCW Ch. 36.70B, and local ordinance. Thank you for your attention to these comments and our requests. Very truly yours, WILLIAMS, KASTNER & GillBS PLLC \;) _ OtJ I'~ Dennis D. ReynOld~ DDR:wpc cc: Ray and Liann Vines P.S. Once the public records are available, please call my office. I will have Mr. Vines pick up the materials directly and pay for the costs of provision of the requested records. Mr. Vines will inspect the septic approval files. 1052380.1 1 RECEIVED JAN 1 2 2000 JEFF. COUNTY HEALTH DEPT. 2 3 4 5 6 BEFORE THE JEFFERSON COUNTY BOARD OF HEALTH 7 In re the matter of: NO. SEP98-0007 8 RAYMOND and LIANN VINES, DECLARATION OF KAREN L. HALL IN 9 SUPPORT OF MOTION TO VACATE 10 11 I, Karen L. Hall, say: 12 1. I have personal knowledge of the facts and circumstances contained in this declaration. I 13 am competent to testify to the matters asserted herein. 14 2. I am a secretary employed by the firm of Williams, Kastner & Gibbs PLLC. I am 15 responsible for providing administrative assistance to Dennis D. Reynolds. 16 3. Ray and Liann Vines, appellants herein, are clients of our firm. Mr. Reynolds is retained 17 to provide legal services to Mr. and Mrs. Vines in the captioned appeal. 18 4. Williams, Kastner & Gibbs PLLC has a formal system to log in and calendar all hearings. 19 First, the secretary is responsible for reviewing all incoming correspondence, notices and other 20 pleadings. I receive everything involving matters handled for Mr. Reynolds' clients, in this instance, 21 Ray and Liann Vines. I note hearing dates on both my personal calendar and Mr. Reynolds' personal 22 calendar. I also then prepare and place into our Critical Events Calendar the hearing date, with client 23 and file number. 24 5. I received nothing from Jefferson County and/or the Jefferson County Health and Human 25 Services regarding a hearing for Raymond and Liann Vines. If I had received any correspondence or 1054811.1 OR'Glt"~AL Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 DECLARATION OF KAREN L. HALL IN SUPPORT OF MOTION TO VACATE - 1 1 notices establishing a hearing for Mr. and Mrs. Vines, I would have placed the hearing date on my 2 personal calendar, on Mr. Reynolds' personal calendar, and also on our firm's Critical Events Calendar. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6. The only correspondence I received informing of a hearing in the Vines matter is dated December 29, 1999. A true and accurate copy of the correspondence is annexed hereto as Exhibit 1 and by reference made a part of this Declaration. This correspondence provides notice of a hearing to be held on January 20,2000. The foregoing statement is made under penalty of perjury under the laws of the State of Washington and is true and correct. Signed at Seattle, Washington, this ~ day of January, 2000. ~t\~N'-i, ~~ Karen L. Hall DECLARATION OF KAREN L. HALL IN SUPPORT OF MOTION TO VACATE - 2 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1054811.1 County Health & Human Services December 29, 1999 Dennis D. Reynolds Williams, Kastner and Gibbs PLLC. P.O. Box 21926 Seattle, WA. 98111-3926 RE: Appeal Hearing-Ray Vines SEP 98-0007 Dear Mr. Reynolds, This letter is a follow up to our phone conversation of last week and an acknowledgement of your letter of 12/28/99. It is my understanding that neither you nor Mr. Vines received notice of a Board of Health hearing in December prior to the December 16 meeting. During the review of the appeal in the December meeting the Board noted that neither you nor Mr. Vines was present and questioned whether you had received notice. The Board did hear and deny the appeal but conditioned their decision on the assumption that you had received notice. The Board also indicated that the case would be reheard if you had not received adequate notice and that you requested another hearing. Based on your December letter an appeal hearing has been scheduled with the Jefferson County Board of Health during their regular January meeting. The meeting will be held on January 20th, 2000 at 2:30 p.m. at the Health and Human Services Department. The department is located at 615 Sheridan Street in Port Townsend, Washington. Attached are the written materials that were prepared for the Board for the December hearing. A copy of the meeting tape will be forth coming as will draft minutes as soon as they are available. I am forwarding your request for inspection and review of all files on single family and commercial onsite and off site septic approvals from 1995-1999 to the Jefferson County Permit Center. There are on the order of 800 to 1000 files so pulling and copying will take some time. Charges for those copies will be billed by the Center. Final1y this office cannot vacate the decision of the Board, therefore a written letter cannot be provided at this time. I can reiterate that the Board indicated that they would rehear the case if you had not received notice. Please feel free to contact this office if you need further assistance. S!nc¡t)~ly, D -:::J- . iJ ~. 'r Environmental Health Director cc. Ray and Liann Vines EXHIBIT 1 HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE 360/385-9400 FAX 360/385-9401 1 2 3 RECEIVED JAN 1 2 2000 JEFF. CUUN ¡"f HEALTH DEPT. 4 5 6 BEFORE THE JEFFERSON COUNTY BOARD OF HEALTH 7 In re the matter of: NO. SEP98-0007 DECLARATION OF RAYMOND VINES IN SUPPORT OF MOTION TO VACATE 8 9 10 11 12 13 RAYMOND and LIANN VINES, I, Raymond Vines, say: 1. I have personal knowledge ofthe facts and circumstances contained in this declaration. I 14 am competent to testify to the matters asserted herein. 15 16 17 18 19 20 21 22 23 24 25 2. I am an appellant in the captioned matter pending before the Jefferson County Board of Health. I have retained Williams, Kastner & Gibbs PLLC, Dennis D. Reynolds, to represent my interests in the appeal. 3. On December 13, 1999 I went to the Jefferson County Health Department to look up some infonnation. On that date, I had a brief conversation with Linda Atkins of the Health Department. I also talked with Al Scalf. Mr. Scalf is the Planning Director for Jefferson County. When talking with Mr. Scalf, I did suggest that it may be inappropriate for the appeal to go through the health department since there were no septic rules or regulations prohibiting what was proposed, which is to place an underground septic system on lot two of the plat ofMelwood Terrace to serve a commercial development located on lot 1. (Both lots 1 and 2 are owned by my wife and myself.) DECLARATION OF RAYMOND VINES IN SUPPORT OF MOTION TO VACATE - 1 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1052869.1 ORI Gi t:~AL 1 4. On December 13, 1999, Mr. Scalf stated that the appeal could possibly go through the 2 Office of Hearing Examiner. He said that he would check on this and call me back within a few days. 3 He never called me back. 4 5 6 7 8 9 10 11 12 5. Neither Al Scalf nor Linda Atkins informed me of the date of the appeal hearing. I was not informed by mail or any other way. The foregoing statement is made under penalty of perjury under the laws of the State of Washington and is true and correct. Signed at Port Townsend, Washington, this 31 day of December, 1999. Raßo~s V~~ 13 14 15 16 17 18 19 20 21 22 23 24 25 DECLARATION IN SUPPORT OF MOTION TO VACATE - 2 Williams. Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1052869.1 01/12/00 15:~3 FAX @.QQL '-..- . ~ \Villiams, Kastner & Gtòbs PLLC Dale: January 12, 2000 RECEIVED JAN 1 2 2000 JEFF. COUNTY HEALTH DEPT. LAw FIRM Two Union Squue 601 Union StreCT, Sui~ 4100 Sea1tle, Washington 98101.2380 P.O. Box 21926 Seattle, Washm¡¡to11981 {-3926 Telephone (206) 628.6600 FAX (205) 628-6611 ~"~~~!~"1~",)if!~1~~~'" ·i'~31'~J·'j~"·'·'¡I~"-'K·~~·'..1\ ~ t;r~ . ,¡W 'i::,J;t, :' "\ . (". *~~)(' l:tr~~!·:ti\~~'~ -: ~~. ¡ï11'. ~. .'1 ,,,', '.,.. .: . "",!S, ~.\ ...ÚÌJ..~.:¡S.¡ ,K!RI.. ",1J,,~MIt1!~\~ Fil~ No. 89670. 100 File Nam~: Ray and Ljlllm Vines To; Larry Faye Jefferson County Dept ofI!eaJth wmpan)l' ?'AX No. Telephone No. (360) 385·9401 (360) 385-9400 pages. which incl\là~ Ihis cover sheet, are bein~ sent to you. Our FAt" telephone: fl1lmberis (206) 628-6611. If for some ,reaSOn you do not recei\ie all ofthc pages or tr.msmission i$ not clear, please call our PAX operator at (206) 233.2920. P~GEDANDCONnDENTIAL A'ITORNEY WORK PRODUCT/ATTORI'ŒY-CLJENT COM.I\roNICATIONS This facsimile message: is attorney privileged and c:onfidâ1tid and is intended solely for the we of t!le individual named aböv~. If you Are :lot the intended recipient, or the person responsible to deliver il to the intcnded recipient, you &Il'C hereby advised tb.at any dissemination, distribution Or copyin~ of this communicatiOll is p:ohibited. Ifyo"U have reeeh'ed this FAX in error, please Í11lmcdiately notifÿ Ûl.c 5Cr.der by telephone and return the original FAX message to the stIldcr by U.S. mail. Faxed herewith you will find letter to you dated January 12, 2000 with Hearing Memorandum. HARD COPY: Q TO FOLLOW 0 RETAINED From DcJmú D. Reynolds Williams. Kastner & Gibbs PLLC 01/12;00 15:44 FAX ~0.q2 -- - Williams,Ka..~&6i1Ds PLLC LAw FIIUI Del1l1is D. Reynolds Atto,.ney at Law (206) 233.2914 dr~lcl@wkg.com two Union Square 601 Union Street, Suite 4100 Seattle, WuhinglOn 98101-2380 P.O. Box 21926 . Seattle. Washington 98111.3926 Tel<.-pbone (2Q» 628-6600 FAX (206) 628-6611 January 12,2000 89670.100 \'lA FACSIMILE: (360) 385-9401 Mr. Lany D. Fay, Ir. Environw.ental Health Director Jefferson County Health and Human Services Castle Hill Center 615 Sheraton Port Townsend, W A 98368 RECEIVED JAN 1 2 2000 JEFF. COUNTY HEALTH DEPT. Re: Appeal Hearing - Ray Vines SEP98-0007 Dear 1vIr. Fay: Enclosed for filing with the Board of Health is the faxed original of Appellants' Hearing Memorandum. We have today sent via Federal Express Priority Overnight Mail an original and four copies of the Hearing Memorandum. Please note that attached to the Hearing Memorandum is a list of appellants' exhibits. We presume the procedure is to bring the exhibits to the hearing and ha....e them introduced at that time. However, if the Board desires to review the exhibits prior to hearing, please advise, and we will forward copies of the exhibits by separate cover. Thank you for your attention to this matter. Verj truly yours, \VILLIAMS, K.A.8TNER & GIBBS PLLC ~ _~0,\J~ Dennis D. Reyno{;:-1 DDR:wpc Enclosures 1055396. ¡ Seatlle Tacoma Ul/1Z/00 15:44 FAX ~003 Mr. Larry D. Fay, Jr. January 11, "2000 P a.ge 2 cc: Ray Vines (w/encL) Rick Seplar. Madrona Planning (w/encl.) David Jensen, D.R. Strong Engineering (w/encl.) tOSS396.! Ql/1Z/OO 15;~4 FAX @004 RECEIVED JAN 1 2 2000 JEFF. COUNTY HEALTH DEPT. 2 3 4 5 BEFORE THE JEFFERSON COUNTY BOARD OF HEALTH 6 7 In re the matter of: 8 RAYMOND and LIANN Vlli"ES, 9 10 11 12 NO. SEP98-0007 APPELLANrS' HEARING MEMORANDUM I. INTRODUCTION On November 19, 1999, the Jefferson County Health and Human Services Department denied 13 petitioner Ray Vines' revised application for an onsite sewage system on Lot 2 of the Melwood Terrace subdivision to serve a commercia.l office building on lot 1.1 The reason given for this denial was that the Department of Community Development (ceDCD") had notiñed the Health Department in a memorandum that the ''revised application... does not comply with zoning requirements." ~ Letter· from Linda Atkins of November 19,1999, attached as Exhibit 1. The Health Department letter enclosed a copy of tms memo and explicitly refmed to the DCD memo in its decision. The memo from the Department of Community Development stated, in its entirety: 14 15 16 17 18 19 20 This memo is to cla..";fy that the Jefferson County H~aring Examiner made a decision on July 29, 1997. to deny a variance request 1i'om Ray Vin:s regarding septic instalZation on Lot 2 ofMelwood Terrace Subdivision. The Hearing Examiner Decision was not appealed by Mr. Vines. Until such time that Lot 2 is re-l;oned to commercial, a septic system cannot be utilized to support commercial activity/uses for Lot l. Memorandum ftom Michelle Grewell, Assistant Planner, to Lin~ Atkins of November 18, 1999 (attached as Exhibit 2). (Hereinafter. "Memo,") 21 22 23 24 2S I 1å1: Application is Appellants' Exhibit 10. APPELLANTS' HEARING MEMORANDUM - 1 Wi.hlm., Kastner & Gibbs PLLC Two l'nion SqUIf'Ç, Suitç 4100 Mail AcJdrus: P.O. Box. 21926 S~e. Wasmn¡¡ton 98111·3926 (206) 629-6600 1054821-1 Oli12(1)1) 15:H F.U I(tJ005 1 Tlùs Memo, which was the basis of the Health Department's denial of Vines' revised 2 application. erred. The Hearing Exammer decision referred to in the Memo did nm concern a requ:st 3 for a variance "regarding septic installation on Lot 2," but rather addressed a request for a variance .nom 4 the setback requirements of the Jefferson County 2:oning code. While the hearing exanúner, for 5 unknown reasons, chose to spend several pages discussing the septic system issue under the heading 6 "Use Variance,,,2 that discussion conc~ed an issue that was not before the hearing examiner, was not 7 raised by the parnes, and was not nec.essary to a decision on the issue that was before the hearing 8 examiner. the request for a setback variance. Therefore, this discussion of the septic issue was pure 9 dictum. an advisory opinion, not binding on future decisions, and cc:rta.inly not res judicata on any issue to other than the setback variance. 11 II. SUMMARY OF ARGUMENT 12 If it is properly understood that the "matter before the Board" has not been already asked and 13 answered, it is obvious that the appeal on its merits must be granted. First, it will be conceded by the 14 health officials at hearing, and shown in the testimony ofD.R Strong Engineering, that there is no 15 public health and safety reason or provision of the health ordinances which prohibits use of an off site 16 sewer system on Lot 2 to serve Lot 1. Second, the Director of Planning and Community Services has 17 issued a code interpretation to Mr. a.'1d Mrs. Vine that Lot 2 oan be used for sewer to serve Lot 1. As 18 will be shown at hearing, this interpretation has been routinely followed in Jefferson County, whereby 19 other property owners and developers have been allowed to place offsite sewers on residentia1lots, 20 either owned by themselves or where easements have been issued, to serve cDmmercial uses on 21 adjoining parcels. This use has been allowed even though off site septic is placed in a residential zone 22 and the structure served is found on an adjacent commercial zone. 23 24 25 % See FiDdings, Conclusion, and Decision of the Jefferson County Hearing Exa.m.iner of July 29, 1997, page 7, attached ~ E.Ùüèit 3. APPELLk~TS' HEARING MEMORANDD:.1 - 2 Williams. Kutncr & Gibbs I'LI..C · Two Un!cn Squ:sre, Suite4100 Mail Ad~Ç33: p .0. ßo~ 21920 Seatt1c. Wasl1in~on 98111-3920 (2()(i) 628-66OC lC54821.1 U1/l~¡UU l~;~~ rAÁ 'i&I uuu m. APPLICABLE FACTS ') Mr. and Mrs. Vines own Lots 1,2 and 3 of the plat ofMelwood Terrace. Mclwood Tecrace was ... 3 approved in 1974. To this day, it is largely undeveloped. Of the 34 platted lots, only 5 élt"C developed as 4 ~ residential homes. A limiting factor is that the plat property does not e¡u¡ily perk. S 1 From the date of piat approval until 1994, LQts 1 through 3 were zoned commercial. However, Ó in 1994, Lots 2 and 3 were down zoned to residential use. Thereafter, for a short period oftimc: in 1998, ï Lot 1 was also down zoned to residential. However, in October, 1998, the Board of County Commissioners admitted their "mistake", and redesignated Lot I for commercial use. ~ Exhibit 4, Letter of Dennis D. Reynolds to David W. Alvarez (with attachments, listing zoning history). When it became apparent that the County may down'zone Lot 1 from commercial to residential, Mr. and Mrs. Vines filed an application to vest commercial development on Lot 1. The proposed development was an auto detail shop. In order to allow space for septic, this proposed commercial structure was limited to 1,400 square feet. This left room orJy for nine parking spaces. One of the constraints is that Lot l is only 15,000 square feet, more or less, and an irregular shape, making it difficult to site a commercial structure without relief £rom setbacks required between commercial and residential uses. 8 9 10 11 12 13 14 15 16 17 The Vines' application for a bui1d.ing permit approval for an. auto detail shop has been pending for 23 months, but for no explanation, Jefferson County has r,evc:r issued a pem1it. ~ Exhibit 4, letter ofDeIUÙs D. Reynolds to David W. Alvarez. 18 19 20 In the summer of 1998, the Vines discussed a modified proposal of 3,000 foot (2 story) structure 21 I for a professional office lIse located entirely on Lot I with county offIcials. This strueture would have 22 /20 parking spaces. The County's Director ofCornmunity Development, and its prosecuting attorney, offered the Vines a solution to site the professional office structure on Lot 1 with septic on Lot 2. This 23 24 solution was acceptable to the Vines, who had always desired to develop Lot 1 for prof~ioDal office 25 APPELLA."'lTS' HEARING MEMORANDUM - 3 Williams, KIIslIJer &: Gibbs PU.C Two Uni<Jn Square. SlJitç4100 Mail Addrr:,,; p.O. ßo)t 21926 &allle, Wuhing-.cn 9811 t-3926 (206) 628·6600 lC5482L 1 01/12100 15;~5 FAX ~UUï 1 use. The proposal d~ail shop use was pursued only because of the need to vest agaínst down-zoning. 2 I æ Exhibit 4. 3 The testimony will show that county officials offered a solution to sitc the office building for two 4 reasons: First, it was considexed that a professional office building was morc compatible with the 5 neighborhood than an auto detail shop. Second, Mr. and lV1rs. Vines agreed that if applications could be 6 approved for the professional office building, they would drop their request that Lot 2 be zoned 7 commercial. County officials at the time were concerned regarding a. possible challenge by the Vines to , 8 the soon to be adopted Growth Management Act comprehensive plan if Lot 2 was not zoned 9 commercial. 10 One of the stumbling blocks to siring a professional office building was that there was not 11 enough space for a septic entirely on Lot 1. :Mr. Scalf, the planning director, indicated that he had 12 authority to issue official interpretations of the zoning cede. He indicated that he had issued 13 interpretations in the past which would anow use of 1 .11 adjoining residentia110t for septic to 8elVe a 14 commercial Structure on an adjacent lot even though the residentia110t was not zoned commercial. 15 Mr. and Mrs. Vines requested and received in writing from the Dìrector of Community 16 I Development an interpreta.tion that Lot 2 could be used. for septic to serve Lot 1. The inteq¡retation was , , l7 ; placed in writing and signed by the Director on August 12, 1998. ~ Exhibit 5. The Director's code 18 I inte! ""tarlon was specificaJly addressed to 1he Office of the Prosecuting Attorney. No party challenged 19 ! or appealed the code interpretation issued on August 12, 1998. 20 However, on October 26, 1998, the Board of County Commissioners stated they were not 21 contractually bound by the August 12. 1998 letter and revokeD the understandings expressed therein. 22/1 ~ Exlúbit 6. This decision, however, did not state it rescinded the code intClpretation relating to use of 23 ; the adjoining residential Lot 2 for.septic to serve a commercial structure on the adjacent commercially i 24 zoned Lot 1. I 25 APPELLANTS' HEARING :MEMORANDUM" - 4 Wia¡ams, Kattner" Gibb& PLLC Two Union SqIJ¡ f8, SUÌfe 41 00 Maí1 Addm¡: 1'.0. Box 21926 S~!t!e. Yiashin¡Iol1 98111-3926 (206) 628-6600 1054821.1 01'12/00 15:46 FAX IØUUI, 1 Once the Conunissioners refused to honor the letter agreement, the Vines took steps to mitigate 2 their damages and otherwise to exhaust remedies. First, the Vines challenged the decision of Jefferson 3 County declining to zone Lot 2 commercial. Their appeal to the Growth Management Hearings Board. 4 Case No. 98-2-0018, WS3 denied on AprilS, 1999. Second, the Vines requested a plan amendment to 5 zone Lot 2 commercial. (Their amendment request was tabled and not yet acted upon by the 6 COInlr.issioners). Third, the Vines are pursuing applications to site a commercial stnIcturc on Lot 1 7 which can be built even if Lot 2 is not zoned commercial. These applications include the off.site sewer 8 application before this Board and a soon to be filed lot line variance. 9 The proposed s~er use is not intensive. The septic system required to serve the proposed ·10 professional office building is that required for a 4-bedroom residence. 11 N. LEGAL A.NAL YSrs 12 1. Res Judicata. Dicta a.nd Advisory Opinions 13 While the "memo" from DCD does not explicitly mention the legal doctrine of res judicata as the 14 basis for denying Vines current application, it does explicitly cite a prior hearing examiner decision on 15 what DCD claims was the same issue as the basis for denying the current application. DCD Memo of 16 November 18, 1999. "Res Judicata" is defIned by Black's Law Dictionary as "an issue that has been 17 ¡ definitively settled by judicial decision." Black's Law Dictionary 1312 (7th ed. 1999). Res judicata 18 I embodies the idea that . party carmot relitigate an identical issue. In the context of]and use, a party who 19 : has applied for a land use decision regarding a certain issue cannot repeatedly force the local 20 II government to redecide the same is,sae. "The party asserting the defense of res judicata has the burden 21 of proving that the claim was decided in the prior adjudication." Civil Service COIn'n of City olKelso v. 22 City ofKe/so, 137 Wn.2d 166, 171-172,969 P.2d 474, (1999), citing Rufener v. Scott, 46 Wn.2d 240, 23 /245.280 P.2d 253 (1955) and Bradley 'II. State, 73 Wn.2d 914,917,442 P.2d 1009 (19ó8). 24 I ! 25 i I APPELLANTS' HEARING MEMORANDUM - 5 ! 05482!.! Willianls, Kastller It Cibbs PLLC Two Unioll SqWll'e. Sllil~ 4100 Muir Address; ?O. &.x 21926 Seattle, WasMl¡tOn 98111-3926 (:206) 6~8-6GOO o l: 12/00 15:-'6 FAX "161 VUl/1 1 2 3 4 However, when an issue clearly wasn't raised by the parties in a prior matter, the legal doctrine of res judicata does not apply. The standards governing res judicata have been recently stated by the Washington Courts: Res judicata prevents the relitigation of claims that were brought in a prior action. '~For [resjudicata] to apply, a prior judgment must have a conCUII'encc ofidentÎty'WÌth a subsequent action in (1) subject matter. (2) cause of action, (3) persons and parties, and (4) the quality of the persons for or against whom the claim is made." Loveridge v. Fred Meyer. Inc., 125 Wn.2d 759, 763, 887 P.2d 898 (1995). See also Snyder v. Munro, 106 Wn.2d 380, 383, 721 P.2d 962 (1986). . . . The doctrine of res judicata does not apply where the claims are not the same. International Bhd. of Pulp, Sulphite & Paper Mil! Worlœrs, AFL-CIO v. Delaney, 73 Wn.2d 956,960,442 P.2d 250 (1968). Civil Se11lice Com 'n of City aiKelso v. City ofKe/so, 137 Wn.2d 166. 171-172,969 P.2d 474 (1999) 5 6 7 8 9 10 11 By definition, tbe same claim must be made in both actions. If the "claim" made in the second action was never ma.de in the first action, the doctrine does not apply. To determine wbether the "claim" that VinC$ should receive a ''variance'' regarding placement of a septic system on lot 2 to serve development on lot 1 was even made in the first action, one need. look no further than the application for the variance submitted in the first action and the hearing eXan'Ùner's decision on that application. Under the heading "Variance Request" On the form "Request for Site Development Standard Variance," attached as Exhibit A to the Hearing Examiner's 1997 decision, Vines wrote: 12 13 14 15 16 17 18 19 20 21 This request is for a variance from the commercial bulk and dimensional r;::quirements for C·2 lands Vtithin Designated Rural Centers, specificaUy for a variance from the rear setback requirement for the future commercial development on the subject property. (Italics in original, emphasis added.) Furthermore, the Hearing Examiner's decision beings with a section labeled. "Proposal," which 22 23 24 states : The applicant has requested the following variance from the Jefferson County Interim Growth Strategy Ordinance, (Ordinance No. 05-0214-96) as follows: (1) To vary D:om the requirements of Section 4.40, Commercial and Industrial Bulk, Dimensional and 25 I I I I APPELLANTS' ~G MEMORANDL"M - 6 I : 1054821.1 WIlIl~ms. Kutner & Gibba PLLC Two Union SqU¡¡~, Suicc 41()O Mail ^ddreN: P.O. Box %1926 Seattle. Wasl,tngton 93111-3926 (206) (i28.{j600 01-12/00 15:~7 FAX I@OlO 1 2 3 4 S 6 7 8 9 10 11 12 13 General Requirements for Lands Within Designated Rural Centers, Table 12.4. This table requires a mirùmum side and rear setback of25 feet for commercial structures when property abuts an established residential development or a "Rn zone. The subject property (lot #1) is zoned General Cotl1II1ercial (C-2) and the adjoining property is zoned Residential (R-3, one residence per 3 acres). Said variance application is to allow construction of a commercial building with a zero (0) foot setback from the side property line. Hearing Examiner Dc::cision of July 29, 1997, page L (Emphasis added). A13 clearly recognized by the Hearing Examiner, this proposal was for a variance of the required setback from the property line. Nowhere in the application does the use oflot 2 as septic for lot 1 arise, the only mention of sewage treatment at all being a brief note regarding the lack of suitable soils for On- site sewage treatment. (Application, page 5.) Further, neither the staffreport nor the hearing memorandum of the opposing party mentions the issue,) It is hard to explain why the hearing examiner addressed the issue of a septic system on lot 2 serving commercial development on lot 1 in the examiner's 1997 dc::cision. The section addressing the issue begins: "Use variances are not permitted Dor has one been specifically requested." ("'!J.s¡ :Variance," page 7.) Yet the examiner felt compelled to spend a full page addressing the issue. The opinion of a hearing examiner on a claim not brought before it by the parties is, of necessity, 14 IS 16 an advisory opinion. The Courts ofWasbington do not give advisoJy opinions. Walker v. Mtmro, 124 17 j Wn.2d 402, 414,879 P.2d 920 (1994). See a/so King County \1. Central Puger Sound Gfowth 18 Management Hearing$ Rd., 91 Wn. App. 1,30, 951 Pold 1151 (1998) (''Were we to decide the issue, we 19 I would be rendering an advisory opinion, something we wi1I not do."); Obert v. Environmental Research 20 I and Development Corp., 112 Wn.2d 323, 335, 771 P.2d 340, (Wash. 1989) ("We do not give advisory 21 opinions.... Our decision must be [imited to the facts of the instant case."). both citing Hutc.hinson v. 22 Port of Benton, 62 Wn-2d 451,456, 383 P.2d 500 (1963) (''We do not give advisory opinions.") 23 24 25 J The opposition hearing lucmorandum mentions sewage treatment in a P3$sing historic:ai reference ÍI1 its "facts" section, page 3, discussil1g a report done for a previous proposal Opponents' Hearing Memorandwn, page 3, atŒehed to Heating Exammcr's 1997 decision. APPELLANTS' HEARlNG MEMORANDUM - 7 1054821. I Williams, KaseR'1'" .& Gibbs fLLC Two Ui\ÍOI1 Square:, ~uitx; 4100 Mail Address: P.O. Eox 219:ZG Sealtle. Wuhin¡:ton 98111.3926 (206) 628-G600 Ul/l;:fUU l:);H fAX. I(!J 1)J.l 1 2 3 4 5 6 Aside £rom the proscription against issuing advisory opinìons, the courts of Washington have been clear about the effect of statements wlúch render an opinion of the law but are not necessary to reach a decision in the particular case. Such statements are dicta. The word 'dicta,' in the sense in which it is used by respondents, is the plural of dictwn, defined in Black's Law Dictionary, 4th ceL, p. 541, as follows: . 'The word is generally used as an abbreviated form of obiter dictum, 'a remark by the way;' that is, an observation or remaIk made by a judge in pronouncing an opinion upon a cause, concerning some rule, principle, or application onaw, or the solution of a question suggested by the case at bar, but not necessarily involved in the case or essential to its determination; any statement of the Jaw enunciated by the court merely by way of illustration, argument, analogy, or suggestion.' State ex rei. Lemon v. langUe, 45 Wn.2d 82,89,273 P.2d464 (1954). 7 8 9 10 11 12 13 14 Dictum is not binding on a. court in future cases. Pacific Northwest Transp. Services. Inc. v. Washington Utilities and Tran3p. Com 'n, 91 Wn. App. 589, 599, 959 P.2d 160 (1998), citing State v. Pawlyk, 115 Wn.2d 457. 487, 800 P.2d 338 (1990) ("statements 'not necessary to the decision of any issue in the ... case' are dicta which do not control future cases"), in turn quoting Gilmour v. Lcngmire, 15 16 17 18 19 20 21 10 Wn.2d 511,516, 117 P.2d 187 (1941). 22 The hearing examiner's discussion of sewage is the essence of dictum. This discussion was completely wmecessary to decide the issue of whether to grant a setback variance, and one is hard put to evec say that the septic issue was "suggested by" the case betòre the examiner. The hearing examiner's discussion being dicta and an advisory opinion, not binding on future claims, it cannot have preclusive effect under the roles governing res judìcata. The Departm~t of Community Development was simply wrong in its analysis of the hear..ng examiner's decision, and this matter must, at a. minimwn, be sent back to the department for an assessment on its merits. 23 24 25 APPELLANTS' HEARlNG MEMORANDUM - 8 Williams, Ka.!ruer & Gibbs PLI.C Two Ul'lion Squat.:, S~¡r¢ 4100 Mt.iI Ado;lrcss: P.O. Bo~ 2192(, S~ttl~. W/lihin;tO:l 98111.3926 (Z06) 628-6600 1054821.1 UL!lZ/OU 15;41 FAX 2, The Pro~osaJ Complies with the Jefferson County Zonini Code: 2 3 4 5 6 7 However, the Board need not remand the matter ifit concludes that the proposal does not conflict with the Jefferson County zoning code. Because the project complies with the 20ning code, the: Board may approve the project outright First, the zoning code does not prohibit the proposed use. Septic \L5e5 are obviously allowed in residential zones, even though they are not explicitly mentioned in the zoning code. These uses are implicitly allowed under the zoning code; otheIVlise every residential septic system in the county would 8 I be noncon!omûng. The code has chosen not to address the issue in zoning, only addressing the issue. in 9 Jefferson County Code Chapter 8.1 S, which is under Title 8 governing Health and Safety regulations. 10 11 In fact, there is no "use" aflot 2 in the classic zoning sense of regulating development. A zoning code general regulates based on the perceived "inteJ1sjty" of the identi fled ·'use." For example, industrial uSes are typically considered 3. more intense US~ of land than residential use. However, in the cutTent case the proposed ''use'' will be less intensžve than the placement of a four-bedroom single fanilly residence. In fact, since the proposed use will not be visible, to any observer the lot will appear to be unused. 12 13 14 15 16 17 18 19 The drainfield planned for the parcel is approximately the same size as that which would be used if a four-bedroom single family residence were situated on the parcel. The proposed use is therefore identical to a "use" which is obviously permitted under the code. Imagine if sewer and stonn drainage lines running through residential neighborhoods could not . in any way serve commercial development. The CUlTent system would be illegal, and any resulting system would be unworkable, vastly more complex than necessary, and constantly courting system fai ¡ ure. 20 21 22 23 24 Further, the County has aln:ady agreed to this proposal. In an administrative interpretation of the zoning code, embodied in a memorandum of agreement signed by Dennis Reynolds on behalf of Ray 25 i Vines and by Director of Community Development AI Scalf on behalf of 1efferson County, the County APPELLANTS' HEAR.ING MEMORANDL'M - 9 WitlliUIU, Kastner & Gibbs PLLC Two Union Squ:uc, Suite 4tOO M;lil Addreu; 1'.0. Do ¡, 2! 926 Seattle. WQshin,~ 96111-3926 (206) 62S~ I II 054821.1 01/12100 15:4.8 FAX 'C;,I'''''''' agreed "to allow .a drainfield to be established on lot 2 of the plat of service the commercial building 2 structure." Agreement of August 12, 1998, attached as Exhibit 5. As stateà in the agreement, Lot 3 3 would be dedicated as a landscape buffer bet:\veen the commercial and residential uses, and Lot 2 would 4 be rendered undevelopable, either through a lot line adjustment or appropriate covenants, as the County 5 i prefers. Failure to abide by this signed agreement could render the county liable to claims of breach of 6 I contract and violations of the substantive due process and Wrings clauses of the state and federal 7 constitutions. 8 9 10 11 12 13 Finally, the County has pem1Ítted septic systems located on parcels zoned residential to serve development on property zoned commercial in the past. Examples will be provided in testimony at the scheduled January 20,2000 bearing. See Exhibit 7, Examples ofoff~site septic approvals. V. CONCLUSroN For the reasons stated, Appellants' appeal should be granted and the revised application for septic use approved. 14 ! RESPECTFULLY SUBMITTED tlùs I¿. day ofJanuary, 2000. WILLIAMS, KASTNER & GIBBS PLLC 15 16 lï BY~ - ~Ih/~ Dennis D. Reynolds WSBA #04762 18 19 20 21 22 23 Attorneys for Appellants Two Union Square 601 Union Street, Suite 4100 P.O. Box 21926 Seattle. WA 98111-3926 (206) 628-6600 24 25 I I - WlUlams, Kasmer & GibÞs PLLC I Two ()nion Square. Suitc4100 Mail ^ddrc:¡:¡: P.O. Sox 21925 Sçattle, WashlnlltOI'l98111-3\12I5 I (206) 628-6600 APPELLA..~TS' HEARlNG MEMORANDUM - lO IOS.ul21.1 nl..lZ/OO I I 15:~8 FAX ~.,.... 2 RECEIVED JAN 1 2 2000 JEFF. COUNTY HEALTH DEPT. 3 4 5 6 7 8 BEFORE THE JEFFERSON COUNTY BOARD OF HEALTH In re the matter of: 9 10 11 12 RAYMOND and LIANN VINES, NO. SEP98-0007 APPELLANTS' LIST OF EXHIBITS 1. Denial of revised application for septic dated November 19, 1999. 2. Memo from Michelle Grewall, Assistant Planner, to Linda Atldns, dated November 18, 13 14 1999. 15 16 17 18 3. Decisions of Hearing Examiner dated July 29, 1997. 4. Letter, Dennis D. Reynolds, to David W. Alvarez with attachments. 5. Code Interpretation and Letter Agreement dated August 12, 1998. 6. Letter of October 26, 1998. Board of County Commissioners to Ray and Liann Vines. 19 . I' 7. Permittiog Approvals: Use of off-site sewer on residential lots to serve commercial uses 20 I on adjoining parcels. 21 22 23 24 25 8. RCSU1Tle of Richard Marc Seplar, AICP Madrona Planning. 9. ResWJ1e of David Jensen, D.R. Strong Engineering. 10. Application for septic approval and related correspondence. APPELLANTS' UST OF EXHIBITS· 1 WUIi:lIlU, 1<atlo~ & Clbb$ PLLC Two Union SqUlInI, S~if' 41 ( O Maìl Aòdre.u: P.O. ßodJ926 Seanle. WL'lhi!l&[on 9811 ¡ -39:;6 (206) 628-6600 ¡ 105539C. \ Ol./l21UO 15:49 FAX 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESPECTFULLY SUBMITTED this rz- day of January, 2000. WILLIAMS, KASTNER & GIBBS PLLC BY~ ~¿~ Dennis D. Reynolds WSBA #04762 Attorneys for Appellants Two Union Square 601 Union Street, Suite 4100 P.O. Box 21926 Seattl~ W A 98111 ~ 3926 (206) 628-6600 APPELLANTS' LIST OF EXHIBITS· 2 1055390.1 -- WUliam.. K4SÙlcr &I Gibb~ rLLe Two Union Square. SIJÎt$ 4100 Mail Address: P.O. Box 21926 Seat:Jc, W;uhinlton !'81 I 1-3926 (206) 628-6600 County Health & Human Services December 29, 1999 Dennis D. Reynolds Williams, Kastner and Gibbs PLLC. P.O. Box 21926 Seattle, W A. 98111-3926 RE: Appeal Hearing-Ray Vines SEP 98-0007 Dear Mr. Reynolds, This letter is a follow up to our phone conversation of last week and an acknowledgement of your letter of 12/28/99. It is my understanding that neither you nor Mr. Vines received notice of a Board of Health hearing in December prior to the December 16 meeting. During the review of the appeal in the December meeting the Board noted that neither you nor Mr. Vines was present and questioned whether you had received notice. The Board did hear and deny the appeal but conditioned their decision on the assumption that you had received notice. The Board also indicated that the case would be reheard if you had not received adequate notice and that you requested another hearing. Based on your December letter an appeal hearing has been scheduled with the Jefferson County Board of Health during their regular January meeting. The meeting will be held on January 20th, 2000 at 2:30 p.m. at the Health and Human Services Department. The department is located at 615 Sheridan Street in Port Townsend, Washington. Attached are the written materials that were prepared for the Board for the December hearing. A copy of the meeting tape will be forth coming as will draft minutes as soon as they are available.· I am forwarding your request for inspection and review of all files on single family and commercial onsite and off site septic approvals from 1995-1999 to the Jefferson County Permit Center. There are on the order of 800 to 1000 files so pulling and copying will take some time. Charges for those copies will be billed by the Center. Finally this office cannot vacate the decision ofthe Board, therefore a written letter cannot be provided at this time. I can reiterate that the Board indicated that they would rehear the case if you had not received notice. Please feel free to contact this office if you need further assistance. S!n<ff!y, ~.D-q,~ Environmental Health Director cc. Ray and Liann Vines HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE 360/385-9400 FAX 360/385-9401 12/28/99 Tl1E 15:28 F~l 206 628 6611 ~UVJ. Williams, Kas1ner & Gibbs PLLC LAW FIR.1\Æ Two UniOI\ Square 601 U:1Ìon Street, Suite 41 QO Seattle, Washin¡ton 98101-2380 P.O. Box 21926 Seattle, Washington 98111-3.926 TelephoDe (206) 628·6600 FAX (206) 628--6611 ... , G. ~ ';~¡ï:i~:¡~l~W';:';;~i¡c.1f';;;;;;¡Ïii¡~I:?~;~:!i¡1i"·I:);¡::'(ì!!i:¡:ì;~¡iÉj¡iii,: .~ ~ V ,,;'~~,~"'!!iE!J.;gl:I~:':'::ri:.:'::i":';.' ;".',', '.:.::'.:.""'" ~~\ ft~ ~OJ~. ~ f\)(;,'\J ~ ~ .. ~~:. ~~\~ ~ CO· 'ô~ Date: December 28, 1999 ~~\\~" File Name. RoilY and Líann Vines File No. 81670.100 to: Larry Faye, Director Jeffason County Board of Realth OJmpany: FAX No. (360) 385-9401 Telephone No, pages, which includes this cover sheet, are being sent to you, Our FAX telephone number is (206) 628.6611. If for some reason you do not receive all of the pages or transmission is not clear, please call our FA..,"'\ operator at (206) 233.2920. PRIVILEGED Al"'D CONFIDENTIAL Á TTORNEY WORK PRODUCT/ATTORNEV-CUENT COMMUNICATIONS This facsimile message is attomey privileged and confidential al1d is intended solely for the use of the individual named above, lfyou are not the intended recipient, or the person mponsiblc to deliver it to th~ intended recipient, you are hereby adviJcd that any di$Scmmation, disttibution or copying of this communication is prohibited. If you have received this FAX L'l e11'or, please iJmnediately notify the sender by telephol1c and rerum the original FAX message to the sender by U.S, mail. Faxed herewith you will find a letter to you dated December 28, 1999. HARD COPY: t:1 TO FOLLOW D RETAINED Frøm Dennis D. Reym>lds Williams, Kastner & Gibbs PLLC WilliamsJ(astner&Gihbs PLLC LAW FIRM Dennis D. Reynolds Attorney at Law (206) 233-2924 dreynold@wkg.com Two Union Square 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 P.O. Box 21926 Seattle, Washington 98111-3926 Telephone (206) 628-6600 FAROe6ctl, V E D DEC 2 9 1999 JEFF. CO. HEALTH It 4967t1UMAN SERVICES December 28, 1999 VIA FACSIMILE: 1-360-385-9401 Jefferson County Board of Health c/o Larry Faye, Director 615 Sheraton Department of Environmental Health Port Townsend, W A 98368 Re: Appeal-Ray and Liann Vines (#972-000-001 and 002, SEP 98-0007) Dear Mr. Faye: Per our discussion of Tuesday, December 21, 1999, I had expected a Notice of Hearing for the appeal of Ray and Liann Vines filed on December 1, 1999. You stated that the hearing is now set for January 20,2000 at 2:30 p.m. in the afternoon before the Jefferson County Board of County Commissioners acting as the Commissioners for the Board of Health. Would you please provide written notice to our firm and directly to our clients. We request pursuant to the Public Disclosure Law, RCW Ch. 42.17, a copy of the tape of the hearing held without notice to Mr. and Mrs. Vines, apparently on December 20, 1999. We also request copies of any and all staff reports, exhibits or other written materials provided to Commissioners. Further, ifthere is a written decision entered (which must be vacated because the lack of notice) we request a copy of that decision. Please expedite disclosure of these particular public records. We also request for inspection and review Board of Health files for 1995-1999 on all single- family residential and commercial properties issued on-site (or off-site) septic approval(s). 1052380.1 Seattle Tacoma Jefferson County Board of Health December 28, 1999 Page 2 I would be happy to execute any public disclosure form requested by the Jefferson County Board of Health. We also certify our ability and willingness to pay the costs of the requested public records. Finally, in order to avoid the expense of filing a motion to vacate the decision in the Vines appeal for want and notice, we would appreciate a written letter indicating any decision entered against the Vines is wholly vacated and the commissioners will hold a de novo hearing on January 20, 2000. We reiterate our willingness and ability to provide declarations from our clients and our finn stating that no notice of the December 20, 1999 hearing was received as required under the Local Project Pennit Review Act, RCW Ch. 36.70B, and local ordinance. Thank you for your attention to these comments and our requests. Very truly yours, WILLIAMS, KASTNER & GffiBS PLLC \;) - 0;,7 ~Æ4 Dennis D. ReynOld~ DDR:wpc cc: Ray and Liann Vines P.S. Once the public records are available, please call my office. I will have Mr. Vines pick up the materials directly and pay for the costs of provision of the requested records. Mr. Vines will inspect the septic approval files. 1052380.1 ~ ã) a.. ?: IX) Q) -::I: ~ ...... C> 0> Æ 0> ã) 0> .J:: ...... U N ~ o ~ 1:: Q) ro ..c I .~ I:: N ~ ~ ~O roC/) ~ >-»:š:W <ëroro.¡..:~ "C-gU.ëõ> ._ ~ ~ u ~ iUÈ~~« Ol-~«C::: ~ ctI U. ~ ... ctI ...J .0.: u E.. .. c» - ..... 01::.....0 10. ( ) 0 U ~ u.cnI-OCl) ctI ..c - ';: ~ - o -! 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E~ C\jLL 0) ~ N C o 'w C (]) - x W .... C/) C L- a> U C o U L- o C/) c:: o +:J C/) Q) ::J 0- >. C ctI ..c - '§ Q) E « a.. ° 'S: ë3 N ~ ctI > « "'C 'S; co ° - U C\j - C o U Q) C/) C\j a> a.. W~Kastner&Gihbs PLLC LAw FIRM Dennis D. Reynolds Attorney at Law (206) 233-2924 reynoldd@wkg.com Two Union Square 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 P.O. Box 21926 Seattle, Washington 98111-3926 Telephone (206) 628-6600 FAX (206) 628-6611 December 1, 1999 RECEIVED DEC 0 3 1999 JEFF. COUNTY HEALTH DEPT. 89670.0100 . VIA FACSIMILE Jefferson County Board of Health c/o Larry Fay, Director 615 Sheridan Department of Environmental Health Port Townsend, W A 98368 Re: Appeal - Ray and Liann Vines Dear Commissioners: Enclosed for service and filing is an appeal filed on behalf of our clients, Ray and Liann Vines. This appeal is filed pursuant to the Jefferson County Code, Title 8, Health and Safety, Section 8.15.210. Mr. and Mrs. Vines appeal that certain decision of November 19, 1999, denying their revised application for an on site sewage system on Lot 2 of the Plat of Melwood Terrace. A true and accurate copy of the decision appealed from is annexed hereto, by reference made part of this appeal. Mr. and Mrs. Vines intend to present testimony, and a written explanation, providing specifics as to how and why the Jefferson County Health and Human Services Department inappropriately and wrongfully denied the revised application. In part, the denial was based on incorrect information provided by the Jefferson County Department of Community Development in its memo on November 18, 1999. The Vines have never presented a variance request to the Jefferson County Hearing Examiner regarding septic installation on Lot 2. Additionally, there is nothing in the Zoning Code that prohibits use of Lot 2 for a septic system to support commercial business activity on Lot 1. As noted, additional details and a written explanation will be provided at the hearing. 1046667.1 Seattle Tacoma Jefferson County Board of Health December I, 1999 Page 2 Thank you for your attention to this appeal. Please confirm via facsimile receipt of our clients' appeal. Very truly yours, WILLIAMS, KASTNER & GIBBS PLLC ~~ ~ ~"vÚ/ Dennis D. Reynolds DDR:wpc cc: Ray and Liann Vines w/encl. 1046667.1 ~~"'--"-"~"'-·····"'c·""· FR~M :MBE 360 385-3058 FX TO :12066286611 1999,11-27 12:51PM ~650 P.01/02 Hu;;aø?*,~~Eì,iëD' ~ ......---.. ._~~..__._._. .. RAY VINES 331 BAYSHORTI DR PORT LUDLOW W A 98365 ~ ~r\\9:> ~!'\t>\J>b RH: Melwood Terrace, Lots 1 & 2 H972~000.OOl & 002, SEP98-0007 Dear Mr. Vines: On Novcmber 18,1999 this ofiice received notification from the Department of Community Development that the revi~ed application for an onsite scwage syfitern on Jot 2 to serve a commcrcial establishment on lot 1 docs not comply with zoning requirements. Therefore the application fhr revision is denied. A copy ofthc memo from DRD is enclosed for your files. Appeal from a decision by the health officcr pursuant to chapter Jefferson County Onsite Sewage System Code 8.15 may be made by filing a written request with the Jcfferson Count.y Board of Health within 15 days following thc decision. Appeals shan be heard by the Board within 35 days of receipt ofappcal. As noted in the letter dated November 15, ] 999 the existing permit that wa~ approved for lot 1 mu!\t he renewed to stay valid. A renewal notice was enclosed. Please submit the required renewal fèe if you want to keep the permit valid. Please c(m1uct this officc ¡fyoll have further questions. ~~~ Linda Atkins H..S. Jefferson County J7.nvironmental Health Division C Michelle G~ewcll, Development Review Dave Jensèn P.E.) D.R. Strong ene ....__H..~· HEALTH DEPARTMENT 360/385-9400 ËNVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE 360/385-9400 FAX 360/385-9401 FPOM :MBE 360 385-3058 FX TO : 12066286611 1999.11-27 12:51PM "650 P.02/02 TO: FROM: DATE: SUBJECT: JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street Port Townsend, WA 98368 AI Scalf, Director MEMORANDUM Linda Atkins, Jefferson County Environmental Health Depal'um.."l1t Michelle Grewell, Assistant IJlanner ~ November 18, 1999 Ray Vines, Melwood Terrace This memo is to clarify that the Jefferson County Hearing Examiner made a decision 011 July 29, 1997 to deny a variance request from Ray Vines regurding septic installation on Lot 2 ofMe)wood Terrace Subdivision. The Hearing Exarnil1ef Decision was not appealed by Mr. Vines. Until such time that Lot 2 is re-zoned to commercial, a. septic system cannot be utilized to !iUpport commercial activity/uses for Lot 1. Buìl(jing Permitsllnsp.~.ç;tions (360) 379-4450 Developmen.t Review DivisiOJl Long RMge Planning FAX: (360) 379-4451 ;.. Juelanne Dalzell JEFFERSON COUNTY PROSECUTING ATTORNEY Courthouse - P.O. Box 1220 Port Townsend, Washington 98368 Telephone (360) 385-9180 FAX (360) 385-0073 . Jill Landes, Deputy Prosecutor Michael Haas, Deputy Prosecutor Theodore M. Cropley, Deputy Prosecutor David W. Alvarez, Deputy Prosecutor Dennis D. Reynolds Williams, Kastner & Gibbs Two Union Square, 601 Union Street, Suite 4100 Seattle, WA 98101-2380 RECEIVED NOV 1 9 1999 JEFF. COUNTY HEALTH DEPT. November 18, 1999 Re: Ray and Liann Vines Lots 1, 2 and 3, Melwood Terrace Dear Mr. Reynolds: Our telephone conference of November 16 spurred me to review the following documents: 1. your correspondence from the fall of 1998; 2. the August 12, 1998 letter allegedly constituting an agreement and the subsequent letter rescinding same; 3. the "Findings of Fact and Conclusions of Law" entered by Kitsap County Judge Conoley on June 27, 1997 in the Superior Court case cause of action known as Vines v. Porsch et al; 4. the "Findings, Conclusions and Decision" entered by Hearing Examiner Berteig on July 29, 1997 regarding the Vines request for variance from the required set-backs; and 5. the "Final Decision and Order" of the Western Washington GMHB entered on April 5, 1999 in the appeal initiated by Mr. and Mrs. Vines In addition, I spoke with various persons employed by the County now holding knowledge of the present status of any applications submitted by the Vines family. I spoke with planners and with persons in the Environmental Health agency of the County County staff at the Department of Community Development (or "DCD") inform me that Mr. Vines holds a building permit on Lot 1 in Melwood Terrace (port Hadlock) with permission to build an auto detailing shop. I am further informed that Lot 1 is a proper and acceptable site for the necessary septic to support such a retail establishment. And that such a permit to put the septic for Lot I on Lot I was granted during 1998. Any septic permit that might be before any agency of the County is to use Lot 2 for all or part of a septic system to serve Lot 1. Those permit applications date from March 1999 and November 5, 1999 and thus are not as ancient as you stated they were when we conversed on the phone. I have encouraged County personnel at Environmental Health to deny in writing the application which attempts to connect Lots I and 2. I believe you are aware of why this denial must occur. Both you and Mr. Vines know that Lot 2 has been deemed residential by not only: I) the County's Comprehensive Plan, but also 2) the Western Washington GWffi decision of April 1999 upholding that specific portion of the County's Comprehensive Plan, and 3) the res judicata impact of the decision reached in June 1997 in the Superior Court lawsuit filed by your clients seeking to remove Covenant # I (the Covenant that provides only Lot I within Melwood Terrace with a commercial designation. ) Thus, there have been numerous attempts by your client to alter the zoning of Lot 2 and all of them have been unsuccessful. You agreed with this general proposition during our phone call of November 16. It is also important to note that, at a minimum, although a request for a use variance was not specifically before Hearing Examiner Berteig, he did correctly repeat the County Ordinance provision which prohibits the granting of variances which would permit an otherwise prohibited use or effectuate a rezone. Hearing Examiner Berteig did decide, on pages 7 and 8 of his decision, that using Lot 2 (residential) as a location to support a commercial enterprise on Lot amounts to a de facto request for a use variance. He then denied that request for a use variance, as the County Code required him to do. While such a conclusion from Mr. Berteig mayor may not have been dicta (outside the precise and narrow issue presented to the Hearing Examiner), it is of equal importance to note that this decision of the Hearing Examiner WAS NEVER APPEALED. Thus, dicta or not, it exists as res judicata (that which has been previously resolved) and would bar any future attempt to connect Lot 2 to Lot I as a site for the septic system for Lot I. It is also important to note that Hearing Examiner Berteig made explicit his conclusion that Mr. Vines has suffered no damages simply because he would not be permitted to build his proposed structure out to the edge of Lot I. In other words, there is an important legal distinction between Mr. Vines gaining permission to build the precise building he wants and the clear fact that Mr. Vines has always had permission to construct a commercial structure that will prove profitable to him. In light of that correct conclusion of law, it is highly doubtful that Mr. Vines has been the victim of an unconstitutional Fifth Amendment "taking." All of the above is essential background information to any accurate analysis of the proposals we generally discussed on the telephone on November 16. The County hereby expressly rejects any idea that a Boundary Line Adjustment (or "'BLA") can be undertaken to increase the size of Lots 1 and 3 in Melwood Terrace by, in essence, '"eating in" to the size of Lot 2. This would be a BLA that is far different from the typical BLA that occurs within a homogenous zone, Le., a region that is zoned entirely residential. Your proposed BLA would not only alter lot lines but would alter zoning boundaries because any increase in the size of Lot 1 simultaneously serves to increase the size of the Rural-Commercial area made part of the County's Comprehensive Plan and then affinned by the applicable GMBH upon your clients' appeal. Separately, but of equal importance, taking any step that would provide any part of Lot 2 with a commercial designation violates the applicable CCR's for Melwood Terrace, which a Court only two years ago upheld as valid. . The County also expressly rejects any contention that Mr. Vines needs to place his septic system (or any portion of that system) to support the commercial enterprise (auto detailing shop) on Lot 1 on the real property known as Lot 2. My planning staff inform me the opposite is true. Again, while it might be true that Mr. Vines could build a more extensive commercial enterprise on Lot 1 ifhe could shift the septic system over to Lot 2 and presumably he would make more money, that does not give rise to a legal cause of action and does not support a claim for money damages against the County. In that regard, I refer you to black-letter law on zoning originating as far back as the Euclid case handed down some 70 years ago. Finally, any idea that we pursue a separate "pennitting" track since the "zoning" track has been so unsuccessful for your client must be rejected also because pennitting decisions are always made based on the applicable zoning regulations and the like. Thus, any vague notion that it might be appropriate for the County to continue to designate Melwood Terrace, Lot 2 as residential (as the County must) while allowing it to serve (in a sense, secretly) as the site of a septic system for a commercial enterprise on Lot 1 contradicts the zoning clearly applicable to Lot 2. It also directly contradicts the conclusions reached by Hearing Examiner Berteig on pages 7 and 8 of his July 1997 decision. Finally, pennitting such a connection across zoning boundaries would smack of disparate treatment and open the County to the claims of countless other landowners located on a commercial/residential boundary asking for a similar dispensation from the applicable rules. Thus, the County employees have correctly refused to approve any application to place the septic for Lot 1 on the tract known as Lot 2. I have written you this detailed letter to save you the trouble of writing to the County when the end result of your letter to us is likely to be highly unsatisfactory for your clients. I understand fully that the substance of this letter may "force your hand" and immediately lead to litigation. So be it. If litigation ensues, this office IS NOT AUTHORIZED to accept service on behalf of Jefferson County. I will gladly review any other documents that you feel might be enlightening in this regard, but I wanted to express the County's position to you as soon as possible. Thank you for your prompt attention to this matter. Very truly yours, r:1) o;v-J, CJr\/. () ~A ~ A .- David W. Alvarez ,-"",,"VV 1oV7 Deputy Prosecuting Attorney Civil Division Cc: Board of Commissioners Al Scalf Warren Hart Michelle Grewell Larry Fay Linda Atkins David Goldsmith RECEIVED NOV 1 91999 JEFF. CO. HEALTH & HUMAN SERVICES County Health & Human Services March 24, 1999 RAY VINES 331 BAYSHORE DR PORT LUDLOW W A 98365 RE: Melwood Terrace, Lots 1 & 2 #972-000-001 and 002 Dear Mr. Vines: On February 25, 1999 this office received an application for a drainfield on lot 2 to serve a building on lot 1 ofMelwood Terrace. The proposal is for a lot that currently has an active/approved onsite sewage permit. This new proposal is a redesign. You will be receiving a refund for overpayment of fees paid. A copy of the application has been forwarded to Development review because this involves a commercial development. The permit cannot be issued until this office has been notified that the proposal conforms to planning requirements and has been reviewed/cleared under the Critical Areas Ordinance. In order to evaluate the new proposal the soil logs will need to be opened up for inspection by this office. If you are concerned about leaving the holes open you may contact this office to schedule the inspection so that the soil logs can be covered after inspection. Please contact this office when the soil logs are ready for inspection or if you have further questions. ~inc ely . ~.dc tJ+/{~ inda Atkins R. S. Jefferson County Environmental Health Specialist Cc Dave Jensen P.E., D R Strong Cc- r<\~(j/..Q_\~{2.. Gr~ ,\ ~"'S7 +46+ P~""", HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL'DRUG ABUSE CENTER 360/385-9435 FAX 360/385-9401 County Health & Human Services November 15, 1999 RAY VINES 331 BA YSHORE DR PORT LUDLOW W A 98365 RE: Melwood Terrace, Lots 1 & 2 #972-000-001 & 002, SEP98-0007 Dear Mr. Vines: On November 5, 1999 this office received an application for a revision of an application for a drainfield on lot 2 to serve a building on lot 1 of Melwood Terrace. A copy of the revision has been forwarded to Development Review because this involves a commercial development. The permit cannot be issued until this office has been notified that the proposal conforms to planning and zoning requirements. The existing permit that was approved for lot 1 must be renewed to stay valid.. The renewal notice is enclosed. Please submit the required renewal fee if you want to keep the permit valid. Please contact this office if you have further questions. ;(.inc rely /)J 1. r-~ -f;1t/rô ,/ Linda Atkins RS. Jefferson County Environmental Health Division C Michelle Grewell, Development Review Dave Jensen P.E., D.R Strong c,'j"\.c-' C~· P1". ", . U.~ I HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE 360/385-9400 FAX 360/385-9401 County Health & Human Services Date: November 15, 1999 To: RAY VINES Address: 331 BAYSHORE DR PORT LUDLOW WA 98365 From: Jefferson County Environmental Health Department 615 Sheridan Port Townsend WA 98368 subject: Request for additional information Parcel #: 972000001 Permit #: SEP98-0007 Dear Applicant: This office has completed a site inspection and review of the design for the proposed onsite sewage system. The items checked below need to be completed prior to issuance of the permit. 1 Easement for drainfield on adjacent parcel, a sample is enclosed 2 Easement for well on adjacent parcel, a sample is enclosed 3 Road Crossing Permit and/or Franchise approval 4 Combine lots to meet the required minimum lot size, see attached letter 5 Application for Waiver from standards, information is enclosed 6 Letter of water availabliity from an approved public water supply 7 Sign off/approval from the Development Review Division for Critical Areas Ordinance Review (please call (360)379-4450 with questions regarding the Critical Areas Ordinance) 8 Eagle Management Plan 9 -- Geotechnical Report 10~,Receipt of Zoning approval from the Development Review Division 11 Receipt and review of design corrections as outlined in attached letter 12-- Final Approval of subdivision 13 SEPA - if conditions of the SEPA review require revisions to the sewage disposal design those changes will need to be submitted for review prior to issuance of the permit 14 Other The sewage disposal permit will be approved or denied within two (2) weeks of receipt of the items checked above. 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JJ ' n [\I i~~r1;l~_I: 2 J -c r u' ~ ~ °0 .ç Zz: (b J)::; Õ -~ ~ ~ C-1 Z 0 Iii .. ~ P"" u f'1 0 ¡JJ : ~ ~ .. ru U\"01'--~,",C . ~.,. > c: \ I -D ¡T\~~~o d) Ë~ )Jeí."e:3. :n õl~.~.,,~ y ~-NCJ OOê~~. ~ 1'1 üi ~ ~ :3 (J) úI -lJ~.\Q bog~IT1-.J+ -1LJ1U>~:3'" C1 - ~ '9. :tJ ¡~M 0 ~o ~1::1 iTq 11) -~'" UJ~·"2 :.L.J ~ ~ VI ~07iIÎ ~~_~ ,\u Z'":3 JJ $- 6 ~ 0 '~ -; I'n II , 1t1(~ O. - .1J ...J JEFFERSON COUNTY BOARD OF HEALTH Agenda Item Information/Description ... Regular Business FOR MONTH OF: JANUARY, 2000 1. Description -- a brief description of the agenda item: Please include project, road, contract, grant, etc. number if one is available for the Commissioner Index. Policy update-Building Additions, Remodels, Repairs, and New Construction. 2. Issue -- a short outline of the issue: including policy issue falls within; strategy or objective issue supports; key reference areas (Iaw/policylregulation): Environmental Health reviews building permit applications in order to assure that the proposed construction will not interfere with the performance of the existing onsite sewage system, is within the design capacity of the system, and to assure that there is adequate suitable reserve area available after the construction is complete. The underlying authority and requirement to evaluate existing systems in conjunction with building permit applications is contained in WAC 246-272 and Jefferson County Health Department Policy Statement 1-89. Building permit review is complicated by the fact that septic permit records vary considerably in the quality of the information contained in the record. In many cases the permit file contains sufficient information for staff to make a decision from the office. In many others there is limited data available and some field evaluation is necessary. Often there is no record at all and all information must be developed from scratch. In addition, the potential consequences to the septic system from the construction activity are otten not readily apparent to the applicant (particularly when the construction does not contain plumbing). Applicants frequently are strongly resistant to the requirement to have a septic system inspected in order to obtain a building permit when in their mind there is no linkage between their project and the septic system 3. Opportunity Analysis --What is the type of action Board is being asked to take: Discussion/decision--if decision--what is the range of possible solutions considered by the department in preparing its recommendation. Although the existing policy has worked reasonably well in assuring compatibility of septic systems to building plans, there is a need to update the policy to bring it in line with the 95 revisions to the state onsite sewage code, to clearly identify what information is necessary to make correct permitting decisions, to establish how that information will be collected, and to provide a fair and predictable process for the applicant. Over the next two months, staff will draft a new policy for Board consideration. 4. Specific Departmental Recommendation -- why was the action recommended and what would be the impact of not taking the action: What specific action is necessary by the BOCC approval- adoption - deny - remand back to department. No action is necessary at this time. JEFFERSON COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH SERVICES POLICY STATEMENT NUMBER 1 - 89 PROGRAM: On Site Sewage Disposal SUBJECT: Alterations, Additions, Repairs, Remodels, Construction/Certificate of Occupancy and New Effective this date, the following procedure shall be adopted concerning residential dwellings utilizing on-site sewage disposal systems. 1. Alterations, Additions, Repairs, or Remodels/Certificate of Occupancy An evaluation of existing systems may be required prior to the issuance of a building permit for alterations, additions, repairs, or remodels to existing habitable structures when in the judgement of the Environmental Health Division, the alteration, addition, repair, or remodel will add to the load on the existing system or when the size and ability of the existing system is unknown. An evaluation will be required when the alteration, addition, repair or remodel will add to the number of bedrooms or add to the number of plumbing fixtures. If upgrades to the sewage disposal system are necessitated by the evaluation, the certificate of occupancy will be withheld until the system upgrade is completed. 2. New Construction/Certificate of Occupancy The completed installation of an on-site sewage disposal system is considered a component of final inspection. The certificate of occupancy for a completed structure will be withheld until the on- site sewage disposal system upgrade or initial installation has had final approval by the Health Department. The Health Department will notify the Building Department in writing each time an on-site sewa.ge disposal system has been finaliãQ'_':L This--- notification will become part of the building permit file for reference by the building inspector. is effective April 25, 1989 and shall remain in effect until pe~ed by action of the Jefferson County Board of Health. / . Officer ~Þ-nb /Da Goldsmi" Director Planning and Building Department ß/~ B.G. Brown, Chairman Jefferson County Board of Health (1./ 13 George B wn, Chairman Board of County Commissioners (5) The local health officer sball identify Table VI repair permits for the purpose of tracking future performance. (6) An ass owner receiviog a Table VI repair permit from the local health officer shall: (a) Immediately report any failure to the local health officer; (b) Monitor the performance of the ass according to the "Interim Guidelines for the Application of Treatment Standards 1 & 2, using Alternative On-site Sewage Treatment/Disposal Systems" amended August 4,1992, (available upon written request to the department of health) and report the results to the local health officer at a minimum frequency of: - (i) Quarterly when Treatment Standard 1 is required; and (ii) Annually when Treatment Standard 2 is required; (c) Comply with all local and state requirements stipulated on the permit. 246-272-17501 Expansions. The local health officer or department shall require an on-site sewage system and a reserve area in full compliance with the new system construction standards specified in this chapter for an expansion of a residence or other facility. 246-272-18501 Abandonment. (1) Persons permanently removing a septic tank, seepage pit, cesspool, or other sewage container from service shall: (a) Have the septage removed by an approved pumper; (b) Remove or destroy the lid; and (c) Fill the void with soil. 43 "Covenant" means a recorded agreement stating certain activities and/or practices are required or prohibited. "Cuts and/or banks" means any naturally occurring or artificially fonned slope greater than one hundred percent (fortY-five degrees) and extending vertically at least five feet from the toe of the slope to the top of the slope as follows: r l ' I \ I , . ; , . ¡ '\ I . i I j ,: .! \ .\:i it \ ¡, I:¡:: I fi 1!1~\ ~:¡ ~ ì 1\1 ~ \ tr }. \1 i ì I 1 \ ¡ '!; :1 Ü \ H: ~ í: ~ \ l¡.H¡. ¡ :1\. I ï\ I I, : :~ I ì:¡ :! +! \ '1 \ t, I. l I, ., ~ J f ~ , ; f ¡ i , it l "Designer" means a person who matches site and soil characteristics with appropriate on-site sewage technology. "Development" means the creation of a residence, structure, facility, mobile home park, subdivision, planned urút development, site, area, or any activity resulting in the production of sewage. "Department" means the Washington state department of health. "Disposal component" means a subsurface absorption system (SSAS) or other· soil absorption system receiving septic tank or other pretreatment device effluent and transmitting it into original, undisturbed soil. "Effluent" means liquid discharged from a septic tank or other on-site sewage system component. "Engineer" means a person who is licensed and in good standing under chapter 18.43 RCW. "Expansion" means a change in a residence, facility, site, or use that: (a) Causes an on-site sewage system to exceed its existing treatment or disposal capability, for example, when a residence is increased from two to three bedrooms or a change in use from an office to a restaurant; or (b) 3 -,_..._--~ -.._- T" What's it all about? During the last legislative session a bill was approved that establishes a program to provide safety and health impact grants to prevent injuries and illnesses, save lives, and educate Washington workers and employers about workplace hazards and safe workplace practices. Through a Safety and Health Grant you will be able to provide training to employees and investigate technical innovations to make your workplace safer. The Legislature approved a gradual implementation, authorizing spending of $500,000 during the first year, $4.5 million during the second year and $5 million during subsequent years. You will not have to be a professional grant writer to apply for these grants. Who can apply for grants? Trade and business associations Employers Employee organizations Labor unions Groups of employees How does it work? The program calls for eligible applicants to submit proposals to creatively make Washington workplaces safer and more healthful. A Grant Review Committee made up of business and labor representatives will solicit, screen and recommend grant proposals to L&l's director. The grants may be awarded on a competitive basis in four general categories of occupational safety and health: Training and education Technical innovations Best practices - spreading and duplicating successful programs Creative approaches for achieving priorities established by the WISHA Advisory Committee When will applications be accepted? The Grant Review Committee currently is developing a set of operating policies and procedures. The next step is developing application criteria and then issuinq å request for applications. L~I expects the first grants to be awarded in the spring of 2000. Need More Information? If you are interested in more information on the program or would like to be placed on our mailing list to receive an application, please call or write to Labor and Industries atthe following address: Department of labor and Industries Safety and Health Grant Program WISHA Services Division PO Box 44640 Olympia, WA 98504-4640 360-902-5033 '.' hamv235@lni.wa.gov . 1 http://www.lni.wa.gov/wisha/topics/grantprogram.htm ., .. Board of Health Hospital Commission January 20, 2000 i:·IIIη.Î~IJiíi:m@.lg;'l:·i:::j:::¡:ii:::::i¡::i,ii¡i¡¡i::¡¡:::¡::::::¡:¡:::~j:~:::::¡::::::::'::::::¡:::::::::::::::¡::::::':::::::¡:::¡::::::::j::i::::::::::¡::::::¡::::¡:::~:¡¡¡::¡¡:::::::::¡::::::¡::::::¡:¡:::::¡:¡¡:::::::¡¡::::¡::::::::~::::::::::::::::::::~::::¡:¡¡:::¡:::':¡:¡::¡:::::i:::::~::¡:¡:::¡::i:¡:::¡'::::, Collaboration, Coordination and Cooperation Enhance the health of community Making optimal use of local resources Develop/enhance work relationship of the two governing bodies. Reach common definitions/understandings: 1) Each Organizations: a) Role b) Programs/Services c) F ocus/Issues 2) Specific Issues: a) Access i) Community Clinic ii) Provider A vailabilityl Accessibility iii) Financing Model Identify/Discuss Opportunities for Collaboration 1) Were any identified through process above? 2) Next meeting w. prime agenda items. 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'ã; ..c: O >.5 ã.st::~;; g.~~ æoS ¡'õ~'- ~ CD .~ "t:I Q) ~ ~ IV C Q)"""" ~ Co.I ~ a,¡..c s:: o "=' <\ .- UJ C ;::..c: ~ a.> ~ E u 0 .r-! 1:1.;:: ...1:1.;::..., be -",,,,Q.!'- ~ ~ :3 ~ 'ä3 ~ 8 ~ c£ ~ U).S:: ~ UJ.:: ~ ~ 0 <\ ., ..c:..c: OJ c »'" bI)..c: 0 Q.! i:>.. ::I O 0'· ::I" Q)..c: ... .., ¡;: ;:: ~ 1:I...c: E u ~ ~ 0 "t:I t3 ~ ~:º CJ 'S UJ ~ ~.¡:: § :5..g æ ~ ::E.b § ~:.a.£ S ~ ,;.-... Food: Caution -Continued from Page A 1 The incubation period for Norwalk-like viral illness is be- tween 12 and 48 hours, and aver- ages 36 hours. Infected people usually recover in two to three days without serious or long-term health effects. Firefighters at both depart- ments were thankful the food poisoning symptoms didn't take hold any sooner for those who attended the Christmas ban- quet. About 45 firefighters from five Jefferson County jurisdic- tions doused a serious fire at the Port Townsend Paper· Corp. that broke out in two ware- houses at 11 p.m. Sunday, Dec. 5. One firefighter there was taken to the hospital for exhaustion and a fear that he was experiencing a heart attack. At the time, no one knew he was simply the first to be experiencing the food poisoning symptoms. The food poisoning became evident Monday morning to Denise Manly, the Chimacum Fire Department secretary, when she learned one firefighter had been in the hospital and two others called to say they and their husbands began ex- periencing severe vomiting and diarrhea around 4 a:m. that morning. "The first thing that came to mind was food poisoning," said r.Ianly. Then around noon came a call from Fire Chief Chuck Boggs. "We have another one; this time he passed out and has hit the power pole," said Manly, re- calling Boggs' words. "My stom- ach just sank," she said. Volunteer firefighter Marty Peterson lost consciousness while driving and his vehicle hit a power pole on Oak Bay Road, knocking out electric service to about 200 Marrowstone Island residents. Peterson apparently was not in- jured in the accident, said Manly. The Jefferson County Health Department estimated about two-thirds of those at the ban- quet became ill. About four were hospitalized after experiencing dehydration. For several years running, Port Townsend firefighters have prepared and served the food at the Chimacum celebration in exchange for a similar service. The idea is to allow each department's personnel to en- joy the festivities without hav- ing to worry about kitchen du- ties, said Port Townsend Fire , Department spokesman Patrick Young. About 13 Port Townsend firefighters prepared the menu with groceries purchased by the Chimacum personnel from three local stores. Invited to the banquet were career and volunteer firefighters and paramedics, district fire com- missioners, retired personnel, members of the department's auxiliary group, and guests. The menu included an hors d'oeuvre table with deli meats, cheeses and raw vegetables; din- ner entree, consisting of either prime rib or chicken cordon bleu, as well as green beans, baked potato, dinner roll, and a green leaf salad with ranch~style dressing. The Port Townsend Fire De- partment Christmas dinner and annual awards ceremony was held Dec. 11 as planned. .How- ever, under advice from the health department, no one from the Chi- macum Fire Department pre- pared or served food, said Manly. . According to Assistant Fire Chief Tom Aumock, the fire de- partment also directed Port Townsend not to buy its grocery items for the banquet at the same outlets patronized by the Chimacum Fire Department. The measure was precaution- ary until the source of the con- tamination could be identified, he explained. Also, the chicken cordon bleu served at the Chimacum banquet - which was pre-assembled at an individual's home and qozen, to be cooked later at each ban- quet - was not served to the Port Townsend crew. "We were advised not to use the chicken," said Aumock. Ofthose hospitalized, the last to go home did so Friday, said Manly. The county health department continues to work with the state health office to determine the cause, according to personnel there Tuesday morning. Jefferson County Health and Human Services DECEMBER '99/ JANUARY 2000 NEWS These issues and more are brought to you every month as a collection of news stories regarding Jefferson County Health and Human Services and its program for the public: 1. "70 stricken by food poisoning" - Peninsula Daily News, 12-12-99 2. "State airs hepatitis warnings" - Peninsula Daily News, 12-13-99 3. "Cuddles and care for Jefferson County critters" - Peninsula Daily News, 12-15-99 4. "News Release: Governor Gary Locke offers state funds to retain vital local public health services" - WS DOH, Joan Brewster and Steve Kelso, 12-20-99 5. "Floridian chosen for top county job" - P.T. LEADER, 12-22-99 6. "Food handling checks increase following food poisoning outbreak" - P.T. LEADER, 12-22-99. 7. "Easy to confuse flu with cold" - Peninsula Daily News, 1-5-00 8. "Whew! It's like flu!" - Peninsula Daily News, 1-5-00 9. "Health care panel takes pulse Jan. 14" - P.T. LEADER, 1-5-00 - rn .....--t cd Q) S rn <J) rn Q) rn .....--to) ~ª · .....t Q .. bJJ I -g ~ 8 O·~ Ll.ir-O '.. ~ a ...c::Q) ~ p.. ~' ~ ~:>.;!:: ~ ~ ~ = .. ?; ~ ~ fhl::.'.+':'1 'õ .~ ~ -d Q) Q) "21! 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With predictions that the death rate in the United States from hepatitis C could triple in the next decade from the current 10,000 a year, medical and health care professionals in the state are urging the public to learn more about this silent epidemic. "What that means is not the number of new cases," said Dr. Tom Locke. Health Officer for Clallam and Jefferson County. "It means that those peopll! who con- tracted hepatitis C through shared needle use in the '60s and '70s have now become acute.- a carrier. " Locke said that there is some concern on the Olympic Penin- sula that there are a lot of people running around that don't know they have the disease. "At least 20 percent will develop life-threatening liver fail. ure," said Locke. "Those people who attracted hepatitis C in the '70s are the ones driving up the statistics," he said. But Locke said all cases of hepatitis, A, B, and C are pre- ventable. 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Davia Spec./tr / Dat..: 12/2711999 Time: 9:46:38 AM Page 2 of 3 News Release For lnunediate Release: December 20, 1999 (99-104) Contacts: Joan Brewster, Public Health Systems Planning and Development (360) 236-4062 Steve Kelso, Communications Office (360) 236-4078 Govel'J1or Gary Locke offers state funds to retain \-itallocal pubUc health sen1ces OL YMPIA - Vital local public health services such as quick response to disease outbreaks, restaurant inspections, and vaccinations for children will continue under Governor Gary Locke's budget proposal that was rdeased December ]6. The Govemor is recommending that state government pay fòr most local health services cut by Initiative 695, which reduœd by 30 percent ($26.2 million a year) the funds counties use for local public health priorities. If legislators approve the Governor'" budget, counties will receive $12.6 million for public health departments in the current fiscal year that ends June 2000, and $26.7 million the following year. The funding would be ongoing in future fiscal years. ":Vlaking sure people dOll't get sick from just living in or visiting a community is a fundamental responsibility of government," said state Secretary of Health .Mary Selecky, "Governor Locke clearly undersTands that. These funds are intended to keep in place essential public health services and the ability of local health departments to meet the basic health needs in their commwtities." Selecky said local health departments need to keep looking tor ways to reduce costs without cutting essential services. "TIle whole public healTh community will be glad to see these basic protections restored. At the same time. we need to redouble our efforts to reduce costs and be every bit as efficient and responsive to the public as any private business," she noted. If the Legislature approves state funding tor local health programs, it will automatically increase the 60 I expenditure lid. Initiative 601 allO\vs this to happen when sUite government assumes responsibility for local progranls. Note to editOl"S: The attachment lists the funds by county and fiscal year. ATTACHMENT -More- /" 51""" G. O;m''''''' To. 0."_" Dati: 12/27/1999 TlITII: 9:46:38 AM Fag. 3 of 3 Local Health Funding December 20, 1999 Page 2 . Fonhe purpose of public health. the following amounts are appropriated from the general fund to the Office of Financial Management for distributiõn to the following counties in the amounts designated: I I I 1999·2001 FY 2000 FY 2001 Biennium ~çounty ¡ I ! Adams ! 17,800 37 500 55,300 : AsC'tin ,¡ 35 800 75 600 ' 111400 639 700 1 350 400 1 990,100 ' Benton I "'h I i 86 700 183,100 269,800 :(.ean : Claliam , 81 000 I 171.000 252,OO-º-., I ¡ Clark ì 441 :300 93 l. 700 1,373 000 Columbia ¡ 23.900 50 500 74,400 r,"'ow]itz I 1 53.200 323 500 476700 I , Dù las I 6000 12700 18:700 ! '--~ J' :my _ Fnmklin , G¡:rfield Grar.t _, lÌrclYs Harbur ¡Island . efferson 4400 17900 8800 5;<;,100 i ; ¡)6,3Qº-+- 43,300 ' 45 600 : 9300 I 37 800 18700 116300 224..40(; ¡ 91/300 i 96 "'OD 13 700 I 55 700 :=7.500 I ---¡]I 400 I 33(,,7??Î 134,600 I , 1 80' I \4 U' ~ I- . ',~ J 4,48~ÚOO ; ¡King. 4,657 400 ~~.7 400 r--- -,-- 1,008,600 ! :J.<itsa;J 324 200 584 400 I - ¡ 4O/JOO I : Kittitas I 45 000 95 000 , Klickitat ! ~8 600 60 400 I S9 COO r L~\V1S I 58,000 122 400 J 80:400 , " J t--- I 1 "2,OO(J I 49 100 I ---.~ 45.600 13000 1.569.500 ~ 113900 4800 ---='-r- ____I,293.AQ.0 I [,230,500 j _39,900 I ]12.60°1 R,200 I 98,300 1_ 488,200 ¡ 43 000 353 600 , LiJ1(X)ln Mason ~ogan PacifIc Per.d Ûreille . F-ierc~ SäI1 Juan 2agJt Skal'1::miz 3nuho)mish -2Euka:1e Stevens Thurstcn ~ Wahkiakum . \)..';¡[·a Walla 1.\ ~lalcom .... \N'hi'.man Y Jk:ma ¡Total Appropriations 15.400 I 1¡j3~1 ~~:;~~ I 27 400 3313,400 38 300 24(ÚOO I 10,200 I 2,730,500 f :::,597,800 I 84,100 ~ 717.000 i 17 200 I 207:500 ¡ 1 ,:)~O 700 90 800 746 400 26,677,300 I 37:400 i I52,s00 , ¡ II ,300 ~ 1.41,900 ¡ 40,400 I 4,881 900 ~ 56 400 ' 3S4:400 : 15,000 4,023.900 I 3,828,300 i 1 24 XiO ' I,O~'t5:600 ¡ 25,400 I 305,800 i 1,518900 ; ì 33.800 1,100,000 I I 39,313,800 I i l , 1- ! ---t- ¡ 12,636,500 i Floridian chosen for top county job unanimous choice of the county commis- sioners and the committee that was formed to review résumés and narrow the field to three fi- nalists. Charles Saddler H a r pol e cited Saddler's "candor, humor and profession- alism" as the attributes that made him stand out from the other fi- nalists. Saddler now is in negotiations with county consultant Ken Lynn, who headed up the county ad- ministrator search, to arrive at a final agreement on salary and :~,"'~q r .~.."':.'~ - - -' \, :. ~~. " .t·...~, ;r"."\ ' ,- '~!!'!! ...:Jt~ By Fred Ob_ leader Staff Writer A Floridian will assume the post of Jefferson County admin- istrator next year, if agreements :é!in be reached on salary and ben- efits. Tapped for the job was Charles Saddler, currently the deputy county administrator in Polk County, Fla. Saddler has held that job for six years. Previously, he was a city manager in Fort Meade, Fla., for eight years. He h~s a master's degree in public administration. . "I think he's going to be a good match," said County Commis- sioner Dan Harpole. Harpole said Saddler was the benefits. Lynn will briefthe com- missioners this week on the sta- tus of those talks. The position is expected to pay $100,000 a year in total compensation. In a series of meetings last week, Saddler joined his fellow finalists for interviews with the commissioners, employees and the public. In those meetings, Saddler said he has spent most of his manage- ment career in small towns, ex- cept for the last six years, and he said he knows the secret in run- ning an organization lies in the hands of the people who work there. "The real heart and soul of any organization is out in the field," Saddler said. "I see myself more in the role of the catalyst." He added he was a firm be- liever in good zoning that stops sprawl, primarily because devel- opment growth in Florida has outpaced any attempt to control it, and the result. has been a loss in the quality oflife. "I'm a strong believer in strong zoning," he said. "I like the idea of moving slow on development." He expressed some. concerns about the way he will carve out an administrative niche in areas where the county commissioners are used to operating. He said he understood the county has a long tradition of management by the commission- ers and expects that commissioner See COUNTY, Page A 9 County: çontract -Continued from Page A 1 \ýorks d~paIimep.t. The cOII;lmis- .medillmg: might prove to be a ~6nersadôptedärèsolutiónM"ôìi~ . problem. "It's got m'e a little~~-,4ay mak'ing tliat sW'itè:tr.-'-- - ".- vous," he said. .. \ :-\'J":U~der the administrator, the illtimately, he said, it will be County Commissioners will con- the give-and-take of the adminis- tinue to develop policy and ap- tratorandthecommissionersover prove búdgets but will hand off a period of time before a new routine management chores to tradition is set. the administrator. "Ifit isn't the right mix, it isn't The commissioners will con- going to work," Saddler said. tinue to talk directly to depart- The commissioners approved ment heads concerning citizen seeking a new county adminis- concerns; however, out-of-the-or- trator in August. dinary requests for information The county administrator that require significant work will will manage all departments not go through the administrator. currently headed by an elected official: public works, health, public services and community development. Elected officiáls will continue to report directly to the board. Hiring an administrator will also force a new organization at the county. David Goldsmith will become deputy administra- tor and Gary Rowe, now the di- rector of public services, will be- come head of the county public n,L6ADBL (?¡-- 1.2. - 9, i Wednesday. Dec. 22,1999' A 3 Food hªndling checks increase following food poisoning outbreak ~ . No blame: is assigned, "Hand washing just isn't enough. " ·.··.You could do really good hand. washing and still come up with problems." By Miranda Bryant Leader Staff Writer In the wake of news about a large-scale food poisoning outbreak . stemming from the Chimacum Fire Department Christmas ban- quet, environmental health spe- cialists are considering strength- ening routine health inspections of food establishments. Susan Porto, environmental health specialist with Jefferson County, said she will lobby for a The incubation period for policy change that will allow her to Norwalk-like viral illness is be- inspect for bare-hand contact with tween 12 and 48 hours, and aver- ready-to-eatfoodoruncookedfood. ages 3'6 hours. Infected people The check would be incorporated usually recover in two to three into her routine checks of res tau- dayswithoutseriousorlong-term rants. health effects. The change, which must first be In this case, the exact source approved by the county Board of will likely never be known due to Health, follows a food borne out- the number of people in atten- break that affected more than 70 dance and the number of food people in attendance at the sources, said Larry Fay, director Chimacum Fire Department of Jefferson County Environmen- Christmas banquet Dec. 4. Identi- tal Health department. fied as the cause was the Norwalk- Approximately four people who like virus. ate food at the Christmas banquet Though the outbreak had noth- were hospitalized after becoming ing to do with local restaurants - dehydrated. the ingredients for the banquet In addition, Port Townsend In- were purchased at three Jefferson terim Fire Chief Jordan Pollack County grocery stores - the situ- was taken to the emergency room ation is causing the county health for a concussion after he lost con- department to consider the greater sciousness and hit his head on a likelihood of its occurrence at all refrigerator. And volunteer places that handle food. firefighter' Marty Peterson lost "It's not just theChimacum Fire consciousness while driving. His Hall at risk; everyone in food ser- vehicle hit a power pole on Oak vice is at risk," said Porto. "We Bay Road Dec. 6, knocking out want to make sure everyone un- power to about 200 Marrowstone derstands that. We're not pointing Island residents. Peterson did not fingers at anyone." suffer apparent injuries. To prevent the spread of the Six of seven stool samples sent virus, food handlers can wear in for testing came back positive gloves at all times or when han- for the Norwalk-like virus, said dling raw foods. Frequent hand Porto on Monday. The seventh washing is a must, though in itself sample, which tested negative, isn't a panacea. was inadvertently sent in after "Hand washing just isn't being taken from a woman who enough," said Porto. '<You could do exhibited similar symptoms. Fur- really good hand washing and still ther investigation proved she did come up with problems." :.. no.tattend the banquet. However, . Marked by nausea, vomiting/....ï!þe fa"è~tIiát:·the sample tested- dIarrhea and stomach cramps, th~egatiý'é.Qp.ly' I?rove~ ~rJ;h,er. that Norwalk-like virus typically oc- - the No;:.vàlK-like vmis ·viaš·'thê curs in outbreaks and is spread cause for those who did attend when people ingest food or water the banquet and contracted food contaminated with stool from an poisoning, said Porto. infected person. Contaminated Definite results are compli- water,lce, eggs, salad ingredients, cated somewhat by the fact that and ready-to-eat foods are com- as an industry, environmental mon sources, according to infor- health specialists are still learn- mation provided by the health de- ing about the Norwalk-like virus, partment. she said. - Susan Porto, health specialist "This type of virus has only in the past couple of years been able to be tested for,» Porto explained. "It's not like a bacterial outbreak where you know when and where and how long it sits. With these viruses there's a lot left. to learn." Porto said shè has received sev- eral phones calls last week after news of the outbreäk spread through the commUIj.ity. Callers wanted to know how the virus originated. '. "All I can tell them is I don't know right now," said a frustrated Porto on Dec. 16. " Porto said she hopes to conduct classes at both the Port Townsend and Chimacum fire stations in January to share results of tests conducted following the outbreak, and to disseminate infonnation on how to prevent foO<J.borne out- breaks. . In investigating the outbreak, the Jefferson County Health De- partmentreceived assistance from the state health department and the Center for Disease Control in Atlanta. KEvIN GERMAN/PENtNSULA DAJI:!' NB'I S Jim'. Pharmacy vice president Joe Cammack displays the top two prescription drugs for .' Inftuenza on the market. Relenza sells for around $55 at the Port Angeles drugstore, while Tamlnu' runs $85 for a ftye-day dosage. Easy to confuse flu with cold BY PmuP 1.. WATNESS PENINSULA DAILY NEWS The flu strikes people with different severities and varying symptoms and recovery time~ lines. People often confuse the common cold with Asian influenza, but there are distinc- tions; . . The Asian flü Usually brings with it much higher fevers and deeper pains than a cold. Vic- tims experience coughing, con- gestion, headaches, fever, chills and overall body aches. "There are over 250 other viruses that cause upper respi- ratory congestion," said Dr. Tom Locke, Jefferson and Clal- lam health officer. "The com- mon cold can act like the flu but there's a big difference: In true influènza outbreaks, you end up with iIÍcreasing death rates among the elderly, the very young and the chronically ill." The primary differences . . between influenza and common' cold viruses are the severity ..' and duration of the illness. ' . 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Iã .., :Ii II> <I; ::2.c: e:¡;'5 .Ê 1IJ1; .c:..!:!c;:., "'ã! g¡ $ ~ it; .., >. CIS' ... ... ~ c.. II> .c: S'="J::"O ~< ]~Õ.Q] ~~~Þ¡·.zll~~E~ <=" o~.c: ¡" f 8·$ ~ ~;.s ~ û 1i II> t.::: ~.t: ]~~.."'.. e"O!¡¡¡;;.g·~~.c:æ::S§ -¡::" ¡: "'z-a,E "'... ¡:'tI ¡:~ i3z:p.~ t) 0... . aI ........ 9, ~ jI: ¡¡¡ ¡, ¡:!II >:. ~.Q ¡: c.. ¡: -= ~] 1 ~~o ~.!~ ~~-:§ ; :1 ~!3 811! ~ r:: ¡j .... jI: ..!.-= r.- II> ~ ~.? ¡;¡ ~ I:: 0 /,Q ¡: o:; . . . 1I>.c: 0..... ... /,Q ._ e .c: "'~ jI: c..Fo. ~,·".8 6 I .c: U) --- .... o C) (~ I - ¿ ÇJ ÇL ---- .~-.. - .--"'~ The LEADER. Port Townsend· Jefferson County /_ 5 _0 0 . . Health care panel takes pulse Jan. ~4;' A public health care forUm is planned at 6:30 John Conniff, deputy inSurance commissioner, p.m. Thursday, Jan. 13 in,the.Chimacum High will represent the office of the state insurance School auditorium. The forum I sponsored by the commissioner, Deborah Senn, who oversees and Jefferson County Democratic Party, will feature a regulates all insurance activities permitted within panel of professional health care and insurance- Washington state. Conniff will bring to the forum related speakers including local physicians, hos- a statewide perElpective on the health insurance pital administrators and a deputy commissioner issue. His office was involved in the recent state from the state insurance. commissioner's office. takeover of Kitsap Physicians Service insurance Each should bring a different perspective to the operations when that organization became insol- discussion, which will serve to better inform vent. This issue has created a problem for local citizens and perhaps help motivate solutions to insured individuals as well as the physicians and this near-crisis issue. hospital in this ·county. . Health insurance and, by extension, individual Dr. Stuart Bramhall, MD, is a psychiatrist in health care have become a priority topic in Jeffer- the Seattle area and was a founding member in son County and most rural counties throughout 1989 of Washington Health Providers for Health the state. As health insurance companies and HMOs Care for All, which is the state chapter ofPhysi- continue to cut costs and search for efficiencies, cians for a National Health Plan. She is cur- more people continue to faIl through the cracks of rently co-president of Health Care 2000, a non- the health care and insurance system. Many low- profit organization which is sponsoring a state- income and older citizens in this county find them-' wide health care initiative to provide insurance selves with inadequate or no health insurance and coverage for all the citizens of this state. The fewer health care options. '. initiative, called Health Care 2000, would cre- This is a statewide problem, It is currently ate a single-payer system of insurance coverage estimated that one out oflOin Washingtonstate-.for all the people of Washington. more than 600,000 people- are without any health The organization's brochure states that "HMOs insurance coverage. This seems to be an especially and insurance companies dropped 50,000 Medi- difficult problem in rural cq~munities, where larg~, care subscribers in 1999" and that "people in 17 health insurance companies have stopped proyid-· counties in Washington cannot buy private health ing individual health insurance coverage. Commu-. insur.ance at any price because no insurance com- nity hospitals and local physicians share the ef- panies operate there." The organization states as fects of these cutbacks as insurers, and Medicare its goal "to bring about health coverage for all becomes increasingly more tight with pay~outs for WasPington residents by the year 2000, through health care services. .' . one: 1inified health care system." Vic Dirksen, administrator for JeffersonGen- The forum, while sponsored by the Jefferson eral Hospital, will moderate the forw;n, Physicians County Democrats, is non-partisan and open to all on the panel will include Dr. Tom Locke,MD, MPH, eitizenswho are interested in the topics of health and Dr. Claus Jensen, MD. Dr. Locke is the health cáre åJ;lclqealth insurance. There is no charge for officer for both the Jefferson and ClaIlain county attendance.;' health departments and brings a perspective on Thosemterested in learning more about the public health and its role in community health forum can call Eileen Rogers at 379-9459. Those care. Dr. Jensen is chief of staff at Jefferson Gen-· interested in learning more about the Health Care eral and a family practice physician in Port 2000 initiative can visit its Web site 'at Townsend. Representing the community hospital www.healthcare2000.org or write for a copy of the perspective is Leo Greenawalt, president of the initiative at Health Care 2000, Box 30506, Seattle, Washington State Hospital Association. WA 98103. DRAFT Governor Gary Locke Sen. Jim Hargrove Rep. Lynn Kessler Rep. Jim Buck The abrupt loss of funding for public health services caused by the repeal of the motor vehicle exise tax has created a financial crisis for many local health departments. Cutbacks in essential services and layoffs of highly skilled staff have occurred across the state. While we are deeply appreciative of proposals in the Governor's budget to restore funding for remainder of the current biennium, we remained concerned about the lack of a long-tenn funding solution for local public health services in our state. Funding for local public health is one of the most cost-effective investments in healthy communities that can be made. The dramatic changes in health status and life span that have occurred over the course of the 20th Century are largely due to public health efforts. Despite this unparalleled success record, funding for local public health has grown increasing precarious. The effects ofMVET -related budget shortfalls are a symptom of a far more serious disorder - the lack of stable, predictable funding for essential public health services. The majority of funding for local public health is provided by local governments and is used to meet statutory mandates and provide matching funds for federal and state grants. MVET funding represented one of the few revenue sources in which local priorities could be used as the basis of budgetary decision-making. Loss of this flexible funding has critically destabilized local health department budgets, compromising their ability to maintain essential services or to respond to emergency needs. In Jefferson County, we are proud of the efforts of our local health department. Recent success stories include the rapid investigation and containment of a foodborne outbreak involving 75 volunteer fireman and their families, implementation of a nationally acclaimed home visiting program to improve the lives of our youngest residents, and mobilization of a broad-based community health partnership to deal with our growing health care access crisis. In addmon to meeting these new challenges, we must also maintain our capacity to deal with communicable disease threats, maintain the County's only family planning program, carry out a wide range of environmental health mandates, and participate actively in Washington State's innovative Public Health Improvement Plan. Washington State is at a decision crossroad as to what kind of public health system it will have in the 21st Century. Long-term, stable funding that allows substantial local control of budget priorities is the key to maximizing the preventive capabilities of our local public health programs. Lack of such funding will further erode our ability to protect our communities ftom existing and future health threats. And in the end result in much , , higher social costs dealing with the health cnn~p.~llen~es of problems that could have been prevented. Replacing lost MVET funds is a crucial step in maintaining existing local public health services. It will not, however, fix the larger problem of unstable and insufficient funding of essential public health services. We ask that you support both short and long-tenn solutions to this problem and make the much needed investment in the health of present and future generations of Washington State citizens. Sincerely, Jefferson County Board of Health Jefferson Board of County Commissioners Port Townsend City Council Jefferson General Hospital District Commissioners Wi~Kastner&6ibbs PLLC LAW FlR~ Dennis D. Reynolds Attorney at Law (206) 233-2924 dreynold@wkg.com Two Union Square 601 Union Street, Suite 4100 Seattle, Washington 98101=2380 P.O. Box 21926 Seattle, Washington 98111-3926 Telephone (206) 628-6600 FAX (206) 628-6611 January 14,2000 89670.100 VIA EXPRESS OVERNIGHT MAIL Richard Mark Sepler, AICP Madrona Planning 1256 Lawrence Street Port Townsend, WA 98368 Re: Appeal of Ray Vines Dear Rick: Thank you for your letter of January 12,2000. Enclosed is a declaration which I need you to sign in order to present your written testimony. If you have any changes to the declaration, please let me know. Once you have signed the declaration would you call Mr. Vines. He will pick up your declaration and take it to the hearing on January 20. I would appreciate if you would be kind enough to make four copies of the declaration once it is signed. Thank you for your attention to this matter. Very truly yours, & GIBBS PLLC ~ ~ Dennis D. Reynolds Attorney at Law DDR:wpc cc: Ray Vines (w/encl.) 1056396.1 Seattle Tacoma 1 2 3 4 5 6 BEFORE THE JEFFERSON COUNTY BOARD OF HEALTH 7 In re the matter of: 8 RAYMOND and LIANN VINES, 9 10 NO. SEP98-0007 DECLARATION OF RICHARD MARC SEPLER, AICP 11 I, Richard MarcSepler, AICP, say: 12 1. I have personal knowledge of the facts and circumstances contained in this declaration. I 13 am competent to testify to the matters asserted herein. 14 2. I have been retained by Raymond and Liann Vines, appellants in the captioned matter, to 15 present testimony in support of their appeal to the Jefferson County Board of Health. 16 3. Attached is my resume which lists my relevant work experience, education, certifications, 17 professional affiliations, awards, and teaching/lecture positions. 18 4. Because of a prior conflict, I am unavailable to attend the scheduled January 20, 2000 19 hearing in person. I thank the Board members for their consideration in this regard. At the request of 20 the appellants, I have prepared a letter to their attorney, Mr. Dennis Reynolds. This letter is a summary 21 of the testimony to be presented on behalf ofMr. and Mrs. Vines to the Jefferson County Board of 22 Health. 23 5. Attached to this declaration and by reference made a part hereto is a true and accurate 24 copy of my letter to Mr. Reynolds submitted on behalf of Mr. Vines. 25 DECLARATION OF RICHARD MARK SEPLER, AICP - 1 Williams, Kastner'" Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle. Washington 98111-3926 (206) 628-6600 \056Wl"L_ 1 6. As shown in my written testimony attached to this declaration, I believe the appropriate 2 decision is to affirm previous code interpretations made by Jefferson County for other property owners 3 and developers (which is common in other cities and counties) that use of an underground septic on a 4 residential zoned lot to serve a commercially zoned lot is permissible. Therefore, in my opinion, septic 5 use on Lot 2 of the plat at Melwood Terrace to serve a commercial structure on Lot 1 is consistent with 6 the Jefferson County Zoning Code, sound planning principles, and fairness. 7 The foregoing statement is made under penalty of perjury under the laws of the State of 8 9 10 11 12 13 14 15 16 17 18 19 20 Washington and is true and correct. "'" Signed at Port Townsend, Washington, this J 8 -day of January, 2000. ~ ¡d( {/g Richard Mare Sepler, AI r 21 22 23 24 25 DECLARATION OF RICHARD MARK SEPLER, AICP - 2 WIlliSIrul, Kastner & Gibbs PLLC' Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-392(, (206) 628-6600 \ 056391.1 JAN-10-2ØØ0 11:12 I"1ADRO'IA PLANN I NG 360 379 0131 P.02 Ir"·'~I~I~CW~II~' ..I\:I"";m"":lSTi[III~1 RIdHARD MARC SEPLER, AICP President EXPERIENCE TvI A L) 1{ () N A EDUCATION University orWashiDgtOD, Seattle; Washington. Master of Urban PlaDDing,1990. . Thc:sis: "Public Participation in Planning: Tbè Development of a Critical Perspective." . Editor, Urban DesifPl and PlauÌúng Ms@:azine Bachelor of Arts Architecture, 1988. · GradWltcd Cum Laude. Phi Beta Kw1a Bachelor of Arts Political Science, 1988. · Graduated Cmn Laude I CERTIFICATIONS American Institute of Certified Planners, # 11048 PROFESSIONAL AFFILIATIONS American Planning Association Past Pr-esident, Olympic Peninsula Section AWARDS HONOR AWARD Physical Plans Category, American Planniflg Ass oc iati Oil, Planning Association of Washington Joint Annual Awards 1991. Port Townsend Urban Waterfront Plan. Project Manager, co-author, primary illustrator_ RESUME Richard Septer is the president of Madrona PI8nDÌng & Development Services. Inc. A eight member p1anning and dcsign finn with offices in Seattle and POI1 Townsend, Washington. As a planncr and designer, he has developed 8 uniqué blend of cross-discipHo3.l)' skills encompassing environmental analysis, site design, community relations and comprehensive planning. Mr. Sepier's p1a.nning and design work bas won several American Pla.nning Association Awards. As Madrona's president, Mr. Septer has bc::tID the project lead! site planner for several large residentiål and commericiat subdivisions and planned unit developments, as well as, for a number of jurisdictional projects. A former planning director, he has demonstœted experience in the permitting and approval process and bas authored both zoning codes, comprehensive plans and subdivision orWn.a.nccs. Concurrent with his practice, Mr. Sepler is also all Adjunct Faculty member oftbc Dcpartment of Urban Design and Planning at the University of Washington. where he has taught courses on site planning, subdivision design. and small town planning. TEACHING/LECTURES ADJUNCf FACULTY - Department of Urban Design and Planning, College of Architecture and Urban Planning, University of Washington. . Originated and taught URBP 498, Sustainable Site Pla'nning. Summer Quarter 1998-1999. . Originated and taught URBP 498, Site Planning/or Subdivi:,'ions and Planned Unit Developments, Summer Quarter, 1994·1997. · Originated and taught URBP 498 F, Planning in a Small Town: 1.~.'ìUes. Methodologies and Techniques. Summer Quarter, 1996. Member, Professionals Council· Department ul Urban Deslgn and Planning. University afWashington. 1999· Present, INSTRUCTOR· Creating Livable Sustainable Cummunilies While Managing Growth, Workshop, Growing Smart: A Conference for Citizens Working Together to Stop Sprawl aDd Create Livable Communities, sponsored by 1000 Friends ofWasWngton, June 1999. INSTRUCTOR - Sustainable Site Planning rVorkslzop, American Planning Association, National Planning Conference:, April 1999 . BOARD MEMBER - Community Planning Advisory Board.. Educational Outreach Program, University of Washington, 1995-present. INSTRUCTOR - Integratin.g Salmon Recovery and Land Use Planning, Certificate Program in: Community Planning, University of Washington, 1999 MAORONA PLANNING & DEVELOPMENT SERVICE:S JAN-10-2Ø00 11:12 MADRONA PLANN I f'.a3 360 379 0131 P.03 0.1l\ L) 1\ () N ^ ër..;..:'~J~n;G ~ C~JE.L(·J;:!vŒJ:r :~.~~.~cr..s . HONOR A WARD Physical Plans Category, American Planning Association, P1~ing Association of Washington Joint Annual Awards 1991. Port Townsend Urban Waterfront Plan. ,Project Manager. co-author, primary illustrator. . · llTHANNUALCOLLEGE AWARD Group Project. Col1ege of Architecture and Urban Planning, Univèrsity of Washington, 1990. Seatt~e Central Waterfront: Restoring a Community Vision. Co-author, primary illustrator . SPECIAL SERVICE RECOGNITION AWARD Dept ~fUrban Design & Planning University of Washington, 1990. TEACHINGILECTURES - continued INSTRUCTOR - Integrating Theory and Professional Practice, Certificate Program in Community Planning, University of Washington, Winter Quarter 1998-1999. rNSTRUCTOR - With a Water View. Land,çcape: A Watershed Perspective Workshop, Washington State University - Cooperative Extension, 1995- 1999. INSTRUCTOR. Removing the Barriers to Smart Site Developmen.t, Workshop, Sustainable Building Northwes[ Conference, sponsored by King County Solid Waste Division, 1997. LECTURER ~ Department of Landscape Architecture, College of Architecture and Urban Planning, Univcrsity of Washington. . Originated and taught LARCH 402, Site Planning as if People Mattered, Wmter Quarter, 1997. PANEL MEMBER - Cutting Edge Approaches to Open Space and Gret1nbelts, Voicing for Open Space Planning in Washington Conference. sponsored by 1000 Friends of Washington. October, 1995. PROJECT PANEL -lnnQvative Development Projects and Techn.iqu.es, The Quality Urban Environment Conference, sponsored by King County and the Urban Land Institub::, Puget Sound District Council, March, 1994. MADRONA PLANNING & DEVELOPMENT SERVICES TriTe. 5604 20th Ave NW Seattle, Washington 98107 Phone 206.297.2106 Fax 206.297.2301 E-mail: mpds@nwlink.com 1256 Lawrence Street Port Townsend, Washington 98368 Phone 360.379.8151 Fax 360.379.0131 E-mail: madrona@olympus.net January 12,2000 Mr. Dennis Reynolds Williams, Kastner & Gibbs Two Union Square, Suite 4100 Seattle, W A 98111-3926 Re: Mr. Ray Vines Application for On-site Septic Pennit Dear Mr. Reynolds, As we understand it, you have asked our ftnn to identify and analyze general planning issues associated with the establishment of supporting utilities and infrastructure for commercial development on land located outside of a commercial zoning designation. Specifically, you wish us to comment on the zoning issues associated with locating a sanitary drain field for a commercial use on an adjacent residential property. As you are aware, our finn has extensive experience in the preparation, application and administration of land use regulations. In our capacity as jurisdictional contract planners, we currently implement and/or administer zoning, subdivision and environmental regulations for the Cities of Seattle, Federal Way and Woodway, and for Clallam County. In addition, we are currently preparing land use regulations for the Cities of Shoreline, Des Moines, La Conner and Brem~rton as well as for Kitsap County. We have applied our land use experience towards an analysis of the subject issue, and have found the following: 1. A central tenet of traditional land use zoning is the need to maintain a clear separation between differing land use zoning districts. This is especially true when the subject zones are commercial and residential. When commercial development is proposed adjacent to the boundary of a residential zoning district, good planning practice recommends that activities associated within the more intensive commercial district not be permitted to "leak" into adjacent less Letter to Mr. Dennis D. Reynolds Williams, Kastner & Gibbs January 12,2000 Page 2 intensively zoned residential areas. Towards this end, accessory and supporting activities for a commercial use are often strictly prohibited from establishment within adjacent, less intensively zoned residential land. In practice, this typically results in a prohibition of activities which could allow the "leaking" of impacts from a commercial district to an adjacent residential district. Such activities are usually construed to include any portion of the primary use and/or uses that are subordinate, supporting or accessory to the primary use such as outside storage or vehicular parking. The extent of these prohibitions are typically limited to those facilities and/or activities which by their nature would generate an undesirable, unanticipated impact on the integrity of the residential district. Clearly, not all facilities and/or activities generate such impacts. It has been our experience that the vast majority of jurisdictions allow for underground utilities and/or stonnwater management facilities and/or water supply wells that serve commercial development to be sited within non-commercially zoned land. The basis for this exception is that the potential impact to the integrity of the residential zone from the establishment of said facilities is negligible. Specifically, underground utilities such as sanitary sewer drain fields which are sited and established consistent with applicable health department and state requirements do not generate undesirable, unanticipated impacts which would threaten the integrity of a residential district. This conclusion is further validated by the fact that ~ residential drain field of similar or greater intensity could be established outright within the residential zoning district. A residential facility of this type would be indistinguishable in its potential effect on the zoning district from those supporting out-of-district commercial uses. 2. Although some may argue that the inability to site a drain field wholly within the boundaries of a subject commercial property serves as an effective means of establishing a limit to the intensity of development which can occur on-site, it is unlikely that achieving this outcome was considered when the commercial zoning district was established. Typically, reliance on septic suitability as a means of Letter to Mr. Dennis D. Reynolds Williams, KasUler & Gibbs January 12, 2000 Page 3 limiting the intensity of commercial development is poor planning because changed circumstances often occur (Le. extensions of sewer lines to serve subject properties, the advent of new technologies which can accommodate increased onsite development densities, etc.). In practice, jurisdictions more commonly use Floor Area Ratio's (FAR) or bulk and scale limitations to appropriately address desired limitations on the intensity of commercial development. Please feel free to contact me directly should you wish to discuss our conclusions this m~t~~r further. Sincerely, ~ M-A,t- Richard M. Sepler, AICP President Cc: Mr. Ray Vines 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE JEFFERSON COUNTY BOARD OF HEALTH In re the matter of: RAYMOND and LIANN VINES, NO. SEP98-0007 APPELLANTS' FINAL LIST OF EXHIBITS Permitting Approvals: Use of off-site sewer on residential lots to serve commercial uses on adjoining parcels. 1. 2. 1999. 3. 4. 5. 6. 7. Denial of revised application for septic dated November 19, 1999. Memo from Michelle Grewall, Assistant Planner, to Linda Atkins, dated November 18, Decisions of Hearing Examiner dated July 29, 1997. Letter, Dennis D. Reynolds, to David W. Alvarez with attachments. Code Interpretation and Letter Agreement dated August 12, 1998. Letter of October 26, 1998, Board of County Commissioners to Ray and Liann Vines. A. Circle and Square; B. Paradise Interiors; C. Swan Market. 8. Resume of Richard Marc Seplar, AICP Madrona Planning. 9. Resume of David Jensen, D.R. Strong Engineering. APPELLANTS' FINAL LIST OF EXHIBITS - 1 1055390.1 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 10. II. 12. 13. Application for septic approval and related correspondence. Request for Variance, No. ZON97-0018, dated May 23, 1997. Letter dated June 26, 1997, re Setback Variance No. ZON97-0018. Declaration of Richard Marc Seplar. RESPECTFULL Y SUBMITTED this 20th day of January, 2000. 22 23 24 25 WILLIAMS, KASTNER & GIBBS PLLC \- ~ tv¡ ~dA/ By Dennis D. Reynolds WSBA #04762 Attorneys for Appellants Two Union Square 601 Union Street, Suite 4100 P.O. Box 21926 Seattle, W A 98111-3926 (206) 628-6600 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 APPELLANTS' FINAL LIST OF EXHIBITS - 2 1055390.1 County Health & Human Services November 15, 1999 RAY VINES 331 BA YSHORE DR PORT LUDLOW W A 98365 RE: Melwood Terrace, Lots 1 & 2 #972-000-001 & 002, SEP98-0007 Dear Mr. Vines: On November 5, 1999 this office received an application for a revision of an application for a drainfield on lot 2 to serve a building on lot 1 ofMelwood Terrace. A copy of the revision has been forwarded to Development Review because this involves a commercial development. The permit cannot be issued until this office has been notified that the proposal conforms to planning and zoning requirements. The existing permit that was approved for lot 1 must be renewed to stay valid.. The renewal notice is enclosed. Please submit the required renewal fee if you want to keep the permit valid. Please contact this office if you have further questions. ~inc re~ IL/.l . r-r-i:. --f:::1t/rJ , Linda Atkins R.S. Jefferson County Environmental Health Division C Michelle Grewell, Development Review Dave Jensen P.E., D.R. Strong C?...l'\C-. co ::ì~ HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE 360/385-9400 FAX 360/385-9401 FROM :MBE 360 385-3058 FX TO :12066286611 1999.11-27 12:51PM ~650 P.02/02 TO: FROM: DATE: SUBJECT: JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street Port Townsend, WA 98368 AI Scalf, Director MEMORANDUM Linda Atkins. Jefferson County Environmental Health Departm(""I1t Michelle Grewell, Assistant l]lanner v1IflIß--- November 18. 1999 Ray Vines, Melwood Terrace This memo is to clarify that the Jefferson County Hearing Examiner made a decision 011 July 29, 1997 to deny a variance request from Ray Vines regarding septic installation on Lot 2 ofMeJwood Terrace Subdivision. The Hearing ExamÎl1er Decision was 110t appealed by Mr. Vines. Un1iI such time that I.ot 2 is re-zoned to commercial, a septic system cannot be utilized to support commercial activity/uses for Lot 1. .~.~ BqjJqina Permits/lnsp.~.çtions (360) 379-4450 DeveloDmel11 Review DivisioJl Long Range Planning FAX: (360) 379-4451 . 1 OFFICE OF THE HEARING EXAMINER FOR JEFFERSON COUNTY 2 3 6 RE: Application by Ray Vines for ) File No. ZON97-0018 a variance to the setback from an ) adjoining "R" zoned lot to allow a) zero (0) foot setback, on ) commercial zoned property in the ) FINDINGS, CONCLUSIONS, Port HadlocK area. ) ) AND DECISION ) ) ill Œ®ŒßWffi ill FINDINGS OF FACT JUL .~ 0 1997 ~ JEFFERSON COUNTY PERMIT CENTER 4 5 7 8 9 10 11 12 BACKGROUND INFORMATION 13 Proposal: The applicant has requested the following variance froIt 14 the Jefferson County Interim Growth Strategy Ordinance, (Ordinance 15 No. 05-0214-96) as follows: (1) To vary from the . requirements of 16 section 4.40, Commercial and Industrial Bulk, Dlmensional and General 17 Requirements for Lands within Designated Rural Centers, Table 12.4. 18 This table requires-ãffi~-· side ~nd rear setback of 25 feet for 19 commercial structures when property abuts an established residential 20 development or a "R" zone. The ~ubject property (lot,~ is zoned 21 General Commercial (C-2) and the adjoining property is zonec 22 Residential (R-3, one residenée per 3 acres). Said variance 23' application is to allow the construction of a commercial building 24 with a zero (0) foot setback from the side property line. 25 Applicant: Ray Vines 26 Applicant's Address: 331 Bayshore Dr., Port Ludlow, WA 98365 27 Property Address: Unassigned. 28 Property Location: The project site is loc?ted at the intersection . 29 of Oak Bay Ro~d (SR-116) and Ann Kively Drive. The property fronts on Ray Vines Variance ZON97-OO18 Page 1 Findings. Conclusions and Decision 1 both SR-116 and Ann Kively Drive, a county road. The site is withi 2 the community of Port Hadlock. 3 Legal Description: Lot 1 of the Plat of Melwood Terrace, in Section 4 1, Township 29 North, Range 1 West, W.M. Parcel No. 972 000 001. 5 Zoning: General Commercial (C-2). 6 Comprehensive Plan Map Designation: Commercial. 7 Property Description: The subject property is the northerly most lot 8 within the Plat of Melwood Terrace, and contains approxLmately 14,000 9 square feet, or 0.32 acres. It is triangular in shape. Adjacent to 10 the state highway, it's east-west dimension is about 200 feet and the 11 north-south dimension adjacent to Kively Drive is about 220 feet. 12 Its depth varies from 50 to 110 feet and averages about 80 feet. 13 Surrounding Conditions: Properties across Oak Bay Road and to the 14 northwest are developed in commercial uses. The Plat of Melwood 15 Terrace is partially developed with single family residences. 16 PROCEDURAL INFORMATION 17 Applicable Regulations: The variance application is subject to 18 provisions of Title 18, Chapter 18.85 of, the Jefferson Courlty Code. 19 following variance review criteria apply to the variance application. Sectio 20 18.85.020 Review Criteria, (1), (2), (3), (4), (5), (6),&(7); and Section 18.85.020 21 (1) & (2). Jefferson County Code, Chapter 18.105, Expiration ()f Permits, an 22 Section 2.05.120, Hearing' Examiner Powers and Duties, of the 23 Consolidated Permit Review Process also apply. 24 Hearing Date: July 15, 1997. 25 Site Visit: July 15, 1997. SEPA: A variance is categorically exempt. Notices: Mailed: July 2, 1997 Posted: July 1, 1997 26 27 28 29 Publication: July 2, 1997 (Port Townsend Leader). Ray Vines Variance ZON97-0018 Page 2 Findings, Conclusions and Decision 1 TESTIMONY: 2 The public hearing was opened on July 15, 1997 at 2:30 p.m. in the 3 Courthouse Lower Level Conference Room. After the procedures for the 4 public hearing were explained, testimony was accepted. All testimony 5 was taken under oath. A verbatim recording of the public hearing was 6 made and is maintained in the Jefferson Permit Center file. 7 Jerry Smith, Development Review Associate Planner, presented the 8 Staff Report together with its Attachments A through H. One item of 9 new correspondence received since the publication of the Staff Report 10 was submitted: a letter dated July 10, 1997 from Ursula E. Morrow, 11 an adjacent property owner. Mr. Smith explained the staff 12 recommendation in greater detail, pointing out the corrected setback 13 requirements, namely that Ann Kilvey Drive is a local access street 14 requiring a 25-foot setback rather than 30 feet. The setback from 15 Lot 2 is 25 feet. Mr. Smith explained that the Zoning Code allowed 16 the setback areas to be used for signs, parking, and landscaping. 17 Landscaping is required along a residential zone boundary. 18 Ray Vines, Applicant, testified that he has owned the subject Lot 1, 19 as well as Lots 2 and 3, for 17 years. Mr. Vines argued that the 20 setback requirements have become worse. Mr. Vines testified that 21 site conditions on Lot 1 require him to use the setback along Oak Bay 22 Road for a septic drainfield. The soil limitations for drainfields 23 extends over lots 2 and 3, in fact, lot 3 is virtually unbuildable. 24 Mr. Vines offered to place a covenant on lot.2 to tie it to lot 1 25 because of the setback variance, thereby precluding its development. 26 Also, Mr. Vines would like to place the required landscaping on lot 27 3. Mr. Vines noted a letter regarding drainfields by their engineer, 28 D. R. Strong Engineers. 29 Ray Vines Variance ZON97-OO18 Page 3 Findings. Conclusions and Decision 1 Rick Sepler, Madrona Planning, testified as a consultan1: for the 2 Applicant [see also Attachment B to the Staff Report]. Mr. Sepler 3 argued that a drainfield can be placed on Lot 2 and serve Lot 1. Mr. 4 Sepler repeated his client's offer to tie Lot 2 to Lot 1 with a 5 restrictive covenant, and to make the County a party to the covenant 6 so that no future owners would be surprised. 7 Mr. Sepler argued that the staff reference to Lot 27 is inappropriate 8 because that lot is different. Lot 27 is residential - not 9 commercial. It is not on the highway. Lot 27 required half of Lot 10 28 for drainfields. 11 Mr. Sepler also argued that it is important for marketing and parking 12 efficiency to have the commercial building parallel to Oak Bay Road. 13 Mr. Sepler also pointed out that the Applicant was not proposing as 14 much square footage of building as would be allowed without a 15 variance, but rather a configuration that allowed a longer building 16 and parallel placement to the arterial. 17 Mark Huth, Attorney for the neighbors in opposition, submitted a \ 18 Hearing Memorandum and explained some' of the history of the 19 applicant's past actions. The Applicant previously triE!d to expand 20 the commercially zoned lot. Neighbors took the matter t:o court to 21 uphold the existing covenants; the covenants were upheld. Mr. Huth 22 argued that a drainfield serving a commercial use on Lot: 1 would not 23 be permitted under the covenants on Lot 2. Mr. Huth noted also that 24 the Zoning Code requires that ALL variance criteria had to be met in 25 order to approve a variance. Mr. Huth's comments are contained in 26 detail in his Hearing Memorandum [Exhibit 3]. 27 Mr. Huth described the history of the restrictive covenants on the 28 property and the past court actions to enforce those covenants. The 29 Ray Vines Variance ZON97-D018 Page 4 Findings. Conclusions and Decision 1 Court ruled in favor of his clients in 1981 and again on a separate 2 case on June 27, 1997. 3 Bill Breitweg, owner of Lots 18-19, testified in opposition, 4 observing that the Applicant could meet the setback requirements. 5 Mr. Breitweg argued that there would be traffic problems caused by an 6 excessively large commercial development. Also, it is not known what 7 kind of commercial use would be developed. Commercial traffic will 8 be invited into the residential neighborhood because of the access 9 onto Kively Drive. 10 Mark Huth continued his oral arguments to question any notion of a 11 "bench" in the site's topography. 12 Rick Sepler made rebuttal testimony on the following: 13 a. Contends that Lots 2 and 3 could be used to support off- 14 site drainfields. 15 b. In support of unusual conditions argues that Port 16 Townsend's zoning code allows zero setback. 17 c. While there is a potential. for a larger building, the >< 18 variance could be conditioned to preclude exceeding that contained in 19 the application. 20 d. A hardship is created by forcing the placement of the 21 commercial building. Efficient use, drainage, and expectations for a 22 commercial building parallel to the arterial would suffer. 23 e. Contends that the Zoning Code would not be eroded because 24 they would still comply with the landscaping requirement. 25 f. Stated that the law suit is not relevant. 26 g. Argues that the traffic impact is not significant, noting 27 that the parking requirement will be much less than the SEPA 28 threshold of 40 spaces. 29 Ray Vines Variance ZON97-o018 Page 5 Findings. Conclusions and Decision 1 h. Concluded that a commercial building could be placed 2 within the setbacks - but not efficiently. 3 Jerry Smith, in final Staff comments, noted that the variance 4 application did not include an application for variance to the 5 landscaping requirements. 6 Rick Sepler responded that the landscape buffer proposal was part of 7 the application. 8 Mark Huth responded that due process was not met. 9 There being no other parties present and wishing to testify, the 10 public hearing was closed at 3:30 p.m. 11 EXHIBITS: 12 Exhibit 1: Staff Report dated July 8, 1997, together with its Attachments A 13 through H. 14 Exhibit 2: Exhibit 3: Exhibit 4 : Letter from Ursula E. McMorrow dated July 10, 1997. 15 Hearing Memorandum by Attorney Mark Huth dated July IS, 1997. 16 Copy of Protective Covenants for Melwood Terrace, recording under 17 Jefferson County Auditor File No. 225397. 18 Exhibit 5: Log Sheet left out of the Staff Report attachments. 19 Exhibit 6: Guest List (sign-up sheet) for Public Hearing. 20 FINDINGS: 21 1. The Staff Report contains a detailed analysis of the proposed 22 variance application's compliance with applicable policies and 23 regulations. The Hearing Examiner has reviewed the Staj:f Report, 24 viewed the property in the field, and conducted a public hearing, and 25 now considers the whole record in making findings and conclusions 26 below, organized by Issues and by applicable Zoning Code~ Criteria. 27 Issue: Consideration of Private Covenants in a Zoning ~rariance. 28 2. Opposition argues that the restrictive covenants should be 29 recognized in considering the variance, noting that Lots 2 and 3 are Ray Vines Variance ZON97-0018 Page 6 Findings. Conclusions and Decision 1 restricted to residential use and all lots are subject to certain 2 setback requirements. The general rule is that restrictive covenants 3 cannot be used as grounds to deny a zoning variance; whereas, those 4 same covenants may provide grounds for a separate action.1 On the 5 other hand some land use authorities in discussing the conflict 6 between private restrictions and zoning state that many courts hold 7 that restrictive covenants cannot be abrogated by zoning.2 8 3. Pointing out that the subject covenants have been upheld in 9 court, the Opposition argues that a variance in conflict with those 10 covenants will ". adversely affect the character of the 11 neighboring adjacent property owners" because the covenants protect 12 the interests of the neighboring property owners.3 13 Issue: Use Variance. 14 4. Use variances are not permitted nor has one been specifically 15 requested. At issue is whether the use of a portion of Lot 2 for an 16 underground drainfield to serve commercial uses on Lot 1 and whether 17 the use of a portion of Lot 3 to meet the landscaping requirements of 18 a commercial development on Lot 1 con~titute use variances. If the 19 drainfield use of Lot 2 were to render Lot 2 as unusable for a 20 residence, then it would be exclusively devoted to the commercial use 21 and would constitute a use variance. 22 5. The Jefferson County Zoning Code is clear that commercial 23 parking cannot be placed on a residential lot. The Courts have held 24 that "business" is the antonym of "residential".4 25 26 27 1 Martel v. Vancouver, 35 Wn. App. 250, 257, 666 P.2d 916 (1983); Mains Farm v. Worthington 64 Wn. App. 171, 824 P.2d 495 (1992). 2 Donald G. Hagman & Julian C. Juer~ensmeyer, Urban Planning and Land Development Control Law § 19.10 (2n ed. 1986) 3 See Exhibit 3, Opponents Hearing Memorandum at page 8. 4 Hageman v. Worth, 56 Wn.App. 85, 91, 782 P.2d 1072 (1989). 28 29 Ray Vines Variance ZON97..Q018 Page 7 Findings. Conclusions and Decision 1 6. While some have argued that the line between business and 2 residential should not be so absolute and an incidental approach 3 should be followed, one such decision was reversed.s 4 Issue: Supporting or Accessory Uses on Residential Lots. 5 7. While the Zoning Code is not explicit that all requirements of a 6 C-2 commercial use must be met within a C-2 zoned lot, a reading of 7 the whole Code supports such a finding. For instance, the 10 foot 8 landscape buffer must be located on the common boundary line between 9 commercial and residential zones. Accessory use is defined relative 10 to the main use on the lot. Placement of such supporting uses on 11 other land would result in commercial uses occupying greater space 12 than anticipated. 13 8. A possible exception to this rule of providing all requirements 14 within the commercial zoned lot is the provision of drainfields for 15 sewage treatment. Such facilities are underground and normally do 16 not create off-site impacts. Moreover, the sewage drainfield need 17 does not exist when sewers are provided. 18 Applicable Zoning Code Variance Criteria: 19 9. The seven variance criteria contained in JCC 18.85,,020 are 20 addressed in the Staff Report at pages 2 through 7. The Staff 21 Comments contain certain facts which are hereby adopted as Findings. 22 23 CONCLUSIONS OF LAW 24 Issue: Consideration of Private Covenants in a Zoning Variance. 25 1. The general rule that restrictive covenants cannot be used as 26 grounds to deny a zoning variance is clear; however, in this case 27 28 29 5 Metzner v. Wojdyla, 125 Wn.2d 445, 886 P.2d 154 (1994), reversing Metzner v. Wojdyla, 69 Wn. App. 405, 848 P.2d 1313 (1993). See also Burtc,n v. Douglas ~, 65 Wn.2d 619, 399 P.2d 68 (1965). Ray Vines Variance ZON97-OO18 Page 8 Findings, Conclusions and Decision 1 where recent litigation clarifies the allowed uses on Lots 2 and 3, 2 the effects of the covenants can be a consideration short of a sole 3 reason for denial. 4 Issue: Use Variance. 5 2. Use variances are not allowed.' 6 Issue: Supporting or Accessory Uses on Residential Lots. 7 3. supporting and accessory uses must be located on the C-2 zoned 8 Lot 1. While it may be argued that an underground drainfield may be 9 located off-site, there would have to be a permanent joining of the 10 lots to assure that such off-site drainfield would not be violated by 11 another use. Such joining of lots, whether by easement or covenant 12 would constitute an effective expansion of the C-2 zone, and 13 therefore not be allowed. 14 Variance Review Criteria: 15 4. The Zoning Code requires that ALL of the seven variance criteria 16 contained in JCC 18.85.020 must be met in order to authorize a 17 variance. The following cited criteria are each followed by 18 applicable conclusions: 19 (1). The restrictive effect of the specific zoning regulation construed literally as to the specific property is unreasonable due to unique conditions relating to the specific property such as: size, shape, topography, location, proximity to a critical area or character of surrounding uses, or that strict application of the regulation would be unreasonable in view of the purpose to be served by the regulation; 20 21 22 5. The mere change of zoning requirements, such as setbacks, does 23 not meet criterion (1). There must be a showing of an unreasonab~e 24 result from the application of the requirements to the unique features of the land. Lot 1 was apparently contemplated for commercial use upon its original platting, as evidenced by the covenants placed on the plat. This criterion must be read together 25 26 27 28 29 6 JCC 18.85.030 Ray Vines Variance ZON97-OO18 Page 9 Findings. Conclusions and Decision 1 with the next criterion, which precludes the personal ci.rcumstances 2 of the applicant. Staff has shown that a building larger than 3 proposed by the applicant could be placed on the lot without a 4 variance, which the Applicant does not dispute. Furthermore, the 5 Zoning Code setbacks only apply to building locations, and not 6 parking and landscape requirements. Therefore, there is no showing 7 of unreasonable application of requirements. 8 9 10 6. (2). The hardship relates to application of the standard to the land, rather than the personal circumstances of the applicant; The variance is needed to accommodate the building proposed by 11 the applicant and placed as proposed by the applicant. The argument 12 that a commercial building must be placed parallel to an arterial is 13 not persuasive given nearby business developments. Claims of loss of 14 parking and circulation efficiencies are belied by the applicant's 15 explanation that parking would not be located along Oak Bay Road 16 because that land is the only suitable drainfield site. The variance 17 results from the personal circumstances of the applicant¡, and this 18 criterion is not met. 19 20 (3). The granting of this variance will not serve to erode the purpose of this ordinance. 21 7. A building smaller than permitted, placed to meet buffer 22 requirements, could be cQnditioned sufficiently to preclude eroding 23 the purpose of the Zoning Code. However, the variance as requested 24 would place above ground requirements on residential lots and thereby 25 erode the purpose of the Zoning Code. 26 27 (4). The variance so granted would allow reasonable use of the property; and would not adversely effect the use of the neighboring properties; 28 8. Once again, the seven variance criteria must be read together. 29 To "allow reasonable use of the property" assumes that the zoning Ray Vines Variance ZON97-OO18 Page 10 Findings. Conclusions and Decision 1 requirements actually preclude a reasonable use. Such is not the 2 case here because a building of equal or greater floor area could be 3 placed within the prescribed setbacks. Denial of the variance would 4 not preclude business use of the property. The variance as requested 5 would adversely effect the use of the "neighboring properties" 6 noting that the placement of buffers on adjacent lots does not buffer 7 from other directions. 8 (5). The variance does not authorize deviation from the specific use restrictions contained in this Ordinance; 9 10 9. The variance as requested would place some of the commercial 11 requirements on residential lots, thereby violating specific use 12 requirements. 15 10. (6). The granting of the variance will not be materially detrimental or contrary to the Comprehensive Plan and will not adversely affect the charaeter of the neighborhood and the rights of neighboring adjacent property owners; and The opponents argue that proposed Comprehensive Plan amendments 13 14 16 would change the designation from commercial to rural. Courts have 17 held that proposed plans or ordinances cannot be considered in 18 similar land use applications.' Granting the variance as requested 19 would allow extending the commercial building toward Lot 2 and 20 placing commercial supporting uses on Lots 2 and 3. The end result 21 would affect the character of the neighborhood, particularly since 22 the Applicant owns Lots 2 and 3 and would likely maintain the threat 23 of future attempts to expand. 24 25 26 11. (7). The granting of the variance does not cause a significant detrimental effect to the public intærest. If all other criteria were met, it would be difficult to argue 27 that an analysis of criterion (7) would identify sufficient separate 28 29 1 Norco Const. Inc. v. King County, 97 Wn.2d 680, 682, 649 P.2d 103 (1982). See also West Main Assocs. v. Bellevue, 106 Wn.2d 47, 52, 720 P.2d 782 (1986). Ray Vines Variance ZON97-OO18 Page 11 Findings. Conclusions and Decision 18 19 20 21 22 23 24 25 26 27 28 29 1 causes to deny the variance. However, many of the same reasons 2 stated above also support a conclusion that this criterion is not 3 me t . 4 Summary Conclusions: 5 12. It is significant that the Applicant is not precluded from 6 commercial use of Lot 1 without a variance. In fact, a building 7 larger than proposed can be constructed. The allowed building 8 envelop is large enough to design a variety of configurations of the 9 size building proposed, which then leads to a firm conclusion that 10 the only purpose of the request is to extend the commercial as close 11 to or onto Lots 2 and 3. Thus, criteria (I), (2) and (4) are clearly 12 not met. Since ALL criteria must be met before a variance can be 13 authorized, the variance as requested must be denied. 14 15 DECISION 16 The variance as requested by Ray Vines is hereby DENIED" 17 ORDERED this 29th day of July, 1997. ~~ íS~~ Irv Berteig Hearing Examiner for Jefferson County Ray Vines Variance ZON97-QOI8 Page 12 Findings. Conclusions 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: í.. J 1- '17 9-- 6 '7 Ray Vines, 331 Bayshore Dr., Port Ludlow, WA 98365 8 Rick Sepler, Madrona Planning, 1256 Lawrence St., Port Townsend, WA 98368 9 Mark Huth, Attorney, PO Box 303, Port Townsend, WA 98368 10 Bill Breitweg, PO Box 22, Port Hadlock, WA 98339 11 Arnold and Ellie Day, 120 Lylus Lane, Port Hadlock, WA 98339 12 W.J. and Helen Wynn, 121 Lylus Lane, Port Hadlock, WA 98339 13 William M. Clarke, PO Box 123, Port Hadlock, WA 98339 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Ray Vines Variance ZON97-0018 Page 13 Findings. Conclusions and Decision Williams~Kastner&Gibbs PLLC LAW FIRM Dennis D. Reynolds Attorney at Law (206) 233-2924 dreynold@wkg.com Two Union Square 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 P.O. Box 21926 Seattle, Washington 98111-3926 Telephone (206) 628-6600 FAX (206) 628-6611 January 14,2000 89670.1 00 VIA FACSIMILE -1-360-385-9186 Mr. David W. Alvarez Deputy Prosecuting Attorney Civil Division Jefferson County Office of Prosecuting Attorney Courthouse - P.O. Box 1220 Port Townsend, W A 98368 Re: Your Letter of November 18, 1999 (Ray and Liann Vines) Dear Mr. Alvarez: Your letter of November 18, 1999 regarding Mr. and Mrs. Vines is not one I would normally respond to. I see no point in responding to a public agency that has asked to be sued for its illegal and arbitrary decisions. However, the letter has some factual inaccuracies which need to be corrected. First, to our knowledge, and that of our client, the Vines do not hold a building permit on Lot 1 of Melwood Terrace with permission to build an auto detail shop. Our client's permit has been pending for 23 months! Yet, for no explanation, the permit is not issued. Ifthere is a permit, please provide a copy and its issuance date. Second, the Vines have for some time desired a commercial development on Lot 1, specifically a professional office building. However, the Vines were forced to file an application for the auto detail shop, as there was no time to design and file a complete application for the professional office structure. The Vines had to file an application to vest because at the time Jefferson County was downzoning all of their properties, including Lot 1, Lot 1 has been zoned commercial for the most part over the last 25 years; Lots 2 and 3 were also zoned commercial until 1994. See enclosed chart, zoning history. As proposed, unless offsite sewer is allowed, the proposed detail shop is limited to 1,400 square feet. This leaves room only for nine parking spaces. It is noted that an auto detail shop may not be as compatible with the other uses within the plat of Melwood Terrace, which are residential. 1050626.1 Seattle Tacoma .....,' Mr. David W. Alvarez January 14,2000 Page 2 In the summer of 1998, the Vines discussed a 3,000 square feet (two stories) structure for professional office use located entirely on Lot 1. This proposed structure would have 20 parking spaces. The County's Planning Director (and its Prosecuting Attorney) offered to Mr. Vines a solution to site this structure on Lot 1 in return for foregoing a possible challenge to the County's Growth Management Act Comprehensive Plan. Specifically, septic would be placed on Lot 2. When Mr. and Mrs. Vines expressed concerns whether they should undergo the cost of design of the new structure, plus submittal of new septic application, they were assured by the Planning Director that he had authority to issue interpretations under the Zoning Code. This authority was confirmed by David Skeen, who was the prosecutor at the time in Jefferson County. Mr. Scalf stated nothing in the zoning code precluded the Vines from using Lot 2 for septic to serve Lot 1. Mr. Scalf also stated no new application fee would be required if the Vines amended their pending building permit application. When Mr. and Mrs. Vines were still hesitant, Mr. Skeen and the Planning Director suggested a letter agreement which they requested be placed on our firm's stationery. We did so. The August 12, 1998 letter containing the code interpretation was signed and acknowledged by the Planning Director, after approval by Mr. Skeen. The authority of the Planning Director to issue interpretations of the type requested by the Vines is clear and unequivocal in Jefferson County's land use codes. See Ordinance No. 05-0828-99. The authority of the Prosecuting Attorney to involve himself in this matter is also clear as litigation was a distinct possibility. Because potential litigation was a concern, Mr. Skeen was urging the Vines to work out an arrangement for development of Lot 1 with Jefferson County in order to avoid a possible challenge to the County's soon to be adopted Growth Management Act Comprehensive Plan. It is unfortunate that your office now takes the position that the County Prosecuting Attorney has no authority to resolve anticipated litigation, but it has the authority to read out of the Zoning Code the power ofthe Planning Director to issue code interpretations. I secured and transcribed a copy ofthe tape of the meeting held by the Board of County Commissioners with attorney Mark Huth, representing the property owners, at which time the "legality" of the letter was discussed. (Mr. Vines was unable to have his legal advisor present.) Mr. Huth blatantly and incorrectly advised the Board of County Commissioners at the meeting that the letter agreement must be rescinded because of the final decision of the Hearing Examiner, dated July 29, 1997, and the "findings of fact and conclusions oflaw" entered in Vines v. Porsch, et al. Mr. Huth stated the letter agreement was illegal based on those decisions.! 1 County staff advised the Commissioners that the Vines never brought these decisions to their attention before the August 12, 1998 letter was executed by Mr. Scalf. Yet, pre-agreement meeting notes provided pursuant to the Public Disclosure Law show exactly the contrary: the decisions were discussed and not found to present an impediment to commercial development of Lot 1, including use of Lot 2 for sewer. 1050626.1 Mr. David W. Alvarez January 14,2000 Page 3 As shown below, however, the Hearing Examiner has never considered an application for offsite sewer submitted by Mr. and Mrs. Vines, and at the time of the Commissioners' meeting no such application had been submitted or was pending. It is a misrepresentation to suggest the Hearing Examiner (or the court) decided anything. It is impossible for either entity to act upon a sewer application not submitted by the Vines until years after these entities issued their decisions. The opposition to the August 12, 1998 letter by the neighbors is not remarkable since they oppose any development by the Vines. What is disconcerting is the Commissioners' buy-in into the neighborhood opposition. The Commissioners were also advised by Mr. Huth that the letter would also violate the conditions, covenants, and restrictions ("CC&Rs") ofthe plat of Melwood Terrace. A review of the tape transcription of the meeting shows that the Commissioners illegally took it upon themselves to enforce the CC&R (as they interpreted them). To do so is totally beyond the authority of a public agency - and also assumes a violation of the CC&Rs, which is highly debatable, since the CC&Rs are properly interpreted as prohibiting only commercial structures on Lot 2. We believe it a stretch to conclude an in the ground, out of sight, out of mind, septic system is a commercial structure. In any event, septic is allowed throughout the entire plat, without restriction by the CC&Rs. It is noted that for most of the history of Melwood Terrace, lots two and three in the Vines' ownership have been zoned commercial. See enclosed letter of October 29, 1996, plus diagram history. It is also observed that for a portion of time Lot 1 was zoned residential, not commercial by Jefferson County. This step was taken even though under the CC&Rs, only Lot 1 is allowed commercial use. None ofthese zoning actions were thought to present a concern to Jefferson County as to a "conflict" with the CC&Rs. There is no conflict between zoning and CC&Rs, so long as the zoning designation would allow uses consistent with the CC&Rs. In this case, when lots two and three were zoned commercial, residential use was permitted as part of the permitted uses under the commercial designation. Therefore, there was not, and still is not, any conflict. The only conflict was when Lot 1 was prohibited any commercial use. The Board of County Commissioners, has gone on record numerous times that it must take zoning actions which are "consistent" with the CC&Rs. However, there has been a blatant failure to understand the concept of consistency. What has actually happened is that the County has assumed a role of enforcing private interpretations of the CC&Rs offered by an attorney retained by the local residents. These residents, who are politically connected to the Commissioners, oppose any development on Lot 1. This action is a violation of the Vines' civil rights. A covenant "means a covenantor's promise to a covenantee to do or to refrain from doing something, which the covenantee may enforce in court." Wash. Pract. Vol. 17, §3.1, p. 121. The enforcement of a covenant among the original parties is a matter of contract law, while the 1050626.1 Mr. David W. Alvarez January 14,2000 Page 4 enforcement of the covenant between successor parties is analogous to the contract doctrines of assignment of rights and delegations of duties. Supra at §3.2, p. 124. The zoning code, by contrast, is not an agreement enforceable by private parties, but a piece of legislation enacted by the elected representatives of the general public, and enforceable by government officials of the executive branch. See, e.g., Village of Euclid, Ohio, et. al v. Ambler Realty Co., 272 US 365,47 S. Ct. 114, 71 L. Ed. 303 (1926). The courts of Washington have long recognized that these mechanisms for restricting the use of land are unrelated, particularly since the enforcement mechanism for covenants is by private parties through an action for an injunction, see, e.g. Sandy Point Improvement Company v. Huber, 26 Wn. App. 317, 613 P.2d 160 (1980), and the enforcement mechanism for zoning code violations is either a civil or criminal action prosecuted by the local government. See, e.g., City of Mercer Islandv. Steinmann, 9 Wn. App. 479, 513 P.2d 80 (1973). The Washington Courts have stated the relationship between covenants and applications for use under a zoning code: Although a private covenant may provide grounds for a separate action to enjoin a proposed usage of land, the general rule is that such a covenant is not grounds for denial of a zoning variance. McQuillin, Law of Municipal Corporations § 25.09 (3rd ed. J. Kightlinger, 1976); Suess v. Vogelgesang, 151 Ind.App. 631,281 N.E.2d 536 (Ind.App.1972). Martel v. City of Vancouver (Wash.) Bd. of Adjustment, 35 Wn. App. 250, 257, 666 P.2d 916, (Wn. App. 1983), cited with approval in Mains Farm Homeowners Ass'n v. Worthington, 64 Wn. App. 171, 180,824 P.2d 495 (1992). In sum, the private agreements embodied by covenants must be enforced by the private parties to those agreements, and may not be enforced by local government officials (who are not parties to those agreements). While government officials have a duty to enforce the duly enacted zoning code, they have no duty, or even right, to enforce private covenants. Third, I continue to be amazed by the reference to the "findings of fact and conclusions of law" entered by Judge Conoley on June 12, 1997 in the Superior Court case cause of action known as Vines v. Porsch Develop. Jefferson County apparently continues to believe that Judge Conoley has somehow affirmed its zoning and other decisions, even though it was not a party in that case. This view is taken even though the Court explicitly denies in its oral opinion that it had authority to pass upon the County's zoning. All the case stands for is the proposition that the conditions, covenants and restrictions ("CC&Rs") for the plat of Melwood Terrace are deemed still valid despite allegations to the contrary. The only reference in the Findings and Conclusions to County zoning is the following: "The County decisions are evidence that local planners see [the majority of the Melwood Terrace subdivision] as appropriate for residential use only." 1050626.1 Mr. David W. Alvarez January 14,2000 Page 5 Fourth, I have carefully reviewed the Hearing Examiner's decision entered on July 29, 1997. I appreciate that you correctly state that the only matter before the Hearing Examiner was Mr. Vines' request for a variance from certain required setbacks. However, you incorrectly suggest that there was a "de facto" request to use lot two for sewer. I am not aware of any concept of "de facto" requests or applications under land use law. The Jefferson County Code clearly specifies the authority of the Hearing Examiner, as well as the Planning Department. Those entities can only act upon specified applications or requests. The Hearing Examiner has no authority to issue advisory opinions. Yet, you state the advisory opinion illegally issued was clearly within the authority of the Hearing Examiner, and that somehow the Vines are bound under the doctrine of res judicata by a decision on a "de facto" application which was never before the Hearing Examiner. This is a very interesting proposition which I believe will be summarily decided by the Superior Court in favor of the Vines. Fifth, we also contest your factual statement that Mr. Vines has always had permission to construct a commercial structure on Lot 1. This is not the case. For one, the County has refused to yet issue a building permit for a commercial structure. Also, for a portion of time, Mr. Vines had no commercial zoning at all on Lot 1 until the Board of Commissioner corrected their "error" and designated Lot 1 back as commercial. Sixth, we have researched and found examples where the Department of Health and Department of Planning have routinely allowed an owner of property bisected by residential and commercial zones to utilize the portions of the parcel zoned "residential" for septic to serve a commercial use located on the portion zoned commercial. If any of your client agencies are advising the Office of Prosecuting Attorney otherwise, you are being provided bad facts. Because other individuals and businesses in Jefferson County are allowed to do what the Vines propose, we see no disparate treatment. Finally, your letter creates a problem for the Vines, in that you have chose to copy it to the Board of County Commissioners. The Vines' pending requests for both a building permit, and amended sewer approval, are subject to review by the Board of County Commissioners. By providing your letter to the Commissioners, you have violated both the Appearance of Fairness Doctrine plus created a situation of predisposition and bias. I would appreciate your explanation 1050626.1 Mr. David W. Alvarez January 14,2000 Page 6 of how to deal with this taint and violation of law on the part of the Office of Prosecuting Attorney. Please advise. Very truly yours, C::S~::IBBS PLLC Dennis D. Reynolds DDR:wpc cc: Ray and Liann Vines 1050626.1 October 29, 1996 Malcolm S. Harris, Esq. Harris, Orr, Wakayama & Mason 213 Taylor Street Port Townsend, W A 98368 Re: Melwood Terrace Development Dear Malcolm, Consistent with our discussion on September 24, 1996, we have reviewed the current Jefferson County's development controls and existing conditions for the Melwood Terrace Subdivision. A Development Regulations 1974-1996: Melwood Terrace Study is attached for your reference. It is our understanding that when Melwood Terrace was platted in 1974, the following land use controls related to development were in effect in Jefferson County and would have be,~n applicable to the subject property: '--- · Gœ.1s and Policies of the Jefferson County Comprehensive Plan adopted in 1969 · Subdivision Ordinance (first edition 1971); · On-Site Sewage Disposal Regulations as administered by the Jefferson County Health Department and required by State Law; and, · Building, Plumbing, Fire, and Mechanical Codes (regulating design and structural standards of individual buildings). No zoning designations were in force at that time, however, the goals and policies of the 1969 Comprehensive Plan supported commercial use of the subject area. The Optimum Land Use Map adopted as a part of the 1979 Jefferson County Comprehensive Plan clearly included the subject area within a designated commercial zone. However, the map did not provide parcel specific zoning. Adopted in 1982, the Tn-Area Community Plan became a part of the 1979 Jefferson County Comprehensive Plan, The Community Plan identified the lands around the intersection of the Ness-Flagler Road and the Hadlock-Chimacum Road as the Port Hadlock Community Center. Commercial development was recommended to..."expand in a consolidated manner from the intersection." Again, no parcel specific zoning was proposed at that time. The first parcel specific zoning designations were introduced by the 1992 Emergency Zoning Ordinance. The Ordinance designated Lots 1,2, and 3 of the subject subdivision for commercial use. · . The zoning was changed in 1994 through the adoption of the Zoning Code. Zoning maps prepared for the Hadlock C-2 Commercial Zone and adopted as a part of the Zoning Code are in effect now. Current zoning designations for the subject subdivision are the following: Lot 1 is designated for commercial use and the zoning designation for Lots 2 and 3 have been changed to "residential." Having completed the study of the development regulations with respect to the subject subdivision, it is our opinion that a number of factors support the establishment of commercial uses on Lots 1,2, and 3. This conclusion is based on the following factors: 1. Commercial development of the vicinity: The areas surrounding Melwood Terrace (both the property across Oak Bay Road and the area to the west) have been continuously zoned for commercial use and have undergone extensive commercial development including a bank, offices, a medical clinic and small businesses. The close, unbuffered proximity of the adjacent uses and the subject property support the commercial use of the land. 2. Setback requirements: When Melwood Terrace was platted in 1974, Jefferson County land use controls did not contain requirements for setbacks. However, it is our understanding that in most cases, a twenty (20) feet setback from the main road might have been required under SEPA review. The current development setback requirements are contained within Emergency Ordinance No. 05-0214-96, establishing interim land use controls. This ordinance was adopted pursuant to Chapters 36.70.790 and 36.70A.390 of the Revised Code of Washington. The subject property is located within the designated Port Hadlock Rural Activity Center, abutting State Arterial 116, a County minor collector road, and a residential zone. Therefore, the required setbacks would be as follows: · 30 feet at the western boundary along the County minor collector; · 30 feet at the north-eastern boundary along the secondary arterial; · 25 feet at the south-eastern boundary abutting the residential zone; and, · 25 feet at the south-western boundary along the access road. The buildable area of Lot 1 in 1974 consistent with the development controls in place at that time was approximately 15,500 square feet. The buildable area of the Lot 1 in 1996 is approximately 4,000 square feet. If Lots 1,2 and 3 were developed for commercial uses now, the buildable area of the three lots under current development regulations would be approximately 20,500 square feet. 1974 1996 Lot 1 buildable area 15,500 sq. ft .. . I Lots 1,2 a::::; buildable I 20,500 sq. ft As pennitted commercial uses have not substantially changed since the platting of the project through today, it is likely that the cumulative effect of the development of Lots 1,2 and 3 for commercial use is similar to the anticipated in 1974 commercial development of Lot 1. (Please see the attached report for a detailed analysis of development regulations since 1974). 3. Road Traffic: Traffic on Oak Bay Road, which abuts the subject property, has increased substantially since 1974 when the subject subdivision was created. In 1992 the road changed its status from County collector to state arterial. The nearby intersection (Chimacum Road and SR 116) is one of the busiest in the area. Traffic counts obtained from the County Public Works Department and WSDOT for Chimacum Road near the property show 4,000 to 6,000 daily trips (taken on 5/22/1996) and the same amount for traffic on the SR 116. (Please see attached materials.) The increase in traffic makes the subject property (Lots 1,2 and 3) better suited for commercial development then for residential due to adverse impacts from vehicle generated noise. 4. Topography: The topography of the subject property is favorable for a separation of uses (please see the attached sketch): The land slopes towards the intersection of Oak Bay Road and Ann Kivley Drive intersection creating a relatively flat building site on Lots 1 and 2. This "bench" configuration provides for a natural division between future commercial development and the existing residence on Lot 4. Due to the favorable topographic features, commercial uses on Lots 1,2 and 3 can be effectively buffered and screened from adjacent residential uses. Summary: The analysis of the development controls from 1974 (the year when Melwocx.i Subdivision was platted) to 1996 (current land use. regulations) clearly demonstrated that the cumulative effect of the development of Lots 1,2 ànd 3 for commercial use is similar to the anticipated in 1974 commercial development of Lot 1. Furthermore, the type of the adjacent development, substantial increase in traffic volumes on Oak Bay Road and natural features of the site support commercial use of the subject property. Sincerely, Richard M. Sepler, AICP '\ " ~ . ~ ~ ~i~~ '"' :J!,.. ''''~ ~ 1 -1 z. ~ ~ -~ ~{ ~ 1" '" ~ \'t' 1" : \I! f::¡ -I ~.ç . '.,. ~~ ~ ~. " - -I> ::Z-¡r;: -f~ '; Ç~~\S'~~"<:3~ ~~"""~ <.£~ ~ .... '"" ~ ""'. " } ~ ~ ~ .~-~~~.... :z..<'"A\ro"-~' ~ ~.. , ., ~ s::; 1"'\w~ ?<, ~ ~ -~, ~ ~:. ;~ \ '<- t ~ %..~ ~ :I" 4 \l' 1).- , "" ~ - .. ~ ~ ~ ~ ,. 'I ~ ~::X"..~ 'I ( .... "\~ .. .... .. .... ?~ 1~ :x ~{ '" :1!:. 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V-I'-i'<' :%- f> ......~~~ ~~\ !ì ~~ \"I - ~~:s: ~ .:r -rt\ ~~<; 1~'»\.K' f-r~ - ~~;z1"~::\ ~ z-~-< <:j1'l1"'I'-\ ',}"'J \J'o ~ 1'~ 'i' -i ¡;, oJ' "L~ ). 1" "".. .--..J Z' I' I1t ~~ '<J I \J) '~ ~ '<J :-I (" \' \N~ 1\ "'I T'I I ~ \",2\1\\ I\JOIJIN \J\ ""'\J1 \ J,,,~Oj - - ~ _ 'J1 ~\ _ _ ~ ~ ~ %- < - . ;L ~ Ii\ r). ~ ~ 1ï \!' ~ f'! :r- '" '" < . . \f- ~ -.;:¡ _ _.... _ _,.h~·~_..,. ._,_, ._ ._. ::r ~ " ~ ~ ~ -I '" i \"I ~ ~ ~ ~ ~ >- .. ~ .. -0( '\:) ~ :x ~- -~ ~~ ;Z- ~ '" ~ ~ c... ~ ~ ""'(') ~ ~ :z:- ~- ;z:.~ .:<~ ~ -I ;x: ~ ~ '). ~ l' -.::s ~ ;2:- ~- <~ . ~ ~N ~ ;z.. <- "" """'\'\ ""'('I ~ ~ ~ ;:z. ~- =- .;- -< ~ ~ ~~ < \'I" ~ -<:< :r \T' ::z;.. -t ....... ~ ~ ~ l' -+-~ -. -< ~ ~ ~~~ 10~ ~ ~~ - ~ ~ ~ ~ ; :! t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ;r.. - ~~ ~bJ ~ ~ ~ ~ :z=... ~ '. ~ ~ ¥ ;::00.. ~ :;z.. -1 -<'5 ~~ ::L ;r.. 1>\ \ ,I ..,../ ~ 'J \" - t©f1f' - ~ Williams., Kastner & Gibbs PlLC LAW FIRM Dennis D. Reynolds Morney at Law (206) 233-2924 reynoldd@Wkg.com Two Union Square 601 Union Street. Suite 4100 Seattle. Washington 98101-2380 P.O. Box 21926 Seattle. Washington 98111-3926 Telephone (206) 628-ó600 FAX (206) 628-6611 August 1.2, 1.998 89,670.1.00 VIA FACSIMILE Mr. David Skeen Jefferson County Pl:osecuting Attorney Jefferson County Courthouse P.O. Box 1.220 Port Townsend, WA 98368 ,ir~) r-Œ @-ïf···õ-w·--,;;··· '. f - !3 Re: Ray Vines Development "9=ERSJf'J -~::., "'E t COl,,,,I. ò' . .~ f'Lt'T 1',,'r: .. ~ . . ~~iJ ATYOKi\''.:y i _ì Dear Mr. Skeen: We have expected a letter from Jefferson County memorializing the agreements and understandings reached at the meeting held on August 4, 1.998. Since we have. not heard back from Jefferson County, without appearing to be presumptuous, I am taking the liberty to place in writing Mr. vines' understanding. Jefferson County Planning has agreed: 1.. To receive and expeditiously process an amended building permit application to site and construct on lot 1 of the plat of Melwood Terrace a commercial office structure. The·· amended application will be deemed "counter check II under the local project Permit Review Act upon receipt and vest the proposed' development against anticipated changes to zoning established consistent with the requirements of the Growth Management Act ("GMA"). 2. The Planning Department will agree to an administrative waiver to allow a drainfield to be established on lot 2 of the plat to serVice the commercial building structure. In this regard, if necessary, Mr. Vines will facilitate the administrative determination by filing a lot line adjustment. This adjustment will likely reduce the amount of lot 2, such that it will be non-conforming and undevelopable. Mr. Vines is willing to do so if it helps site his proposed commercial structure. .' . S2-583524.1 Seattle Tacoma EXHIBIT 2. - - Mr. David Skeen August 12,:1998 Page 2 3. Lot 3 will be dedicated as a landscape buffer between the commercial and residential uses. 4. If any side lot setbacks are necessary, The Planning Department will process and approve the same. It will take some time and money to provide Planning with the revised site plan, plus building plans for the proposed commercial structure. Mr. vines requests that Jefferson county officials be aware of this additional expense. Mr. vines is wilJ.ing to engage in this additional expense as long as it is clearly understood that the amended building permit application will be handled in the fashion specified above. We request that the Director of community Development sign and return a copy of this letter so that all sides are clear and have a common understanding as to how this matter will proceed. Thank you for your attention to this request. It is understood that the Vines will continue to maintain their position of record that lots 1 and 2 of the plat of Melwood Terrace should be included in a commercial zoning designation. However, from a practical standpoint, if the Vines are allowed to proceed with their proposed commercial office structure, denominated as a pre- existing permitted use, the ultimate exact zoning designation may not be of importance. Very truly yours, WILLIAMS, KA ~~ & GIBBS PLLC Dennis D. Reynolds DDR:wpc cc: Ray Vines EIVED THE ABOVE-REFERENCED POINTS, AND AGREE WITH THEM. 8 t~ qS Al calf Director of ity Development Jefferson County s2-583524.1 - P.oz Jct-Z6-9a 10:15A - ~\ tOMJtJ8æ Æ} .-~-.-. ~~ g(I;;~~ON,sè>\)~ - -~ . ~'II' ..... Daniel Harpole. Diatrict ] \ ~ / \\~""'" /~ / ~ " -'O~I ···"··~¡¡iÑë)1// --_.- 1820 Jefferson Street P.O. Box 1220 Port Townsend, WA 98368 01(:11 Huntingford, DiHlrkt 2 RichElId Wojt, DiRtnct J October 26, 1998 Ray and Uann Y ines 331 Bayshore Drive Port Ludlow, WA. 98365 RE: Lot I - Melwood Terrace Dear Mr. & Mrs. Vines: At the request of your counsel, the Jefferson County Board of County Commissioners has reviewed the Comprehensive Plan designation for Lot 1 in Melwood Terrace to determinc if there was a clearly erroneous mapping error based on ¡l1accurate information or technical eTTOr. After consultation with the Prosecuting Attorney and the Director of Community Developmcnt, thc Board revokes the understanding in a lettcr dated August 12, 1998, signed by your attorney and Al Sca1f~ and tinds there Wa$ a clearly erroneöus mapping error based on inaccurate information which affected the designation of Lot 1. As you know, Lot 1 was platted as a commercial lot but nono of the other lots in Mclwood Terrace were given that designation. The COW1ty recognized that designation as late as the rnterim Growth Strategies Ordinance. In the 1997 proceeding before the Hearing Examiner whercjn you requested a varíance from the Interim Growth Strategies Ordinance, the County took a position that Lot 1 was a conunerciallot and that position was contirmcd by the llearing Examiner in his decision. Finally, the Jefferson County Superior Court in case #96-2- 00017-4 found that Lot 1 was a eommcrciallot and, importantly, that no traftlc consequences would result from that designation. (See Finding #8, Findings of Fact and Conclusions of Law) The COUTlty w.ilI change the designation of Lot I fmm its existing residentia] designation to Rural Village Center Commercial, which is consistent with all other commercially designated property in Port Hadlock. This change in designation will be to the Land Use map and will not involve amending the Comprehensive Plan. The change in designation will not require waiting until the anllual amendment for the comprehensive plan. The County docs require that you complete the enclosed fonn and return it to Al Scalf. Director of Community Development at your earliest convenience. ~~¥r cc: Dennis Reynolds, Attorney at Law Al Sca1f, Director of Community Development Phone (360)385-9100 I 1-800-831-2678 Fax (360)385~9382 jeflboC<Xq)co.jeffÉX~lB' T, ~ VJ SEWAGE DISPOSAL PERMIT JEFFERSON COUNTY PERMIT CENTER 621 SHERIDAN STREET, PORT TOWNSEND, WA 98368 (360) 379-4450 PERMIT NUMBER:SEP96-0291 .. . ISSUE DATE:I0/24/96 DATE RECEIVED:09/16/96 Permit issued to CONSTRUCT, ALTER, REPAIR OR MODIFY AN INDIVIDUAL SEWAGE DISPOSAL SYSTEM IN JEFFERSON COUNTY, WASHINGTON ------------------------------------------------------------------------- ISSUED TO....: DONALD SPIGARELLI 99 INDIAN HILL RD GROTEN MA 01452 PARCEL NUMBER: 901034003 (Permit valid for this parcel ONLY) LEGAL DESCRIPTION Section: 03, Township 29 N, Range 01 West Subdivision Block Lot (s) : i LOCATION.....: RHODY DR DESIGNER.....: BERNT ERICSEN ------------------------------------------------------------------------- THIS PERMIT IS ISSUED FOR A PERIOD OF ONE YEAR (UNLESS OTHERWISE STATED BELOW) IN ACCORDANCE WITH JEFFERSON COUNTY RULES AND REGULATIONS FOR ON- SITE SEWAGE DISPOSAL SYSTEMS, ORDINANCE NO. 1-83. /'- DATE OF EXPIRATION:l0/24/97~~ m/~ Jefferson Co. Environmental Health Specialist. The property owner will be responsible for the accurate location of all property lines. Any removal of or major disturbance of soil in the primary or reserve drainfield area may create site conditions that are unacceptable for the installation of a sewage disposal system. Any change in building or sewage disposal plans (including pluniliing stubout location) and/or location of house or drainfield invalidates this permit unless prior approval is obtained from the Jefferson Co. Health Dept. Issuance of a permit or renewal does not preclude the applicant from complying with all other state and local regulations. HEALTH DEPARTMENT MUST BE CALLED FOR FINAL INSPECTION. TYPE OF SYSTEM: CONVENTIONAL TRENCH NO. OF BEDROOMS: 0 -----Drainfield------- Length: 150 ft. -----------Trench------------ Width:3.0 ft. Depth:36 in. -----Tank------ Size:1150 gal. SPECIAL CONDITIONS MAY APPLY - SEE REVERSE .... .,.'-' . ....... ..... -... ............ -................-....... '-" .... .'- ....... Fax Note 7672 To ..Jerr~ .&nl~ c..., t€.( ro \ r Ce()1lf .~ .fa. 37Q -LJLlQ I 'c.rmw. ·T....... , . -....,.". (i) NIl g Pagu 4 T.d.... 0. I - '8 T_ ¿;).:ao P. ('1 0 "" ...... Ftom ~ ~ cßæL LDc"" DI I CIIMgI fu. TDIe IIDN . 0r"9"II DCNar DAtI""' OClllOrpldl¡.t ~; ,'" I , L .-, ;""¡ I I ~I ,t . i .' 'f:: ., I ¡ 'f . ortj -\0 ~C 1\-l3~.s IN THE BOARD OF COUNTY COMMISSIONERS IN AND FOR THE COUNTY OF JEFFERSON IN THE MATTER OF a petiUon to alter the Chalmer's No. 2 plat for the purpose at enlarging existing lots 1 '2, Block 22, and lot 14, block 34 by adding adjacent property from vacated Kessian Garden Tracts plat. ) ) CASE NO. SUB95-0085 ) ) FINDINGS, CONCLUSIONS, ) ) AND DECISION ) ) »oard ot Coamissioners Decisionl We have reviewed and considered the referenced plat amendment petition application, supporting documents, other pertinent information, and the Development Review Division recommendations. We hereby : / adopt the findings and recommendations of the Jefferson County Development Review Division to allow the amendment ot the Chalmer's No. 2 plat as referenced in the Development Review Division written report dated October 18, 1995. remand the petition to Development Review Division for re- evaluation. reject the recommendations of the Development Review Division and find that a change to the division's recommendation is necessary. DATED THIS 23 DAY OF OCTOBER, 1995. JEFFERSON COUNTY BOARD OF COMMISSIONERS , Hemb ~ .. ~. N, Member ~~~M LORNA L. DELANEY 'o-M-Jù.{.-" Cler~ of the Board ~ 9. rì \-Y:: 1J ..... . ""V \, 'r~ '\ ci ... C. I 9- I I-I " - , I 7- r -L,II VI. \~" ... , ;-,...-..". I f1'\ L _ _ ;~ ~ \:0. "h \ r- rï I ~ 'C) I· ~ . --< '. ~, ¡"t"I £í))(Ô) .... Õ "'. ....-/ I r::. ßCQ) '. r: '. . ~ ~ "', ~'-------- ~~__~_______~ .....~ MARG, . z ;:; ..... ::- .- - - - - - --: J::) ~',.,.,.. o . '. '"f '. Ù1 . CD t-:> ". 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'- .. ._ I '\J _ ~. \ IN.. . _. - .--" -~ \i - . ~ I . -. -:-;:_0;" N ..:...._ on ~ ~ 1/1 ):" ß "i w \ ; \ 0 ~- -- SEWAGE DISPOSAL PERMIT JEFFERSON COUNTY PERMIT CENTER 621 SHERIDAN STREET, PORT TOWNSEND, WA 98368 (360) 379-4450 PERMIT NUMBER:SEP97-0025 ISSUE DATE:03/10/97 DATE RECEIVED:02/20/97 Permit issued to CONSTRUCT, ALTER, REPAIR OR MODIFY AN INDIVIDUAL SEWAGE DISPOSAL SYSTEM IN JEFFERSON COUNTY, WASHINGTON ------------------------------------------------------------------------- ISSUED TO....: HAROLD MOE 311 MATS VIEW DR PORT LUDLOW WA 98365 PARCEL NUMBER: 994200021 (Permit valid for this parcel ONLY) LEGAL DESCRIPTION Section: 03, Township 29 N, Range 01 West Subdivision Block Lot(s) :122; LOCATION.....: 11255 RHODY DR DESIGNER.....: RYAN TILLMAN, PE ------------------------------------------------------------------------- THIS PERMIT IS ISSUED FOR A PERIOD OF ONE YEAR (UNLESS OTHERWISE STATED BELOW) IN ACCORDANCE WITH JEFFERSON COUNTY RULES AND REGULATIONS FOR ON- SITE SEWAGE DISPOSAL SYSTEMS, ORDINANCE NO. 1-83. DATE OF EXPIRATION:03/10/98 ~,¡z M~ Jefferson Co. Environmental Health Specialist. The property owner will be responsible for the accurate location of all property lines. Any removal of or major disturbance of soil in the primary or reserve drainfield area may create site conditions that are unacceptable for the installation of a sewage disposal system. Any change in building or sewage disposal plans (including plumbing stubout location) and/or location of house or drainfield invalidates this permit unless prior approval is obtained from the Jefferson Co. Health Dept. Issuance of a permit or renewal does not preclude the applicant from complying with all other state and local regulations. HEALTH DEPARTMENT MUST BE CALLED FOR FINAL INSPECTION. TYPE OF SYSTEM: CONVENTIONAL TRENCHES NO. OF BEDROOMS: 0 -----Drainfield------- Length: 134 ft. -----------Trench------------ Width:3.0 ft. Depth:12 in. -----Tank------ Size:1000 gal. SPECIAL CONDITIONS MAY APPLY - SEE REVERSE SEWAGE DISPOSAL PERMIT JEFFERSON COUNTY PERMIT CENTER 621 SHERIDAN STREET, PORT TOWNSEND, WA 98368 (360) 379-4450 PERMIT NUMBER:SEP97-0025 ISSUE DATE:03/10/97 DATE RECEIVED:02/20/97 Permit issued to CONSTRUCT, ALTER, REPAIR OR MODIFY AN INDIVIDUAL SEWAGE DISPOSAL SYSTEM IN JEFFERSON COUNTY, WASHINGTON ------------------------------------------------------------------------- ISSUED TO....: HAROLD MOE 311 MATS VIEW DR PORT LUDLOW WA 98365 PARCEL NUMBER: 994200021 (Permit valid for this parcel ONLY) LEGAL DESCRIPTION Section: 03, Township 29 N, Range 01 West Subdivision Block Lot(s) :122; LOCATION.....: 11255 RHODY DR DESIGNER.....: RYAN TILLMAN, PE ------------------------------------------------------------------------- THIS PERMIT IS ISSUED FOR A PERIOD OF ONE YEAR (UNLESS OTHERWISE STATED BELOW) IN ACCORDANCE WITH JEFFERSON COUNTY RULES AND REGULATIONS FOR ON- SITE SEWAGE DISPOSAL SYSTEMS, ORDINANCE NO. 1-83. DATE OF EXPlRATION:03/10/98 ~Æ M~ Jefferson Co. Environmental Health Specialist. The property owner will be responsible for the accurate location of all property lines. Any removal of or major disturbance of soil in the primary or reserve drainfield area may create site conditions that are unacceptable for the installation of a sewage disposal system. Any change in building or sewage disposal plans (including plumbing stubout location) and/or location of house or drainfield invalidates this permit unless prior approval is obtained from the Jefferson Co. Health Dept. Issuance of a permit or renewal does not preclude the applicant from complying with all other state and local regulations. HEALTH DEPARTMENT MUST BE CALLED FOR FINAL INSPECTION. TYPE OF SYSTEM: CONVENTIONAL TRENCHES NO. OF BEDROOMS: 0 -----Drainfield------- Length: 134 ft. -----------Trench------------ Width:3.0 ft. Depth:12 in. -----Tank------ Size:l000 gal. SPECIAL CONDITIONS MAY APPLY - SEE REVERSE SEWAGE DISPOSAL PERMIT JEFFERSON COUNTY PERMIT CENTER 621 SHERIDAN STREET, PORT TOWNSEND, WA 98368 (360) 379-4450 PERMIT NUMBER:SEP97-0025 ISSUE DATE:03/10/97 DATE RECEIVED:02/20/97 Permit issued to CONSTRUCT, ALTER, REPAIR OR MODIFY AN INDIVIDUAL SEWAGE DISPOSAL SYSTEM IN JEFFERSON COUNTY, WASHINGTON ------------------------------------------------------------------------- ISSUED TO....: HAROLD MOE 311 MATS VIEW DR PORT LUDLOW WA 98365 PARCEL NUMBER: 994200021 (Permit valid for this parcel ONLY) LEGAL DESCRIPTION Section: 03, Township 29 N, Range 01 West Subdivision Block Lot(s) :122; LOCATION.....: 11255 RHODY DR DESIGNER.....: RYAN TILLMAN, PE ------------------------------------------------------------------------- THIS PERMIT IS ISSUED FOR A PERIOD OF ONE YEAR (UNLESS OTHERWISE STATED BELOW) IN ACCORDANCE WITH JEFFERSON COUNTY RULES AND REGULATIONS FOR ON- SITE SEWAGE DISPOSAL SYSTEMS, ORDINANCE NO. 1-83. DATE OF EXPlRATION,03/10/98 ~Æ M~ Jefferson Co. Environmental Health Specialist. The property owner will be responsible for the accurate location of all property lines. Any removal of or major disturbance of soil in the primary or reserve drainfield area may create site conditions that are unacceptable for the installation of a sewage disposal system. Any change in building or sewage disposal plans (including plumbing stubout location) and/or location of house or drainfield invalidates this permit unless prior approval is obtained from the Jefferson Co. Health Dept. Issuance of a permit or renewal does not preclude the applicant from complying with all other state and local regulations. HEALTH DEPARTMENT MUST BE CALLED FOR FINAL INSPECTION. TYPE OF SYSTEM: CONVENTIONAL TRENCHES NO. OF BEDROOMS: 0 -----Drainfield------- Length: 134 ft. -----------Trench------------ Width:3.0 ft. Depth:12 in. -----Tank------ Size:1000 gal. SPECIAL CONDITIONS MAY APPLY - SEE REVERSE ': :,_'~:t. ' 135 ~ '" '" 1\1 "::'..: ~. 'Iii'" ~ .I~.~,.t.1f " 136 .f~ TSD .s: ~ J~ ~7S J:-': ..jj; . ISO.OCl /7S'.00- ISØ:"" S 89° 2tõ' //" e- -:: #:. .. I ---. /7 S. 00 '. I s~, 00 ~ \) . ... .... 126 ~ 125 . ." ; lei I' , .. ... " \c\ ~9~ ~7S s. F:- '" ~ 7S4 .J'.Æ II¡ f\ f\ - - ~ ~ . . ~ ~ , 'f. '" ~ 11'\ ..... .., 0 \\ . ~I I I /75.00 I S'tfJ, t:Jo .Ff7./~ It C:, <-I c;. c_. 122 øP It « ~" ~, 7~ Z70 for.- Z¡;'l/. 78 N 8S· Z~' II" If ..f ¿:or ,e¿:. ð;q R WI rH p,-,q J' r It:" .. ..... ." i ::: ! . ""7 \"C¿ .,J ~ CtI9P. /1 í) V = SURVEYOR'S CERTIFICATE ::orrectly represents a survey made by me or direction in conformance with the require- the Survey Recording Act at the request of ~ T /!: ,e é-. ;.11'9 '- L.. ~---_, 1980 ¿:;.é. ¡qNP6-~.$O'v Certificate No. 11520 .-/ ~(~'I;H \ \ \ \\ 139' \. \ . .~ ' Q ~ ..f. '~ . ~ ~~ë;l-\~\ .~ ;;~y;~; 13 8 ~. ~ \ lIEF;:k!:~SO~J COlJ~JTY / 7~. " '-'1. \ \ T\F;:i\I~\lT, l ':~J.T L) , 1.-" -;;' ,.- ~ S-,: A...~.~"tI' // . - - - - ~ \ \~\ \ l \ \ ~ 1 \ \ :;\ ;.\ \ ~~\ \~'1>\ t tJ .~ \ ~ \ \~ \ \ (\;\ \ \ ,\ \14 \0 \ \ .'> i~: 4 ~ ~ ~ ---------- I\¡ .''.:1 /",' ':{ . i_ ...1 ZJ'Z.I.S' A' 3/~.3~ .:Fa~.I'7 '"i\ ^ 0 Y" / ¡"J,lL. \...,- /' i ,) ..",r' WALTER E. HALL RT. 2 BOX 916 CH LMACUM, WA. 98325 It-- Checked by F: J7 ~ ..:TVL-r /d" /Jl40 ': :,.j:' ," 135 ~ 'fi '" '" ":.- -, Q' "," ~' ' II?;', "" .I~.~..t.~ , 136 ~4 7So .s:..-: , J~ ~7S .r.-': -j;; . ISO.oO /7S'.OO' I.sØ:tU1 S 89° 2~' II" e- :':f I'. .. 1 --_a / 7.s. 0<:1 '. I S~, <:10 ~ ~ i :.:: f· 126 ~ 125 ~ '" ~~ ~75 .s.1:- 1\1 ~ 7-'4 .t:Æ 1\1 N '" - - -. ~ . ~ , ~ ~ '+ ~ , r..¡ '" " '" 0 \\. ~I I I /75.00 ISfIf . ''0 .£f7./~ j. C:, <-I Ci C_. 122 øP lfJ ~ ~J )- 7~ Z70 f.':' Z¿;,1l.78 1\/ 8! · Z~' 1/" If " . .... \. .., : .- . v:; \i.J~, ,~z." ..5¿:.r .ee-ð19R W¡rH PL¡II.TrIC C14P. /J ' í) V SURVEYOR'S CERTIFICATE correctly represents a survey made by me or direction in conformance with the require- the Survey Recording Act at the request of ~T~~ Eo. J..I~LL. ~---_, 1980 é.é. ¡C?^,P~.t!fON Certificate No. 11520 ..-/ ~(,"";H \ \ \ t ~~ ~ ;'i;~~ ~\ \~~¡;~o~~; 138 't; ~ \ \EF'ÞSO~J comrrv ~ ~;.:~;;;;)\ \~ft.:T/" .---- ~\ \~\ \ l \ \ ~ 1 \ \ ~\ ;. \ \ ~ ~\ \~1>\ t 0 ,~ \ ~ \ \~ \ \ (\;\ \ \ ,\ \1'; ~D \ \ ."" .... . I,~: "r ~ ~ fI,j ---------- ~ .,:; "" .:¡ . I:' ...1 Z~Z.IS A' 3/..f.,.3!1 S"".17 \ ^ 0 t'( \ " ¡,)Q_. \...., -,,,- ) , - ) .".,/' WALTER E. HALL RT. 2 BOX 916 CH J.MACUM, WA. 98325 ¡'t- Cheeked by r: r: r:- Date JVL"" /(J,¡ 1.94<::> ~., :t . 'h'~ ":.- ... a 135 ~ 136 ~ ' ,ji'·, ~' '" 'tÌ ~~ 7S"O .r.¡r: 'fi J:I" ~7S J:-': 4~.~,J,~ ~ '" ~ ~. I\¡ .., 8 ..¡~. . ISO.OCl /7S'. co' S 89° Z<õ' //" e- ---. /7S'.OO lS'ø;QO ~ # '. ." . '. I s(!Þ, "0 ~ \\ ¡ :.::.? 126 ~ 125 ~ \c\ ~!J, ~75 S. F: I\J ~ 7S4 .J".F. I\ f\I I\ - - -. ~ . ~ . ~ ~ ~ '4- 1,\ ~ IW\ " "" . ~. ~I I / /75.00 J. C:, 'I Cf. C_. 1S'~.&1&1 ff7./~ /22 øP /6 ~ ~II s' 7~Z7"f.F:' Z.,11.78 N8! - z,' /I" It' ..f¿;., ,ee-J! 19R w /rH PLI9.rrlc " . .... .' i ::: ¡ /). . ;"7 '~ .L \' -·vl.{.·· CAP. ,/~ í) SURVEYOR'S CERTIFICATE correctly represents a survey made by me or direction in conformance with the require. the Survey Recording Act at the request of ~T/!:,e 6-, Ht6tLL. ~----_. 1980 é.é. ¡qNP6-~J'ON Certificate No. 11520 ./ =-- ':(,iU4 \ \ \ ~ 1:3~ t~ \ \~. . ~ . , t· ~ R·"" " ',' ":"\ \t; G!" ~\ ~~~~ J ~.~,;., ~ ~ :-:-;~ -l ~ \ F B 2 (} 1997 . 138 t. ~ \ ~EF~rR~.9~J.~lJ~tTV /74. " \ \'\ \F.i\t~,\; ,l - ,.. 1.1''' --;" / ~ S-,:...... (H ·p7 ii' .~../ .---- ~\ \~\ \ i \ \ ~ 1 \ \ ~\ ;. \ \~';\)\ \~(:) '0 '1> \ \ ~ tI \ \~ \ \ ~\ \ \ ,\ \ 1'; ~D \ \ ~ ,'> i~: .:;. ~ , ~ ..... ---------- ".a ":1 ¡..} .':{ . i" ...1 Z~Z.'/S A' 31-f..3~ .sa !J.17 \ f\ 0 (V \, ,.J ..ct... \-- /ì c:) I ~,,,, WALTER E. HALL RT. 2 BOX 9/6 CH I.MACUM. WA. 98325 Checked by r: r.- r:- J¿n.y- /d /..94~ .. Conditions of Approval - Permit no.: SEP97-0025 For: HAROLD MaE Page: 2 1) 100 ft. setback to all wells to be maintained 2) 5 ft. setback f~om road right of way to be maintained. 3) 50 ft. setback from existing well to septic tank to be maintained unless the well is used as a public water supply. If the well is used as a public water supply a 100' setback to the tanks is required. 4) There shall be no cross connection between the existing well and the public water system. Prior to issuance of building permit or other development of the site the owner shall provide written documentation that the City has reviewed the plan for any use of this well. 5) MAXIMUM TRENCH DEPTH 12 INCHES 6) When/if designated reserve area is utilized an alternative system may be required. 7) All components of the septic system are to be completely protected from vehicular traffic or mechanical disturbance. Protective barriers are required around drainfield. 8) Divert all sources of drainage away from septic tank and drainfield area. 9) Asphaultic emulsion or equivalent required on septic tank and/or pump chamber. 10) Approval/issuance of a sewage disposal permit does not guarantee the approval of other development or a building permit on this site. Compliance with other Jefferson County and Washington State Codes is required. 11) Approval of this sewage disposal permit does not preclude the permit holder from complying with the Critical Areas Ordinance for other development on the site. 12) This onsite sewage system is designed for domestic strength waste water only. Disposal of any other waste streams is considered a violation of this permit. 13) Exceeding the permitted design flow of 240 gal/day shall constitute a violation of this permit. Water usage monitoring may be required to verify compliance with the permit. Said monitoring shall be submitted to Jefferson County Health Dept. sep-prmt.txt 09/05/91 Conditions of Approval - Permit no.: SEP97-0025 For: HAROLD MOE Page: 2 1) 2) 3) 100 ft. setback to all wells to be maintained 4) 5 ft. setback f~om road right of way to be maintained. 50 ft. setback from existing well to septic tank to be maintained unless the well is used as a public water supply. If the well is used as a public water supply a 100' setback to the tanks is required. There shall be no cross connection between the existing well and the public water system. Prior to issuance of building permit or other development of the site the owner shall provide written documentation that the City has reviewed the plan for any use of this well. 5) 6) MAXIMUM TRENCH DEPTH 12 INCHES When/if designated reserve area is utilized an alternative system may be required. 7) All components of the septic system are to be completely protected from vehicular traffic or mechanical disturbance. Protective barriers are required around drainfield. 8 ) Divert all sources of drainage away from septic tank and drainfield area. 9) Asphaultic emulsion or equivalent required on septic tank and/or pump chamber. 10) Approval/issuance of a sewage disposal permit does not guarantee the approval of other development or a building permit on this site. Compliance with other Jefferson County and Washington State Codes is required. 11) Approval of this sewage disposal permit does not preclude the permit holder from complying with the Critical Areas Ordinance for other development on the site. 12) This onsite sewage system is designed for domestic strength waste water only. Disposal of any other waste streams is considered a violation of this permit. 13) Exceeding the permitted design flow of 240 gal/day shall constitute a violation of this permit. Water usage monitoring may be required to verify compliance with the permit. Said monitoring shall be submitted to Jefferson County Health Dept. sep-prmt.txt 09/05/91 Conditions of Approval - Permit no.: SEP97-0025 For: HAROLD MaE Page: 2 1) 2) 3) 100 ft. setback to all wells to be maintained 5 ft. setback rrom road right of way to be maintained. 50 ft. setback from existing well to septic tank to be maintained unless the well is used as a public water supply. If the well is used as a public water supply a 100' setback to the tanks is required. There shall be no cross connection between the existing well and the public water system. Prior to issuance of building permit or other development of the site the owner shall provide written documentation that the City has reviewed the plan for any use of this well. 4) 5) 6) MAXIMUM TRENCH DEPTH 12 INCHES When/if designated reserve area is utilized an alternative system may be required. 7) All components of the septic system are to be completely protected from vehicular traffic or mechanical disturbance. Protective barriers are required around drainfield. 8) Divert all sources of drainage away from septic tank and drainfield area. 9) Asphaultic emulsion or equivalent required on septic tank and/or pump chamber. 10) Approval/issuance of a sewage disposal permit does not guarantee the approval of other development or a building permit on this site. Compliance with other Jefferson County and Washington State Codes is required. 11) Approval of this sewage disposal permit does not preclude the permit holder from complying with the Critical Areas Ordinance for other development on the site. 12) This onsite sewage system is designed for domestic strength waste water only. Disposal of any other waste streams is considered a violation of this permit. 13) Exceeding the permitted design flow of 240 gal/day shall constitute a violation of this permit. Water usage monitoring may be required to verify compliance with the permit. Said monitoring shall be submitted to Jefferson County Health Dept. sep-prmt.txt 09/05/91 SEWAGE DISPOSAL PERMIT JEFFERSON COUNTY PERMIT CENTER 621 SHERIDAN STREET, PORT TOWNSEND, WA 98368 (360) 379-4450 PERMIT NUMBER:SEP96-0188 ISSUE DATE:06/27/96 DATE RECEIVED:06/05/96 Permit issued to CONSTRUCT, ALTER, REPAIR OR MODIFY AN INDIVIDUAL SEWAGE DISPOSAL SYSTEM IN JEFFERSON COUNTY, WASHINGTON ------------------------------------------------------------------------- ISSUED TO.. . .: WASHINGTON EXCHANGE SERVICES 4812 NE 40TH ST SEATTLE WA 98105 PARCEL NUMBER: 942903605 (Permit valid for this parcel ONLY) LEGAL DESCRIPTION Section: 03, Township 29 N, Range 01 West Subdivision CHALMERS 2ND Block: 36 Lot(s) :13-17; LOCATION.....: 10632 RHODY DR DESIGNER.....: RYAN TILLMAN, PE ------------------------------------------------------------------------- THIS PERMIT IS ISSUED FOR A PERIOD OF ONE YEAR (UNLESS OTHERWISE STATED BELOW) IN ACCORDANCE WITH JEFFERSON COUNTY RULES AND REGULATIONS FOR ON- SITE SEWAGE DISPOSAL SYSTEMS, ORDINANCE NO. 1-83. DATE OF EXPlRATION'06/27/97~A --A1-!~ Jefferson Co. Environmental Health Specialist. The property owner will be responsible for the accurate location of all property lines. Any removal of or major disturbance of soil in the primary or reserve drainfield area may create site conditions that are unacceptable for the installation of a sewage disposal system. Any change in building or sewage disposal plans (including plumbing stubout location) and/or location of house or drainfield invalidates this permit unless prior approval is obtained from the Jefferson Co. Health Dept. Issuance of a permit or renewal does not preclude the applicant from complying with all other state and local regulations. HEALTH DEPARTMENT MUST BE CALLED FOR FINAL INSPECTION. TYPE OF SYSTEM: UNLINED SANDFILTER NO. OF BEDROOMS: 0 -----Drainfield------- Length: 84 ft. -----------Trench------------ Width:10.0 ft. Depth:18 in. -----Tank------ Size:2000 gal. SPECIAL CONDITIONS MAY APPLY - SEE REVERSE SEWAGE DISPOSAL PERMIT JEFFERSON COUNTY PERMIT CENTER 621 SHERIDAN STREET, PORT TOWNSEND, WA 98368 (360) 379-44S0 PERMIT NUMBER:SEP96-0188 ISSUE DATE:06/27/96 DATE RECEIVED:06/0S/96 Permit issued to CONSTRUCT, ALTER, REPAIR OR MODIFY AN INDIVIDUAL SEWAGE DISPOSAL SYSTEM IN JEFFERSON COUNTY, WASHINGTON ------------------------------------------------------------------------- ISSUED TO. . . .: WASHINGTON EXCHANGE SERVICES 4812 NE 40TH ST SEATTLE WA 9810S PARCEL NUMBER: 94290360S (Permit valid for this parcel ONLY) LEGAL DESCRIPTION Section: 03, Township 29 N, Range 01 West Subdivision CHALMERS 2ND Block: 36 Lot(s) :13-17; LOCATION.....: 10632 RHODY DR DESIGNER.....: RYAN TILLMAN, PE ------------------------------------------------------------------------- THIS PERMIT IS ISSUED FOR A PERIOD OF ONE YEAR (UNLESS OTHERWISE STATED BELOW) IN ACCORDANCE WITH JEFFERSON COUNTY RULES AND REGULATIONS FOR ON- SITE SEWAGE DISPOSAL SYSTEMS, ORDINANCE NO. 1-83. DATE OF EXPIRATION'06/27/97~Á M/~ Jefferson Co. Environmental Health Specialist. The property owner will be responsible for the accurate location of all property lines. Any removal of or major disturbance of soil in the primary or reserve drainfield area may create site conditions that are unacceptable for the installation of a sewage disposal system. Any change in building or sewage disposal plans (including plumbing stubout location) and/or location of house or drainfield invalidates this permit unless prior approval is obtained from the Jefferson Co. Health Dept. Issuance of a permit or renewal does not preclude the applicant from complying with all other state and local regulations. HEALTH DEPARTMENT MUST BE CALLED FOR FINAL INSPECTION. TYPE OF SYSTEM: UNLINED SANDFILTER NO. OF BEDROOMS: 0 -----Drainfield------- Length: 84 ft. -----------Trench------------ Width:10.0 ft. Depth:18 in. -----Tank------ Size: 2000 gal. SPECIAL CONDITIONS MAY APPLY - SEE REVERSE SEWAGE DISPOSAL PERMIT JEFFERSON COUNTY PERMIT CENTER 621 SHERIDAN STREET, PORT TOWNSEND, WA 98368 (360) 379-4450 PERMIT NUMBER:SEP96-0188 ISSUE DATE:06/27/96 DATE RECEIVED:06/05/96 Permit issued to CONSTRUCT, ALTER, REPAIR OR MODIFY AN INDIVIDUAL SEWAGE DISPOSAL SYSTEM IN JEFFERSON COUNTY, WASHINGTON ------------------------------------------------------------------------- ISSUED TO. . . .: WASHINGTON EXCHANGE SERVICES 4812 NE 40TH ST SEATTLE WA 98105 PARCEL NUMBER: 942903605 (Permit valid for this parcel ONLY) LEGAL DESCRIPTION Section: 03, Township 29 N, Range 01 West Subdivision CHALMERS 2ND Block: 36 Lot(s) :13-17; LOCATION.....: 10632 RHODY DR DESIGNER.....: RYAN TILLMAN, PE ------------------------------------------------------------------------- THIS PERMIT IS ISSUED FOR A PERIOD OF ONE YEAR (UNLESS OTHERWISE STATED BELOW) IN ACCORDANCE WITH JEFFERSON COUNTY RULES AND REGULATIONS FOR ON- SITE SEWAGE DISPOSAL SYSTEMS, ORDINANCE NO. 1-83. DATE OF EXPIRATION:06/27/97~A --A1--/~ Jefferson Co. Environmental Health Specialist. The property owner will be responsible for the accurate location of all property lines. Any removal of or major disturbance of soil in the primary or reserve drainfield area may create site conditions that are unacceptable for the installation of a sewage disposal system. Any change in building or sewage disposal plans (including plumbing stubout location) and/or location of house or drainfield invalidates this permit unless prior approval is obtained from the Jefferson Co. Health Dept. Issuance of a permit or renewal does not preclude the applicant from complying with all other state and local regulations. HEALTH DEPARTMENT MUST BE CALLED FOR FINAL INSPECTION. TYPE OF SYSTEM: UNLINED SANDFILTER NO. OF BEDROOMS: 0 -----Drainfield------- Length: 84 ft. -----------Trench------------ Width:10.0 ft. Depth:18 in. -----Tank------ Size:2000 gal. SPECIAL CONDITIONS MAY APPLY - SEE REVERSE Conditions of Approval - Permit no.: SEP96-0188 For: WASHINGTON EXCHANGE SERVICES Page: 2 1) This drainfield is designed for domestic strength waste only. If any waste water, produced by commercial or industrial activities is proposed to b~ discharged to this system, the owner shall obtain PRIOR approval from the Health Dept. and appropriate waste water testing shall be completed on a regular basis to determine if the system is suitable for use. 2) AS PER WAC 246-272 ALL ALTERNATIVE SYSTEMS REQUIRE MONITORING. THIS MONITORING IS PROVIDED BY AGREEMENT BETWEEN THE JEFFERSON COUNTY ENVIRONMENTAL HEALTH DIVISION AND THE JEFFERSON COUNTY PUBLIC UTILITY DISTRICT #1. THIS SEWAGE DISPOSAL SYSTEM WILL REQUIRE AN ACTIVE MONITORING CONTRACT WITH THE PUD #1 PRIOR TO FINAL APPROVAL OF THE SEWAGE DISPOSAL SYSTEM. 3) Health Dept. required to observe pressure test, 48 hour notice to be given. 4) 100 ft. setback to all wells to be maintained 5) Recorded easement required for primary and/or reserve drainfields prior to final approval. Easement to be recorded with the Jefferson County Auditors office. 6) Low use water fixtures required, 1.6 gal. flush toilets and 2.5 gpm shower heads. 7) All components of the septic system are to be completely protected from vehicular traffic or mechanical disturbance. Protective barriers are required around drainfield. 8) Contact designer prior to installation for staking of drainfield area. 9) Dose counters are required in the control panel for all drainfield components. 10) Divert all sources of drainage away from septic tank and drainfield area. 11) Any portion of transport line under a driven way is to be double cased or equivalent. 12) If this drainfield serves more than one business or residence owned by separate parties it will require a management and operations agreement with an entity approved by the Jefferson County Health Department as per Jefferson County Policy 13) Approval/issuance of a sewage disposal permit does not guarantee the approval of a building permit on this site. 14) TRENCH TO BE EXCAVATED TO 48" DEPTH AND THEN BACKFILLED WITH ASTM 33 TYPE SAND TO 24" AND UP SIDE WALLS AS PER DESIGN. 15) Approval of this sewage disposal permit does not preclude the permit holder from complying with the Critical Areas Ordinance for Conditions of Approval - Permit no.: SEP96-0188 For: WASHINGTON EXCHANGE SERVICES Page: 2 1) This drainfield is designed for domestic strength waste only. If any waste water, produced by commercial or industrial activities is proposed to b~ discharged to this system, the owner shall obtain PRIOR approval from the Health Dept. and appropriate waste water testing shall be completed on a regular basis to determine if the system is suitable for use. 2) AS PER WAC 246-272 ALL ALTERNATIVE SYSTEMS REQUIRE MONITORING. THIS MONITORING IS PROVIDED BY AGREEMENT BETWEEN THE JEFFERSON COUNTY ENVIRONMENTAL HEALTH DIVISION AND THE JEFFERSON COUNTY PUBLIC UTILITY DISTRICT #1. THIS SEWAGE DISPOSAL SYSTEM WILL REQUIRE AN ACTIVE MONITORING CONTRACT WITH THE PUD #1 PRIOR TO FINAL APPROVAL OF THE SEWAGE DISPOSAL SYSTEM. 3) Health Dept. required to observe pressure test, 48 hour notice to be given. 4) 100 ft. setback to all wells to be maintained 5) Recorded easement required for primary and/or reserve drainfields prior to final approval. Easement to be recorded with the Jefferson County Auditors office. 6) Low use water fixtures required, 1.6 gal. flush toilets and 2.5 gpm shower heads. 7) All components of the septic system are to be completely protected from vehicular traffic or mechanical disturbance. Protective barriers are required around drainfield. 8) Contact designer prior to installation for staking of drainfield area. 9) Dose counters are required in the control panel for all drainfield components. 10) Divert all sources of drainage away from septic tank and drainfield area. 11) Any portion of transport line under a driven way is to be double cased or equivalent. 12) If this drainfield serves more than one business or residence owned by separate parties it will require a management and operations agreement with an entity approved by the Jefferson County Health Department as per Jefferson County Policy 13) Approval/issuance of a sewage disposal permit does not guarantee the approval of a building permit on this site. 14) TRENCH TO BE EXCAVATED TO 48" DEPTH AND THEN BACKFILLED WITH ASTM 33 TYPE SAND TO 24" AND UP SIDE WALLS AS PER DESIGN. 15) Approval of this sewage disposal permit does not preclude the permit holder from complying with the Critical Areas Ordinance for Conditions of Approval - Permit no.: SEP96-0188 For: WASHINGTON EXCHANGE SERVICES Page: 2 1) This drainfield is designed for domestic strength waste only. If any waste water, produced by commercial or industrial activities is proposed to b~ discharged to this system, the owner shall obtain PRIOR approval from the Health Dept. and appropriate waste water testing shall be completed on a regular basis to determine if the system is suitable for use. 2) AS PER WAC 246-272 ALL ALTERNATIVE SYSTEMS REQUIRE MONITORING. THIS MONITORING IS PROVIDED BY AGREEMENT BETWEEN THE JEFFERSON COUNTY ENVIRONMENTAL HEALTH DIVISION AND THE JEFFERSON COUNTY PUBLIC UTILITY DISTRICT #1. THIS SEWAGE DISPOSAL SYSTEM WILL REQUIRE AN ACTIVE MONITORING CONTRACT WITH THE PUD #1 PRIOR TO FINAL APPROVAL OF THE SEWAGE DISPOSAL SYSTEM. 3) Health Dept. required to observe pressure test, 48 hour notice to be given. 4) 100 ft. setback to all wells to be maintained 5) Recorded easement required for primary and/or reserve drainfields prior to final approval. Easement to be recorded with the Jefferson County Auditors office. 6) Low use water fixtures required, 1.6 gal. flush toilets and 2.5 gpm shower heads. 7) All components of the septic system are to be completely protected from vehicular traffic or mechanical disturbance. Protective barriers are required around drainfield. 8) Contact designer prior to installation for staking of drainfield area. 9) Dose counters are required in the control panel for all drainfield components. 10) Divert all sources of drainage away from septic tank and drainfield area. 11) Any portion of transport line under a driven way is to be double cased or equivalent. 12) If this drainfield serves more than one business or residence owned by separate parties it will require a management and operations agreement with an entity approved by the Jefferson County Health Department as per Jefferson County Policy 13) Approval/issuance of a sewage disposal permit does not guarantee the approval of a building permit on this site. 14) TRENCH TO BE EXCAVATED TO 48" DEPTH AND THEN BACKFILLED WITH ASTM 33 TYPE SAND TO 24" AND UP SIDE WALLS AS PER DESIGN. 15) Approval of this sewage disposal permit does not preclude the permit holder from complying with the Critical Areas Ordinance for (' er qUe - Ot 'Þ/t 3N) - I · J I I - ..>- 133f;!.Ls- '-- SYVYVIS ~~J ! 1/ , ., 1j\ ~~ /~___ - Ä~~ ' 8'/ LI .. 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Thesis; "PubUc Participation in Pbmning: Thé Development of a Critical Perspective." · Edîtør, Urban lJesign and PlanDing Magazine Bachelor of Arts Architecture. 1988. · Graduated Cum Laude. phi Beta Knm1a Bachelor of Arts Political Sdenu. 1988. · Graduated Cwn Laude I CERTIFICATIONS American Institute of Certifi~ Planners. # 11048 PROFESSIONAL AFFILIATIONS American Planning Association Past Piesident, otymp;c Peninsula Section AWARDS HONOR AWARD Physical Plans Category, American Planning Association, Planning Association of Washington J oint Annual Awards 1991. Port Townsend Urban Waterfront Plan. Project Manager, co-author, primary illustrator. RESUME Richard Septer is the president of Madrona Planning & Development Services, Inc. A eight member p1anning and design firm with offices in Seattle and Pon Townsend, Washington. As a planner and designer. he has developed a. unique blend of cross-discìp1ìnar:Y skills encompassing environmenml analysis, site design, community relåtions and comprehensive planning. Mr. Scpler's p1a.nning and design work has won several American Planning Association Awards. As Madrona's presidcu~ Mr. Septer has been the project lead! site planner for several1argc residentiål and commerieial subdivisions and planned unit developments, as well as. for a number of jurisdictional projects. A fonner planning director, he has demonstrated experience in the pennitting and approval process and has authored both zoning codes, comprehensive plans and subdivision ordinances. Concurrent with his practice. Mr. Sepler is also all Adjunct Faculty membcr oftbe Department of Urban Design and PlanniI1g at the University of Washington, where he has taught comBes on site planning, subdivision design. and small town planning. TEACIDNG / LECTURES ADJUNCf FACULTY - Department of Urban Design and Planning, College of Architecture and Urban Planning, University of Washington. . Originated and taught URBP 498, Sustainable Site Planning. Summer Quarter 1998-1999. . Originated and IBught URBP 498, Site Planning/or Subdivisions and Planned Unit Developments, Summer Quarter, 1994-1997. · Originated and taught URBP 498 F, Planning in a Small Town: !.~,}Ues, Methodologies and Techniques. Summer Quarter, 1996. Member, Professicmals Council. Department uf Urban Design and Planning, University of Washington. 1999 - Present. INSTRUCTOR. Creating Livable Sustainable Cummunities While Managing Growth, Workshop, Growing Smart: A Conference for Citizens Working Together to Stop Sprawl and Create Livable Communities, sponsored by 1000 Friends of Washington, June 1999, INSTRUCTOR· Sustainable Site Planning Workshop, American Planning As.'5ociatîon, National Planning Conference, April 1999. BOARD MEMBER· Community Planning Advisory Board, Educational Outreach Program. University ofWàsbington, 1995-present. INSTRUCTOR - Integrating Salmon Recovery and Land Use Planning, Certificate Program iruCornmunÌty Planning, University ofWashÏngtoI1, 1999. MAORONA PLANNING & DEVELOPMENT SERVI(;ES Jc J~'N-111-¿111111 11: 1;¿ MADRONA PLANNING 360 379 0131 P.03 1\-1 }\ L) R () N ^ P!..i\NNING ¡; üE'JE!J.,)~J1' :3F.!<VT.CES . HONOR AWARD Physical Plans Category, American Planning Association, PlaIIqing Association of Washington Joint Annual Awards 1991. POrt Townsend Urban Watemont Plan. ,Project Manager. co-author, primary illustrator. · 11TH ANNUAL COLLEGE AWAIID Group Project. College of Architecture and Urban Planning, University of Washington, 1990. Seattle Central Waterfront: Restoring a Community Vision. Co-author, primary illusttator . SPECIAL SERVICE RECOGNITION AWARD Dept of Urban Design & Planning University of Washington, 1990. TEACHINGILECTURES - continued INSTRuCtOR - Integrating Theory and Professional Practice, Certificate Program in Community Planning, University òfWashington, Winter Quarter 1998-1999. INSTRUCTOR - With a Water View. Land.<:cape: A WarÙshed Perspective. Workshop, Washington State University - Cooperative Extension, 1995- 1999. INSTRUCTOR· Removin.g the Barriers to Smart Site Development, Worlcshop, Sustainable Building Northwest Contèrcnce, sponsored by King County SoUd Waste Division, 1997. LECTURER· Department of Landscape Architecture, College of Architecture and Urban Planning, University of Washington. . Originated and taught LARCH 402, Site Planning as if People Mattered, Wmter Quarter, 1997. PANEL MEMBER - Cutting Edge Approaches tQ Open Space and Greenbelts, Uniting for Open Space Planning in Washington Conference, sponsored by 1000 Friends of Washington. October, 1995. PROJECT PANEL - Innovative Development Projects and Techniques. The Quality Urban Environment Conference, sponsored by King County and the Urban Land Institute, Puget Sound District Council, March, 1994. MADRONA PLANNING & DEVELOPMENT SERVICES TOTAL F'. øJ 'nt By: 0 R STRONG CONSULTING ENGRS; 4258272423; Jan-14-00 9:59; Page 2/2 DAVID R. JENSEN, P.E. EDUCATION: B.S., Civi I Engineering, Washington State Unjversity EXPERIENCE: David Jensen has been an engineer with D. R. STRONG Consu.lting Engineers since graduation from college. He has worked in all departments of DRS focusing primarily on on-site sewage disposal, water system design and surveying. David currently is a principal in the firm and manager of the on-site sewage disposal department. As manager of the on-site sewage disposal design group David supervises other engineers performing evaluations.. designs, and as-builts fOT over 3,000 residential and 250 commercial on-site sewage disposal systems. These systems arc designed for residential, commercial and institutional sites, induding shopping centers, casinos, churches, service stations, restaurants, warehouses, schools, individual or large residential developments, and multi-unit housing. Other than gravity on-she systems David's designs include pressure distribution, mound, ¡¡and filter, and subsurface mound systems. David has designed and worked with the Seattle-King County Health Department in developing the "subsurface mound" drainfield for areas with very porous soils which is now u.tilized throughout Washington. Component expertise includes multiple pu.mps, timers, electrically activated valves, gravelless trcnches, and treatment plants. In addition to designing new on-site systems, he has been involved in repairing various failing and problem systems. These repairs have includt:)d restaurants, schools, fire stations, service stations, and a ski resort. David was the design engineer working with the Seattle- King County Health Department in a hazard areas study on Vashon Island, Washington, in which four designated health hazard communities were studied for solutions to the lack of proper sewage disposal systems. David is currently involved in several projects using the 'Washington State llealth regulations for water reuse for on-site sewage disposal. These have included subsurface irrigation, constructed wetlands, and sprayficlds, including the formation of sewer districts. David "clerked" for Donald Strong, a member of the steering committee which wrote the current Washington State Health On-Site Regulations. This included steering committee meeting participation and several document reviews. David also participated in the planning for the 1995 and 1997 University of Washington On-Site Sewage Disposal Conferences. David Jensen is a recognized regional on-site design engineer for larger :systtJms and innovative solutìons to sites which have restricted drainfield OpHOliS. He strives to match available proven technologies with the site requirements to provide appropriate systems that serve the facility and protects the environment while recognizing construction and future management costs. LICENSE: Registered Professional Engineer, Washington /!!R$/ ~ · 111.1g/1ggg 15:25 4258272423 DRS ENGRS ¡:"""fiX. HIi;OIm1VbU NOV 1 ~ i9~9 WIWAM8, KASTNER & G SEATrLE TIM /DRS} STRONG CONSULTING ENGINEERS INC. 10604 NE 38TH PLACE #101 KIRKLAND, WA 98033 PH 0 N E 42·5. 8 2_?- 3 0 6_3 FAX 4 2 5 - 8 2 7 - 2 4 2 3 FACSIMILE TRANSMITTAL SHEET ¡ TO: D~ R~tri'do FROM: it aAtLA- 11-/¿¡-7f COMPANY; PATE: fAX NUMaEIl: TOTAL NO. OF PAClë:S INCt.tJ"OtNO COVER: 9 Rti: JOB NUMB!::!!.: o URGENT o FOR REVIEW o PLBASf; COMME.NT o PLEASE REPLY I'IOU5/COMMENT$: .~L V'X r~:::!9 ~~~~ï - -~~!iJ~~~{;L- ,p ~ Ovu ~ ~µf1~S -~L),..,~ erJt? ~ ~ ~--~ ~ To' \Of'f"lCE\$lØlfk FormslF AJ(bla"kY2K '2ó~ 0 28 ~bl/ 11/19/99 FRI 16: 27 [TX/RX NO 6944] /:-: 11/.lg/lggg 15:25 4258272423 DRS ENGRS PAGE 1212 D. R. STRO'NG Consulting Engineers Inc. 10604 NE 38th Place, Suite 101 KIRKLAND, WA 98033 · PHONE NUMBEñ (425) 827·3063 · ïOLl. FREE (WA-5tate) 1 (aoo) 962~ 1402 · FAX NUMBER (425) 827-2423 DAïE: //,/1-11 FAX COVER SHEET , - ,1 3d ~- TIME: í r¿~ DRS PROJECT #: 1)~^, N I S ~ g:y IV OL,. t) 5 TRAN?MITïED TO: ~ SENT SY; Ll A f'J A ',:' ". - ' 'TOTAL NUMSER OF ?AG=S (INCLUDING THIS COV:,R PAGE): u (HAF{D COpy _ WILL I _ WILL NOT SE MAILE:J ) .~..........*..__......~_..~_...._...-......~......~...~__..s~~*. CONTENTS: . . COMMENTS: m,e .' l2~ílL~j$ - :j ~ ;:;: ~ :;-J:::~~~ .' .' ïh~ Înforma..¡cn ~on..ai:"le.cI in 'this facsimile is el:lnfidenti.1 and is intenòed Þnly ior 'the \,In 01 the individuals or e.n'tÌTy 'to VW'hom it i!l Bddrused. 11 you :ere nOt 'the in'tended recipient. or .he er:1þlcyee or 2Igen~ respon-- sible ior c:ielivecing Í't tCl 'the iniended recipient. you ate hereby notified tMs't any 1J$~. Òi:;semin2l'tion. diš.ri· bution or c:o¡;yirlQ !;Ii 'this f;õ)mmut'\iCiiltian is s'tTic':!V þro~ibhed, . If you hevI re:t:ivecl 'this f~csimile in error, þluse immeëi~ìely i"1o'tiiy uS by 1elel?none \!It (aCO) 862·'402 (whhin Wzshing,Qr1 only) or 21 cone!:': call 'to \4.2S} 827-30631 50 -;t'liI't we can ilIT2Inge 10t 'the retrieval of thl original dDcúmenu It no C\:IS't 'to YQU, ÏhlJnk yør,,¡,' .' 1 0 ~.- ~ 2-6- ~ ~ II FAX NUMBER: 't;lQFT1a;1r-aJußIF .4XCDYJiJ..DOC 11/19/99 FRI 16:27 [TX/RX NO 6944] 111.19/1999 15:25 4258272423 DRS ENGRS PAGE 1213 903/] .-...1 þ .../{..;:-- ~ County Health & Human Services November 15, 1999 RAY VINES 331 BAYSHORE DR PORT LUDLOW W A 98365 RE: Melwood Terrace, Lots 1 & 2 #912-000-001 &. 002, SEP98-0007 Dear Mr. Vinc::s: On November 5, 1999 this office received an applica.tion for a revision of an application for a drwnfield on lot 2 to serve a building on lot 1 ofMelwood TelTace. A copy of the revision has been forwarded [0 Development Review because this involves a commercial development. The permit cannot be issued until this office has been notified that the proposal conforms to planning and zoning requirements. The existing permit that was approved for lot 1 must be renewed to stay valid.. The renewal notice is enclosed. Please submh the required renewal fee if you want to keep the permit valid. Please contact tþis office if you have further questions. ~jnc ,re!! /L/. } I~,--Á ~!r-ð v Linda Atkins R. S_ Jefferson County Environmental Health Division C Michelle Grewell, Development Review Dave lensen P.E., D.R. Strong' c u"\C-. HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE 360/385-9400 FAX 360/385-9401 11/19/99 FRI 16:27 [TX/RX NO 6944] 11/19/1999 15:25 4258272423 DRS ENGRS PAGE 04 90~-¡3 . ,iI' r.:-: Human Services ~(~? ? ~ I;." " \ .- l ~~~~J ......-...J.....- March 24. 1999 RAY VINES 331 BA YSHORE DR PORT LUDLOW W A 98365 RE: Melwood Terrace. Lots 1 & 2 #972·000..00J and ~01 Dear Mr. Vines: On February 25, 1999 this office received an application for a drainfie1d on lot 2 to serve a building on lot 1 of Melwood Terrace. The proposal is for a lot that CUrTently has an active/approved onsite sewage permit. This new proposal is a redesign. You will be receiving a refund for overpayment of fees paid. A copy of the application has been forwarded to Development review because this involves a commercial development. The permit cannot be issued until this office has been notified that the proposal conforms to planning requirements and has been reviewed/cleared under the Critical Areas Ordinance. In order to evaJuate the new proposal the soil logs will need to be opened up for inspection by this office. If you are concerned about leaving the holes open you may contact this off¡ce to schedule the inspection so that the soil logs can be covered after inspection. Please contact this office when the soil logs are ready for inspection or if you have further questions, cEf.'inc ely .' --.d:..IJ+/~~ inda Atkins R.S. Jefferson County Environmental Health Specialìst Cc .Dave Jensen P.E., D R Strong HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABIUTIES 360/385·9400 ALCOHOL/DRUG ABUSE CENTER 360/385-9435 FAX 360/385-9401 11/19/99 FRI 16:27 [TX/RX NO 6944] 11~19/1999 15:25 4258272423 DRS ENGRS PAGE 05 /,' D. R. STRONG ,- caN5UL rING ENGIN£~~;.. ¡'IIC. 10604 NE 38th Place Suite 101 KIRKLAND, WA 98033.7903 [b~LñJŒr-"@~ íJOO&OO@[rA]OlJU&l1 P,.. r'" î! I r, '. I '~'I .:;::. ¡;;;. J .-, ri t : ~ . J ..... .. I \, l ¡'-, \,'/ ô " ,-\ 9 n -:{ (-. ,- ~....J -..DC DATE .'__ r~ .; (i I JOB NO, '1 - j ....) - "0-:-51-:1.'2- ATTENT~C'" t . I ~; ,'-. r)_ ~; \ . r .~'. ( , r·j ·T,.;;. I r'''\. .'- ·:,,;JI . 'I ..' ~ 1 ~~. . .. '.': I (425) 827·3063 Fax (425) 827.2423 TO ~:;:,,+'-tf')\-'3n(-1 :..:.:- r-;'Ti 1+ C""".rì+I?_'¡- ~~? I "" ,...- . ; '-'1 ¡-.-,.-¡:: r- I ~) " ,'-" ~~ I . I' ... \ -- I I '.--. - - .. ,,"'........ } : : ~-",: ) : WE ARE SENDING YOU ri Attached 0 U:1der sep;¡¡r;:¡te cover ,¡'ia > I o Shop drawings 0 Prints [ZJ Plan.s o Copy of letter 0 Change order 0 o Samples the following itli!ms; o Specifications COPIES DATE NO. D!1;$CRIPTlON I \ -r.. n·- r ....~ ~": .~ r . , '! .~. .. .. : :..~ j , ..., (-. .. r .-'::. . \.1 I ::'I~" ....""! f'·';OJS I (In '. - : - -~ , .- j I I : " . ..' 1; -- :-"':r:;} . ~i I ., ., ,.. r"""'t .::.., ." .' ~~" :~t v .' ,. I ......, ,...~ Ij THESE ARE TRANSMITTED as ch~cked below: ri For approval 0 Apþroved <\!ò submitted 0 Resubmit copÎe5 for approval 0 For your' use 0 Approved as noted 0 Submit cQpies for distribution 0 As requested 0 Rli!turned for corrections 0 Return corrected prints > 0 For review and comment 0 o FOR 81DS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS "-.-...j,,.. =T'....,,-;:::, +~,··1..;:. -.;¡~) '"1+ I /1- ._.....¡...~ _,.i,- (-4~ i . I. .,.. . l. . ' '_ t . ." ~ ',,- .... J . /. ~\.. I I i .-: .',: . .L' (- ) 'I +i : I';:;'" n~ I ¡'-\.:::,<::oI,('\ +\-'"1.::', "'''1 C';· 1·""'·'-' í,:i'-¡:~,r--' ..··,::-·r¡..:;; ¡...i. I \ - , +...L' !: ~ ',"': ,,:-\.. -",:'''. ; ':;. . , r":·~. :..-<, I "j (-'; \../ ..~. \" r" -, . ("J: PI J.') ! I' -; J.~: ~ t-, '10.:::,: f~\, , ::.~ '" r\ I .:. I ~: (<OJ .-:,.. .,-:~ 1; : t"t !" ''I", .:..::.: ",.e.: .;'::': , :. 1 :'~~... \/ ;::..\ (..~ '-·f r.......t 1"~ .~.. ~ j: .:, ,.... K~ 'f'''j '~\,r ',S ~ 1'" ..-;.... ,J 'I -, I) j . -+II_'~'''''- ...~: ! ,_. \ \ .¡..; .,\r'"',\ ,. I.."r.\,...., .-. \.,;;:..."':'...~. "'.('·.·'·.^-Ic-:~~ .""~f- . I ! . I.... I '. . ~ ( I I .. \/ \,- " ," . ~,I t"1 I ( -\"--\ r) ,;Z'-, 1 í1 +1.::'" P. C":', . COpy TO ¡or., 7 - I ,/""/~' . SIGNED: ...' .' j I ; r ri . '.' .:. ~ '. 'd': .. II enclosures am nor 4S l1o,.d, kIndly nofify uti .r onctf. ,}'"? ' c-F 11/19/99 FRI 16:27 [TX/RX NO 6944] 11l19/1999 16:25 4258272423 DRS ENGRS .,' ;/ - : '"ì . Jefferson County Permit Center 621 Sheridan St., Port Townsend WA 98368 360-379-4450 SEPTIC PERMIT APPLJCA TION tJPERTY OWNER ,ILING ADDRESS , ) I"''' í J .. . \'/1'\ I'· ~ ',..i..- - .',' . i 1'" ii', '," ¡ .... "U'~ , . 1-. L n !.I'. J -. ,-.,.,t ..... - .. ~ ..~ -.. , .. .. PAGE 06 ......... ./ rt1 r- ~ o 0- ONE STEM DESIGNER . .. ¡AL OeSCRIPTION: )djvision Nama Area Cede ( '-7 ~ 0 '.r .~ Î~'cr : c; 5 .....,.., . .,..", (" ,j ·f': 1 I)~ 71'Ì'Z () NC. _. (' f-i"- I' ," . r ) ~ .J.J()"I "/.../. / ) ~._. I,. ';... I . . ~~ Section ~ Township .\ f.; ; : Range ! 1)\) PARCEL II "!..f"¡' 6 06 0 () \ - D D-¿'" (:.'~:1..V1)ODÌ) ;'(/...... Division Block Lot(s) I t>f'oJt,- L E LOCATION , .' --~ _...r~.: '/~ /.- ('.J ",J 1<:,. I ~_.r.:....·' . : ";' Zip Code Residential ADU Commercial \ .' ,,<. Community _ ~E OF IMPROVEMENT: Residential ~e OF WORK: IV "" Redesign _ Upgrade_ ,ansiQn _ Desigmne Reserve Area Iventional Y- - If' \)Alternative nbQf 01 Bedrooms ~ ement: yes I B ¡ Size '. " " . '" 1.') ,) ". r : ,),.. '^- "J r) 0 0:.) ': ¡: ,¡ous evaluatjCn:~1 no SEP :~r Source: private_ pUblic +- Repair _ Partial (tank) Drainfield Length Trench Width Tren¢h/8ed Depth Number of Lines Tank size Soil type 'e 0 F SYSTEM .!,....¡..-: :.... -::-::' ,J (.:- ';:" Application Rate :'~_, (: . ~; , ,) _"I ) ,.. ) (draintield) ft. ¡ ~ ft. ~'r - ¡ '::;> in. \' ,I ':;-') :) gal. .' (ATTACH SOIL EVAL.) " ' . 8 gal:/sq,ft.lday ..........4.........7'......~......~9..._.....~.....~.~~~_..;......~..,.........~;.. : UNDERSIGNED ACKNOWLEDGES THAT THE INFORMATION PROVIDED IS TRUE AND CORRECT AND THAT FALSE )RMATrON WILL NEGATE AND INVALIDATE THE APPLICATION AND/OR THE SUBSEQUENT PERMIT. THE 'PERTY OWNER WILL BE RESPONSIBLE FOR THE ACCURATE LOCATION OF ALL PROPERTY LINES. aturø ,jJ Qn~d, Çj~/YJ.) P'E FOR OFFICE USE ONL Y Date 'ð-:JO~99 PARTIAL PRESSITEST ASBUIL T PUD APPROVED REN EWËD FINAL RENEwED Fire District Plan/'Jing District School District Zene Date Fee Ree # Check II .\¡¡lnGntr\hh:hlt1tt¡\pllltmitllpp.doc: 1 OI'!l7 Case # SEP 11/19/99 FRI 16:27 [TX/RX NO 6944] 11/J9/1999 15:25 4258272423 DRS ENGRS PAGI:. 11/ D. R. STRONG CfJ!'!$ULT!NG ENGINEER .NC. 10604 NE 38i:h Place Suìte 101 KIRKLAND. WA 98033-7903 !1ŒUl1ŒP" @@ íJoo&œ@5Yi]OíJi1&[1 (425) 827·3063 Fax (425) 827-2423 TO íIp;rtP)í~(ì1Î C:n P¡o.rm¡+ C>:':>'¡-'+I?'JÎ CD? 1 S ~-v;::., ,.- I (4 n.. n S + . ?nr" t T 0\"ln~eJ(l d \/« A q n 1(; <ó DATE P - ? I.~ Aïf£NTION o Change order '!iiJ.. Plans o D Samples _ the follo\Ning items: o Specifications WE ARE SENDING YOU 'q Atii:u::hed 0 Under separijlte cover v'ia ;. D Shop drawings 0 Prints o Copy of letter CQF'Ië:$ DATE NO. DESCRIPTION Y- ~ ~.? I+_qq -- (-'1 ~-1 - Ç., \ +::: .-.... ~,.-, I I r-" , r., + I ~ ï'I :..¡n""7iì.~ I r TH£Se: ARE TRANSMITTED as checked below: '. rtS For approv~1 0 Aþproved as submitted 0 For your US!!! 0 Approved a$ noted 0 As requested 0 Returned for corrections > D For review and comment 0 0 Resubmit copies for approval 0 Submit copies for distribution 0 Return corrected þrints c:::¡ REMARKS \ FOR BIDS DUE 19 I ,', r! ,'). . T . r'~;:/ ¡'")" I, -:¡ ~I ± h (' + ";"~ìr-,¡-,~, r ;,:) I ,., ~ .-- ~ . I I - ~ ..- f-o"I ~ (~ o PRINTS RETURNED AFTER LOAN TO US n ïnb("").h \'-1 ¡ '·If·=-, (J-f ; ¡-, .. \ , ,. \,:'. ,"T' '; r-p \/ (' \ 1 c~ ~;~, ¡ OJ.::, <'':) + (", '"ï r'- 'I ~.\...t~: ,"'~j r'\.n ~I ;', r;·\1~1 r I \J - '..-, ,--, I ~,' ..:::., f'J ~ ! . ,. .' . f'. ,",'.) t:"'" ,..., r""\ : ", "'-" ~ ! ",1 I; : I (.,") ......, ¡:;., , \ ~ " " :~ ~ , ~ ::::.... \, -TI I ...' r-1 ("1 n .-<: '-.., COpy TO ¡.:.~.. , , 1 ,_ ( SIGNED: : -,¡ .. ; i it ,r",' "r.' If enc:lt:u.UNI. .", nor liS nGI"d. kindlY no,fty JS SI Gnes. .:....-..., .. .. ,. ~.. .:.~:;",....; i:..> ..,;..~I:l..-.1 --'..- rl~ 11/19/99 FRI 16:27 [TX/RX NO 6944] 11/19/1999 16:25 4258272423 D. R. STRONG r--' CONSULTING ENGINEEB~ }~C_ 10604 NE 38th Place Suite 101 KIRKLAND. WA 98033·7903 (206) 827·3063 Fax (206) 827·2423 TO J~~tPJr50r\ C>:n.)nt,( He..;r1..lth Gle.1 ~h!?Jrldo.n Sit Por+ To'W'ns~nd '\¡VA 98jG'ð WE ARE $ENDING YOU ri Attached 0 Under separate cover via o Prints , PI¡¡ns o Chang@ order 0 o Shop drawings o Copy of letter DRS ENGRS PAGE ~~ l1[];WŒ(- @C? 'U'œ&ij£J@¡¡vj]DW&!1 d.¡r è.. ~the following items: o Specifications o Samples COPIES DATE NO. DËSCRIPTION If -:-'j-e.....qß 1'10'313 (In ~I+P.J íP>YIc:=,"::'lrlrl~'51C1rï \) THËSE ARE TRANSMITTED as chl¡!cked below; ri' For approval 0 Approved as submitted 0 Resubmit copies for approv..,\ 0 For your use 0 Approved as noted 0 Submit ~ copies for distribution 0 As reQuested 0 Returned for correction$ 0 Return corrected prints > 0 For review and comment 0 o FOR'BIDS DUE 19 ~ 0 PRINTS RETURNED AFTER LOAN TO US REMARKS C h0-n~PJd df>.-I~I~f'jï 'J\OlJí (""Jornmf"Jn+s. COpy TO SIGNED: ,...tJnLJ. /7 dJ ~ fY1.,.)J.J2fTV P E- If sncIOaU"!f1 are no' .a. nøt.d, kindly notify us ,If' oncs. 11/19/99 FRI 16:27 [TX/RX NO 6944J 11/19/1999 15:25 4258272423 DRS ENGRS t"'Rl:Il:. ~:J 9031)' .,~ ,j .~ Jefferson County Permit Cen'ter 621 Sherid~n St.. Port Towosend WA 98368 360-379-4450 SEPTIC PERMIT APPLICATION ROPERTY OWNER R. 0.. ~ ~ I n f"J '5 IAILlNG ADDRESS 33 i Bo."( 5 hnrp-J Dr I\I("'J POr't Ludlo'vJ 'WÀ 9B3Gr:J HONE Are. Code ( "3 ~ ~ ) '+ "3"1 - 5 I 5 5 ;Y$TEMDESIGNER Dn...v,d jJ n 'e~~ PE DIR_ S+ron~_ EGAL DeSCRIPTION: Section -L Township ê.. (~ Range W PARCEL # C¡ 1 e. 00000 I ,"bdl.lslon Nam. M ¡:, i ~ ~ ~ rJ îÌ>: r r 8::d OI.lslon _ Block _ I.otlsl i liTE LOCATION CS E _ ~ ~nf>J r ~D-r _ _ J () rJ k L rI d IOd'",\ 1.5 Q. n d R. n n... d 0.. n d Zip Code "Vpe OF IMPROVEMENT: Residential _ Residential ADU _ Commercial >< Community - 'YPE OF WORK: lew X- Redesign _ Upgrade RElpaír _ Partial (tank) (drainfield) ~xpal1sion - 0 "J p- ;onventional ~ Alternative ~lJmber of Bedrooms N I A asement: yes I (§) ;ita Size ''5,000 f+ '2- , >revious evaluation: yes / ® SEP lIIater Source: private_ public ~ ~tc. .? h, e; .- ~in. Number of Lines 'ê.. I' a.. +. I I ,he... Tank si;tti! , () 0 0 gal. Sail type ~ (ATTACH SOIL EVAL.) Applìcati.:¡n Rate 0 I '3 gal.!sq. ft.lday O,~+r,bu+IPn (~hö.lI~w +rf>,.-Jnch) Drainfield Lençrch Trench Width Trench/Sed Depth rVPE OF SYSTEM P r ~ r.:1 S d r ~--- ..~...~...........9...._............~._~...~..~.9..........~..~....~**.~..7~....7.~4~. rHE UNDERSIGNED ACKNOWLEDGES ,HAT THE INFORMATION PROVIDED IS TRUE AND CORRECT AND THAT FALSE NFORMATION WILL NEGATE AND INVALIDATE THE APPLICATION ANDIOR THE SUBSEQUENT PERMI'. THE :>F\OPERTY OWNER WILL BE RESPONSIBLE FOR THE ACCURATE LOCATION OF ALL PROPERTY LINES. Signature . ¿f O.n -;.û-l~.ftV p (' Date "3 - e- 9 ~ FOR OFFICE USE DNL Y FINAL APPROVED PARTIAL RENEWED RENEWED Fire District Planning District School Distric1; Zone --......... .. ~ Da'te Fee Rer;: II Check # Case # sep h:\home \ 'nc 'jtr\rlltl\¡<'I 10 \perm ¡t "PI" _ doc 11/19/99 FRI 16:27 [TX/RX NO 6944] ~,""""---'-~---'W-·_-llln_~:MUJ,~~~~~,l',~(OOft~.IJMIID¡;¡¡¡¡~__ .-.-' -7,F) fU{J ·-t DC)! \ ~l/¡ / ¡ ¡;;.<II.:,'>;¡ FOt~ SHE DE'VELOPi\IENT :, f\i'·dJ.\IU) VAHL\N('¡': V.1I ¡,l;',':~' I; U! I! :.Íic dev,.I\Ì¡¡ lJ<:llt,LU\lL¡¡d~; 111<1)' be g,r;lIIted wh::1I the app!ic,¡¡iun of th: ;,["..,i,,"; I\ü~dd ¡\.~,ult it! I";¡dicai dij¡¡~ulty .)¡,d undue hardship. The following ;,pp!iCÚtiOtì pm\ ¡,,, ,L.· W;'.'j IILliUl, ¡]('ce··.::..rv lid ,.¡Ii,d,cl.: r("vj\.~vi. Duu:cnONS ,\II:",v~~j ,JI qlil"SUiJlìS CI¡ ¡;pktl.'ly ( 'k;I:;e prillllH typè) Contact l!le Jdtl·i:.H, CULl1I1> ' ,..i"'l U':p;¡¡:;:ì\~ JI tit ;:,...1 In ti¡¡li.., ¡lill .lit:. ;¡ppli,:JIIUIl a Ill! I\)r iW;!llkli,.ill:, (¡:¡ ¡Ù¡dk:l ;¡d¡¡¡:Jii:". pr'¡C",Jtll': rcquir,'d [(I l\l'l:;,k..: it:, !iluc<.:ssÍng. Submit [his v;uÎdnCl.' ¡\.:qut",! al,'f'è' \',ili; l!l:; ;n:t ;tpplt,. ¡¡t¡,Hi. AUac]1 ;.1;'1 addj!iuf¡~d ifll()rflldtjun (r'-'pons, studies, maps, iJlllstratio¡¡s, kas...;s. permit,; (:;, . iLli iJ);,y ¡Lulher (k~)(;¡bc the I""P():.,,;j v;irì;ulI.':': ilt addition to the site plan ,\J'/'I c..\;-.~ 1(,1\ ViJlc"; - .._-~ -..--. ... . "..,,_ _..._.__. ____~__~,..,. __,.,...__._"_.,.___~,_..".._." _ ø·___·~,,___ .,. , "I ;1 ) Ii ¡ ¡,I I: I. ,liPI,' I)¡ ¡Vl:. I'()J I ¡¡Jdln\\' 'Ii) ;(,'; t'/o.' o ,. ) ; I.LU' ¡ Iu,¡' ( [¡')IIIC) )(.(1) '1.)"/.l) j y) ( IJU ',I j I, >:-, '») '~"-"-"~'--""-'" --.. ...- -----_._----------- ---,---_.._------ ;UJ'IU ~~';I'''''HA n" ¡. _..__.__j~i.:.,~jl:~!!~~..!ji~¡mi!l!.! and IkveloplI1éllt-:.\'::.0j~".:'2____._...__ ,\! ) I) ¡, I·~)~;. _.. __._.__.__L '." ')J:_;¡'~!_;::.0..';'~_.8L'::"~~~ P on T 0\" ns~d, \V t~:::~l:~)~~_ ______.___.__ ; 1.11.,'1 IU:'' . .__..._____._._..( business L____..L~~:(.ì ( ("-'JJ1\:) ) 7·) S I.':; 1 "'. -.-.---." '..--.'.-.-...--...- h' _.,_. ._.. _ .~__._u_.._.,___.._. ___ ." / /' /. . '.' I ./ I , ¡ , ., / (. i r, .' / .." \ / i I I .I ;, / " j' . \ I I ~', I··,· .... '--, / ...... -' I _. , I ~ .·)1 I ~Jh_J... ¡ tc " 111 I I --::. --) ( I .'~) .f: ~ I,..' ..... } / . -..'t..- _..'- '{.J I ,-j "-.-.' ..", -.' '....\.)11 ~·¡ ..>i.¡:...,.....~;'-' :.! ~.~ A;; of - :;L --ì - (ì thu ~~r;r;iì~ ,::.·::.:;~·11~ ¡·,.:~:nl.~ It) l':¡,: ·.,U>·;1.',lil\:,;i:/ C;Cj¡/~f ¡LI'y' '.lIt,·. lí} .' I "/ .\ "/,i f I í (1 _[.1-../ / /- I-:...·./lk.¡ I\li >;JI\.: 11t.:\'l'luJIIJh.: Jt :-;ldddd,j.j '~I;.¡ ì.IJH.I..~ J Jd~'.\.· jUTACHML:NT '/111 ...,., ..-.,-.- p ~.. .; ; .. "'( I,j ;, . : . -,,~ . I ~~,_~.i!li;ilialill ... ~. ~m)~_.~lIrr-~riþ1~'It~~~.~~.,,~ }i" ,,.....,. I'W H'i'lffY DES('HIPTION (;¡ ["; I '.I\,.\ I. 1,0\ ';\11\ 1': (~.ih: d, 1.11 ,.,,;)_.._._L~2.U.J\.Lt;J~~~!~51 Tl:!X~!lS.l.J.~:!.ILI11.!:g~)~L._~Y.~!,I I.li. ¡, 'j ¡ LEGAL DESCRIPTION lJ-j)¡gll P:ucd ¡¡..~J1L:.j)(!..JlCLL__, S~ction ¡bIJ!!t; I \ I'¿___, '1';i''- il ___, Lot II J)i\j';iuhJ.ì\.~ lU"'~''''::.:..l_ Pl.;! NaIIJl: "'\ :( \j v'-- .'. <: .( I , Block 'j' , ' '7 ¿7\ , OWIIS¡1Ip~~___..__ "1 lh -- ---_.__.._,-_._._--~---~._-,_.__._~-_.._...~ V,\RL\NCE REQUEST A '",jj;¡J1í';'; is an L\lCpLiulì ¡iom ¡/¡...; gencral rule or standard and as :,uch must be aCCÙtIìp:d';Lll t" :U!i:C¡¡:1l1 (1.::1~;Olliíl~' to jluiJy' gr'!!ItÎng ¡IS approvaL Granting a variance is based Oil it k¡ld:,j¡¡!J )f L\';;¡CL'J Ly :lppl~,'i¡¡!:; tLc :,I:iJjdar-1 «) circumstances or conditions uniqut: to Ülè propLI I J ¡ "lll':' ~ ¡dJl !',Isun:d cjr":dì¡¡~.t;U¡':,:::, uf the <¡ppli-:ant and generally not experienced by other prUj)"il¡v, Th: j{,llo.....il!!', ,: ul'.,¡ìuns .\d¡ ;1S:;;:l in thL evaluation of the variance request fI ,';() II ',;¡;ch ,I,,;.(\.\,,¡ ,¡,,' \till ; ,,'qllc>;¡illg :1 villi;l!!t;t:'! (ldclI!ify.ìPpli,·;¡bk (\)[1111, (),I!i¡¡,,'¡',,' í ',) ,II" I '.,! t ¡( Iii (, ì ¡ n,:, .\lli,/,'('/ j"/( '!'I'It)' I:, ,ill ¡,lid.' \ ,¡'jUj)('¡/ CUflll!/l'rCÙrl~V ::011('(1 poree/localt'd III j 'U/'l ¡ Judl, "'" ¡I,ol /, .~¡,:h,(Jud f~'",([(",) \II/oJ ,i/lUIlitlg ()uk /Jay Howl at liS inlersectiun II'JiIt Ki~'/t'Y ¡')nl\. I; ¡,.I.' '-1):'1" to ¡lit' /flU!' Ul!u,o!wdJ. ) 'OrI Hw/lock has heen J()rmally designated as a Rural ,·1 e!H'lfi ( ',/ if ,.,.. hy lilt' fIIUP U,I,lple(/ ilS pw'! u/FfII"'rgt'IJ,--Y OrdÙlwlcc: No. U5-02 j -/-Y6. ïhae.J{Jrc: jillur..:· In'duf'lIiélll (It ¡he sui!!":,·1 lotlliilS¡ me¡;f ¡he crileria conlained ill Sec/ÌolI ·1. -/() "HIlIk, /)íI/I"/I.~:,~~i :!'!:!!.i~:'~:!2.'{FI.:1IU~/t'Jn('I!u..i)r tutu!,' lyJ'itJrÙI j)esjgn~lIed Rural Centers" (~lflJi: J:ìnergc:tICY ( )¡. 111:.1//1 ·e. ......ecliiJIl·1. -10 ,I [J¡e Lì"e/g,://cy ()rdinUllce establi.,}¡es imerilll lund lIse CO/II!"c,l, ,1I:d <llIi&.:II./,' .':~:!cJ!l.!!!}L~_1~~tJ!':_IJ~/~1l..~~f!/('II:\!:!.!!.~!!)Ú:(11Úf"{'!.!.~e/lt.,· " olthe Ji.jlersoll ( 'OJ/lilY Z{)I/I!J.~: ( " i( JI, /"" ¡I/, " i/u. Ill) (1St) ¡' ')/1 /JilS '-"11,('\/ I.\})r U \'W"iWICc'jlllllJ the cOlllIJlerL"Ìal hulk alld dllll('lIslOl",1 n:(fliire/liL'/jl.\.f!/f ¡untl., WUIr/1I j.ieSlglIl./t<..'(¡;':uml CelIters, .,pecifìcl.//~vf()r a variam.:e from tilt..' reur setback /('iUifl'fII.:t11 }lr Ih:jÎ'tlli'L' COIIIJIi-'1"l'iuJ development on the suhjecl properzv. JC;', V'I;I:'·; !(l:'IU\:,t !¡,¡i ';t:"; J>C\.'lrkJjJIJIL·l1l ~;LHid~lJd V.,¡j;,~L..,: 1'" ," . --..pnr-."....~.....~"'-"""'\""._~~~¡",.~. .....~--- .' ¡ ,,','1 ,l,..: ¡ Jl: Jii dpU..J :,Ll!hL.¡ d (',j 1/1,' s..'I/;ud; i'i'(IJÚ,.c/J.i..'mS f;)/" U CUf/i¡lIc'/'(Ïill de\i(:iopmClIl/(X'([/ed Oil lIle S¡¡/ljt't'1 jJli}jJerf.' ..., (""lIhi!lil./ in dIe' l~'!'!!!__;"'.Ld~L::..Ci.!.If"¡I''f'('iul wid !IJdn..,¡/"ial Bulk, Dimensiuna! and (;·ci!0..L!. H'-·.0.i.iil"~:I:!.'!!..¡L"-.L!!...j.:!..(j:d'J tíJ/l!!!J/.:~~!..L'liLl/cd Nural Cell/as '~ of SeclÙm ·t.·¡ U of {h: l~/J/,-'g 'Ii" ()¡,i,'J.j;Jct: JY'u. OJ--i)''; ¡ I·lill. lj;.· .',uit· {/ml reur sefback requirement..,· U!'c' idL'JlliJìed us {,'Ii! j i'l,'! eut'/:, J ÎUII"'Vt'/, il '\fÌ<'c~,n¡" .¡)/'tJI'iSltJ/I is {l/w/t: )(Jr rear am! side sdbuck l"L'i!IIII't'IIlCII/Sj;)! !. '." U/;WII':,l: (1/.1 e,\ü¡/,j¡:.h<.'d IL' ,1'/,'/1/;([1 d"ldojJwt:JlI or resid.'Jllial ZUII<' ("H" /iNk). j,or' (/ C/lIIU'I-'I' iul ,,','I, {, 'flfllt'!.i ,¡jlli/UII,:: II ,',slde'lIlld! ;:011,', Ihe sl£l" u/Jd r.·ur·\¡"{/;(J,'k /"'·iJliU·"//i. !.' . .: ¡a ,'///'- /;1 I'I..'J)}'t'l ,'tI,·1t. /1c\..(ii,iifig lu ¡}tL' lUlling ,',/ell' uduflh,¡j ¡"Ih Ihe J<.:;)i:rsofl CUlt/lly lUllI/l\.!, C'UdL' (lVY·i), Ii.,' __1"1"'; d...'.~igtu!i(lfl (~/Ih.' SI//I/L',1 i//'U/hl(i' i,};r (,O/IJIiJt:TCWllm: ('-2 ZOll!.'). jit.' ::'ofJÎng i.ies/;!!!". fh' iil,'",- .\IIf1'oundulg I}¡.: SUh)l'("{ !if"uperlyjiC)fJllhe weslern, IlOnht:t"tl (inti 11Orth--<.'USft'FtJ difeuw/ls an: ("·O/llllli..'/"(·/U/ (( '-2 IOilL). lht.: projJerti.!s localäl in /he sUlil/J-eu.~":rn dilÙΡ,;,! ,ii,' n:.~Ù!L'IIUli/~V:'OI/Cd (1-: Z .1/1''). ¡ ha<./ore aJJY cummacwl deve/oplflt.'iJl ¡ll}Jt: SUf!jl.'cl lill h/ I; ¡', rt:'j"I/ù¡ u hl..:t/lyjh..: (25)f)()1 st'/huckfrotll ihe residential land abullillg ils SU/ld/-äLI,/¡:r:: hUIII/. f.. if}'. (i '¡':US': hj.:r flJ ,h.: lIIap 1lI/{lI...-h.:d) Iii Ik:,,¡d)c rill" c'·.¡/.!u¡dl1L1IY "llliilli'ill:. iii LJIIII~,u,d l"íJ\'UlIlstiIlIÙ'S \\!til"1t l'\i~,t ,III .\P¡¡¡ ¡""I'"I\ i.hid \\uukl jU:,[ily dCVldl¡ulI ¡'II.III tilL: :)¡iwdalll (Slid! as lupo t~'atllIL'S, parLd Si..·.L' ,itlli;l!.,!),'. didlllil!',C, ell: ) I\II;¡.)) UIIIl lH' [lIjíU!'.I<lplìlC pj¡uIU¡',¡Jph~; or l()po~',lap)¡ic m;¡ps. ¡he "ul,,/¡ ;'/.\/011 HUS cn:II;"'L! and f/¡t: pIu¡ was n:corded in Ot'/ubi..'r J i) 7·1. ¡/¡,' sIIbdivisiuli CUIiUJIi,' tfnny ;(J//rl3--1) i/:d/l'Ùhtu! pureefs. LollIs of all irr.:gular Irial/gular shup.: wd uf,;!!.\ SIUfl' II:g)i\lu.'y' SH. 1 j 6 (O,;/: Day l\uw/), a st'co/Jdwy wïaÙ¡/ al ¡Ilt: IIUr/h-.:wl. lucaf aù...,.. (.·J!l1I Kn-lc.:y l.Jrn.:J aI/hI' ;'1...'.\1, alld l.O! :2 (~/¡JiL> Sattl': subd¡~'isioll £If Ihe ...,o",h--<..'us/ (pl"d.h' !e/..'/ iU il/.: Im,¡'1 ..¡¡¡¡..·lied). }'/Oll/ .h' fw/¡' '!¡'¡"CiHt/¡!I,:: ¡liFU'I,t;/: ,".1".1'. fÍ/(' )Ji/l/ee/ 1.011 hus he..·Il,ledi('Uin/./i'r (Oil/ill.!. i..: II". /" ':" hy fill' ¡Jiulc'L li\,,' 'Ol',-'tlcll/Ì.\ Ihut I'll" H'/ih the suhdn'/.volI lilld /h' ( 'UIIIUY 's d,T"/Uj','!I,':¡¡ ,,'gUldi/I'I/S. ""nIl/lied Cillllflle'r(/(rlll.\eS'/Or Iht' subjeel properzv hun' lIul SJih,\fUllfwllr âhU;,:,. ,1 ,"",'(.' tilt' I'lullmg oj Iht.: pnu"'ct. ¡ Iuw!! I'tT. IIhl.'llAJefwood Terract.: was pfalll'i! in 1 i) 7-1, ./-://d -'t 'Ii C·ONI/ly Ùmd Jüe (."utl/ru/.'; did IIUI cUI/win n:quin:menls)(Jr setbacks. Ai lhal lillie, ihe bll/I<ldl,!..· wù/ o/f-Ol 1 wus appr()xu"ait:~~1 15,500 squareji:el. lhe curreni dt:vt:!oplllen/ S.:Lbuc/-; f"t'C:jWf"älieJIIS (I..'utllaill.:d ¡,Ú}¡ill Emergem.)' Ordinance No. 05-{)21-I-Y6), combil/ä..l H'iih lliL' 11 r.:,...:uiw ilY oflhe fOf cOtyiguraÚuìJ, reduce Ihe buildable an:a of Lot j 1o (¡ppruxilllU/':~}' 1, UOu :,(/ume /~'.:I. 'this ¡¡milalJOti slibslatllÌul~v impairs, ~lnul pnT¿¡US w/Y PO/t.:"/llIuJ cumlJlerc/i.'! dev.-Jol'!JJ..:t/i (~/IÍI': subjecI lul. tCay V UH'::. l{....'ll¡~·..l lul" SHc Ikvl."l,)j>W....J1l :-C.l.u,J.uJ V,U Id¡I~"" ¡'",:..: -~~--"" ./" ¡I"IJ'(/,\(' Ill) ¡' ,\<':I!(I,,( ¡<'lífllf,'Jli"l11 b,'/II""'/I (/lmll/t'rcrU!l1l1d /'('Sh/,ll/liUI IUlldv 1.\ 10 .',.,,, , .;.,. ,¡:..J.t' .\<,/''''''1/(111 ulltlj;¡¡¡c(Jolldllwui us,'. 11 shuuld he /Jolt'd, however. dlUl Ihc' OHIJ.', , .I'¡{Fd !,¡iJ!·t'I"~v cllrl'c/Jliv UiH'S lols ..! dml3 (llfJl.! sarli': subdiVision h'JlIch arc' :,:ullcd,j;,/ It'.)¡¡'~'I/:JUIIISt.' (JIlL' ¡hen:/;)!,' we 1l~{l/Úr.:d 10 be separawd b.Y' a 'H'l.!llIy Jive (25) fOOl bl!Llà ::','/i,' jrulllÍl,'ji¡¡¡Ir,' ("o//ltlltn:Ù/! llS(' i:fih: Lot J. lh.:rl.!fon:, huving prupril.'lorsltip (~! ¡he bu¡h .\ú:,/,"d prup,!,:)' unJ lÍJi: U¡~'i.'L'eJlI j"'¡;P":'-'y 10 b..: pOlt:'/Jtia/~v advt:'rse~y aj}:cted, t/ie ow/It:r UCCcpfS (II,) ud,'I.!/ :\..: impacts td Ih,: wal ,'ed !ÙII' sdback requirement jiJr cOllJmercial developmelJt IUCllf,·,.' Uti /.01 J. .\lurt'OIicr, siilo,;' 1. 1// :: is ¡J¡,. u/./(v pruperly adjacelJ/ to Iht! subject lul, it It Oldd h,' 11,,' ... 0/1 fi/.;¡)¡:r~v I!/I~'("lùl! <III.! Ih r,mOl'<¡j t~ìl!:¡' säbuck /,ä/lJirnfh'lIlI<,'¡I¡ no! hUIIII SlI/IU/lII"/:li,\: j.'rOjh'nIL',\. II/ (,,1,/,/;11//, Ill,' lI<lf/II,t! IUi',J.':ldj,JI} ~!/ ilic' urn! udtÚ J(J ¡hi.;" St'/ltJIUliOIJ i~/II""S (fl/~'as,' .~,Ù' II;, lltlUcJit'd .../.t'tdt). j he lull,,' .I:L'/!('/ u/~¡ slopes f )\nJJ'd\' ¡he iIJIt:rSe<'llurlt./ Uu/. n(~\, l\udd w"; ;/¡; AI/Ii }.lIie) !Inv,: ¡ni,J.\ù "llun ('J','uung (/ ,.elullve~v.flal buildiJlg .\lft.;' OfJ /.o[ 1. 'f/¡is lJuli,nd "/;el!( 'il " cOI!/ìguru¡ju/1 JII 1,'lijliflClIuII willi Ihe proposed bl~Jj;:" wi ¡¡Ún j .01:> 2 Ulul 3 hili pI,} ,.." ./;)/ it ,/, I'/S.ull /L'i':':CIl./í¡,'¡¡le' (',N/IIiJcfCl"d dev"lupmelJ! utld If¡¡: e,'ì:isÚIJ,"; resiu'ä¡C,,' O/J rO¡ -I. ·L ¡\,',: ¡¡l(,~S',: cULdiliulIS lJrilquc lL' :,\!ur I'rop~l1y and nut 1.~.\!)(.:r¡l;!I":èd by ulhcr prOpt~!ÏY.¡ I'k :¡ ,:,;¡ (11 '.,l·:" p!c¡¡sc ,,'\ iJ.¡IJI t1 .,is ¡III ciS u//,·¿:.Ir ,,>/(/i,'d, Ih' ,\/lI:FCf Jill/IUS WI irregular shupe und 1.\ SII/'lUIII/d.'d hy pll/l/,,' f{J(/,h"/.,SJt"(I/;/ HHI (!/u,\ ¡hr.:e ,'.Id.-s. Ihe c'W/I/JlII(i!/IJ!J (ldevdo/Jlllt'III cUJlsfru/Jlls 0/11.(1/ ì I, iil. Ihi! ).11'; ,rable ()1i'/,t'r.\íl/fI ,I'd/NUI (:'/11,(:/.: OII'tlc'rship Ji)r LolS 1, 2 atld 3) al/oH'sj(J/' UII ud':t¡:.. ,f,' ,\t'f-"¡i"lW'I1I/Jt:II,,;.:/i pUletilldfJlliW'': /esÙknÚa! uses UIl LOIs.: and 3 Ulldjitflln: cutllllhI('/{d ¡.'n'âu/''':h'lIi Uti Lo/ I. j Jil' Sh:¡ll' oj (he' "'¡¡{¡Jeel properly alld ¡he descnhed ahol'e CJrCl¡I!I.\;~.!..c·,> un.: 1i1llillt.· 1o ,'W!II!It,/"1 "iill/¡ ::OIlÙ/ /ldl'C,1.., ¡II 11/(: area. \/U"~ .111)' 0J'l[¡,';,(' co¡"jìriuij'; (Ii l:j¡(;iJlIlstances caused directly by you') (¡ryes, plc'a:,,' I", ) I III ) ,.V, JII,' (Ii: Ì/.,').' 'UII. ii {i OilS ( !f' , iI ( lUll ..:dlll ','S H't'!'!' c, II/sed ill! L'e I ~I' {¡.V I lit· II! 'pIli 'ullf. .·1 S 1I.)i,', I , /1' . I , ,.i/(' C'II/i.':'lIIlli/(I/J 0//1'(,' 1r,.IJli,lu"d lilI.", iIllhe slJbdJl'ISiulI was (lppruved by Iii.: ( 'UWN.V III ! 'J" Sul,st,I!J...·,,1 .\.:/1>"...;" 1("f11il <'t1J("lil.\'jW cUlIlIm:rcial d...-ve/opmeJJ!s erode Ihe unXlna! flII/PO.h "I COIII:iI,.i'L'I¡¡J iI,'>,,'S ¡u~'(Jlcd 1111 i.o! 1 r>/ Ih,:\,d~jt'(.'I suhd/\'i,\iO/J. ¡'~,¡y VUlt::> l{cqt:öt fur Sile l}C;V<.:i,JPJlI<.:lit S¡.UlJ.úJ V;Ir:.lIIè,~ 1 J~J':;c . t ~; ,I If li, "IJk·., I' j¡,lJd:,/L ,,!l1e .';(dJiILlld places o llh(~ Use ufyoLJr plopcny. / I,,' . "/¡!F<':11 dL'vâufJlt/ä¡I .'c'iliac;" r<!iji/ir..,'lIJäJiS cO/1JbilJl!d wilh IhL' irn:gular/lY of Ihe iul ,'I ';"!I'':;'';I ulion wk./ ¡IS lilJiiji1t.: /ocwioll !"l'duce 'he buildable area oj lhe subject pr()per~ ! lú u/pl()r¡'lh"t!~ ! -I, {)/iU sijJlure }'l'I. l h: existing on-site commercial parking requirelllcJJls U;;, ¡ L,-l, (ll'lI/i, ¡hi.' s,Jils}){' ()/J-.\Ih' .\i!wug.: I,äJlIIJI!//I (iJ!ease set! Ihe n:porl aI/ached) jllrtherr/J()f',' 1,'\1/" '[ ¡he' jJiI/¡;/JiÙ¡f cOlI/mercial liS": oflhe properly. 11 is high~y unlikely that 1.01 j ('ould be dtTl'IujA',I/ul' (."(jIJ1/J/,'ni¡¡lust.' ~/IJ¡e vwiwlce is 'WI .::rullled AI Ihe same lime, the alkrllativ.: re.\Ùlt'/IIÙ:1 Jel"¡/Jp¡/J('"I lid,,' suli;, ('f lot llflf,eu,." II) he (jllcSI¡olJuh!e due 1o Il/l' IllIfhJ<Ï.\þ[)1f/ ('.\'Í\Ii/J.< «j/lllh,'!('lill dTt'/ofllf/("JI (II ill(.' IIIJII/(',/¡afL' l'ICIlIIly. {he: £lh'U.\' SlJ/IUlJliLÍllIg /'01 J (/1m/¡ /),.- /11, 'i i, '/ J)' .uC/ u:..s (lull /{u:, N()u.J (lltd [lit' ureil 1o !ht' Ht:.\l) hUI'¡.' IItlde Igw j¡' ('rll' IIsn '(' i'c llliI II d. ,.., '/"1'1'1(1/1/101/ fll(iudillg (/ fll!!I/.., (!lÎICc'.'., U l!I<:dÙ;a/ c/imc, a gas slUIIUII illJdslf/a/1 huslllt,.\.\.".'.. 7. L li,,; d-:viatic'¡l 'yOLl [\:ljUtst the mjuimum necessary to .lccornpljsh your project c¡ h (i".; (.' ,¡¡;()dl'.:r r\~a~)()nall¡t: Vi,iY to ;¡ccOmplj:ih your prG~ect that would not rt:quire it vari:ukc'.' ( I' le;;:,c e\.pbin ) n", 1I'./liI'Sh'd VanUIlCi', // .~~/';¡I/,,'j, wuu!.! prol'Ùit: (/11 (/f'pnJXll!Jtllt'¿V .?,.5 00 S¡!UU/'(' .I~'d ':J (((fdil/IIl/'¡/ hlli/duhle' ((reu /IllS //Ju,le.'./ udd"/()lIlhJH¡;~'er tt:flre:.\i.!/JISWI IIJUù/St' (1(\1.\'/1' /1//(,' ¡,I . '¡'III (Ii ''',j II! I/¡¡' (1/,(/ LlIII/loh!¡'jut' Ii,,' d¡'Vt:!oj)f!leIJ! ulJder ('/IITt'lJ! regula/JOII\, ¡he I';¡/i./i:¡ " (·¡"l,e,;¡·, IU Ih' EI;.. u/,<\ '<,u',(ItJuhlc ~¡ (~I' {II ullu\i'jiJrlllt' ("(Jl/llJll'r<:ìu/ dl'l'e'lu/J/fh'flll:/¡}¡L' .\I./I), " /,,/ It iel)' '/111>7, :''''111,,,,1 ~J[ Sit,; LkvdujJW<':Hl SL:;¡J.1fJ V.t/ ¡¡III..'': ¡ 'u<~,; ~. ,/ ,1'" // ;/1 l ¡) I ),':,(1 ih~' Ìlu... !',!,Wlilic' ¡II<.: \;11 i.!iIt:c \vil¡ nul bl.: nl;¡l~ri;¡lIy tklrillll'llt;¡1 to 1111..' pubi¡,: L".!! I. :,;li,lj, \',dLu c, lISI..', UI iI!ICfl::;t, ur injurious to propl..'rty or il\lpl0Vl..'lllt~1I1S ill till.: viLi¡: , j),,' rt'i11c\hLÍ ;i.in,ifICt! ~/.:;:HIt,,:d .lIid<.:r ¡h¿ circuflJs/u/Ii..:es describ.:d (¡bt)!'e will ulloi ' :¡" d,:,c:i(J!///I..:¡¡1 (~l¡/,,~ :)UI}ÌL·,'f 1<11 ¡II ,)¡nc[ compl/Um:e \Vilj¡ all currenl dev¡;/ofilì'lI.:i1! rL'gldelll:}/;, d¡J¡Jiit'~:b!(' ll) Úu' I/"L~/"'{:;: Flur.: C"¡IJII¡~'!' ,ul (.'.,'.1'lpm\'I.I Oil Lut 1 \Vi!! COI/J¡'¡¡:v wilh Ihe ZO/JlIlg f¡',/wr,.'lih'/lI.,> '/,//::/.';1'11 ( '(JII/Il~' ('{.I, r. . n" JIIII/,,,,,c,/d""/II/" ,,'iii Hd! ,';.. ""1/\,/,\1,'111 WI//¡ 111.· 1(,,',/11011(' ,',ill/IU/lIs (,/,\/,j¡,(" J ('I ru...'L' ~\ul'(¡nA.\l¡j/" / Jr.,' /() Ihe /II/Ì,/iI.' U,ill,'/',I}Uf/ pu/h'Ot and lJulura! lopogrdpJ~y (~l ¡he site, lhe jill/If'<; ...I/iI"i.:.U; ,1,'"/I/I/lIit'lll 1"L'i.ued .HI lh;' slIh¡.:u lut CUiI be .will W.kijUtlldy .w:purufcdji"OIIIIh.: PO[,'",,!! r.',\:.:!,·!!I",1 d;Tt'/Ii/IIII,'IJ! (1/ Ih: Ud/dCl!IIL !ut illft.: nlriu/lct! is gnllilcd SlIice ¡he uprl!/( .i:,' u" Ii ¡j¡,;' /)()!: '",i¡¡ d!>' tJIi:C!,',j j 0/ .: If the subt/¡visioll UJIlI Lol 2 is ¡he ()/J~~'pn)fI<'r~v (!!i~'C:,'.i! 11,,' j i:'o,.'.J,k·{ I d..'IW!tOll, ,,;f'd/ll/lIg (y' ¡}.¡' luric/IICI.! would burdL'n o"ly ¡h,' lippl¡cLl/l/. JI 1/,,' ,f..,dO/''¡h'!!I ! I ¡¡It' Slih¡,u ! I/o/h'rly ¡rill wId In IhL' cUI/II!II:nwl 1'1/, '/1/1' (Ii" J 'u/I /(, N,.:,,! ( '''/lUIIIIIJ/~V ( '<'//1<'1 ,lid ¡III/) /0 ¡fie' lI'eIJ-h"¡II,l~ (lllS residents. ;¡ L [¡i,;Ie: .tll\lÎlil1;! d:.:,: J';U \'",uJd ,ltid \vhich suppOrts your reque~;ts') j fa' li/UWlce ;;~(lJil /1',' FeU! \db,:cI. rC:jlfln:III<'''I.f(Jr ¡j/(' jiJfure comml.!rciul dev¿/opmr.!I/1 1"".:.,'.'11 {J1I1/i" ',Ii/I)"" pr.'f"'ny J." //1<' U!II:V HUY III uccomp!ish ¡he pndt!c/ and 10 mel.!! Ilie urigilluJ "..,':,1 ('! dll' .;'/'¡"¡¡ ,'IS/Oil. ¡{oil \Ill" ¡ JkquC:',ll,) Sit.; l.>,,;vdlJjJlIl.:/¡l :;,."hJ;UJ V"U..IH":': ?~l~'o..: , ',dl' ¡,LUll/ill:! .II,', 11i/¡i.IIV III<' \,111.111"(" !l'qIIC;!. I! lICU!.'i to hL' ¡HI 1.11;,:1 1",111 11\ ¡ , ,uII.¡:,I,· 1(11 '(¡P.i!ll", ;!lI.1 :·¡;¡pLiL:.,jJy tllu';ILtlL: ot ¡dewily tht; 1~)¡¡()\.\i lt' kalWl:'; _nil 1 ,.JlMmtMi5'1~.."'T"''l1:l~' .1. Ii 1\1/, I il df{,JI,', ::11" lïJ:.:;L~·l:" :.;c;;k /)c,,·1{'1'I¡¡CJlI ,de;¡ (¡JIUjh:llj IHJumbry lines, s;.;elÎun ]jnl.:s, de.) ¡'I dl¡cl\'/ jlii¡'j'\)\/cm,' il:> (c;,:i:,;ti,¡,,; dllcJ proposed struelurês, u¡ilirj;;s, sl.."plic lank, ;:11,: dLiii:!ic:d lu..:aliull, \::i';[il1¡.~ v,dL;, ,."Ie). ;'¡'J!,.'I tv ¡;:,¡[U(c; í.,·::i:.;¡iIJ,!, ;¡¡i,] ¡)luposcd changes tu topograpÌly ;wd ,':'JOIIIl,1 h:Lo:'r: ','1';"I,¡¡¡uti, :;Lor elill'.: ¡ did' h.iC;liil,;iÌ, ulIbtanding pj¡ysiç,.tI katufes, l"[,;.) ~,dL.,d.:) \.II'\¡uih·J .wd ¡¡OPI;.".",!, i¡"diIÌL:H:nl). L {I.,I ( 1':\\1<1. ('·;t;¡k, (\·UIl.'''', ill1,11"I\:I1(') and C;tS,'II!CJ h (IUdIJ, utili!)' ,I!hl ..,tik'I:';) ( ) I j I" I í Ii J ~) J " . Ii I' } II t I j, d " ,'o ! I, II It:; I ¡ h.: v; 1I i;¡ m: t" (l'l III t::; L A l-:~iY 'v' Hh.'j J~~'~pk.',lll'¡: ~;~lc Ih:\'¡,:li.JpUJLld ~,.HI,Jd.lj V;'~ldlJl''': 1'.",...., , ÌII ,'" --.- __,._n-____..__.__~_._,.__~.~~.____."__....",...,.,.,,...,...~."""".._:,'!"I"_,.,~'"~................."."_""""":!;::.._ ,.IOIII,N~,,~¡:i...t~....'.'1':~-~~-..·.......,.,. f,i' / ",,1 (" 1/ (' . -{ '1~f\OWU': ){;J'\JJ.:NT j tlnd.) dl.'\:L1i~: th;d U:l: iilIUIJli,dluíl p¡uvided ill this ;¡pplicltiulI is tlue amlculrect I.\i l1h: I '.. ",) Jl1y' J..:!dv,·'h:dgl~. lurtÌ!cf) I ~lckJid',;~I~j~~t: that devl..:lopIl1(;nt ()fthè' proposal In:lY not Ù(\.:LL. lJ,;¡;j a¡JjJíu.:;[ Íla:-, l.,c.:lI ~~,Jtl!lL',.t by Jcu'..:r:,...¡J¡ County. /,) /) / / "t' f ,/ I/.".......,L· / JV:!/;}-/l v v L.. ,,-._ . . (;q)jd:.. ,Ill! (,I ;ll:lill' !.-cd I / c/--__ /;1 r--__ ....-:/ (/ ?-- i -'<~/~......' ( v' ",~"'¡./? // l ".,_. ·~.·h·__ ...._~__._ ,...__,,_~..__>..___.__.,___._ ......u..._ :z,- ,) " .. ", ...-,·1'...... ',,- -~:.~..--.~_.,. 'J ¡J ''':.:,,--" d :t I 'v' 1.." ) {ddll i ~ I':'i) ./ Ii" . I·:...., :11.~'..{ 1\'1 :-;jk' 1 )\":\'cl\.puicu( ;.ld.i1d.J.Jd V..u ¡,U1...:.....' 1 \I.:.~~ ,", ,..- /- ,.- '" "..,/"" I ~: x i-J I B J *J.____, _ I' I ,(, &-- ( .. / ! (, : I iI\..t-\ . .'. '\ //,-.~. *;.~.... .,.- ::.1/'1 ....... (,,::, / í. ' -'" ....1 ¡ ,/ '. I,,'V) ...-'. / ',~ ,... ..~\ -- ;' 'I,.. 'J' '. ".,' /.,\ I.) / , \' i ", \.) . , ì / . . ....,<~)C).... , . ij / I'. ,,' .. '- ) / () /. j '" Ii'; /./I.J}:,' "~' / < ~ ~'::--sJ II) / 't'. ...J _.., \,)'.,:, 't .I' / ..', I.',) ,i,j, /Ì. ¡ 'v~., 1 (\ I_"~~ " "r""1..........J "/" '/.~ ¡- ",' I \..\. '- '<, ;¡:' "'. -,' OJ (} ~ ~~ -.. ~I::r<,; /,", /';'>J .' (~"'O" ';" / , ././. ;',j , (f>, " ...., \ \Y'" .J~'" ;! "" v ,. , ',' "', \ , '! ¡ii I,,\, ~/ /. :<,'/ :. o. .,..:/) G:;;'(,/ \ ~':;\." \<l".(.I ~ .\. 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'::\.;:'\ ,:'\' ..;, // '__", ~I'~~-- ·f''':'/.. 1.:::/;\' d': ~~:-.- \;',:,:,",··....u </c--.~.~, '., :,." :r'ir;'~;r l::'I'··'..~··:·,,/ ,··..\~'.'!Ic.:.__..+ /., /;r'" (' ': ¡¡,., :r,~, ,:!;" ,~, ê'I'J:- _ ,.,_" I,.. __ " ' , '!i.' ,tl ¡ 1"./ !?- ê:. ¡"c, ":1'.- _ -J,; ( ,'. ~ ~ .:'~" " "., ,'"'- """ "''><''l,': _.,... .~. ,,~ rt"~'h~·"", '. co, _. ""'" . __" i.~;, t;-. ;;://! .~, /.... l'::-·':l.i-~'r L,,¡ 4 'I' ~ c.. --'"'= ',' " '., ,,-- " , ,,' ...¡ '.....'. I / "'J.". . '0. " r, \ \ . . ",. ." " .'.. .". \, -.., '" -- -- ., ,,:. /'¿;¿;{:~~<~t.:{~·.j r\~) (/ ~ \ \' / " ';:</.' /:~ . ~~ ':~'. ;..:f. ¿':~';'. '? ~~, '. í ~.I/. > ,'\ ~ ... ,I. /; ¡oil \. \ \ \\\ .. .....fce'!:}¡..- ~!f~.i'>;', > ')' ", \ V·~ \ i :;1 ~¡y 1>'-<q),> /:;,-i:)". .. (, \~~/ç...; ~\::J_ \ \ \ . _~ J /~ '1;,;",)' ,/".., ":: ' , ,'" < '.' ,,'\ V"" ::' \, ¡'."'r;i:iÿ ", '1-'(::: ',/\ "- 'I,' \ Ii r;~ <~ ,,:;: :"., '., J~l, :,~. ';, ,'~'.' ;::~:' r(" .~;. .'. :'\<\\'. ''. r ~\~ .,' "\~" .~, I··'\\<':~)',----:'.\,..:..._, \', '.\ '"\-1· ", 'I" /\ .\ 1- (\ \" . " ,r ;>"'-':,.' 'í> "r\,~ ,,\_ ,'.... , , ~ I", :-L~~ ~:::'=--\~"'----\t---- ì II Ai [~I_: I:;l fii :,;¡ · '"I ",."", ./ .. " . '" .., ,.. , ,'.1'" . f ,'. I ",,{ ,. ,/ " .I C :1 ~ .,' ~ "1\ ,"'U I [J, t.. .¡"(),.. '-li,/- /'" "~'i ,.. 'If'1, " "-I..~, ~~) (,:.1~ - . ;:,.,_' . i fl'j'''' "n. ":l (~:l Jl' \~~'.' '';) , "'X'\;~2~~:~0' \ M: 'J · -, :.--t çJ ':'~n..\' 1\('):, ._:: c'. ._ ,-) 199'::J· August 2¿., C'. 'l. 'I rlhl.:( ,.. I ,)) I, >"..1 '_,'" I "I (J ~) /1 1\ 1-) I) I ': I, ) Vl~ ,) I .. ~=[~r:<TIF- [D (J r¡ cJ ,J '')~) ì:.._ [>:l_c·'.c ..... __ 1,_, . (_, III , ::j doy of \. \ -.. . '~\ , \ .. .. \ \\ \ , \. "" "'-" '. \\ \ ¿I) CI/' JfJt___, --- '- -- -. --- --_ LT=J.:L({ .1-2"-_ I 199 :1----- ~.....-I' .., r ! ¡....[) r "I (.J I \I~. . . I I ("" ~., \ .....- . '\ ( -(~'>'~-'-"~I-O~-- '-. ., '11-/") : I· )\.j I f\ . .. I"()/ J ... '.._..\ ~ - 'iir,!-,,,,\'¡<~'~I'!~~~'~ -'~~-- , . r i ; ~ ~ I i i : ~ II /I)·/HIBIT I) Ie "llJ\ ji ') .. // t, \ . --~-,-- ~.:> \\¿; U U ,./ ~iirlr¡J,f:¡ D. t::{. ST!R~NG ConsuJtjng~ngjnee sJuc_ ... .. 1!:..'t1I:J \~~~/ 1UÙÜ'~ tl.L, :JUld JLACL, 0UIIl: 101 . Klnl<LJ\ND, WA 98033 l-'Uoì b.:/·jUU,J . TOLL HŒE (Washington State) ·UUU·~l;::- i'¡O:~ . FAX NUMBER (:!Cc,¡ L:':ì·:!.1:·~::¡ C¡'.; r.t;¡,:;!, :,1.1, ['J'/J j<';t) ViLt"; ,; ) I I :;~Y:,!IU!" I)¡ I",' 1 '\.; i l.tH!L >/0' Î ~, ,ir. \ ().. -¡'/,I I ii, .," !:, I; Thi·, klk:' i~, ;:1 . ,+;u d [u YUt.¡( !'1uJ';.;ny located at Lots 1, 2, :.md 3 uf l1!gk'wood I,:. L.., ~ i;: .;, ;11::1:,011 (' CLtdl y, \\' ,,:-;J¡ílit:',wn and thl.: feasibility work pertl>fIlh:d by D. R. STKU, :, J (. '\J.¡ul:iJig b¡:-!iLl"c:!~, (]);(S) 1 :¡jlpn:cialed the opportunity to l1led ""it£¡ you r;,;c.;¡¡¡ \I,,¡ ,)¡¡'¡,;c:: (¡lid [hi:; k [¡¡;r \',ill,¡¡I\JIIl:uizç \vhat w,; dis<":ussl'd, Dl\..', pi.: 1 ;,"vll1ì..:d :( Ü:,¡:,i¡'iti[j :_tLldy lor this sitt;; in JLlnt: of 1990 for the pl1rpo~.: 01 .L,_' jc.t:.Jl¡¡lity or' .¡l1 oll--si[t';öv,¡g..: disposal system design. The conclusion of that r-:p"1l ¡. l!::lt J ul:: I :lIid :'. ,Ue ;,\,:ccpt:d)1l' ti)r Oll-sile st:wagè disposal and Lot :3 is not aC':\."[1[..1. " dth' l(¡ puu¡",O!1:; :¡fid ,Lr.UILcd ::(li!;; dlroughoul the lot. In our ¡eview uf ¡hI.: uUìee liL· ¡,; ll:j '.;; k [,Ullt: lit" the :.>()j¡ 10E,;; duo;.; ull Lot 3 wen.; found alld as we d¡scLls:;ed I will vi:,¡ l 1I ,', :..¡[e .¡1kr yuu h:t',',,; crc,¡kd SOlll..: )1I.:W soil log holes in this area to contirm our 1indìn~:'; ¡;i !ill;. In addilion jUll will h.,v,,: YL)Ur planner send a copy of the site map with apprOpil.;t,' :...::I>acks as have bel.:n resL'arch(~d, At this point I will put this information togetlkr :,,"..1 Jini-,;¡ ...illr urig:¡¡;d D:a:,íL¡iJity study and summarize the available drainfidd areas. II \V,; apprt:ciak [he oppurtunity to <..:ontinue to be of service to you in your enginc"'J ¡":' u;.;uls :í!ld if you /iced ¡ìJllhcr in¡'ormation or have q uesÚons please contact our otli CèS ."\llkl;jl"iy, . .n , (u ! ('l ( I... r :_. ' .:'" J. ( I' ,. l.J.¡',/id JeltSen 1', L Principal Enginèd Li 1;. J /(j rj T:\JVfJI)OJ 7.1' iJ- i/'i:'-, /.... /<;=ïrtj,..:1;/ D.lr"L STh"10NG Consulting Engine:"r" J,.. "", L4..JjJL!I::."'.!) 101.10.1 tU. :.,¡" Iii I'U\CL. ~.;lJlTL 101 . KIHKU...ND, VJA 9!Jü:n {.l,'.¡ u '/-:,(;1':; . lOLL FBEE (W~I:,l\lnutün :"~¡dtC) ·¡,u,):II,:.'· ¡·W:: . FJ\X NUME!EH (~'Ul'l ;J::I-:~·::.'3 '1\).1.'3 1 Alii Ii :;. l'in ICI/ Vwe:. ~U 1 1\ay:.111)1 \: I) i vc 1'\11 t Ludl.)\\, W A ()b3ö:; 1.k ;¡f Iv1 r Vi!H.:s: Th¡~; ).:ttd i\ in f\:~~¡:1d 10 Luts ), 1, ¡¡nd 3 of Malwood Terrace in the Port C(¡unty, W..shington ami tllC.~ J\:¡¡sibiJity or on-site sewage disposal system:;. wii! :;ull1!1¡;¡rize OLlr li¡¡dings f~)r thc:s¡; lots. Hadluck ".re;¡ ul .kL-:l :;UII "r'} . 11 . ! lC to O\.V111~! jj~,.: ,~~.~Lqi 1\ If Lu! 1 h:!l! :'l:',/-..;rai Slli! lot' ,,¡Is dug :dol1Y, the northern portion of thL' lot All of th~::,L: 11. ,¡" "i,.)\\v, aL'Ll·pt;t!I!.: ~.ui!:; (nlo:dillllJ ;"uld) tu ¡~re:\lL:r than '13 inches in dl'pth \\hich is a.kqu;¡k lid " .t".:\!!) dl.lìitJ;,:U.y-.lo:lll Nu O\.tiel Ldde:; WÜl: L:1iL:UUIlkl\.:d i¡¡thl's\,: holL-s. U,[ :2 l¡ad severa] soil log ¡i¡IS dug along the nOl1hern portion of the 10L The soils werè ;'':''':\.1)[..(,)-'; ¡ll varying (i.:ptbs with shallo\\,:r soils cJ03Cf to Lot 3. A water t'lblt: was encountered in:)!ìc ,)J' ¡he Ì1uL::, lIè,.r ¡h(: Lot 2/Lot J bülJèr .11 :ì I jnchL'~. 'I'h.; soils were slightly finer (fine 10 medium :)~1fJd) ¡i',I]! tho:...: i(nmd 011 Lut I, 1ÎI(;5;,; s,)il conditions \vere acceptable in p!ac(;s for a gravity syst,:m lilJl,._·I"; ;111 ê1cceptablt: fur a pressure disli ibution sy:;r.em, L(lt 3 !l;IÙ unacceptable soil:-; Jür oil·sitc sèwage disposal. \Vakr tabks W(;rL~ eIlcounkred ;¡[ k·. ¡iLI:1 12 j¡¡¡..:iII'S ur ocpth. Thl: soil typ'-' w¡¡~) 11 heavily mottled and cOlllpackd sand to day, TIIL'I,' \..., '".I!lll· jlldl...:aIJ()/I'. or~.(:ptic JI.t¡JlIÎdd ~JJJlll:I¡[ ('.llldl and lush plant ¡.'.lOwth) olllhe Lot 3/1.ot ·1 b'II,L I /"";;./,, jndICtl!!I'!', ¡t hiling dr;1I111idd till Lot ,j LUb ¡ and 2 arc ~cccplabk lur an on-sill; st.:\vagc di~posal sysll.:m. Lot 3 is not acceplabk k'l .u¡ '¡¡¡'o.!ll: sewage d¡s¡Josa] system. 1111: northo:rn arètt of both Lots} and 2 has adequate soil type and lkplL 1;)1 UfI- sill: seY,'ilg..: disposal for re::;iuèntial or o!lice wastè. As we discu~sèd on site and the pLui. ,Ll y,lu provitkd I~)r development of ¡he site a small o/lice with associated pi!rking areas would i~i ;,':¡(¡" tlIe southern portions of Lots 1 and 2 with the drainiìdd in the northern portion of tht.:se lots, If Ill;,: oJl¡,-~, i~ smaIl {;r¡ough in wask\vatt.:r flow gt.:neration there is likely enough room in the availabh: dr ; i:¡¡ dd ;¡r ea l()f a n:sidL.'!1lial draintield to SL.'IVe a two to three bt~droom how;,..: to be locakd on Lot 3. Dul' to the cO/Jliguratioll of the lots and acce~;síbi!ity it seems logical fì'om a e)I1-site Sev,;¡:',-, dl :.pu:;;t! :)y~,telIl d\.:sigll point of V¡¡;W 1O locate the o1licc along the southern pOI1ions or Lots 1 and :2 "jlll the majc..>rÎty or tht.: building OIl Lot} and parking on Lot 2. The drainfidd would then fìt in th~ "1<:::1''' of the r- ".. JUb ul¡J¡!.ilì;; ¡hI: ¡1'/ai!:¡[;!e ¿¡rCd mü;l dìicir..:ntly. By allO\ving the combination of Lots 1 ¡.r.d ::. ¡~)f (he CüíllJlh;I,'¡;¡J poniún l¡f th...: pr"jC(:L and an C..lscm.:nl for Lot 3'5 on-sit&; syskm OntO Lot :2 tJVU' H¡! ...,l1jCe ¡¡¡d :¡ It,),;;" cowl! !;...: c,m:jiri..Ì<..¡\:d Ì1' Lüt :2 is combined with Lot 3 l1W[ç \\lould nor be CfhilJ:'li .."..!, üll t.Ll J 1ul '. [llIi,"; \',;lll II:..; ¡.; iU;¡":;! i,,¡di¡¡g and the end f-.:sult would b...: 0111.' residelh:;; (LA ,i' ,'d lÍ¡,; IJd \;-: j,.l': ' 'J¡i:. Il' HoI, ,;, tI"",: iUI 111\' UiI :,ill: :,C\','dt:C dl:,PO:,;¡! :>YSI..:III k;¡sibility, No 11.::.C;ll...:11 W¡I:; dUll>.: ,,¡, . "I;dL' 1>1 :.,'11;.\,:1.:, ('li\l'i liU¡ tin!:,.' dill II)' 1\:1..11(1)', lu oll·~;itc S¡;v·¡age dispos;¡llUks and Icgublion:;, \'1,.: ~lr¡. ¡,!,.:;s"j t" b,; u!':,(,"n;c:.... (0 YUll I your clIg¡neerillg Ih:t:ds. IfyoLl k1\1\.: question::; ui J..".: ¡;,LlI¡,': Intor¡li~¡¡ll.Jd I,k.ò~ c"n::lct 0,,[: ulncc:;, SinC\:ft.:!v, r' / ' /~) , , ..-, .... ." " , - I' ¡"f"-' ,.;./J ~'.... c....) .,vi- .' '.~' .- .," -' f ,-'r:- , ¡ -' J' 1" D,¡"id JeIL'¡, 1',L h IlIc,:i p.d .¡; DJU/dj 1'. ./:'1) .} .'._ ... ~ .j\,c'" ~ ...~t·¡;:E~:!;¡Di_:lWlÜ,.-¡~t~· itJ~.I~"·~' ~ - I:)CHIBIY ............'- ", :>f~TB/1G-::' -_. (.1 c' .. J- <.u ,..l "- -- - ~. ~ '" -::: ~ " ;.J /J.' 'I" -80 I I I P tOL? _--;: 00 ±::::= ::::::1 ==:='-'::':::':':==4 Thursday, June 26, 1997 Jerry Smith Jefferson County Permit Center 621 Sheridan Street Port Townsend, W A 98368 Re: Setback Variance Application Lot 1, Melwood Terrace, Case # ZON97-0018 Dear Jerry: This is in response to your June 5, 1997 letter regarding additional information to be provided for Mr. Vines Setback Variance Application: 1. The proposed setback variance would allow for a zero (0) lotline setback along the lotline with adjacent Lot 2. The purpose of this variance is to allow the proposed building to be more appropriately sited (please refer to Attachments A and B). 2. Page 4 of the previously submitted Variance Application refers to the natural topography adding to the separation of uses. The natural topography of the site is shown on the Exhibit B of the Application. I am sure, you will agree that the natural "bench" configuration of the existing site topography in conjunction with the proposed buffer q:>ntained within undeveloped Lot 2 would provide for a division between future Commercial development and the existing resldence on Lot 4. 3. As you know, the setbacks required for the project are thirty-five (35) feet along Oak Bay Road (a major arterial), twenty-five (25) feet along local collector Kivley Drive and 25 feet along the common boundary line with Lot 2. As shown on Attachment A, the configuration of the resulting buildable area is triangular due to the irregular shape of the subject lot The triangular configuration of the buildable area makes it difficult to locate the footprint of a rectangular building within the limits of the existing building envelope. Attachment A demonstrates that a rectangular building of a maximum of 2,000 square feet in ground floor area can be located within the existing building envelope. The sketch also demonstrates the only possible siting for the structure within the existing building envelope. The resulting site pIan rises a number of concerns: · The placement of the building in a manner shown makes access and on-site circulation problematic; . · The placement of the building in the middle of the site prevents the efficient use of the limited soils available for on-site sewage treatment within the lot; · The placement of the building in the middle of the site would create a difficult configuration for parking; · The nearly square dimensions of the building will result in an irregular floor pIan and consequently an undesirable orientation to natural light; MADRONA PLANNING & DEVElOPMENT SERVICES. INC · 1256 LAWRENCE STREET. PORTTOWNSEND. WA 98368 . PHONE 3603798151 . fAX 360 379 0131 l · The irregular placement of the building in relation to the existing public streets will conflict with the surrounding buildings and the integrity of the overall street.scape; and · The building will have almost no exposure to the main traffic route and will put a burden on the commercial vÜl.bility of the structure. The above listed concerns make the commercial development of the Lot 1 implausible. Should the variance be granted, however, the proposed building can be sited as shown on Attachment B. This sketch demonstrates a building of an equivalent ground floor area (2,000 square feet) located further from Oak Bay Road and fronting primarily along the street. The following reasons support the alternative site plan: · The area abutting Oak Bay Road has the most suitable soils and favorable natural topography for on-site sewage treatment and will be reserved for the future septic system; · The alternative site plan creates a possibility for properly designed access points, parking facilities as well as on-site circulation; · The building configuration (length/width ratio) would permit better floor plans and as a result, better environmental conditions within the building; · The nature of a commercial building as well as good planning practice require the main facade of the structure to be established parallel to the adjacent road and fronting primarily alone the main traffic route; and · The alternative building location would contributes to the existing and future street.scape of the Port Hadlock commercial district and therefore would be in the public interest;. Therefore, the alternative placement of the proposed building as shown on Attachment B appear to be a reasonable way to appropriately accommodate the development o~ ~e subject property. 5. As noted in the Variance Application, the owner of the subject property currently owns Lots 2 and 3 of the same subdivision which are zoned for residential use and therefore are required to be separated by a twenty five (25) foot bùffer zone from the future commercial use of Lot 1. Therefore, having proprietorship of both the subject property and the adjacent property to be potentially adversely affected, the owner accepts any adverse impacts of the waived rear setback Moreover, since Lot 2 is the only property adjacent to the subject lot, it would be the only property affected The,removal of the setback requirement will not harm surrounding properties. In addition, please fmd attached the complete list of adjacent property owners prepared by the Jefferson Title Company. Please do not hesitate to call me directly at (360) 379-8151 if you have any questions. Sincerely, ¡VW¡'u--c rOtYl(~Ç-tt¿J Marina Tarussov, Associate Planner ~ \ - ~ \ ~ '\ ,---,----,-----\' r' ,---,---'----' - ~ \ It' :\ ' ~ -) ð \- , _--------1' "" \ '1------- --- I -' I l' / ~I \' i ,~/I' /,1' ~ f - _ f ,-.., I' " ~ f ~i \ f ~ I' I ~ -~~ , \ \ II \ /. \ I '{/ \ \ \ I' \, /" ,--,~' I' / / .. ~ ~ \ ~ \ ... <:::I " ~ ~ - \ ~ -', ~ , ..... ~ , ~ , ~ ... ~ \; .=~-: :,~ ~ c~:-\" .. ...........:. ,,-' V /'~'~' /. \. j' \ .j' \ ./, ~r~ 75 / ~. "7VL'Mf- ~,~ ~ '-:t\ - ~ ~ \J\ ~ '^ ~ '> ~ T" ,;1 I' I' ~w ~ j / /ó# , I / ./ /'/ / / /' . '1\ / ( '" .J..---- --:" - - - - ~ ~, _______ _ - 'f\ ~ . ~ ~ \ ~- .---..------.--. .~.--.--.--. . \ ~ \ t: . \ \ \ m - i~ ?= ~- :D - ~ CJ) :z: ~ o ...... .' Z .......- - ' 'n m ,g ë1S c: z ~ c:= ~ ¡¡:: L '-----' + ···u_· ~ .. ,,- ill Œ®Œ~WŒ ill JUN 2 6 1997 . JEFFERSON COUNTY . Ú PERMIT CENTER ·.C" ~ LOG ITEM Thursday, June 26, 1997 Jerry Smith Jefferson County Permit Center 621 Sheridan Street Port Townsend, W A 98368 Re: Setback Variance Application Lot 1, Melwood Terrace, Case # ZON97-0018 Dear Jerry: This is in response to your June 5, 1997 letter regarding additional information to be provided for Mr. Vines Setback Variance Application: 1. The proposed setback variance would allow for a zero (0) lotline setback along the lotline with adjacent Lot 2. The purpose of this variance is to allow the proposed building to be more appropriately sited (please refer to Attachments A and B). 2. Page 4 of the previously submitted Variance Application refers to the natural topography adding to the separation of uses. The natural topography of the site is shown on the Exhibit B of the Application. I am sure, you will agree that the natural "bench" configuration of the existing site topography in conjunction with the proposed buffer contain~ within undeveloped Lot ~ ~ould provide for a division between future commercIal development and the eXIsting resIdence on Lot 4. 3. As you know, the setbacks required for the project are thirty-five (35) feet along Oak Bay Road (a major arterial), twenty-five (25) feet along local collector Kivley Drive and 25 feet along the common boundary line with Lot 2. As shown on Attachment A, the configuration of the resulting buildable area is triangular due to the irregular shape of the subject lot The triangular configuration of the buildable area makes it difficult to locate the footprint of a rectangular building within the limits of the existing building envelope. Attachment A demonstrates that a rectangular building of a maximum of 2,000 square feet in ground floor area can be located within the existing building envelope. The sketch also demonstrates the . only possible siting for the structure within the existing building envelope. The r ~esulting site plan rises a number of concerns: ! V. The placement of the building in a manner shown makes access and on-site 'v circulation problematic;, · The placement of the building in the middle of the site prevents the efficient use V. of the limited soils available for on-site sewage treatment within the lot; The placement of the building in the middle of the site would create a difficult " configuration for parking; V · The nearly square dimensions of the building will result in an irregular floor " plan and consequently an undesirable orientation to natura1light; /--- " ., ATTACHMENT ß MADRONA PLANNING & DEVElOPMENT SERVICES. INC · 1256 LAWRENCE STREET. PORTTOWNSEND. WA 98368 . PHONE 360 379 8151 . FAX 360 379 0131 · traffic route and will put cture;' , The above Ii eel concerns make the commercial development of the Lot 1 implausible. Should the variance be granted, however, the proposed building can be sited as shown on Attachment B. This sketch demonstrates a building of an equivalent ground floor area (2,000 square feet) located further from Oak Bay Road and fronting primarily along the street. The following reasons support the alternative site plan: · TÌie area abutting Oak Bay Road has the most suitable soils and favorable natural topography for on-site sewage treatment and will be reserved for the future septic system; · The alternative site plan creates a possibility for properly designed access points, parking facilities as well as on-site circulation; · The building configuration (length/width ratio) would permit better floor plans and as a result, better environmental conditions within the building; · The nature of a commercial building as well as good planning practice require the main facade of the structure to be established parallel to the adjacent road and fronting primarily alone: the main traffic route; and · The alternative building location would contributes to the existing and future streetscape of the Port Hadlock commercial district and therefore would be in the public interest;. Therefore, the alternative placement of the proposed building as shown on Attachment B appear to be a reasonable way to appropriately accommodate the development ofth.e subject property. ' 5. As noted in the Variance Application, the owner of the subject property currently owns Lots 2 and 3 of the same subdivision which are zoned for residential use and therefore are required to be separated by a twenty five (25) foot buffer zone from the future commercial use of Lot 1. Therefore, having proprietorship of both the subject property and the adjacent property to be potentially adversely affected, the owner accepts any adverse impacts of the waived rear setback. Moreover, since Lot 2 is the only property adjacent to the subject lot, it would be the only property affecte~ The ,removal of the setback requirement will not harm surrounding properties. In addition, please find attached the complete list of adjacent property owners prepared by the Jefferson Title Company. Please do not hesitate to call me directly at (360) 379-8151 if you have any questions. Sincere1 y, /?Ú;W/ .~ Marina Tarussov, Associate Planner r--r- ' I / QU/l{ ~ ç~