HomeMy WebLinkAboutMLA21-00080 Final Marrowstone Inn Staff ReportJEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street | Port Townsend, WA 98368 360-379-4450 | email:
dcd@co.jefferson.wa.us
http://www.co.jefferson.wa.us/260/Community-Development
DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT
TO THE JEFFERSON COUNTY HEARING EXAMINER
Re: Type II I Shoreline Variance ) FINDINGS,
Type II I Conditional Use Permit with ) CONCLUSIONS, AND
Major Variance from use standards ) RECOMMENDATIONS
)
File No.: MLA21-00080 (SDP21-000012 & ZON2021-00049) )
)
Applicant: Extend Yourself LLC – Andrew Nordstrom )
SUMMARY APPLICATION AND RECOMMENDATION
Date of Application: The application was received on August 12, 2021, and was found substantially
complete on August 23, 2021.
Proposal: ZON2021-00049: Extend Yourself Limited Liability Company (LLC) proposes renovations
and improvements to an existing SMALL -SCALE TOURIST AND RECREATION USE on Oak Bay and
Kilisut Harbor. A C ONDITIONAL USE PERMIT (CUP) with a MAJOR VARIANCE is required to
renovate this use formerly known as Marrowstone Island Beach Cottages. Situated on 8.3 acres, the site
includes a main lodge, ten cabins , a three-bedroom mobile home, sheds, barn, a detached garage and a
boat launch on shorelines and adjacent upland areas. Extend Yourself LLC proposes to renovate and
impro ve the existing structures. The proposal includes : (1) the addition of a commercial kitchen to the
main lodge and (2) the addition of a sauna to the property, (3) an upgrade to the septic system to meet
current Environmental Public Health (EPH) standards for commercial kitchen operations, (4) reduc ing the
impervious areas of informal paths, (5) upgrades to ten cabins, (6) new gravel parking, (7) the
replacement within the same footprint of a three- bedr oom mobile home with three new one-bedroom
stick built structures, (8) reestablishment of a dense native landscape along the shoreline buffer, (9)
protect ion and offsetting of wetland and shoreline impacts to improve their functions and values, and (10)
the addition of two yurts for "glamping" - a form of camping involving accommodation and facilities
more luxurious than those associated with traditional camping. Operated as fishing cabins as of 1937 and
later a beach resort, this small-scale use is considered legal nonconforming (“grandfathered”) pursuant to
JCC 18.20.260 because it predates regulations requiring a minimum of ten acres, as set forth in JCC
18.20.350 (9)(a), and the requirement for buildings not to exceed 6,000 SF, as outlined in JCC 18.20.350
(1)(q).
SDP2021-00012: SHORELINE VARIANCE WITH SHORELINE SUBSTANTIAL DEVELOPMENT
PERMIT to remodel and renovate existing non-conforming cabins. The renovations include lateral and
landward development within the shoreline jurisdiction. A small portion of waterward development
includes supplying existing non-conforming cabins 1-4 with the required septic transport lines. Once
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installed, the applicant will plant a native grass seed mix to bring the area back to pre-disturbance
conditions. There are two wetlands on-site, a category I marine wetland and a category IV wetland, with a
300-foot and 40-foot buffer, respectively. The applicants are requesting an administrative buffer reduction
of 25% per JCC 18.22.730 (9), making the wetland buffer 225 feet, rather than 300 feet. The entryway to
cabin 3 will be relocated to the eastern side of the cabin, a landward expansion that is parallel to the
shoreline of Oak Bay. The previous owner’s unpermitted expansion of a restroom in cabin 5 is proposed
to remain and be permitted through this shoreline permit as a landward expansion to the shoreline of
Kilisut Harbor and is envisioned as restroom facilities for the guests utilizing this cabin. Additionally, the
applicant proposes to move the staircase on the lodge from the south side of the lodge to the west side of
the lodge. The new stair location falls outside of the 150 ft shoreline buffer, but is within the 225 ft
reduced wetland A buffer. The relocation of this staircase is important for the required ADA accessible
bathroom location and accessible entrance. Associated road access improvements and portions of the
septic lines are proposed waterward of cabins 1-4. The septic system has been designed to min imize land
disturbance in association with the onsite contours and conditions. The proposal will bring the property
into compliance with all local and state regulations . The proposal is supported by a Shoreline, Wetland,
Fish and Wildlife Habitat, and FEMA Floodplain assessment prepared by Soundview Consultants
(Assessment).
SITE ADDRESS AND PROJECT LOCATION: Parcel #'s: 921084010 and 921084011; S8 T29 R1E
TAX NO. 10 (N300') and (LESS N300'); 10 Beach Drive, Nordland, WA 98358.
Recommendation:
• Shoreline Variance - Approval with 15 conditions
• Shoreline Substantial Development Permit - Approval with 15 conditions
• Conditional Discretionary Use for Non-conforming Expansion greater that 10% for a s mall -scale
recreation and tourist rural recreational lodging and cabins with an associated rural restaurant –
Approval with 29 conditions
• Approval of the Administrative Buffer Reduction of 25% for Wetland A from 300 feet to 225
feet.
• Major Variance of development standards for Rural Recreational Lodging and Cabins - Approval
with 29 conditions
Project Planner: Shannen Cartmel
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BACKGROUND INFORMATION
Applicant: EXTEND YOURSELF, LLC
ANDREW NORDSTROM
C/O LANE POWELL PC
1420 5TH AVE STE 4200
SEATTLE, WA 98101-2375
Site Conditions: The subject parcels (921084010 and 921084011) total approximately 8.3 acres,
including the estuary and resort road (see log item # 9 – Marrowstone Inn Land Area Calculation
Appendix D for parcel size determination) and front two bodies of water, Oak Bay and the estuary
between Oak Bay and Scow Bay. Presently, the property is an existing legal non-conforming,
grandfathered use as a beach resort, operated since the 1940s. The property consists of ten cabins ranging
in size from 265-1123 SF (7 cabins are one-story and 3 cabins are two-story, a 2,302 SF two story Lodge,
an 850 SF garage, a 605 SF barn, and two small utility buildings (263 SF and 439 SF). The property is
currently served by two private driveways off Beach Drive as well as a gravel road through the property
known as Resort Road which takes the form of a single loop encircling the Lodge building. Parking
spaces are currently located in various spots off of Resort Road and adjacent to cabins, including within
the shoreline buffer. Upland vegetation onsite is dominated by a mix of mowed lawn areas and patches of
trees and shrubs throughout. A larger forested/ shrub patch exists along the western property boundary.
Vegetation within the forested / shrub areas of the site is dominated by Pacific Crabapple (Malus fusca),
Scouler’s Willow (Salix scouleriana), English Hawthorne (Crataegus monogyna), Nootka Rose (Rosa
nutkana), and non-native invasive Himalayan Blackberry (Rubus armeniacus). Understory and
herbaceous vegetation throughout the remainder of the site is dominated by Colonial Bentgrass (Agrostis
capillaris), Tall Fescue (Schedonorus arundinaceus), and Soft Rush (Juncus effusus). The parcel is zoned
as rural residential 1 dwelling unit per 5 acres (RR 1:5).
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Location of parcel indicated by red star.
Sur rounding Area: All surrounding parcels are zoned RR 1:5. The property is surrounded by single-
family residential development. The property is accessed off Beach Drive, which is a County road
indexed as C580609.
Shoreline Designation: The parcels in the proposal include about 5 acres of shoreline jurisdiction area.
Shoreline jurisdiction is defined as those lands extending landward for 200 feet in all directions as
measured on a horizontal plane from and perpendicular to the ordinary high water mark; floodways and
contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas
associated with the streams, lakes and tidal waters which are subject to the provisions of Chapter 173-
22 Washington Administrative Code (WAC), as may be amended; the same to be designated as to
location by the Department of Ecology, as defined by Chapter 90.58 Revised Code of Washington
(RCW). Pursuant to the Shoreline Master Program (“SMP”), the parcel is designated shoreline residential
to the south and south/east and shoreline natural to the southwest and west portions of the property, all
above the ordinary high-water mark. The estuary is designated as a priority aquatic shoreline. The
purpose of the shoreline residential designation states, “The shoreline residential designation
accommodates residential development and accessory structures that are properly located and designed,
in areas where high-density residential developments and services exist or are planned.” Jefferson
County Code (JCC) 18.25.210A(3)(e)(i). The purpose of the natural shoreline designation states, “The
natural designation protects from harm or adverse impact shoreline areas that are intact, have minimally
degraded functions and processes, or are relatively free of human influence.” JCC 18.25.210(c)(i). The
shoreline priority aquatic designation states, “The priority aquatic designation protects to the highest
degree possible and, where feasible, restores waters and their underlying bedlands deemed vital for
salmon and shellfish.” JCC 18.25210(3)(a)(i).
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2016 Ecology Shoreline Photo of Existing Development.
Comprehensive Plan Designation: The Jefferson County Comprehensive Plan (CP) (adopted December
10, 2018) designates the subject parcels RR 1:5.
State Environmental Policy Act (SEPA) Review: A Determination of Non-Significance (DNS) was
issued on March 29, 2022. Parties of record had a right to appeal the decision to the Hearing Examiner
through submission of a written statement to the Jefferson County Department of Community
Development within 14 calendar days after the SEPA threshold determination was issued (JCC
18.40.330). No appeals are on record. “Parties of record” means persons or entities who wish to receive a
copy of the hearing examiner’s decision and notice of upcoming hearings. “Parties of record” includes the
applicant, appellant, petitioner, respondent, their agents and representatives, the county, and persons or
entities who indicate on a sign-up sheet, at a public hearing, that they wish to become a party of record; or
for public hearings specifically advised the examiner’s office by individual written letter or electronic
mail of their desire to become a party of record. Persons who only signed petitions or mechanically
produced form letters may be excluded as parties of record (JCC) 18.10.160.
Procedural Information:
Notice of Application
Application submitted to the Department of Community Development: August 12, 2021
Staff determined the application substantially complete: August 23, 2021
This application is vested under the ordinances in effect on August 23, 2021
Notice of Application mailed to adjacent property owners and agencies: September 8, 2021
Posting of Notices by applicant/representative: September 8, 2021
Publication of Notice of Application: September 8, 2021 (Port Townsend-Jefferson County
Leader)
Notice of Application Comment period was open for 30 calendar days (per JCC 18.40.220)
through October 11, 2021.
The SEPA DNS Determination issued on: March 29, 2022.
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Notice of Hearing mailed to adjacent property owners and agencies: April 4, 2022.
Publication of Notice of Hearing: April 6, 2022.
Posting of Hearing Notice by applicant/representative: April 6, 2022.
End of SEPA Appeal Period: April 12, 2022.
Hearing was rescheduled to April 29, 2022 on: April 7, 2022.
Notice of Hearing rescheduled was mailed to adjacent property owners and agencies: April 12,
2022.
Notice of Hearing Rescheduled was issued on: April 13, 2022.
Hearing was rescheduled to May 26th on: April 14, 2022.
Notice of Hearing rescheduled again was mailed to adjacent property owners and agencies: May
10, 2022.
Notice of Hearing Rescheduled was issued on: May 11, 2022
Date of Public Hearing: May 26, 2022
Comments:
Staff requested review and comments on the application from the following agencies:
Dept. of Ecology
ORCAA
Dept. of Archaeological and Historic
Preservation
Skokomish Tribe
Jamestown S’Klallam Tribe
Port Gamble S’Klallam
Point No Point Tribe
Suquamish Tribe
JC Environmental Health
East Jefferson Fire and Rescue
Port Townsend Leader
Peninsula Daily News
Agency Comments Received:
• Olympic Region Clean Air Agency (ORCAA): On September 14, 2021, Lauren Whybrew,
engineer 1, commented: “I recently reviewed an environmental checklist for the Marrowstone Inn
Project (attached). The project proposes remodeling the main lodge to include a commercial
kitchen for event purposes, remodeling and upgrading all of the existing cabins, the mobile home
and associated garage. Olympic Region Clean Air Agency (ORCAA) has the following
comments for the applicant:
ORCAA regulations require an asbestos survey for all demolition projects. Demolition
projects by definition also include renovations performed to load-bearing structural members
on the current building as part of a remodel. Prior to any demolition project, the following
must be completed:
1. A good faith asbestos survey must be conducted on the structure by a certified
Asbestos Hazardous Emergency Response Act (AHERA) building inspector;
2. If asbestos is found during the survey, an ORCAA Asbestos Removal Notification
must be completed and all asbestos containing material must be properly removed
prior to the demolition; and,
3. If the structure is 120 sq. ft. or greater, an ORCAA Demolition Notification must be
submitted regardless of the results of the asbestos survey. There is a mandatory 14-
day waiting period after ORCAA receives notification, so we recommend the
applicant complete the Demolition Notification promptly after receiving the survey.
*These requirements are specific to ORCAA and are not synonymous with any
city or county permitting jurisdiction requirements.”
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Staff Comment: Jefferson County included conditions of approval number 14 through 16
requiring the applicant to comply with all ORCAA requirements for Asbestos surveys for all
renovations meeting the definition provided by ORCAA above.
• East Jefferson Fire and Rescue (EJFR): On September 20, 2021, Brian Tracer, Assistant Fire
Chief, commented: “No comments other than ensuring all applicable laws, building codes, any
other ordinance or regulation are adhered to including but not limited to all applicable IFC
regulations, addressing and roadway standards.”
Staff Comment: DCD has reviewed the application and will enforce all applicable laws and
standards during the development of this proposal. Conditions number 2, 6, and 7 are added to
expressly address this comment and applicable fire code requirements.
• Washington State Department of Ecology (ECY): On October 11, 2021, ECY provided the
following comments from the different departments within ECY:
o SHORELANDS & ENVIRONMENTAL ASSISTANCE: Rebecca Rothwell,
Wetlands/Shorelands Specialist (360) 407-7273 The OHWM as shown on the site plan
(Appendix E Proposed Expansions) may be waterward of actual ordinary high. In high-
energy marine environments, the OHWM is coincident with the landward limit of
persistent vegetation (WAC 173-22-030(5)(a)(i)). Aerial imagery shows the landward
limit of persistent vegetation landward of the OHWM line as shown on the site plan. I am
available to verify the OHWM onsite, so please let me know if I can be of assistance with
this. Per JCC 18.25.270.4.c: "Buffers shall not extend across lawfully established paved
roads or hardened surfaces to include areas which are functionally isolated from the
shoreline or critical area." Any development proposed within the shoreline buffer in areas
that are not functionally isolated per the above citation will require a shoreline variance.
Based on my review of aeria l imagery, some of the locations shown on the site plan do
not appear to be functionally isolated by paved roads or hardened surfaces. The burden of
proof is on the applicant to demonstrate the location and extent of lawfully established
paved roads or har dened surfaces. All variance criteria in WAC 173-27-170 must be met
in order for a variance to be approved.
o SOLID WASTE MANAGEMENT: Derek Rockett (360) 407-6287 All grading and
filling of land must utilize only clean fill. All other materials may be considered solid
waste and permit approval may be required from the local jurisdictional health
department prior to filling. All removed debris resulting from this project must be
disposed of at an approved site. Contact the local jurisdictional health department for
proper management of these materials.
o WATER QUALITY/WATERSHED RESOURCES UNIT: Jessica Eakens (360) 407-
0246 Erosion control measures must be in place prior to any clearing, grading, or
construction. These control measures must be effective to prevent stormwater runoff from
carrying soil and other pollutants into surface water or storm drains that lead to waters of
the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered
to be pollutants. Any discharge of sedimen t-laden runoff or other pollutants to waters of
the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-
201A, Water Quality Standards for Surface Waters of the State of Washington, and is
subject to enforcement action. Construction Stormwater General Permit: The following
construction activities require coverage under the Construction Stormwater General
Permit: 1. Clearing, grading and/or excavation that results in the disturbance of one or
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more acres and discharges stormwater t o surface waters of the State; and 2. Clearing,
grading and/or excavation on sites smaller than one acre that are part of a larger common
plan of development or sale, if the common plan of development or sale will ultimately
disturb one acre or more and discharge stormwater to surface waters of the State. a) This
includes forest practices (including, but not limited to, class IV conversions) that are part
of a construction activity that will result in the disturbance of one or more acres, and
discharge to surface waters of the State; and 3. Any size construction activity discharging
stormwater to waters of the State that Ecology: a) Determines to be a significant
contributor of pollutants to waters of the State of Washington. b) Reasonably expects to
cause a violation of any water quality standard. If there are known soil/ground water
contaminants present on -site, additional information (including, but not limited to:
temporary erosion and sediment control plans; stormwater pollution prevention plan; list
of known contaminants with concentrations and depths found; a site map depicting the
sample location(s); and additional studies/reports regarding contaminant(s)) will be
required to be submitted. For additional information on contaminated construction sites,
please contact Carol Serdar at Carol.Serdar@ecy.wa.gov, or by phone at (360) 742-9751.
Additionally, sites that discharge to segments of waterbodies listed as impaired by the
State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine
sediment, high pH, or phosphorous, or to waterbodies covered by a TMDL may need to
meet additional sampling and record keeping requirements. See condition S8 of the
Construction Stormwater General Permit for a description of these requirements. To see
if your site discharges to a TMDL or 303(d)-listed waterbody, use Ecology’s Water
Quality Atlas at: https://fortress.wa.gov/ecy/waterqualityatlas/StartPage.aspx. The
applicant may apply online or obtain an application from Ecology's website at:
http://www.ecy.wa.gov/programs/wq/stormwater/construction/ - Application.
Construction site operators must apply for a permit at least 60 days prior to discharging
stormwater from construction activities and must submit it on or before the date of the
first public notice.
Staff Comment: To respond to the comment received about shorelines and OHWM
discrepancy, ECY, Jefferson County DCD, Soundview Consultants (Biologist), and the
applicant’s representatives met onsite to review the OHWM location and determined that
the OHWM was further landward than determined within the report and proposal. The
site visit and comment from ECY resulted in an additional information request sent to the
applicant to revise the “Shoreline, Wetland, Fish and Wildlife Habitat and FEMA
Floodplain Assessment” report. The revised report was received on January 25, 2022, and
preliminarily reviewed by ECY and DCD.
To address the other requirements by ECY, the applicant has been informed of the
comments received and DCD proposed condition of approval number 1 specifying that
the applicant must comply with all Federal, State, or other Local Approvals as expressly
outlined by ECY.
No other agency comments were received.
Public Comments Received: Notices were sent to adjacent property owners within 300 feet of the
subject parcel. Jefferson County received 14 comments from adjacent residences, requesting to become
parties of record. The following table highlights the different topics addressed in the received comments
and a brief response from DCD. For full comments and comment matrix please see log item # 22 public
comments.
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Comment/Number Nature of Comment DCD Response
#1: Ten (10)
comments
community
comments related
to aesthetics.
DCD received ten (10) comments
regarding the aesthetics as outlined
in WAC 197-11-444 (2)(b)(iv).
These comments provided
reasoning/beliefs of why this
proposal would be aesthetically
appealing to the Nordland/Jefferson
County Community. The following
reasons were common among these
comments:
• Renovation of a current
“eyesore/rundown”
development from the
Community into a well-
designed amenity that
allows public enjoyment of
the property.
• Providing a thoughtful and
carefully designed
development to
Marrowstone Island
• Excited that there is a
proposal to bring the
property up to code and
operate a small -scale resort.
• The proposal will be an
asset to the community and
give visitors another option
to enjoy the beautiful
surroundings.
DCD has reviewed all comments received
and incorporated comments into the
recommendation for approval.
#2: concern of
granting of
variances and
ensuring all
proposals have the
same opportunities
to receive
variances. – 2
comments
DCD received 2 comments
addressing the variances included in
this proposal.
• One comment was
concerned that
Marrowstone Inn was
receiving special options
for “non-essential”
variances that aren’t
available to other shoreline
residents. And in addition,
were not required to spend
money on special reports to
prove they can live within
the rules. The commenter
was specifically addressing
that all island residents can
DCD reviews variance requests for all
projects with the JCC, and other applicable
regulations. The burden of proof and
meeting all of the variance criteria is the
responsibility of the applicant to provide
this information to DCD. Variance criteria
are strict within both the SMP and Unified
Development Code. Variances are only
approved/denied by the Jefferson County
Hearing Examiner in a quasi-judicial
process. For variances regarding the
shoreline, the hearing examiner only
provides a preliminary decision, the final
decision rests with ECY. In the review of
Marrowstone Inn, the applicant provided the
County with grandfathered use documents
dating back to the 1940s showing the use,
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expect the same consistency
and options for investing in
their land.
• Concern that variances are
only issued for hardship and
commenter does not see a
hardship.
including permitting histories, receipts, and
lodging documentation. The major variances
and staff comments for approval
recommendations are reviewed under the
finding section of this staff report. The
applicant provided the county with several
special reports, justification documents, and
engineered documents for review.
#3: The concern of
increased traffic – 3
comments included
this concern
DCD received 3 comments that
expressed concern about the
potential for increased traffic,
concern that the entrance to the
small -scale resort is dangerous and
around a blind corner.
Jefferson County Public Works (JCPW)
staff reviewed the proposal and submitted
an analysis stating that the proposal does not
trigger a traffic impact analysis (TIA). (See
log item # 37. After JCPW determined no
further analysis would be necessary, the
applicant nonetheless decided to submit a
Traffic Memorandum on January 3, 2022,
completed by Jake Traffic Engineering, INC
(“JTE”). It is included in the project
documents for community review. On April
6, 2022, DCD forwarded the traffic
memorandum to JCPW. On April 7, 2022,
JCPW staff commented that: “The Dept of
Public Works takes no exceptions to the
“Marrowstone Inn Traffic Memorandum”
prepared by Jake Traffic Engineering, Inc.,
stamped by Mark Jacobs PE dated
12/3/2021, received by Jefferson County
Dept of Community Development
1/3/2022.”.
#4: The concern of
proposal on
environment and
ecosystem. – 3
comments included
this concern.
DCD received 3 comments that
expressed concern for the
environment and local ecosystem
and the impact this project could
have on it. Below is a summary
of the main concerns:
• Degradation of abundant
species already occurring
• A concern of the parking
lot disrupting the
environment.
• Prevention of visitors
impacting/trespassing on
the environment
including removing
wildlife (crabbing,
geoducks, etc.)
• How the County can
regulate or minimize
The applicant has provided the County with
a Shoreline, Wetland, Fish and Wildlife
Habitat, and FEMA Floodplain Assessment.
This assessment has been reviewed for
consistency with all applicable regulations,
mitigation requirements, and no-net -loss
regulations by DCD staff, and it was
required to be revised from the original
submittal to greater protect the areas of
concern by relocating the OHWM further
landward as indicated by onsite loca tions,
prevent any determinations of fundamental
isolation by overgrown grass roads, and
meet all buffers to the maximum extent
possible. ECY and DCD required the
applicant not to move forward with many of
the waterward improvements as they were
likely to not be permitted. The proposal was
modified to remove these, the remaining
shoreline variance for a septic transport line
is unavoidable and proven necessary with a
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human impact –
recreational fires,
fireworks, watercraft,
etc.)
determination regarding this need by a WA
State Licensed Septic Designer. Further
discussion of this is included in the findings
section of this staff report.
#5: The concern of
Commercial
Development in a
rural area. – 1
comment included
this concern.
DCD received 1 comment that was
concerned that the project is too big
and intrusive in a residential area
and that the Marrowstone master
plan does not allow for new
commercial development. This
comment also included the increase
in noise from this development.
Rural Character is not exclusively defined
as residential use and development. As
discussed in section (1), the 2018 Jefferson
Comprehensive Plan encourages
commercial and recreational development in
Rural Residential Zoning Districts, as long
as they are compatible with sustaining a
clean environment and will not conflict with
other allowed or adjacent uses.
Small-scale recreational use retreat centers
are a rural use under Jefferson County
regulations and the 2018 Jefferson County
Comprehensive Plan. This facility is
commercial, recreational, and tourist-based
in use.
The County’s conditional use approval
criteria require that the project will not
introduce noise, smoke, dust, fumes,
vibrations, odors, or other conditions which
unreasonably impact existing uses in the
vicinity of the subject parcel.
#6: The concern of
no SEPA Review –
1 comment
included this
concern
DCD received 1 comment that
included the concern of no SEPA
review.
On September 8, 2021, DCD initiated the
optional Determination of Non-Significance
(DNS) review required by JCC
18.40.190(11). This was included in the
notice of application. A final DNS was
issued on March 29, 2022. Parties of record
may appeal the decision to the Hearing
Examiner by submitting a written statement
to the Jefferson County Department of
Community Development within 14
calendar days after the SEPA threshold
determination is issued (JCC 18.40.330).
#7: Concern of
proposal blocking
current water views
with height of
plantings required.
– 1 comment
included this
concern
DCD received 1 comment that
expressed concern about the height
of trees and vegetation and the
potential to block views of the water
and mountains.
DCD does not have authority in reviewing
view corridors and the potential impact on
current views. This is a community/civil
matter to be addressed by those concerned
about this. DCD does have a development
standard in RR 1:5 zoning that limits the
height of any building to 35-feet.
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REVIEW CRITERIA
State and Local Approvals and Permits Required:
Jefferson County Department of Community Development: Shoreline Variance, Shoreline Substantial
Development Permit, Conditional Use Discretionary Permit, and Major Variance from use standards,
septic permits, and building permit s for all building remodels and repairs.
Department of Ecology: Final Authority on s horeline variance permit
Applicable Ordinances and Plans:
Shoreline Master Program for Jefferson county, adopted February 21st, 2014, [Ord. 7-13 Exh. A (Art.
I § 4)],
Jefferson County Comprehensive Plan adopted December 10, 2018, [Ord 14-1210-18],
Jefferson County Code (JCC), JCC Title 18, Unified Development Code (UDC),
State Environmental Policy Act (SEPA),
Revised Code of Washington (RCW), and
Washington Administrative Code (WAC).
STAFF FINDINGS
The following presents staff findings and conditions in three different sections. Review of the
comprehensive plan, review of the unified development code, review conditions. These sections include
review of use criteria, small-scale tourist and recreation use criteria, critical areas, stormwater,
development standards, shoreline development criteria, conditional use criteria, variance criteria, SEPA
review standards. Based on the findings presented in sections 2, 3, the SEPA checklist, and accompanying
records , staff recommended approval with 44 conditions.
I. Jefferson County Comprehensive Plan applicable to the proposal:
Land Use- Environment: Goal LU-G-7 Preserve the functions and values of critical
environmental areas and protect development from the risks of environmental hazards:
Section 1. Jefferson County Comprehensive Plan. Land use, rural, environmental, and
economic development goals and frameworks identified in the Jefferson County Comprehensive
Plan indicate that the project is aligned with the community’s expectations for a small-scale
recreational use retreat center co nditional use project. Specifically, Goals LU-G-7 and LU-G-26,
and Framework I and III, address outcomes that are included in the applicant’s proposal.
Framework Goal I - Preserving Rural Character: Conserve Jefferson County’s functioning
rural way of life, agricultural and forest working lands, shoreline and mountain vistas, and
natural ecosystems, not just to be preserved to provide scenery, but to be preserved as a living,
working, and sustaining rural landscape with which the community has a living/working
relationship. Rural Character is not exclusively defined as residential use and development.
Staff Comment: Rural character also incorporates preserving a way of life where people have a
right to “work” and “use” the land to provide a living for themselves and their families. The
applicant is proposing to provide employment opportunities through an allowed use in the Rural
Residential zoning district. The proposal is consistent with the above Jefferson County
Comprehensive Plan Framework Goal.
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Framework Goal III - Enhancement of the Rural Economy: Grow a robust economy with
living wage jobs based on resource lands, manufacturing, tourist and recreation-oriented
services, and evolving technologies that allows our communities to thrive; through a concept of a
sustainable rural economy –benefiting the county’s clean environment, and benefiting from the
county’s clean environment.
Staff Comment: To align with Framework Goal III of the Comprehensive Plan, property owners
are encouraged and are allowed to create jobs to grow and support a rural economy as long as
they are compatible with sustaining a clean environment and will not conflict with other allowed
or adjacent uses. The applicant has demonstrated in the permit application submittals and SEPA
Environmental Checklist that the proposal will not cause an adverse effect on the environment or
be detrimental to uses adjacent to or in the vicinity of the proposal. See sections (2) and (3) of this
report for additional information. The proposal is consistent with the above Jefferson County
Comprehensive Plan Framework Goal.
Land Use Goals and Policies:
1. Policy LU-P-7.9: Continue to protect aquifer recharge areas from depletion of aquifer quantity
or degradation of aquifer quality under the Critical Area Ordinance (CAO). Continue to
periodically review and update CAO regulations relating to aquifer recharge, including best
available science.
Staff comment: The applicant will decommission the three onsite wells and establish a public
water connection with the Jefferson County Public Utility District (“JPUD”). The applicant,
therefore, has integrated public and environmental concerns into their proposal and facilitated
project design changes accordingly.
2. Goal LU-G-16 – Ensure that development is accomplished in a manner which protects the
long- term habitability, significant historical and cultural areas, and natural beauty of
Jefferson County.
• Policy LU-P-16.1: Encourage the preservation and conservation of Jefferson County’s
unique history, scenic resources, and rural community identities; support the
contributions that each community has made to the fabric of the County’s rural and
cultural character, and encourage the preservation of community cohesiveness through
designated land uses in this plan.
Staff comment: The proposal will preserve the historic use of the property as beach
cabins and later as a resort known as the Marrowstone Inn, a small-scale recreation and
tourist use in operation since 1937. The cabins/resort are not listed on register s of
historic buildings in the State of Washington or the region as set forth in RCW
27.34.200 and 25-12 WAC but are a representation of Jefferson County’s unique
connection to the waters by providing small -scale recreation and tourist use, which as
outlined in the Jefferson County Code are reliant upon a rural setting or location such as
Oak Bay and Kil isut Harbor. Additionally, the proposal does not propose to include any
new residential development beyond that allowed in the underlying land use district in
keeping with low-density rural character . A timeline attached hereto and incorporated by
ref erence indicates that Marrowstone Inn was operated starting around 1937 and that a
1954 survey shows the operation of the inn with several one-room fishing cabins. There
is also a brochure for the operation of the Marrowstone Marine Station highlighting
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“three-week” stay packages and promoting the newly developed lodge. These documents
illustrate an early rural use consistent with the region’s forestry and fishing activities.
Please see Appendix A – History and Timeline (Appendix A) for details.
The provided documentation provides a timeline of owners and different resort owner
operations from 1937 to present day. Included in this document are surveys of the use
from 1954, a lodge plan from 1972, an aerial photo from 1974, a brochure of vacation
opportuniti es under the name of Marrowstone Marine Station from 1973, a 1979
Ecological Place Vacation Flyer, and several building permit plans and submittals
throughout the years. (Appendix A), provided by the applicant, for the history of the
property's legal non-conforming use. The granting of the proposal will preserve the
landmark resort and allow the important cultural asset of the County to remain in use.
The proposal aims to preserve the natural beauty of Jefferson County through the
restoration and improvement of the site through native plantings and repair of dilapidated
structures and utilities.
• Policy LU-P-16.4: Consider elements of a Night Sky ordinance and lighting provisions
in the Jefferson County Code - All exterior lighting will be limited, and all outdoor lights
will be Dark Sky Friendly in order to minimize glare and to reduce light trespassing and
skyglow.
Staff Comment: All exterior lighting will be limited, and all outdoor lights will be Dark
Sky Friendly to minimize glare and reduce light tr espassing and skyglow. All proposed
lighting will comply with the International Dark Sky Association (IDA) standards. Dark
Sky Friendly lighting is defined as having IDA's Fixture Seal of Approval program
certification for outdoor lighting fixtures as being Dark Sky Friendly, meaning that they
minimize glare while reducing light trespass and skyglow. All products approved in the
program are required to be fully shielded and to minimize the amount of blue light in the
nighttime environment.
3. Goal LU-G-17 – Preserve and protect the rural character of the land and the identities of
existing rural communities through examination of rural land uses, development densities,
rural economies, and economic development opportunities.
• Policy LU-P-17.3: Carefully plan rural commercial development in a way that supports
and is compatible with rural community character and that can be supported by rural
levels of service
Staff comment: The proposal will maintain an existing small -scale commercial
development and allow the site to be improved and updated to modern standards. Each
building will be brought up to current code requirements with the International
Residential Code (IRC) and current Federal Emergency Management Agency (FEMA)
requirements as codified in JCC Chapt er 15.15 – Flood Damage Prevention, current on-
site septage requirements. The resort has supported the integral connection between water
and land by providing cabins associated with maritime use in a rural shoreline setting; the
conditional use will maintain this connection while also expanding economic
opportunities for the community and County as a whole.
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As a condition of approval, DCD recommends that the hearing examiner approve the
CUP with new infrastructure that supports and is compatible with rura l community
character . Among other improvements, DCD recommends conditioning approval upon
connection to new water supply source from the Jefferson County Public Utility District
and the decommissioning of three wells, adding a new fire hydrant, incorporat ing
stormwater management best practices and improving nearshore ecology consistent with
the shoreline management program’s no net less objectives and the removal of a failing
septic system. Collectively, these actions will benefit the surrounding area and can
support the greater level of rural service proposed while protecting critical areas, and
adjacent properties .
According to the East Jefferson Fire Rescue (EJFR), the new fire hydrant will benefit
others in the area. DCD and EJFR anticipate this hydrant will benefit surrounding
properties given that the Washington State Ratings Bureau which evaluates fire
protection services has already identified this need. With three major fires on
Marrowstone Island in the last 4 years, including: 2018 at 9142 Flagler Rd, a fatality fire
in a recreational vehicle; 2020 at 61 Heinzinger Rd, a residential structure fire; and 2020
at the Nordland Store, a commercial structure fire, DCD anticipates that this new hydrant
will support the island’s fire protection needs. According to Brian Tracer, Assistant Fire
Chief, EJFR, regarding Marrowstone Island’s fire hydrants, he wrote: “Yes, the
Washington Surveying and Rating Bureau (WSRB) will be rating the PUD in October of
this year and available hydrants on the island within our district. Currently the north end
of the island has the highest WSRB rating given because there is not adequate fire flow,
no hydrants. Since we are adding to our fire station on the island I have begun to ask
some of the same questions. Samantha Har per PUD has a been a great help with some
history. Such as when the water line was installed and placed on island, size of main
water line, current hydrant placement, looping of the main line and or not, and such
things as why residences didn’t hook up to the main line or why more hydrants were not
installed. Why are there not more hydrants on the island? It came down to available
funding at the time the main water line was installed. The residence of the island didn’t
want to pay for it and the PUD did have additional funds for more hydrants.” A high
rating means that insurance premiums are costlier and fire danger is greater. The
installation of the fire hydrant is a huge asset to community safety for the parcels
surrounding Marrowstone Inn. (see email, log item # 39).
4. Goal LU-G-20 – Ensure that rural residential development preserves rural character,
protects rural community identity, is compatible with surrounding land uses, and minimizes
infrastructure needs.
• Policy LU-P-20.1: Identify and encourage diverse rural land uses and densities which
preserve rural character and rural community identity.
Staff Comment: The CUP and variance proposal will maintain the property’s historic and
current use which has been well integrated into the rural character of the area since
approximately 1937. The applicant’s investment, and by extension the CUP approval,
will preserve and enhance the nearshore habitat thereby supporting a community identity
historically connected to fishing and forestry by strengthening the viability of the local
flora and fauna and by extension the nearby shorelines and intertidal areas.
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5. Goal LU-G-21 – Support existing and explore opportunities for new appropriately-sized
Rural Village Centers (RVC) and provide for the development of appropriately scaled
commercial and residential uses, with consideration of innovative planning techniques, such
as mixed commercial and residential use, creating vibrant communities with access to local
services.
• Policy LU-P-21.5.2: Allow for adequate economic development to provide economic
sustainability, adequate employment opportunities, small business opportunities, family
wage jobs, and services in and for the rural areas.
Staff comment: The p roposed CUP permit will allow the current use of the property to be
maintained and expanded which will provide local jobs and expanded economic
opportunities for the area. Extend Yourself LLC proposes that the operation of
Marrowstone Inn will result in approximately 8 employees (7 full time employees and 1
part time employee). The job descriptions will include: 1 Inn Keeper, 1 Assistant Inn
Keeper/Supervisor, 2 Full Time Front House Support for customer service and front desk
operations, 3 full-time housekeeping jobs, and 1 part-time housekeeping job.
Additionally, Extend Yourself LLC anticipates that by Year 3 of operation, that
Marrowstone Inn will generate around $181,000 in sales and lodging tax directly
benefitting Jefferson County.
6. Goal LU-G-26: Foster economic development that relies on a rural location and setting, and
that is small scale recreational or tourist related.
• Policy LU-P-26.1: Small-scale recreational or tourist uses shall be defined as those uses
reliant upon the rural setting, incorporating the scenic and natural features of the land.
Under no circumstances should this policy be interpreted to permit new residential
development, except that allowed by underlying zoning, and that necessary for on-site
management
Staff comment: The proposal is reliant on the rural shoreline and wetland ecological
functions which appeal to many tourists. For this reason, the site is a destination for a
rural recreational retreat. The applicant’s proposal as set forth by the consultants achieves
no net loss and improves the quality of the critical areas and shoreline functions.
Furthermore, the low-impact, environmentally centered design advances local economic
development by new Jefferson County jobs.
• Policy LU-P-26.3: The primary use of the site shall be for the small-scale recreational or
tourist use. Commer cial facilities, as provided for within an approved conditional use
permit for small-scale recreational or tourist uses, shall serve only those recreational and
tourist uses.
Staff comment: The conditional use will allow a Small-Scale Tourist and Recreat ional
Use - Rural Recreational Lodging for Overnight Rental with an associated and
subordinate Rural Restaurant. Any other commercial activity shall be subordinate to the
primary use.
• Policy LU-P-26.4: Upon application for intensification/expansion of existing small -scale
recreational or tourist areas and uses, the ultimate size and configuration of the site
should be established and maintained by logical outer boundaries. Existing areas and uses
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are those that are clearly identifiable and contained, and where there is a logical boundary
delineated predominately by the built environment on July 1 1990, but may also include
undeveloped lands if the overall goals of the Rural Element are maintained, by:
a. Preserving the character of the existing natural neighborhood;
b. Physical boundaries such as bodies of water, roadways, and land forms and contours
are used to assist in delineation of the site;
c. Abnormally irregular site boundaries are prevented;
d. Public facilities and services are provided in a manner that does not permit low-density
sprawl; and
e. Protecting critical areas and surface and groundwater resources.
Staff comment: The property is currently run as a legal non-conforming rural recreational
lodging use for overnight rentals. The new proposal will intensify the existing use and
should be allowed on the basis that it will preserve the character of the existing
neighborhood and that the boundaries of the site are clear and logical. The property is
bounded on the north and east by single-family residences (4762 Flagler Road, 50-51
Beach Dr, 53, 61, and 121 Robbins Road), Oak Bay/Puget Sound on the south, and
undeveloped mudflats owned by the Washington State Department of Natural Resources
to the west. There is no contiguous land available to increase the size of the property.
Environmental Goals and Policies:
1. Goal EN-G-1 – Ensure a sustainable and safe water supply for residential, economic, and
environmental needs that rely on conservation and other current technologies, while
incorporating the most current climate projections into supply planning.
• Policy EN-P-1.1: Work cooperatively with water supply purveyors, public utility
districts, and other experts at federal, state, local, tribal governments, including private
non-profit organizations to preserve and protect existing water supplies while addressing
future water supply needs. Such measures may utilize alternative water sources that are
compatible with environmental protection.
Staff comment: Water will be supplied from Jefferson County Public Utility District to
replace the (3) wells currently serving the site. The presence of a mapped SIPZ requires
the decommissioning of all wells. A fire hydrant will be introduced to the site to increase
fire prevention capacity for both the prop erty and the surrounding areas.
2. Goal EN-G-2 – Protect the quality and quantity of surface, ground, and marine water
resources through locally implemented shoreline, critical areas, and other related
environmental programs.
• Policy EN-P-2.2: Preserve the environmental functions of surface and ground water
resources by retaining native vegetation and open spaces where feasible and by requiring
mitigation measures for land use activities that may adversely impact surface and ground
water.
Staff comment: The proposal includes and requires that native vegetation/open spaces be
maintained and improved in accordance with the SMP and the improved stormwater
management plan. Water resources will be improved through the decommissioning of the
existing, failing septic system within the shoreline buffer and through the
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decommissioning of the (3) residential wells that currently serve the property which is a
mapped SIPZ area. The applicant is connecting to a public water supply provided by
Jefferson County Public Utility District (PUD).
3. Goal ED-G-4 Work in partnership with public and private economic development interests
to review barriers, consider flexible regulations that incentivize, encourage and facilitate
innovative economic opportunities within the County.
• Policy ED-P-4.5: Amplify Jefferson County’s strengths in tourism, recreation, and retail
through rural employment opportunities in centers and corridors and through
development and enhancement of non-motorized facilities.
Staff comment: The proposal will strengthen tourism within the community by
preserving existing tourist facilities and will create local jobs to boost the local economy.
Without the conditional use, the resort will not be economically viable due to compliance
requirements and building condition and may adversely affect tourism in the nearby area,
the economy, and the character of the region.
4. Goal ED-G-5: Support the development of tourists and tourist - related activities as a
source of employment and business opportunities in Jefferson County.
• Policy ED-P-5.3: Encourage the development of small businesses, services, cultural
attractions, recreational opportunities, and special events that capture and support
tourism. Identify wider uses for these small businesses to also furnish goods and services,
such as locally grown food, and value-added products to the traveling public and local
population.
Staff comment: Through the CUP, the applicant preserves a tourist facility and housing
that predates the Growth Management Act (GMA). The proposal envisions special
events, which are expressly identified in the above-referenced policy. The proposal will
enhance the local economy by moderately increasing tourism to the area, and creating
local jobs both by the resort itself as well as increased or induced economic activity in the
surrounding community.
Shoreline and Critical Area Goals and Policies:
1. LNG 14.0 Preserve the functions and values of critical environmental areas and
protect development from the risks of environmental hazards.
ENG 5.0 Allow development along shorelines, which is compatible with the protection of natural
processes, natural conditions, and natural functions of the shoreline environment.
Staff Comment: Implementation of the Assessment submitted and revised by Soundview
Consultants preserves functions and values of critical environmental areas by removing
impervious surfaces in the shoreline jurisdiction by removing existing paths and cabin access and
removing existing septic drainfields from within wetland buffers and shoreline areas . The septic
line installation will be restored with native grass -seeds to return the site to pre-disturbance
conditions. The proposal demonstrates there will be no net loss of wetland or shoreline functions
as required by the SMP . The proposa l is consistent with these goals and policies.
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2. ENP 5.7 Manage stormwater for proposed and existing development in a manner consistent with
Department of Ecology Stormwater Management Manual for Western Washington.
Staff Comment: The project will be required to comply with the Department of Ecology
Stormwater Management Manual for Western Washington as a “large” project subject to
minimum requirements #1-9. The applicant has submitted an engineered drainage site plan for all
new impervious or replaced har d surfaces. Requirements are as follows:
• Minimum Requirement 1: Preparation of the Stormwater Site Plan
• Minimum Requirement 2: Construction Stormwater Pollution Prevention Plan
(SWPPP)
• Minimum Requirement 3: Source Control of Pollution
• Minimum Requirement 4: Preservation of Natural Drainage Systems and Outfalls
• Minimum Requirement 5: On-site Stormwater Management
• Minimum Requirement 6: Runoff Treatment
• Minimum Requirement 7: Flow Control
• Minimum Requirement 8: Wetlands Protection
• Minimum Requirement 9: Operations and Maintenance
II. Jefferson County Unified Development Code applicable to the proposal:
1. Chapter 18.15 JCC - Allowable and Prohibited Uses: JCC 18.15.040(Table 3-1) Allowable
and Prohibited Uses: Under Small-Scale Recreation and Tourist Uses a rural recreational lodging
with cabins and a rural restaurant are considered a conditional use approval (C).
Staff Comment: A rural recreational cabin lodging with associated secondary use of a rural
restaurant is allowed as a Conditional Use, and conditional use discretionary process,
respectfully. The higher -level, more stringent Type III Conditional Use Permit applies to all
permit decisions. This requires hearing examiner approval rather than DCD’s administrative
approval. Under the Type III process for conditional uses, the proposal is subject to specific
approval criteria, public notice, written public comment, and public hearing procedure; as set
forth in Article VIII of Chapter 18.40 JCC.
2. Chapter 18.20.260 JCC – Nonconforming uses and structures: A legal nonconforming use
or structure is one that conformed to all applicable codes in effect on the date of its creation,
but no longer complies due to subsequent changes in the code. Nonconformity is different
than and is not to be confused with illegali ty (see the definitions of “nonconforming,”
“nonconforming use,” and “illegal use” in Chapter 18.10 JCC). Legal nonconforming uses
and structures are commonly referred to as “grandfathered.”
o JCC18.20.260(1)(c):
a. (c) A nonconforming use may be expanded beyond 10 percent through the
approval of a Type II C(d) discretionary conditional use permit process. In
addition to meeting the criteria set forth through the conditional use permit
process, the department shall determine the expansion proposal has met the
following:
b. (i) The proposed area for expansion is contiguous to the nonconforming use;
c. (ii) The area for expansion of the use complies with all applicable bulk and
dimensional standards, performance provisions, and environmental and shoreline
(WAC 173-27-080) regulations;
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d. (iii) The area for expansion shall not increase the land area devoted to the
nonconforming use by more than 100 percent of that use at the effective date of
the nonconformance;
e. (iv) The expansion shall not be granted if it would result in a significant increase
in the intensity of th e use of the nonconformity (e.g., hours of operation, traffic).
Staff Comment: The application is an expansion of an existing nonconforming use that is
being expanded beyond 10 percent through a Type II C(d) permit process. The UDC
administrator has referred the discretionary conditional use permit application to the
hearing examiner to be processed according to the procedures for a Type III land use
decision, as permitted under JCC 18.40.520 (2). The proposed expansion of the
nonconforming use requ ires a major variance from the bulk and dimensional standards.
as required due to parcel constraints and existing constraints from the existing
nonconforming use. These are discussed in section 8 Chapter 18.40.650, variance permit
criteria. The expansion will not result in a significant increase in the intensity of the use
and has been further reviewed against all required criteria for this proposal.
3. Chapter 18.20.350 JCC – Small-Scale recreation and tourist uses: Rural recreational
lodging or cabins for overnight rental on parcels 10 acres or larger in size is a Type II
Conditional Use Permit Process, subject to public notice, SEPA and a public hearing. The
following review criteria apply:
o JCC18.20.350(3) (c-k):
a. (c) Only one small-scale recreational or tour ist use shall be allowed per legal lot
of record, with the exception of rural restaurants.
b. (d) Only those buildings or areas specifically approved by the county may be
used in the conduct of the business.
c. (e) Parking shall be contained on -site and provided in conformance with this
code, including JCC 18.30.100 and 18.30.130.
d. (f) All activities shall, at a minimum, be screened from the view of adjacent
residential uses subject to the landscaping and screening requirements of
JCC 18.30.130 and set back a sufficient distance from all rear and side property
lines to protect the character of adjacent and surrounding properties and uses.
The approving authority may authorize variations to the setbacks established in
Table 6-1 in JCC 18.30.050 in order to ensure that a ny small -scale recreation or
tourist use or structure, when proposed in or adjacent to a rural residential (RR)
district, shall be compatible with and not disruptive to the character of existing
and anticipated future uses in the district.
e. (g) All small-scale recreation or tourist uses shall utilize local access or minor
collector roads for primary access whenever practicable. Access off of state
routes, arterials, or major collector roads may be allowed if access improvements
or a traffic analysis assures mobility is not degraded.
f. (h) Structures shall comply with the landscape, lighting, site coverage, and design
standards set forth in Chapter 18.30 JCC.
Staff comment: The proposal includes only one main small-scale tourist use – rural
recreational lodging and cabins, accessory to the main use is a proposed small-scale rural
restaurant limited to guests staying at the property. The county will only allow the applicant
to operate to the extent approved under this permit; if the applicant wishes to expand, they
would have to apply for an expansion of an existing small-scale recreational and tourist
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facility under a new conditional use permit as required by JCC 18.20.350(4). The
application includes the request for 37 onsite parking spots to accommodate all guests and
employees, the parking lot shall have 34 regular parking places and 3 accessible parking
spaces.
g. (j) For any small-scale recreation or tourist use, the county shall impose such
reasonable conditions (e.g., location and size restrictions, design standards,
landscape buffers, setbacks, etc.) as are found necessary by the approving
authority to ensure that the activity or use, due to proximity, location or intensity:
1. (i) Is compatible with the rural character of adjacent lands and shorelines,
including forestry, agriculture, and mineral lands of long-term
commercial significance;
2. (ii) Does not disrupt the character of any surrounding permitted uses;
3. (iii) Is adequately served by public facilities and services (including
roadway level of service and minimum fire flow requirements) without
the need to extend those services in a manner that promotes low density
sprawl;
4. (iv) Adequately protects critical areas including surface and groundwater
resources; and
5. (v) Would not cumulatively, in combination with the effects of existing
development (or given the probable development of subsequent projects
with similar effects) in the vicinity (i.e., within one mile) of the proposed
use, create a development pattern that constitutes low density sprawl;
require the extension of public facilities or expansion of public services
in a manner that promotes low density sprawl; or be otherwise
incompatible with or injurious to the rural character of the area;
Staff comment: The applicant will be required to meet all required conditions. The
facility is part of the character of the surrounding permitted uses and has been in legal
operation since the 1940s, and nonconforming since enactment of the small-scale tourist
provisions governing minimum parcel size and square footage. The applicant is
proposing a total of 15 lodging buildings, including renovation of the existing ten cabins,
replacing the existing manufactured home with 3-one-bedroom stick-built structures, and
providing 2 yurts for camping. Expansions for the parking lot and septic system are
required by the development code for this expansion. The applicant is required to connect
to the public water supply, is bringing the failing septic up to code, and proposes proper
fire ingress/egress and fire hydrant. The critical areas on site are protected and reviewed
under JCC 18.22 and 18.25 code review. There are no properties within one mile and the
surrounding vicinity that would be available or are not currently in use as a residence that
would support a similar proposal.
JCC 18.20.350(9) Rural Recreational Lodging or Cabins for Overnight Rental and
Recreational Cultural or Religious Conference Center/Retreat Facilities. Rural
recreational lodging or cabins for overnight rental and conference retreat facilities are
subject to the following standards:
h. (a) Minimum parcel size is 10 acres;
i. (b) Fifteen built cabins or bedrooms for overnight lodging compris ing up to
6,000 SF of gross floor area are allowed for every 10 acres of parcel size, up to a
maximum of 30 rooms or cabins comprising no more than 12,000 SF of total
building area over the entire site, excluding a caretaker’s or manager’s residence;
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j. (c) Lodging operators may not allow any person to occupy overnight lodging on
the premises for more than three months in any year;
k. (d) New residential development shall not be permitted. New residential
development includes the subdivision or sale of land for year -round or second-
home residential housing that is owner-occupied or rented;
l. (e) An on-site caretaker or manager’s residence is allowed;
m. (f) A conditional use permit subject to a Type III approval process,
which includes a public hearing, shall be requir ed.
Staff comment: The proposal is seeking a variance from the ten-acre minimum land area.
The variance criteria are reviewed below in JCC 18.40 review section. The proposed used
matches the historical use of the property. The property owner has submitted land area
calculations and justification for their determination (log Item #9 Marrowstone Inn Land
Area Calculation Appendix D). The site currently has 11 existing cabins already over the
6,000 SF of gross floor area. The existing cabins currently total 9,097 SF of rental cabin
area and 4,459 SF of assembly space, garage, and three utility buildings. The applicant is
also seeking a variance from this requirement, reviewed below. The proposal will not
allow long-term rentals, stays are limited to less than 3 months. No new residential
buildings are proposed. The applicant proposes to use the empty studio space above the
existing detached garage as a caretaker’s residence. The caretaker’s residence is proposed
to be 747 SF.
o (10) Rural Restaurants. Rural restaurants may be allowed as small-scale recreational and
tourist uses, subject to the following standards:
a. (a) Only when associated with and subordinate to a primary recreational or
tourist use;
b. (b) Indoor dining facilities shall not exceed a total of 50 seats, including outdoor
seating, unless it can be demonstrated that a larger capacity facility is needed to
serve the demand generated by the primary recreational or tourist use;
c. (c) The structure shall constitute no greater than 5,000 SF of gross floor ar ea;
d. (d) Drive-through food service is prohibited. This does not include espresso
stands. [Ord. 3-20 § 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 13-12 § 1; Ord.
8-06 § 1].
Staff comment: The proposed rural restaurant is subordinate to a primary small-scale
tourist and recreational proposal for rural lodging and cabins. The facility will be limited
to 50 seats and be required to comply with all EPH requirements. The restaurant will be
located in an existing building as no new buildings are proposed or approved with the
application and no buildings on-site are greater than 5,000 SF. No drive-through food
service is proposed or approved.
4. Chapter 18.22 JCC - Critical Areas: The proposal is required to comply with the critical area
regulations for marine nearshore habitats (Fish and Wildlife Habitat Conservation Area),
Geologically Hazardous Areas, FEMA Flood Zone A, Critical Aquifer Recharge Area and High-
Risk Seawater Intrusion Protection Zone (SIPZ).
Staff Comment: The proposal is located within a High-Risk SIPZ zone. The proposed project
will not adversely affect the SIPZ. All stormwater disposal will be infiltrated in accordance with
JCC 18.22.120(3). There are mandatory and voluntary actions for development within a High-
Risk SIPZ. The voluntary measures include a condition of approval. The mandatory actions are
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not applicable because the applicant is required to connect to a public water supply with Jefferson
County PUD.
The Fish and Wildlife Habitat Conservation Area (150 feet of the marine shoreline containing
federally listed species) has been addressed in the submitted No Net Loss Report as well as the
Shoreline Master Program review. The application was noticed and sent to state agencies and
tribes. There were no comments that the proposal would adversely impact fish, wildlife, or
sensitive habitat in the project area. The Assessment was revised and was reviewed by DCD staff,
which concluded Extend Yourself LLC’s proposal would result in no net loss upon incorporation
of the 44 recommended conditions.
The Geologically Hazardous Area is designated as a seismic hazard. The proposal does not
include any new buildings at this time. A geotechnical report may be required in the future, if the
applicant proposes new development, rather than remodel of the existing development. No major
vegetation will be removed and the land disturbance required is minimal.
The FEMA Flood Zone AE, an area subject to the 1% annual chance special flood hazard area,
designated by FEMA on the property extends into cabin #4’s footprint , associated access road
improvements, and areas where septage lines are proposed. The FEMA regulations that apply to
the remodel of the cabin within the area will depend on the market value and if the remodel
reaches the definition of substantial improvement. This will be reviewed upon building permit
submittal and associated land-use review. This will require, any built structures to identify the
base flood elevation and potentially elevate the any structures one-foot above the base flood
elevation. Any impervious surface located within the FEMA Flood zone AE will require, at, a
minimum, a flood development permit, with elevation certificate. The building is outside the
hazard area and does not need a Flood Development Permit.
The proposal is located within a SARPA critical aquifer recharge area (CARA). The proposed
project will not adversely affect the CARA. All stormwater disposal will be infiltrated in
accordance with JCC 18.22.120(3).
5. 18.30.070 Stormwater management standards. All new development and redevelopment must
conform to the standards and minimum requirements set by the most current version of the
Washington Department of Ecology Stormwater Managemen t Manual for Western Washington.
Staff Comment: The project will be reviewed in accordance with the most current Department of
Ecology Stormwater Managemen t Manual for Western Washington. The applicant has provided
an engineered stormwater design for the new proposed parking lot. Upon approval of this
Conditional Use/Variance application, the applicant must apply for a stormwater management
permit for the new gravel areas and building permits, under conditions # 2 through 4. The review
for the stormwater can be combined with one of the building permits if applicable.
6. 18.40.520 Conditional Use Permit Types – Review Processes: (2) Applications for uses listed
as discretionary conditional use permits (i.e., “C(d)”) in Table 3-1 in JCC 18.15.040 shall, at
a minimum, be processed according to the procedures for Type II land use decisions
established in Article IV of this chapter. However, in accordance with this subsection, the
administrator may on a case-by-case basis refer a discretionary conditional use permit
application to the hearing examiner to be processed according to the procedures for Type
III land use decisions established in Article IV of this chapter.
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o (a) Required Findings. Prior to referring an application for a use listed as “C(d)” in Table
3-1 in JCC 18.15.040 to the hearing examiner, the administrator shall make one or both
of the following findings:
a. (i) In the exclusive, discretionary judgment of the administrator, the application
involves potentially significant issues relating to location, design, configuration,
and potential impacts to surrounding properties and the community that can be
more appropriately considered and addressed through an open public record pre-
decision hearing before the Jefferson County hearing examiner; or
b. (ii) In the exclusive, discretionary judgment of the administrator, the application
seeks approval of a use involving complex legal issues necessitating special
expertise in the decision-maker.
c. (b) Timing. The administrator may determine whether or not to refer an
application to the hearing examiner for a public hearing, concurrent with the
determination of completeness required under JCC 18.40.110(1), or after the
public comment period has expired.
d. (c) Discretion of the Administrator. The administrator’s decision to refer an
application to the hearing examiner under this subsection to be processed as a
Type III application shall be for the purpose of affording maximum fairness in
decision-making and procedural due process protection, and shall not affect the
substantive applicability of local, state or federal policies or law applicable to any
permit application. The decision to refer any application to the hearing examiner
to be processed as a Type III application rests exclusively within the discretion of
the administrator.
Staff Comment: The administrator has decided to refer this application to the Jefferson
County Hearing Examiner pursuant to JCC 18.40.520(2)(a)(i) because the approval also
includes a major variance from standards provided in the bulk and dimensional
requirements for this proposal and these impacts to the community can be more
appropriately considered and addressed through an open public record pre-decision
hearing along with the application for Major Variance, Shoreline Variance, and Shoreline
Substantial Development Permit. The administrator made the decision to refer the C(d)
use to a Type III C use concurrent with the application determination of completeness
and initial public notice.
7. 18.40.560(1) Conditional Use Permit Criteria: The county may approve or approve with
modifications an application for a conditional use permit if all of the following criteria are
satisfied:
o The conditional use is harmonious and appropriate in design, character and appearance
with the existing or intended character and quality of development in the vicinity of the
subject property and with the physical characteristics of the subject property;
Staff comment: The property is currently a legal, non-conforming beach resort and the
site proposal appears to retain some of the original 1937 fishing cabin design elements
and is therefore harmonious and appropriate. By granting the requested conditional use
permit, Extend Yourself LLC, applicant, will implement several habitat and site design
improvements such as reducing impervious surface pathways to the existing structures
and near -shore environment to maintain and strengthen the built form’s harmonious
relationship to the waters. The conditional use will retain the existing legal
nonconforming use and allow for the proposed expansions.
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With a long history of serving the local community and greater Puget Sound Area as an
intimate nature getaway (See Appendix A for further history), the site has undergone
numerous improvements over the years. The property's location on the shore of Oak Bay
and the single-story bungalow cabins render the site harmonious with the surrounding
nature. The improvements to the resort will retain the rural character of the site and will
enhance the natural beauty of the surroundings. The improvements will enhance the
appearance of the facilities and ensure that the resort will continue to be appropriately
screened to protect any nearby residences. The conditional use will allow substantial
improvements to the environmental conditions, energy efficiency, and public safety on
the site and would permit a longstanding use to remain economically viable.
o The conditional use will be served by adequate infrastructure including roads, fire
protection, water, wastewater disposal, and stormwater control;
Staff comment: The property is currently served by two private driveways off Beach
Drive as well as a gravel road through the property known as Resort Road which takes
the form of a single loop encircling the Lodge building. Parking spaces are currently
located in various spots off of Resort Road and adjacent to cabins, some within the
shoreline buffer. The proposed work involves removing the parking off of Resort Road
and creating a separate parking lot in the northeast corner of the property with parking for
30 vehicles. An additional 5 service spots will be constructed adjacent to the lodge and
ADA parking serving the accessible guest suite will be located adjacent to the existing
Garage. The existing Resort Road will be converted to a one-way road with separate
entry and exit points and will connect to the new parking lot, improving site access and
safety.
The property is currently served by three separate septic systems , a Glendon Biofilter
system serving the existing (3) bedroom manufactured home [SEP97-00012] and (2)
traditional septic systems serving the remaining cabins and lodge [SEP72-0024; SEP85-
0057]. The existing septic systems serving the cabins need replacement— they are
located within the shoreline buffer and are failing. This includes an approximately
90’x10’ drainfield associated with SEP85 -0057 and an additional 85’x15’ drainfield
associated with SEP72 -0024, both of which are squarely within the 150’ Shoreline
Buffer.
Proposed improvements include a new septic system located in the northeast corner of
the property which will increase the septic capacity of the site, move the drainfield
outside of all buffer zones, and improve shoreline conditions. The Glendon Biofilter
system will remain in use by the pr oposed replaced existing manufactured home.
The property is currently served by (4) domestic wells. Due to the mapping of a Seawater
Intrusion Protection Zone on the property, all wells will be decommissioned and public
water will be brought to the site. In addition to connecting the property to public water,
the applicant will introduce a fire hydrant on the property which will enhance the fire
protection capabilities of both our site and the surrounding land.
Drainage on the property is directed by t he local topography via sheet flow toward
permeable areas where it infiltrates directly into the subsurface. No stormwater
management features are currently part of the property. The proposed interventions
include a 30’ vegetated buffer adjacent to the new gravel parking area as well as a 10’
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buffer along with the new areas of gravel road. A curtain drain will be installed along the
eastern edge of the property as well to mitigate stormwater - see the civil plan for more
details. The project will also introduce native trees, shrubs, and grasses that will assist in
reducing flow rates and improving biofiltration.
o The conditional use will not be materially detrimental to uses or property in the vicinity
of the subject parcel;
Staff comment: The site is currently used as a legal, non-conforming beach resort and
has been run for several decades, since the 1940s. The granting of this conditional use
will not significantly impact uses or property in the vicinity because the historic use of
the property will be ma intained. Infrastructure will be improved, which will benefit the
surrounding properties. New vegetation screening will be implemented on-site to enhance
the natural appearance and presence of the resort to the surrounding properties.
Historically, access to the property has been restricted to paying guests, the current
property owner will welcome residents to access the shorelines and the tidelands during
low tide. The public will also have access to the upper portions of the property for special
events such as art previews, community dinners, and restaurant usage. This will benefit
the properties in the vicinity rather than creating any material harm.
o The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or
other conditions or which unreasonably impact existing uses in the vicinity of the subject
parcel;
o Staff comment: The conditional use will result in only minimal smoke, dust, fumes,
vibrations, or odors and will not substantially impact the general population. The
associated rural restaurant will occasionally result in some minor smoke or fumes typical
of cooking activities and will be properly ventilated per Jefferson County Public Health -
Food Service Establishment requirements. Noise from guests will be limited and all quiet
hours per JCC 8.70.050 will be observed. Outdoor lighting will be limited, and all
outdoor lights will be Dark Sky Friendly to minimize glare and reduce light trespassing
and skyglow. The applicant proposes to create a tranquil beach resort that will
complement the beauty of the surrounding nature and the creation of unwanted
disturbances will be avoided to a reasonable extent.
o The location, size, and height of buildings, structures, walls and fences, and screening
vegetation for the conditional use will not unreasonably interfere with allowable
development or use of neighboring properties;
Staff comment: The property consists of 11, one- and two-story existing cabins ranging
in size from 300 - 1100SF, a 1000 SF Lodge building, an 820 SF garage, and two small
utility buildings (440 SF and 265 SF) that will be renovated and improved within their
existing footprints. No major changes in size, or height are proposed or approved. See
site plan for building locations and vegetation and Appendix B for building sizes. New
vegetation screening will be implemented on-site to enhance the natural appearance and
presence of the resort to the surrounding properties.
o The pedestrian and vehicular traffic associated with the conditional use will not be
hazardous to existing and anticipated traffic in the vicinity of the subject parcel;
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Staff comment: The property is currently served by two private driveways off Beach
Drive as well as a privately-owned gravel road through the property known as Resort
Road which tak es the form of a single loop encircling the Lodge building onsite.
Parking spaces are currently located in various spots off of Resort Road and adjacent
to cabins, including within the shoreline buffer. The proposed work involves removing
the parking off of Resort Road, a private road, and creating a separate parking lot in
the northeast corner of the property with parking for 30 vehicles. Five additional 5
service spots will be constructed near the lodge and ADA parking serving the
accessible guest suite w ill be located adjacent to the existing Garage. The existing
Resort Road will be converted to a one-way road with separate entry and exit
locations and will connect to the new parking lot, improving site access and safety.
Pedestrian traffic will be controlled by creating new pathways throughout the site and
will improve the current shoreline condition by reducing and concentrating walkways
within the buffer zone. All walking paths will be under 5 feet in width.
o The conditional use complies with all other applicable criteria and standards of this title
and any other applicable provisions of the Jefferson County Code or state law; and more
specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC;
Staff comment: All provisions of JCC will be met including but not limited to:
JCC 18.20:
providing adequate water supplies and septic capacity (18.20.140.1.a);
appropriate roadway access and maintenance (18.20.140.1.b);
no use shall be made of equipment or material which produces unreasonable
vibration, noise, dust, smoke, odor, or electrical interference to the detriment of
the quiet use and enjoyment of adjoining property (18.20.140.1.c);
and vegetation screening will be provided (18.20.140.1.e).
The proposed conditional use is an appropriate Smal l-scale recreation and tourist
use and meets all applicable standards of JCC 18.20.350.
A variance has been requested to allow this use on a property under ten acres
(JCC 18.20.350.1q). The property is currently used in the same capacity and
there will be no detriment to allowing the continuation of said use. A variance
has also been requested to allow more than 6,000 SF of gross floor area for every
ten acres of parcel size. The current legal, non-conforming use is comprised of
ten tourist units, a three-bedroom manufactured home, an assembly lodge space,
a garage, and two utility buildings comprising 12,951 SF. The proposal for the
property will see renovation and replacement in kind without a significant
intensification of use of the property.
Commercial facilities within the property will be limited and commensurately
scaled to the principal use as a rural recreational lodging facility for overnight
rentals (JCC18.20.350.3a) and any commercial activity on the property will be
derived from the principal lodging use.
The conditional use includes an accessory rural restaurant which is allowable
under JCC 18.20.350.3c.
The restaurant will comply with all provisions of JCC 18.20.350.10 including
limiting capacity to under 50 occupants and constituting 727 SF (less than the
5,000 SF max).
JCC 18.30:
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o 18.30.030 Water supplies – the property will be supplied with potable water by
Jefferson County PUD
o 18.30.040 Sewage Disposal – the property will receive a new septic system
adhering to all applicable standards which will replace existing non-conforming
and failing systems.
o 18.30.060 Grading and Excavation Standards – grading and excavations will
meet all applicable standards.
o 18.30.070 Stormwater Management Standards – see stormwater management
plan 18.30.100 Parking Standards – Property meets all applicable parking
standards. See site plan.
o 18.30.130 Landscaping/Screening – All provisions will be met. See site plan
and planting plan.
o The proposed conditional use will not result in the siting of an incompatible use adjacent
to an airport or airfield;
Staff comment: There are no airfields or airports adjacent to this proposal.
o The conditional use will not cause significant adverse impacts on the human or natural
environments that cannot be mitigated through conditions of approval;
Staff comment: The proposal does not cause adverse impacts on the human or natural
environments that cannot be mitigated. The granting of this conditional use will allow for
improvements to an established, legal non-conforming beach resort and will improve the
natural environment as well as habitable spaces. There will be environmental, public
safety, and economic and recreational benefits from the use. The site will be served by a
new septic system that will replace the current, failing system that is currently located
within the shoreline buffer and will greatly improve the shoreline zone. The site will also
be connected to public water supplies to replace the current wells that supply the site as is
required for sites within a SIPZ area. This will improve the natural environment because
groundwater pumping can reduce freshwater flow toward coastal areas and cause
saltwater to be drawn toward the freshwater zones of the aquifer. Other improvements to
the natural environment include increased planting and native vegetation throughout the
site, concentrated walking paths within the shoreline buffer to limit pedestrian traffic on
the shoreline and reduced impervious surface area throughout the site. The human
environment will als o be beneficially impacted through the improvement of the dwelling
units themselves. The cabins will be made more comfortable – both in aesthetics as well
as through the addition of insulation to make the cabins more energy efficient.
o The conditional use has merit and value for the community as a whole;
Staff comment: The conditional use will allow the existing site to be improved and will
create additional opportunities for community engagement and events. The resort will
create local jobs, attract tourists to the area, and diversify the economy of rural Jefferson
County by utilizing the county’s abundant recreational opportunities and scenic and
natural amenities in an environmentally sensitive manner consistent with the rural
character of the county. Within the property, a planned art space will be opened up to
allow local artists a space to show their work and engage with the community. This space
will allow artists to gain recognition, sell their work, and create a space for the benefit of
the community as a whole. Members of the public will be allowed access to this art space
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during regular hours as well as during special community events. Renewed public access
to the beach lands within the property will also benefit the community and allow for the
greater use and appreciation of the natural amenities of the site. The community will
benefit by having this 80-year -old use improved in appearance and its operations
improved to reduce environmental impacts all within the existing footprint.
o The conditional use is consistent with all relevant goals and policies of the Jefferson
County Comprehensive Plan; and
Staff comment: The conditional use complies with all relevant goals and policies of the Jefferson County Comprehensive Plan and aims to keep intact the rural character of the area while enhancing environmental protections and boosting the local economy with place-based jobs. Specifically, the project and the conditional use will retain the rural character of the area - defined per JCCP 1 -48 as development : a) In which open space, the natural landscape, and vegetations predominate over the built environment b) That foster traditional rural lifestyles, rural -based economies, and opportunities to both live and work in rural areas c) That provide visual la ndscapes that are traditionally found in rural areas and communities d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development f) That generally do not require the extension of urban governmental services g) That are consistent with the protection of natural surface water flows and groundwater and surface water recharge and discharge areas RCW 36.70A.030(16). In addition, the conditional use works to ensure the County’s quality of life is “preserved as it is enhanced” (JCCP 1-49) by retaining and improving the historic Marrowstone Resort. It actively pursues the goal of “development that blends with the County’s natural setting” (JCCP 1-49) by maintaining the existing use of a lodging facility focused on the surrounding nature and scenery. It also “promotes economic development that supports place-based jobs, supports renewable resources, supports local healthy food and local job and housing choices for residents and the local workforce” (JCCP 1-49) through the generation of the jobs necessary to run and maintain the property.
o The public interest suffers no substantial detrimental effect. Consideration shall be given
to the cumulative effect of similar actions in the area.
Staff comment: The granting of this conditional use will not substantially change the nature or use of the site as it is currently used for the same purpose as a legal non-conforming, use. See Appendix A. The conditional use permit will allow the property to be upgraded and to utilize the abundant scenic and natural amenities in an environmentally sensitive manner, creating a benefit for the surrounding properties as well as creating opportunities for co mmunity engagement and events. Significant improvements to infrastructure - including the addition of a fire hydrant, a new septic system, improved vehicular access, restored shoreline, and improved stormwater management – as well as renewing public access across the shoreline are all of benefit to the public interest. The proposed plans also include the addition of a public art space on the property that will provide the local community with additional cultural and event opportunities.
8. 18.40.650 Variance Permit Criteria:
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o (1) The variance will not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and land use district in which the
subject property is located;
Staff comment: The variance will not grant special privilege as it is permitted by the
code based on findings specified herein; the variance would allow a legal non-
conforming use to expand as permitted by code pursuant to JCC
18.20.260 Nonconforming uses and structures. While a chieving conformity is not
permissible without a zoning text amendment, it is unnecessary as existing provisions
within the code permit expansion. First, JCC 18.20.260 (3)(c) allows and expansion of
the nonconforming use up to 3,999 square feet. Second, the ph ysical expansion is related
to the unpermitted bathroom added by a previous owner, and the two yurts (glamping
tents).
o The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property, to provide it with use rights
and privileges permitted to other properties in the vicinity and in the land use district in
which the subject property is located;
Staff comment: The property has been in continuous use as a beach cabins or resort since
the 1937 and has been an important part of the local community, and its connection to
local waters and harbors . By granting the variance, Extend Yourself LLC, would be able
improve the clustered group of cabins and other accessory structures, whi ch are designed
in ways to accommodate the uniqueness of the site as set forth below. Additionally, the
extensive improvements are necessary to revegetate the site in ways the promote no net
loss of habitat function, remove impervious surfaces in areas that impede the wetland’s
natural and beneficial functions while also upgrading building systems and safety, e.g.,
thermal, ventilation, heating, and flood damage prevention. The unique shape and
topography of the parcel prevents the applicant from meeting the minimum ten-acre
requirement in JCC 18.20.350.9a as there is no contiguous land available to increase the
property, and much of the site is constrained by shoreline buffers. With the exception of
the glamping sites and the unpermitted bathroom, the structures are already in existence
and legal nonconforming. Furthermore, the site is already clustered which is consistent
with ‘best practices’ for planned rural residential developments for which the county
already provides a density bonus (see JCC 18.15.040). The property is bounded by
single-family residences (4762 Flagler Road, 50-51 Beach Dr, 53, 61, and 121 Robbins
Road) on the north and east, by Oak Bay/Puget Sound on the south, and by undeveloped
mudflats owned by the Washington State Department of Natural Resources to the west.
The property has been in existence at a scale approximating 12,000 SF prior to enactment
of the current codes. As stated previously, the 1937 fishing cabins/resort has been a
longstanding element of the community’s character and has operated for approximately
eight decades without adversely impacting the adjacent single-family homes. The loss of
the resort would be a loss for the community and the county’s interests in maintaining the
operation of low-impact recreation and tourist facilities.
The property has been continuously operated as a legal beach resort since the 1940s, and
became nonconforming later. Originally only comprised of Parcel 921-084-011, the site
was increased by the addition of an adjacent parcel, Parcel 921-084-010 that was
purchased in 1972 and combined to form the 8.3 acres of property that currently make up
the resort today (See Appendix A and Appendix B). These 8.3 acres are in addition to
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adjacent deeded tidelands extending 10.54 chains/695 linear feet from mean high tide.
The property is bounded on the north and east by single family residences (4762 Flagler
Road, 50 -51 Beach Dr, 53, 61, and 121 Robbins Road), Oak Bay/Puget Sound on the
south, and undeveloped mudflats owned by the Washington State Department of Natural
Resources to the west. There is no additional contiguous land to be purchased and
combined with the property to meet the ten-acre standard. The proposal does not add any
significant new structure or intensification of use within the existing non-conforming
footprint. Instead, the proposal aims to establish the legal use of this property through a
plan that substantially improves the environmental conditions, energy efficiency, and
public safety through adherence with the County’s Flood Damag e Prevention Ordinance,
JCC 15.15. The property has been continuously run as a beach resort with greater than
the maximum 6,000 gross SF of gross floor space for every ten acres of parcel size since
at least the 1970s. By 1977, the resort took its current form for the most part, with all
cabins being built and rented out to the public. (See Appendix A and B).
o The granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and land use district in which
the subject property is located;
Staff comment: Granting of the variance to site minimum and square footage will allow
improvements to the property for the betterment of the wider community in that some of
the required infrast ructure enhances public health, safety, and welfare. Additionally, it
preserves a use that benefits many in the surrounding vicinity by providing local
accommodations. The variance will allow for improvements to the property including a
new septic system t o replace the existing systems that are currently failing and which
intrude into the Wetland buffer, the removal of impervious surfaces in the wetlands area,
and the installation of a fire hydrant that will reduce the likelihood of loss, already
suffered by Marrowstone Islanders when the Nordland store was engulfed in flames. The
property will be improved to have better site access, enhanced stormwater management,
increased vegetation screening to protect the privacy of the nearby single-family
residences, improved energy efficient lodging facilities, and will create more
opportunities for community engagement, events, and economic output for the
community as a whole. The property will provide local jobs as well as maintain the rural
character of the area while utilizing the site’s scenic and natural amenities. An added fire
hydrant on the property will enhance fire safety on site and for the surrounding
properties. The owner is also committing to restore public access to the shoreline from
adjacent shoreline areas, which have previously been tightly restricted. This renewed
access will greatly benefit the community and provide access to important shorelines and
wetland environments.
o The special circumstances of the subject property make the strict enforcement of the
provisions of this code an unnecessary hardship to the property owner;
Staff comment: The variance to site minimum size (ten acres) and square footage of the
structures (6,000 SF) embrace the status quo, as the resort is already in existence wit h
these exceedances. The variance allows the property to continue to be used in its historic
capacity while enabling necessary renovations and improvements that will bring the
resort up to modern standards, enhance the local economy, and improve the human and
natural environments. The property needs many improvements, such as the renovation of
the tourist units, a new septic system, enhanced stormwater management, new parking,
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shoreline restoration, connection to the public water supply, and the addition of a fire
hydrant. All of these will benefit the community, as well as the natural environment
through better functioning of wetlands and reduced impervious surfaces within the
critical areas.
The property has been in continuous use as fishing cabins in the 1930s, and later as a
beach resort since the early 1940s and has been an important part of the local community.
Without granting the variance, the property would no longer be able to remain open due
to the extensive improvements that are necessary to bring the resort up to modern
standards.
The ten-acre requirement in JCC 18.20.350.9a is unable to be met - the structures already
exist in a clustered fashion within the current smaller parcels. The property is bounded by
single-family residences (4762 Flagler Road, 50-51 Beach Dr, 53, 61, and 121 Robbins
Road) on the north and east, by Oak Bay/Puget Sound on the south, and by undeveloped
mudflats owned by the Washington State Department of Natural Resources to the west.
The 6,000 SF limit in gross floor area would reduce the existing capacity of the resort
dramatically (the property has been run with over 12,000 SF for decades) and, should the
variance not be granted, the resort would likely no longer be financially viable. The resort
has been a longstanding element of the community’s character and has operated for
approximately eight decades without adversely impacting the adjacent single-family
homes. The loss of the resort would be a loss for the community and the county’s
interests in maintaining the operation of low-impact recreation and tourist facilities.
o The special circumstances are not the result of the actions of the applicant; and
Staff comment: The applicant’s actions did not result in special required circumstances.
The property has historically and continuously been run as a legal, non-conforming beach
resort since the 1940s when the Morley family bought the land and opened the
Marrowstone Resort with several fishing cabins (parcel 921084011). The resort was
gradually renovated and expanded through the next several decades when, in 1972,
Martha Denniston purchased the Marrowstone Resort as well as the adjacent parcel
(parcel 921084010). By the mid-1970s, the resort closely resembled its current conditions
and has been in continuous use through to the present day. See Appendix A. The intent is
to continue this use within the existing footprint, while modernizing the site to today’s
hospitality standards, updating critical infrastructure including the septic system to better
protect critical areas and allow the facilities to remain economically viable.
o The variance is consistent with the purposes and intent of this Unified Development
Code.
Staff comment: As described in all the variance criteria above, the variance is consistent
with the Unified Development Code variance requirements. The application is consistent
with all other development standards and code sections. The other variance that the
applicant requires is set within the SMP, but that variance is reviewed separately. The
applicant has provided sufficient evidence for approval of the variance.
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9. Shoreline Master Program Article VI General Policies and Regulations, includes policies and
regulations for all uses and developments in all shoreline environments. The following address
general requirements of the SMP:
1. JCC 18.25.270(2) Regulations – No Net Loss and Mitigation.
Staff Comment: The applicant submitted a shoreline, wetland, fish and wildlife
habitat, and FEMA floodplain assessment, completed by Soundview Consultants.
The proposed site restoration and removal of portions of the impervious surface
ensures no-net loss of shoreline functions and processes. The removal includes the
decommissioning and removal of the current septic drainfield located within the
buffer of one of the wetlands and Kilisut Harbor area to a portion of the parcel
completely outside the 200’ foot shoreline jurisdiction area. The proposal also aims
to reduce gravel areas by consolidating designated paths and access roads. The area
of new disturbance is minima l and will only remove landscaped grass. These
combined actions will reduce the overall footprint of impervious surfaces within the
shoreline jurisdiction by 4,638 SF and improve hydrologic and water quality
functions associated with Wetlands A and B, Kilisut Harbor, and Oak Bay. The
proposed parking areas and new access paths will increase impervious surfaces on-
site; however, the new impervious surfaces are located entirely outside of the critical
area buffers and shoreline setback. The applicant proposes informal native
landscaping. The addition of native trees and shrubs throughout the site will slow
surface runoff, provide increased filtration for sediments and pollutants before runoff
reaches the identified critical areas, and will increase habitat onsite for a variety of
wildlife species. BMPs and TESC measures will be incorporated throughout the
duration of the project to minimize and avoid construction impacts on the identified
critical areas. As conditioned to comply with this report, the project is consistent with
No Net Loss requirements.
2. JCC 18.25.280 Historic, archaeological, cultural, scientific and educational
resources:
Staff Comment: The application was sent to the Washington Dept. of Archaeology
and Historic Preservation (DAHP) and to local tribes. No comments from any local
tribes or DAHP were received. The applicants have submitted a confidential Cultural
Resource Assessment that was forwarded to the above stakeholders.
3. JCC 18.25.290 Public Access:
Staff Comment: The proposal is consis tent with public access policies and
regulations. The existing and new use allows the general public to book time at the
resort and enjoy the shoreline. No reduction of shoreline access is resultant of this
proposal as it is an existing non-conforming use for the shoreline master program.
The resort facility has been maintained for private use by previous owners to ensure
people staying at the resort have privacy and access to the beach without their
experience being affected by members of the public. Visual access and physical
access to the shoreline are available from South Indian Island County Park. A visual
access point is also provided near the WA-116 bridge north of the site. The property
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owner proposes that they will allow people passing through by boat and invites
residents in the general area to walk along the beach at low tide, however, access to
the main resort facility will not be open to the general public. Due to the non-
conforming history of the use and nearby access points , Jefferson County fi nds this is
acceptable and the applicant does not have to provide new public access.
4. JCC 18.25.300 Shoreline setbacks and height
Staff Comment: The proposal is consistent with shoreline setbacks and height
regulations. All the cabins are legal non-conforming structures all within the height
setbacks and are legal non-conforming to the shoreline setback. The SMP allows
non-conforming non-residential development to expand with a shoreline variance
under JCC 18.25.660(10)(b) – discussed below.
5. JCC 18.25.310 Vegetation Conservation
Staff Comment: The proposed project activities are located in areas that consist
entirely of mowed grasses and herbaceous vegetation, and as such no significant
vegetation clearing is proposed and the specific criteria of this chapter are not
formally addressed as they generally refer to clearing activities. Areas disturbed
during construction activities will be seeded with a native grass mix to stabilize
disturbed soils and restore the affected areas to pre-construction conditions.
6. JCC 18.25.540 Substantial development permit criteria: “To be authorized, all
uses and developments shall be planned and carried out in a manner that is consistent
with this program and the policy of the Act as required by RCW 90.58.140(1),
regardless of whether a shoreline permit, statement of exemption, shoreline variance,
or shoreline conditional use permit is required. [Ord. 7-13 Exh. A (Art. IX § 1)]”
Staff Comment: The proposal includes a shoreline substantial development permit
because it does not qualify for an exemption.
7. JCC 18.25.580 Shoreline Variance Permit Criteria:
a. (1) The purpose of a variance is to grant relief to specific bulk or dimensional
requirements set forth in this program where there are extraordinary or
unique circumstances relating to the property such that the strict
implementation of this program would impose unnecessary hardships on the
applicant/proponent or thwart the policies set forth in RCW 90.58.020. Use
restrictions may not be varied. In authorizing a variance, special conditions
may be attached to the permit by the county or the Department of Ecology to
control any undesirable effects of the proposed use. Final authority for
variance permit decisions shall be granted by the Department of Ecology.
b. (2) Variances will be granted in any circumstance where denial would result
in a thwarting of the policy enumerated in RCW 90.58.020. In all instances
extraordinary circumstances shall be shown and the public interest shall
suffer no substantial detrimental effect.
c. (3) Variances may be authorized, provided the applicant/proponent can
demonstrate all of the following:
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i. (a) That the strict application of the bulk or dimensional criteria set
forth in this program precludes or significantly interferes with a
reasonable permitted use of the property;
Staff comment: Strict application of the bulk and dimensional
criteria set forth in this program would significantly interfere with
reasonable use of the property. Permitted prior to existing
regulations, the resort would s uffer from the strict application as it
would be a disincentive for investment in upgrades that arguably
improve the environment by providing accessible access to existing
structures, removing failing septic infrastructure necessary to prevent
additional s eptic seepage into the environment, and reducing
saltwater intrusion by decommissioning existing wells. The variance
granting the septic expansion, including waterward portion, would
better the environment and stop a defective septic system from
continuing to operate within shoreline and wetland buffers. The
majority of the septic system is being moved completely outside of
shoreline jurisdiction and the portions within the buffers will be
decommissioned. The reasonable use of this property was established
with the non-conforming use and the applicants will not be able to
fully repair the small-scale resort without the shoreline variance.
They have proposed the minimum improvements necessary to
comply with Jefferson County development standards and small-
scale and recreational standards, critical area standards and shoreline
standards.
ii. (b) That the hardship described above is specifically related to the
property, and is the result of conditions such as irregular lot shape,
size, or natural features and the application of this program, and
not, for example, from deed restrictions or the
applicant’s/proponent’s own actions;
Staff comment: The hardship described above is specifically related
to the locations of the existing cabins within the wetland and/or
shoreline buffers associated with Wetland A, Kilisut Harbor and Oak
Bay. The existing cabins are an approved and permitted non-
conforming use within the shoreline jurisdiction.
iii. (c) That the design of the project will be compatible with other
permitted activities in the area and will not cause adverse effects on
adjacent properties or the shoreline environment;
Staff comment: The proposed activities are internal to the existing
developed areas and will not increase impervious surfaces onsite nor
change the use of the cabins in a way that is not compatible with the
other permitted uses in the area. The project will not cause adverse
effects on adjacent properties or the shoreline environment.
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iv. (d) That the variance authorized does not constitute a grant of
special privilege not enjoyed by the other properties in the area, and
will be the minimum necessary to afford relief;
Staff comment: The proposed variance does not constitute a grant of
special privilege not enjoyed by other properties in the area as it will
not change the existing use of the cabins or the developed areas
onsite.
v. (e) That the public interest will suffer no substantial detrimental
effect;
Staff comment: The proposed project does not include a significant
change to the existing use of the facilities and is limited to upgrades
necessary to improve site accessibility and improve the existing
infrastructure to accommodate the use of the property as an Inn and a
location for occasional special events . Additionally, the proposed
project will only result in minor permanent impacts to the buffers of
Wetland A and Kilisut Harbor that will be offset through a reduction
of existing impacts within the buffers and 200-foot shoreline
jurisdiction onsite, and as such will have no detrimental effects to
public interest.
vi. (f) That the public rights of navigation and use of the shorelines will
not be materially interfered with by the granting of the variance; and
Staff comment: No work below the OHW of Kilisut Harbor or Oak
Bay is proposed, and as such there will be no interference of public
rights of navigation or of the use of the shorelines.
vii. (g) Mitigation is provided to offset unavoidable adverse impacts
caused by the proposed development or use.
Staff comment: As no adverse impacts to the shorelines of Kilisut
Harbor or Oak Bay from the proposed project are anticipated, no
mitigation is required. However, it should be noted that the proposed
project activities will reduce existing impacts within the wetland and
shoreline buffers and 200-foot shoreline jurisdiction by replacing and
relocating the existing septic drain field in the buffer of Wetland A
and Kilisut Harbor to an upland area onsite, landward of the existing
resort facilities, providing enhanced waste treatment, and by
reducing impervious surfaces in wetland and shoreline buffers and
the shoreline jurisdiction by reducing the footprint of the existing
cabin access paths.
d. (4) In the granting of all variances, consideration shall be given to the
cumulative environmental impact of additional requests for like actions in the
area. For example, if variances were granted to other developments in the
area where similar circumstances exist, the total of the variances should also
remain consistent with the policies of RCW 90.58.020 and should not
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produce significant adverse effects to the shoreline ecological functions and
processes or other users.
Staff comment: There are no other like properties in the surrounding area
that would be able to support such a development. This property is unique
because it has already operated as a small-scale resort since the 1940s and
requires the upgrades to be safe and functional. Other variances would
similar to the proposal hear on any other site nearby would require new
buildings, which would be reviewed differently compared to the existing
grandfathered use. The upgrades are minimal and the scope has been further
reduced, to the minimum necessary to meet all other development
requirements, from the initial application with input from Jefferson County
and Department of Ecology.
.
e. (5) Other factors that may be considered in the review of variance requests
include the conservation of valuable natural resources and the protection of
views from nearby roads, surrounding properties and public areas. In
addition, variance requests based on the applicant’s/proponent’s desire to
enhance the view from the subject development may be granted where there
are no likely detrimental effects to existing or future users, other features or
shoreline ecological functions and/or processes, and where reasonable
alternatives of equal or greater consistency with this program are not
available. In platted residential areas, variances shall not be granted that
allow a greater height or lesser shore setback than what is typical for the
immediate block or area.
Staff comment: The proposal improves the conservation of natural resources
by fixing a defective septic system, bringing existing buildings up to code,
including insuring there is no asbestos within the buildings with ORCAA
review. The proposal is bringing rundown buildings into compliance, which
ultimately improves the area for nearby residents. The property is sufficiently
shaded from view by neighboring roads with the natural contours of the land.
The proposal doesn’t change the existing development significantly and the
views and buildings will all remain in the same location with minor additions
and overall building improvement. The applicant will also be removing
significant amounts of impervious surface from the shoreline buffers to
outside of shoreline jurisdiction completely, having a positive effect on the
environment. The beach access paths will be consolidated and maintain trails
for the guest to use to avoid damage to the vegetated areas within the buffers.
8. JCC18.25.590 Substantial Development Permit: “To be authorized, all uses and
developments shall be planned and carried out in a manner that is consistent with this
program and the policy of the Act as required by RCW 90.58.140(1), regardless of
whether a shoreline permit, statement of exemption, shoreline variance, or shoreline
conditional use permit is required. [Ord. 7 -13 Exh. A (Art. IX § 1)].”
Staff Comment: The application requires that a shoreline substantial development
permit be approved in combination with the shoreline variance. The proposal does
not qualify for any exemptions and is therefore brought before the hearing examiner.
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The shoreline substantial development approval does not require ECY Review, but
will be sent in combination for the shoreline variance. The SSDP approval is void if
final approval is not received by ECY for the shoreline variance.
9. JCC18.25.660(1) Non-Conforming Development: “(1) Legally established uses,
buildings, structures and/or lots of record that do not meet the specific standards of
this program are considered legal nonconforming and may continue as long as they
remain otherwise lawful, and meet the following criteria: (a) Existing, Permitted, or
Vested. The use, building, structure, or lot was existing on the effective date of initial
adoption of this program (December 20, 1974), or any subsequent amendment
theret o, or was authorized under a permit or approval issued, or is otherwise vested to
this program
Staff comment: The proposal is a non-conforming small -scale tourist and
recreational use that is grandfathered non-conforming in relation to the Shoreline
Master Plan and is allowed within the shoreline buffer as the use was established in
the 1940s prior to the adoption of the Shoreline Management Act in 1974.
10. JCC 18.25.660(10)(b): “(b) Non-Single-Family Residential. Nonconforming
structures, other than nonconfor ming single-family residences, that are expanded,
enlarged or relocated, must obtain a variance or be brought into conformance with
this program and the Act. Any nonconforming development that is moved any
distance must be moved to comply with the bulk and dimensions requirements of this
program. [Ord. 7-13 Exh. A (Art. X § 6)].”
Staff Comment: The application is a non-conforming structure that is not for a
single-family variance. Thus, a shoreline variance is required for the expansion of
any portion of the non-conforming development. The proposal has changed
significantly since the first pre-application meeting. The applicant was advised the
Jefferson County and Department of Ecology would not be able to approve
waterward expansion of the cabins at any poi nt. In addition, a variance to put a
parking lot within the buffer was not feasible. The only waterward portion of the
proposal is a septic transport line within the areas of cabins 1-4, waterward as limited
by site characteristics. This variance is reviewed below against all variance criteria in
both the SMP and Jefferson County Code. Justification for this waterward movement
was provided by Shold Excavating and their WA state licensed septic designer (see
log item #34). The rest of the proposal consists of landward and minor lateral
expansions, most of which include infilling existing carports to heated space.
RECOMMENDED RURAL RECREATIONAL NONCONFORMING
EXPANSION OF CONDITIONAL USE AND VARIANCE FROM STANDARDS
CONDITIONS
1. This approval is for a Type III Conditional Use APPROVAL for an expansion of a nonconforming
Rural Recreational Lodging and Cabin small-scale recreational and tourist use with a major variance
from required development requirements and a rural restaurant only. Any future permits on this site
are subject to review for consistency with applicable codes and ordinances and does not preclude
review and conditions which may be placed on future permits.
2. The applicant shall obtain all required approved building permits, septic permits, stormwater permits
to include Fire Code review and a Stormwater Plan reviewed by the Jefferson County Department of
Public Works for the remodel and expansion of the proposed retreat center and caretaker residence
that is consistent with any conditions of approval, and shall ensure that stormwater best management
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practices are in place before any construction activities take place.
3. Pursuant to JCC 18.40.560, this conditional use permit automatically expires and becomes void if the
applicant fails to file for a building permit or other necessary development permit within three years
of the effective date of the permit being granted. Extensions to the duration of the original permit
approval are prohibited. The Department of Community Development shall not be responsible for
notifying the applicant of an impending expiration.
4. Pursuant to JCC 18.40.680, this major variance approval automatically expires and becomes void if
the applicant fails to file for all required building permit or other necessary development permit
within three years of the date of the decision granting the variance. Extensions to the duration of the
original variance approval are prohibited. The department of community development shall not be
responsible for notifying the applicant of an impending expiration.
5. Prior to any construction, a temporary erosion and sedimentation control plan (TESCP) shall be
submitted and approved by Jefferson County. Construction shall be restricted to the dates
occurring between May 1 and September 30 unless a wet weather erosion control plan is
submitted and approved prior to construction.
6. Applicant is required to schedule and pay for annual inspections of the site’s fire suppression
systems, including but not limited to the building’s exits, emergency lighting, exit signs, fire
lanes, and the inspections testing and maintenance records for fire protection systems such as fire
alarms and fire sprinklers, if applicable.
7. Applicant shall abide by all applicable laws, building codes, any other ordinance or regulation
including but not limited to all applicable International Fire Code regulations, addressing and
roadway standards.
8. The project shall comply with the provisions of the 2018 International Building Code, Chapter 11
for disabled access compliance, including a minimum of one (1) van accessible disabled access
parking space. The retreat center shall provide at least one space dedicated to ADA/Accessible
compliance pursuant to JCC 18.30.100(1)(b). Parking spaces for physically accessible needs shall
comply with the current ADA Design Guide, Department of Justice, Disability Rights Section.
9. The applicant shall demonstrate compliance with minimum ADA requirements to be determined at
building permit submittal.
10. A building final shall not be issued until DCD has reviewed and approved the mitigation area for
compliance with the approved mitigation plan and all permit conditions, as BMPs and TESC
measures will be incorporated throughout the duration of the project to minimize and avoid
construction impacts to the identified critical areas. As conditioned to comply with this report, the
project is consistent with No Net Loss requirements.
11. Marrowstone Inn must decommission the 4 existing wells onsite pursuant to Department of Ecology
and Jefferson County Public Health requirements and connect to public water supply from Jefferson
County Public Utility District prior to operation of the rural recreational lodge, cabins and rural
restaurant.
12. Potable water supply and sewage disposal facilities adequate to serve the proposed use shall be
provided. Occupancy shall not be permitted before water supplies and sewage disposal facilities are
approved and installed.
13. The site occupancy for guests shall be limited by the septic system capacity, which includes an
existing 480 gallons per day alternative septic system and a new proposed alternative commercial
septic system sized for a peak flow of 3080 gallons per day to serve the proposed property.
14. The applicant shall be required to obtain all required permits for remodel from Olympic Region
Clean A ir Agency (ORCAA) prior to applying for any remodel or other building permits. Proof of
approved ORCAA permits shall be required at application intake for each building permit. In the
event of demolition, which by definition also includes renovations performed to load-bearing
structural members on the current building as part of a remodel, the applicant shall complete a good
faith asbestos survey of the structure by a certified Asbestos Hazardous Emergency Response Act
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(AHERA) building inspector and if asbestos is found during the survey, an Olympic Region Clean
Air Agency (“ORCAA”) Asbestos Removal Notification must be completed and all asbestos
containing material must be properly removed prior to the demolition and if the structure is 120 sq.
ft. or great er, an ORCAA Demolition Notification must be submitted regardless of the results of the
asbestos survey subject to a mandatory 14-day waiting period after ORCAA receives notification.
15. The project shall not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or
which unreasonably impacts existing uses in the vicinity of the subject parcel pursuant to JCC
18.20.350.
16. The applicant shall comply with the ORCAA and Jefferson County Fire District to reduce or
minimize smoke, fumes, and/or odors generated from retreat center operations, passenger vehicles,
commercial trucks, and construction equipment.
a. The applicant shall implement best management practices to limit noise impacts to
existing uses in the vicinity of the subject parcel and to avoid any public nuisance
pursuant to JCC 8.70.050. Compliance with the noise ordinance is required.
Deliveries shall be scheduled and delivered during normal business hours (8:00 AM
-5:00 PM);
b. 15 mph speed limit signs shall be posted along the driveway to minimize noise and
protect the driveway;
c. Construction related activities shall be limited from 7:00 AM to 10:00 PM;
d. Construction noise between 7:00 AM and 8:00 AM shall be minimized through
conducting lower noise construction activities such as staging, t eam meetings, plan
reviews, and material mobilization;
e. Property owner shall monitor noise and other related impacts;
f. Outdoor activities shall only occur from 8:00 AM to 10:00 PM.
g. Quiet hours at the retreat center shall be enforced between 10:00 PM and 8:00 AM;
h. Guest contracts, website language, and guest orientations shall be appropriately
implemented to emphasize the need to respect neighbors.
17. The applicant shall implement best management practices to limit dust related impacts to existing
uses in the vicinity of the subject parcel.
18. The applicant shall implement best management practices to limit light and glare generated by the
proposed structures. Per the submitted SEPA Environmental Checklist, the applicant shall implement
the following best management practices to manage light and glare: a. Outdoor safety lights shall be
located lower than 20 feet and shall be aimed low; b. Outdoor safety lights shall be shielded or
recessed so that direct glare and reflections are contained within the boundaries of the parcel; c.
Outdoor safety lights shall be directed downward and away from adjoining properties; and d. Roll
shades shall be installed on the retreat center windows to control light glare during night time hours.
19. All proposed signs shall adhere to sign standards in JCC 18.30.150 and shall require separate sign
permits prior to being erected.
20. Lodging operators shall not allow any person to occupy overnight lodging on the premises for more
than three months in any year pursuant to JCC 18.20.350(9)(c).
21. New residential development shall not be permitted pursuant to JCC 18.20.350(9)(d). New
residential development includes the subdivision or sale of land for year-round or second-home
residential housing that is owner -occupied or rented.
22. All contractors and personnel shall be familiar with the inadvertent discovery plan as attached to this
permit. If any possible historic, archaeological and/or cultural artifacts are inadvertently discovered,
the applicant shall immediately stop all work on the project and shall notify the Washington
Department of Archaeology and Historic Preservation, Jefferson County Department of Community
Development, and affected tribes.
23. Any modifications, changes, and/or additions to the stamped, approved site plan dated May 9, 2022
shall be resubmitted for review and approval by Jefferson County Department of Community
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Development. Proposed changes may require modifications to the conditional use/variance permit.
24. Pursuant to JCC 18.40.580, a conditional use permit granted under Article VIII of JCC Chapter
18.40 shall continue to be valid upon a change of ownership of the site, business, service, use or
structure that was the subject of the permit application. No other use is allowed without approval of
an additional conditional use permit.
25. Pursuant to JCC 18.40.530(b): The conditional use will be served by adequate infrastructure
including roads, fire protection, water, wastewater disposal, and stormwater control. The applicant
will be required to add a fire hydrant for proper fire protection.
26. Ecology- Solid waste management specific condition. All grading and filling of land must utilize
only clean fill. All other materials may be considered solid waste and permit approval may be
required from the local jurisdictional health department prior to filling. All removed debris resulting
from this project must be disposed of at an approved site. Contact the local jurisdictional health
department for proper management of these materials.
27. Ecology- Water quality/watershed resources unit specific condition. Erosion control measures must
be in place prior to any clearing, grading, or construction. These control measures must be effective
to prevent stormwater runoff from carrying soil and other pollutants into surface water or storm
drains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat
and are considered to be pollutants.
28. Ecology- Water quality/watershed resources unit specific condition. Any discharge of sediment,
laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water
Pollution Control, and WAC 173 -201A, Water Quality Standards for Surface Waters of the State of
Washington, and is subject to enforcement action
29. Ecology- Additional permits specific condition. The applicant shall contact the Washington State
Department of Ecology to determine if additional permits or studies are required. Construction site
operators must apply for a permit at least 60 days prior to discharging stormwater from construction
activities and must submit it on or before the date of the first public notice.
RECOMMENDED SHORELINE VARIANCE CONDITIONS
30. This conditional shoreline variance APPROVAL from Jefferson County that requires a variance
permit from the Washington State Department of Ecology (ECY). Activities approved under this
variance permit shall not begin until ECY has issued its written approval of this shoreline
application.
31. This shoreline substantial development permit (SSDP) APPROVAL from Jefferson County is
conditioned, and only valid upon ECY approval of a shoreline variance use approval and SSDP
approval
32. This project is conditioned upon revegetation into perpetuity as outlined in a landscape plan
approved by the Director, as minor repairs and expansions shown on the approved site plan are
mostly lateral or landward with waterward portion of this proposal consist ing of septic transport lines
restricted by the on-site conditions.
33. Any future permits on this site are subject to review for consistency with applicable codes and
ordinances and do not preclude review of, and amending the conditions of the permit issued by the
hearing examiner
34. Work within jurisdiction of the Shoreline Master Program other than as described above shall receive
separate review from this Department.
35. Construction shall be in substantial compliance with the site plan (Appendix E) revised on April 12,
2022, and requested to be conditionally approved by Jefferson County Hearing Examiner on May 26,
2022 as it exists now or is hereafter amended by Jefferson County and/or Washington Department of
Ecology.
36. Substantial progress towards completion of the project shall be performed within two years of the
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issuance of the permit.
37. Authorization to conduct development activities shall terminate five years after the effective date of a
permit or permit exemption; provided, that the shoreline administrator may authorize a single
extension for a period not to exceed one year based on reasonable factors, if a request for extension
has been filed before the expiration date and notice of the proposed extension is given to parties of
record and the Department of Ecology.
38. No construction activities or staging is permitted within the shoreline buffer other than those
activities expressly allowed in this permit.
39. No fill or other materials may be placed in the waters or intertidal areas of Jefferson County. A
building permit application approval shall be required from Jefferson County prior to any
construction activities.
40. A septic permit application approval shall be required from Jefferson County Department of
Environmental Health prior to any land disturbing work.
41. A stormwater permit application approval shall be required from Jefferson County DCD prior to any
grading or land disturbance for any paths or parking areas.
42. All contractors and personnel shall be familiar with the inadvertent discovery plan as attached to
this permit. If any possible historic, archaeological and/or cultural artifacts are inadvertently
discovered, the applicant shall immediately stop all work on the project and shall notify the
Washington Department of Archaeology and Historic Preservation, Jefferson County Department
of Community Development, and affected tribes.
43. The applicant shall implement the Shoreline, Wetland, Fish and Wildlife Habitat, and FEMA
Floodplain Assessment prepared by Soundview Consultants that was submitted on January 25,
2022.
44. Prior to the certificate of occupancy for any buildings , the Applicant/property owner shall provide
assurance to the satisfaction of the Administrator that the all buildings are compliant with the no-
net loss requirements with the approved Shoreline, Wetland, Fish and Wildlife Habitat, and
FEMA Floodplain Assessment and all permit conditions. The assurance can be in the form of a
site visit and one of the following: a notice on title, a conservation easement, or a similar
mechanism as approved by the Director in such a form approved by the Jefferson County
Prosecuting Attorney’s Office
Prepared by Project Planner, Shannen Cartmel, May 11, 2022.