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HomeMy WebLinkAboutMLA20-00074 holshouserCE`$ON y ra Rs�114 ®JE FFERSON COUNTY 62:1 Sheridan Street Fort Townsend, WA 98368 OFFICE OF THE HEARING EXAMINER FILE NO.: APPLICANTS: PROJECT PLANNER: SUMMARY OF REQUEST: JEFFERSON COUNTY REPORT AND DECISION MLA20-00074/SDP20-00008 SHORELINE VARIANCE Steven and Cynthia Holshouser 10910-48th Street Court East Edgewood, WA 98372 Donna Frostholm ' C E0VR ! ? ; MAR 2 9 202f !i Shoreline variance to allow construction of a new residential home and a detached garage within the 150 foot wide, shoreline buffer. This parcel abuts Oak Bay, is legally described as Oak Bay Waterfront Tracts Lots 26 and 27, and is located at 170 Noah Bay Way, Port Ludlow. SUMMARY OF DECISION: Request granted, subject to conditions - PUBLIC HEARING: After reviewing the .! .fferson County Department of Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on March 9, 2021, at 2:00 p.m. 1X Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: SEE ATTACHED INDEX LIST The Minutes of the Public 'nearing set forth below are not the official record and are provided for the convenience of the parties. The official record is the recording of the hearing that can be transcribed for purposes of appeal. DONNA FROSTHOLM appeared, presented the Department of Community Development Staff Report, and testified that the Shoreline Master Program requires a 150 foot wide buffer from the ordinary high watermark. However, a previous owner built a house within said area prior to adoption of the new code. She met with the applicants on the site in November, 2019, and they considered an administrative buffer reduction, but it was not possible. A previously installed septic system and drainfield interfere with potential locations of the home. The applicants attended a preapplication meeting whereat DOE did not disapprove of the variance request. The request is exempt from SEPA review, but since it is a Type III application, public notice was provided. She received one comment letter from a neighbor who had concerns about building issues that will be addressed during the building permit stage. The County provided a notice of the public hearing on February 22, 2021, and she has received no comments in response. The SMP incorporates the County critical areas regulations by reference. The applicants provided a biological and geotechnical report that showed the project meets the no net loss policy requirement. She then reviewed the requirements for residential development, the shoreline variance crit-.ria, and the substantial development permit criteria. The variance request meets the criteria due to the existing condition of the site and the fact that other homes are located with the same setback. The property was previously used for residential development near the proposed location for the new home. The home will extend no closer to the water than homes on adjacent properties. Staff finds that the request meets all variance criteria, and she had no comments from DOE indicating an issue with the variance. STEVEN HOLSHOUSER, applicant, appeared and testified that their proposed home is definitely not in front of neighboring homes. It will actually be behind the homes. They have already installed a well and septic drainfield, and development will not require cutting of any old growth trees. The applicants then reviewed proposed conditions of approval, and after consultation with Ms. Frostholm, testified that they had no questions or concerns. No one spoke further in this matter and the Examiner took the matter u:,nder advisement. The hearing was concluded. NOTE: A complete record of this hearing is available in the office of Jefferson County Department of Community Development. 2X FINDINGS, CONCLUSIONS, AND DECISION: FINDINGS: The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. State Environmental Policy Act (SEPA) Review: Jefferson Courr►y determined the proposal is categorically exempt from SEPA review pursuant to WAC 197-11- 800(1)(b)(i). 3. Notice of Application: The application was noticed on Thursday, December 10, 2020: • Publich:=:d in the Peninsula Daily News on December 10, 2020; • Posted on the property on December 10, 2020; • Sent to agencies and tribes on December 10, 2020; and • Sent to all property owners within 300 feet on December 9, 2020. Notice of Public Hearing: The public hearing was noticed on February 22 2021: ■ Published in the Peninsula Daily News on February 22, 2021; • Posted on the property on February 18, 2021; and • Sent to all property owners within 300 feet on February 19, 2021. 4. The applicants, Cynthia and Steven Holshouser, have a possessory ownership interest in a rectangular, 1.09 acre parcel of property located at 170 North Bay Way in the Port Ludlow area of unincorporated Jefferson County. The parcel extends from the ordinary high watermark of Oak Bay to the North Bay Way right-of-way. The applicants request a shoreline variance to allow construction of a single-family residential dwelling 70 feet from the ordinary high watermark of Oak Bay at its closest point. The project also includes an attached garage located landward of the home. An approved, onsite septic system to include primary and reserve drainfield areas and an approved drinking water well presently serve the parcel. 5. The topography of the parcel slopes downward from Bay Way to Oak Bay and includes a 25 foot high, vertical bluff adjacent to the shoreline. The parcel previously supported a single-family residential home approximately 70 feet from the ordinary high watermark, but the applicants do not have nonconforming use rights. 6. The Jefferson County Shoreline Master Program (SMP) is set forth in Chapter 18.25 of the Jefferson County Code (JCC). Pursuant to Chapter 18.22 JCC the project is subject to the Jefferson County Critical Area Regulations. For structures, the SMP requires a 150 foot wide buffer from the ordinary high watermark. The applicants 3X request a shoreline variance to reduce the required buffer width to 70 feet. Such would allow construction of the new single-family dwelling in the same location as the previous residence. 7. According to the Mitigation and Habitat Management Plan (MHMP) prepared by Westech Company, a qualified expert, the parcel measures 121 feet in width and 414 feet in length and previously supported a 600 square foot residence, greenhouse, and several small sheds in the location of the proposed residence. All structures with the exception of one, small shed were removed from the site subsequent to 2013. An onsite septic drainfield consisting of three glendon units and a reserve drainfield area were recently approved, and the applicants have applied for a permit to install a new septic tank adjacent to the proposed new residence. 8. The shoreline is classified as a "Fish and Wildlife Habitat Conservation Area" that requires a 150 foot wide buffer from the ordinary high water Oark ar,d a ten foot wide building setback therefrom. The applicants propose to construct a new, single- family residential dwelling with a footprint of approximately 1,800 square feet. The structure will have the same setback as the previous dwelling, but the footprint will expand to the side and rear to accommodate the larger structure. The detached, 600 square foot garage and the septic tank will also be constructed within the buffer but farther from the -;"oreline. The home will align with homes on parcels to the north and sc:;h and will not extend closer to the shoreline. 9. According to the MHMP, the parcel is located within the Conservancy Shoreline designation of the SMP that includes "low density residential and recreational uses" as permitted activities therein. Construction of the previous improvements (now removed) required removal of trees and understory and replacement with a lawn area that now supports both native and invasive species. Locating the structures in previously disturbed areas will preserve the thickly forested, western, upland area of the site. The applicants will also revegetate four portions of the site with native plant species as set forth in the planting plan of the MHMP. According to the site plan three planting areas are shown waterward of the single-family dwelling, and one planting area is shown between the dwelling and the septic drainfield. 10. Staff has evaluated applicable policies for residential development as set forth in JCC 18.25.500 on pages 4 and 5 of the Staff Report. The Examiner has reviewed staff's analysis, agrees therewith, and incorporates said analysis herein as his own as if set forth in full. 11. Prior to obtaining a shoreline variance the applicants must show that the request satisfies the criteria set for 'n in JCC 18.25.580. The Examiner has reviewed all such criteria and staff's analysis thereof as set forth on pages 5-9 of the Staff Report, agrees therewith, and hereby incorporates said analysis herein as his own as if set forth in full. 4X 12. Concerns were raised regarding the location of the well on the property and whether it maintains the required distance from the septic drainfield. The Jefferson County Environmental Health Department will ensure during its revi-w of the building permit application that all health requirements are met to include the location and distance of the well from the septic system. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this reque,;,. 2. The applicants have shown that the request for a shoreline variance satisfies all criteria set forth in JCC 18.25.500 and therefore should be approved subject to the following conditions: This proposal requires final permitting approval from Washington Department of Ecology (Ecology). Construction shall not begin until Ecology has sent written authorization to proceed. 2. The applicants shall apply for and obtain a building permit prior to beginning any work approved under this shoreline permit. The site plan submitted at the time of building application shall be consistent with the approved site plan for the shoreline permit. 3. Substantial progress towards completion of the project shall be performed within two years of the issuance of the permit. 4. Work within the iurisdiction of the Shoreline Master Program other than as approved for this shoreline permit shall receive separate review by DCD. 5. The applicants shall implement the mitigation proposal in the approved the Mitigation and Habitat Management Plan (submitted June 23, 2020), except that (1) the 12 bracken fern (Pteridium aquilinum) plants proposed for Planting Area B shall be replaced with 12 sword fern (Polystichum munitum) plants for a total of 24 sword fern plants being installed in Planting Area B and (2) the performance standard for removal of non-native, invasive species is 10 percent cover for all five monitoring years. & A final building inspection shall not be conducted until the mitigation proposal has been implemented and a DCD planner has reviewed the mitigation area for compliance with the approved biological report and permit conditions. 5X 7. Any plant substitutions shall be approved by DCD prior to plant installation. Non-r)a'ive species and landscaping varieties shall not be considered appropriate substitutions. 8. The applicants shall adhere to all recommendations in the Geotechnica/ Site Assessment Update report (dated May 3, 2020). The building application shall be consistent with all recommendations. 9. The applicant shall comply with the 2019 Ecology Stormwater Management Manual for Western Washington and shall be consistent with the stormwater management proposed as part of the shoreline application. 10. The project shall adhere Best Management Practices (BMPs) to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during'construction, and in the design and operation of stormwater and drainage control systems. 11. No fill or other materials may be placed in the waters or intertidal areas of Jefferson County. 12. Annual rnonito.Ing rernorts shall be submitted to DCD by October 31 of each monitbring year and for five years after construction is complete. The final monitoring report shall clearly state if the performance standards have been met. A contingency plan shall be required if the performance standards are not met. DECISION: The request for a shoreline variance to allow construction of a single-family residential dwelling and attached garage a minimum of 70 linear feet from the ordinary watermark of Oak Bay at a site located at 170 North Bay Way, Port Ludlow, is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 24th day of March, 2021. S PHEN K. CAUSSE X, JR. Hearing Examiner 6X