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HomeMy WebLinkAboutstamped_004 Variance Permit Supplemental Application DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment E-mail: dcd@co.jefferson.wa.us VARIANCE Purpose The purpose of allowing variances from the standards of the Jefferson County Code (JCC) is to ensure that all persons and their property are guaranteed equal rights and opportunities under similar circumstances. Variances from the standards of the JCC shall only be granted where there are extraordinary or unique circumstances relating to the property such that the strict implementation of the JCC would impose unnecessary hardships on the applicant or thwart the purpose and goals of the Jefferson County Comprehensive Plan or JCC. Variances may only be granted for dimensional, area and bulk requirements (e.g., height, setbacks, yard size, lot coverage, frontage, floor area and the like) specified by the JCC. JCC 18.40 outlines the provisions for variance procedures and criteria allowed under the Code, except for reasonable economic use variances and environmentally sensitive area buffer width reductions, which are governed by the provisions of JCC 18.22 Critical Areas. In addition to the supplemental Variance Application Form in this packet, you must also complete the Master Permit Application Form for all variance applications. Variance approval may involve either a Type II or Type III review process under the JCC, depending on the specific type of variance requested. Types of Variances There are three broad types of variances identified in the JCC. Reasonable Economic Use Variance: A Reasonable Economic Use variance may be applied for if the application of Environmentally Sensitive Area buffers (i.e. wetland, streams, geohazards, etc) identified in JCC 18.15.185 deny all reasonable economic use of a property. Applicants may apply for a reasonable economic use variance only upon denial of a permit due to the requirements of the JCC 18.22 – Critical Areas. Minor Variance: Minor variances include variances that would permit expansion of an existing building which would extend no more than ten (10) percent beyond the dimensional, area and bulk requirements specified by the JCC. Minor variances also include variances to allow expansion of an existing building that is nonconforming as to setback or lot coverage requirements as long as the proposed expansion would not:  Increase the nonconformity of the building; and  Result in any portion of the building or expansion being located closer to an abutting property line than does the existing building at its nearest point to the property line. Applications for minor variances are processed according to the procedures for Type II land use decisions established in JCC 18.40.270. Major Variance: Major variances include all other variances not classified as minor. Applications for major variances are processed according to the procedures for Type III land use decisions established in Article IV of Chapter 18.40. Process Step 1 – Pre-Application Conference: A pre-application conference is required for all Variances. Conceptual plans, county requirements, future permit requirements, etc., and answers to related questions are discussed at the conference. Information provided by Department of Community Development staff helps the applicant to prepare a better application and potentially decreases code- related questions and time required for formal review. Step 2 – Determination of Completeness: Following submittal of your application, county staff will make a determination within 28 days as to whether your application is complete. Step 3 – Formal Application Review and Decision: Following the determination of completeness, a final decision must be made by the county within 120 calendar days. The final decision may be made by either the Administrator (for all Minor Variances) or the Hearing Examiner (for all Reasonable Economic Use Variances and Major Variances). Public hearings before the Hearing Examiner are required for all Reasonable Economic Use Variances and Major Variances. In all variance cases the decision may be appealed. DocuSign Envelope ID: A95D0A37-EAEF-467D-A246-E698B96FFFAA Page 2 Approval Criteria Reasonable Economic Use Variances Your reasonable economic uses variance application [pursuant to JCC 18.22.090] will be evaluated on the basis of the criteria listed in the relevant section of the Jefferson County Code (see JCC 18.22.090), and in some instances, inspection of the property. A reasonable economic use variance may be granted only if the applicant demonstrates all of the following: No reasonable economic use with less impact on the ESA or its buffer is possible; There is no feasible on-site alternative to the proposed activities that would allow a reasonable economic use with less adverse impacts to ESA’s or ESA buffers; The proposed variance will result in the minimum feasible alteration or impairment of the ESA; Disturbance of ESA’s has been minimized by locating any necessary alteration in ESA buffers to the minimum extent possible; The proposed variance complies with applicable Federal, State, and local law; There will be no material damage to nearby public or private property and no material threat to the health or safety of peopl e on or off the property; The inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this code. In instances where all of the above findings cannot be made, the application shall be denied. In granting any variance, the Administrator or Hearing Examiner (as applicable) may prescribe appropriate conditions and safeguards to assure that the purpose and intent of the JCC and the Jefferson County Comprehensive Plan will not be violated. Minor and Major Variances Your minor or major variance application will be evaluated on the basis of the criteria listed in the relevant section of the Jefferson County Code (see JCC 18.40.640), and in some instances, inspection of the property. A variance may be granted only if the applicant demonstrates all of the following:  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;  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;  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;  The special circumstances of the subject property make the strict enforcement of the provisions of this Code an unnecessary hardship to the property owner;  The special circumstances are not the result of the actions of the applicant; and  The variance is consistent with the purposes and intent of the Code. In instances where all of the above findings cannot be made, the application shall be denied. In granting any variance, the Administrator or Hearing Examiner (as applicable) may prescribe appropriate conditions and safeguards to assure that the purpose and intent of the JCC and the Jefferson County Comprehensive Plan will not be violated. The Administrator or Hearing Examiner (as applicable) may not grant a variance for the following:  The provisions of the JCC establishing allowed, conditional, discretionary and prohibited uses within the various land use districts (i.e., Table 3-1 in JCC 18.15. 040);  The density provisions of this code;  The procedural or administrative provisions this code; or  Any provision of this code which, by its terms, is not subject to a variance. Approval of the variance is effective for three (3) years from the date of original approval. If a building permit has not been issued within the three (3) year period, the variance approval will expire. DocuSign Envelope ID: A95D0A37-EAEF-467D-A246-E698B96FFFAA Page 1 DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment E-mail: dcd@co.jefferson.wa.us VARIANCE APPLICATION MLA # PROJECT/APPLICANT NAME: A variance is an exception from the general rule or standard and as such must be accompanied by sufficient reasoning to justify granting its approval. Granting a variance is based on a hardship presented by applying the standard to circumstances or conditions unique to the property rather than personal circumstances of the applicant and generally not experienced by other properties. A site plan must accompany the variance request. It needs to be no larger than 11 x 17 inches, suitable for copying, and graphically illustrate or identify the following features:  North arrow and engineer scale.  Development area (property boundary lines, section lines, etc.).  Property improvements (existing and proposed structures, utilities, septic tank and drainfield location, existing wells, etc.).  Property features (existing and proposed changes to topography and ground relief, vegetation, shoreline location, outstanding physical features, etc.)  Setbacks (required and proposed, if different).  Roads (State, County, and private) and easements (road, utility and others).  Other information that explains the variance request. The following questions will assist in the evaluation of the variance request: 1. From which standards are you requesting a variance? [Identify applicable Jefferson County Code section(s).] 2. Describe the requested variance. 3. Describe the proposed standard(s). 4. Describe the extraordinary conditions or unusual circumstances which exist on your property that would justify deviation from the standard (such as topographic features, parcel size and shape, drainage, etc.). Attach topographic photographs or topographic map showing unique features, etc. MARROWSTONE INN - ANDREW NORDSTROM See Attached See Attached See Attached See Attached DocuSign Envelope ID: A95D0A37-EAEF-467D-A246-E698B96FFFAA Page 2 5. Are these conditions unique to your property and not experienced by other properties in the area? (If yes, please explain.) 6. Were any of these conditions or circumstances caused directly by you? (If yes, please explain.) 7. Describe the hardship the standard places on the use of your property. 8. Is the deviation you request the minimum necessary to accomplish your project or is there another reasonable way to accomplish your project that would not require a variance? (Please explain.) 9. Describe how granting the variance will not be materially detrimental to the public health, safety, welfare, use, or interest, or injurious to property or improvements in the vicinity. 10. Is there anything else you would add which supports your request? ACKNOWLEDGEMENT By signing the application form, the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. Any material falsehood or any omission of a material fact made by the applicant/owner with respect to this application packet may result in this permit being null and void. (APPLICANT OR AUTHORIZED REPRESENTATIVE SIGNATURE) (DATE) [NOTE: Representative authorization is required if application is not signed by the Owner.] See Attached See Attached See Attached See Attached See Attached See Attached DocuSign Envelope ID: A95D0A37-EAEF-467D-A246-E698B96FFFAA 8/5/2021 HOEDEMAKER PFEIFFER 444444.1636/8608364.1 MARROWSTONE INN Variance Application 08.06.2021 From which standards are you requesting a variance? [Identify applicable Jefferson County Code section(s). 1) JCC 18.20.350.9a - Minimum parcel size is 10 acres 2) JCC 18.20.350.9b - Fifteen built cabins or bedrooms for overnight lodging comprising up to 6,000 square feet of gross floor space 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 Describe the requested variance. 1) Grant a conditional use permit for a Small Scale Recreation and Tourist Use - Rural Recreational Lodging for Overnight Rental with a parcel size of approximately 8.3 acres (See Appendix D – Land Area Calculation). 2) Grant a conditional use permit for a Small Scale Recreation and Tourist Use - Rural Recreational Lodging for Overnight Rental with more than the allowed 6,000 SF of gross floor area for every 10 acres – for the existing 11 rental cabins totaling 9,097 SF with an additional assembly space, garage with caretaker’s unit above, and three utility buildings totaling 4,459 SF (excluding manager’s residence per JCC 18.20.350.9b) within the property. See Appendix B. Describe the proposed standard(s). 1) JCC 18.20.350.9a - Minimum parcel size is 10 acres 2) JCC 18.20.350.9b - Fifteen built cabins or bedrooms for overnight lodging comprising up to 6,000 square feet of gross floor space 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 Describe the extraordinary conditions or unusual circumstances which exist on your property that would justify deviation from the standard (such as topographic features, parcel size and shape, drainage, etc.). Attach topographic photographs or topographic map showing unique features, etc. 1) The property has been continuously operated as a grandfathered, non- conforming beach resort since the 1940s. Originally only comprised of Parcel 921-084-011, the adjacent Parcel 921-084-010 was purchased in 1972 and combined to form t he 8.3 acres of property that make up the resort today(See A ppendix A and Appendix B). These 8.3 acres are in addition to 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 10 acre standard. The proposal does not add any significant new DocuSign Envelope ID: A95D0A37-EAEF-467D-A246-E698B96FFFAA HOEDEMAKER PFEIFFER 6113 13th Avenue South Seattle, WA 98108 206 545 8434 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 on the site while also permitting this longstanding use to remain economically viable. 2) The property has been continuously run as a beach resort with greater than the maximum 6,000 gross square feet of gross floor space for every 10 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 ). Are these conditions unique to your property and not experienced by other properties in the area? (If yes, please explain.) Yes. The property has historically and continuously been run as a grandfathered, non-conforming beach resort since the 1940s (See Appendix A ). There are no similar properties in the area with a similar use or history. The Marrowstone Inn is the only property of its kind in the vicinity and provides the only lodging facilities to the immediate surrounding community. The property is unique and it’s 80-year history as a recreation/vacation destination is an integral part of the area’s history as well as its character. Were any of these conditions caused directly by you? (If yes, please explain.) No – The property has historically and continuously been run as a grandfathered, 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 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. Describe the hardship the standard places on the use of your property. The property has been in continuous use as a beach resort since the early 1940s and has been an important part of the local community. Without granting these variances, 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 10 acre requirement in JCC 18.20.350.9a is unable to be met as there is no contiguous land available to increase the property to meet the standard. The structures already exist 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 DocuSign Envelope ID: A95D0A37-EAEF-467D-A246-E698B96FFFAA HOEDEMAKER PFEIFFER 6113 13th Avenue South Seattle, WA 98108 206 545 8434 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 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 operation of low impact recreation and tourist facilities. Is the deviation you request the minimum necessary to accomplish your project or is there another reasonable way to accomplish your project that would not require a variance? Yes, these variances are the minimum necessary to accomplish the project. The variances simply allow 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 is in need of many improvements such as renovation of the dwelling units, a new septic system, enhanced stormwater management, new parking, 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 and will only be accomplished through the granting of these variances to allow the viability of the property. Describe how granting the variance will not be materially detrimental to the public health, safety, welfare, use, or interest, or injurious to property or improvements in the vicinity. Granting of these variances will allow improvements to the property that will enhance public health, safety, welfare, use, and interest as well as adding value to properties in the vicinity. These variances will allow for improvements to the property including a new septic system to replace the existing systems that are currently failing and which intrude into the Wetland buffer. 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 has previously been tightly restricted. This renewed access will greatly benefit the community and provide access to important shorelines and wetland environments. Is there anything else you would add which supports your request? The rural area policies within the Countywide Planning Policies recognize that there are existing commercial facilities outside of the urban growth areas which deserve continuation. The variance and conditional use provisions are the mechanisms for implementation of these policies. The variance process DocuSign Envelope ID: A95D0A37-EAEF-467D-A246-E698B96FFFAA HOEDEMAKER PFEIFFER 6113 13th Avenue South Seattle, WA 98108 206 545 8434 recognizes that the existing use and total square footage of the existing structures s hould be allowed to continue within the existing land footprint albeit a slightly smaller parcel than the current minimum. If granted, the proposed project will provide significant environmental, public health and safety, economic and recreational benefits—all without adversely impacting nearby residents. Environmental benefits include - protection of wetlands and other critical areas through construction of a new septic system and relocation of the drainfield upland - installation of native trees and planting, - reducing impervious surface area within critical areas and slowing s tormwater runoff to help biofiltration Public safety benefits include - delivery of regional domestic water supply - installation of a fire hydrant to better serve the resort and the surrounding community. - Improved vehicular circulation with a one-w ay in, one-way out access road - L ocating parking fa rther away from critical areas Economic and recreation benefits include - continuation of the resort and the jobs that the resort and restaurant provides - potential for events where additional public access would be welcomed. - A restaurant to provide additional recreational opportunities to local residents - R enewed access for local residents to walk along shoreline and tidelands during low tide The granting of these variances would allow a longstanding to update facilities and in doing so find new way s to contribute to the character of the community. DocuSign Envelope ID: A95D0A37-EAEF-467D-A246-E698B96FFFAA