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Home My WebLink AboutPRE2022-00020 COMMUNICATIONSDate: 7/20/2022 Invoice ID: 2022PRE2022-00020 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street | Port Townsend, WA 98368 360-379-4450 | email: dcd@co.jefferson.wa.us www.co.jefferson.wa.us/commdevelopment Invoice Date Due: 8/19/2022 REMIT TO: BILLING ADDRESS: Please return the above portion with your payment Zoning Pre-Application DCD018 510.00 Scanning Fee DCD022 25.50 Tech Fee DCD003 26.78 $562.28Total Amount Due: Jefferson County DCD 621 Sheridan St. Port Townsend, WA 98368 ROBERT H PALMER JR QUILCENE WA 98376-0873 PO BOX 873 Permit Number: PRE2022-00020 Zoning Pre-Application DCD018 510.00 Scanning Fee DCD022 25.50 Tech Fee DCD003 26.78 Total Amount Due:$562.28 Payment is accepted by cash, check, debit or credit card (Visa, Mastercard, Discover). To pay by credit card, go to http://www.co.jefferson.wa.us/617/Credit-Card-E-Check-Payments-for-Permits, and click on the "Online Credit Card & echeck Payments" link on the left side of the page. For questions: call 360-379-4450. September 12, 2022 ROBERT H PALMER JR PO BOX 873 QUILCENE WA 98376-0873 RE:SITE ADDRESS: 1954 EAST QUILCENE RD CASE #: PRE2022-00020 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street | Port Townsend, WA 98368 360-379-4450 | email: dcd@co.jefferson.wa.us www.co.jefferson.wa.us/commdevelopment Dear ROBERT H PALMER JR: The Department of Community Development is in the process of reviewing your application. The following information is needed to continue review of your project. (1) PATIO: According to the Palmer Pre-Application Conference Application (received July 14th, 2022), the proposed new patio is located “immediately adjacent to the (west) front steps concrete landing”. Please verify if the patio is proposed to be attached to the existing single-family residence, or if the patio is proposed to be completely detached from the existing single-family residence. This clarification will assist in determining the appropriate permitting path for the proposal. (2) WETLAND REPORT: The “Palmer Site Map” included in the Palmer Pre-Application Conference Application (PRE2022-00020) appears to have been prepared by Marine Surveys and Assessments. Was this map included in a complete Wetland Delineation Report? Please submit the most recent version of ALL special reports prepared for the subject property to the assigned planner (Ms. Hunt). Please submit the above information to the Department of Community Development within 90 days of the date of this letter which would be 12/11/2022. Please call 360-379-4450 to speak with the assigned planner if you have any questions. Sincerely, _____________________________________ Department of Community Development Staff Amanda Hunt 1 Amanda Hunt From:Amanda Hunt Sent:Monday, October 3, 2022 4:10 PM To:Bob Palmer Cc:Jill Cooper Subject:RE: Wetland Reports Hi Mr. Palmer, Good Afternoon‐ After speaking with the DCD Staff Biologist, under the Type III Shoreline Variance Permit process a CASP with a performance bond would not be required. Not Net Loss requirements will be addressed by your hired biologist in the Habitat Management Plan. The patio will not be considered a “grandfathered use” because it is considered to be abandoned per JCC 18.25.660(1)(d). According to the applicant’s permit application, the patio has been discontinued and/or abandoned for a period more than two years, and therefore cannot be considered a legal non‐conforming structure. For new, waterward development in the 150 foot shoreline buffer, a Type III Shoreline Variance will be required. Notice of Application criteria, including a public notice and written public comment (30 days), is required for the Type III Permit Process. The Type III Permit Process also triggers a notice of public hearing and the associated public hearing, where the Hearing Examiner shall make a final County decision (JCC 18.40.280(4)). The decision shall also be forwarded to the Department of Ecology (DOE) who shall make the final decision for the variance permit. Are you still interested in scheduling the Pre‐Application Conference? Thank you! Best, Amanda H. Amanda Hunt Assistant Planner ahunt@co.jefferson.wa.us From: Bob Palmer <bobpalmermd@gmail.com> Sent: Wednesday, September 21, 2022 6:12 PM To: Amanda Hunt <AHunt@co.jefferson.wa.us> Cc: Jill Cooper <jill@msaenvironmental.com> Subject: Re: Wetland Reports ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Amanda, If a Critical Areas Stewardship Plan includes posting a bond I am probably not interested in proceeding. If a Critical Areas Stewardship Plan involves mitigation planting, I am interested in proceeding. My position on this is I am asking to be grandfathered in, based on the previous patio. 2 Thank you, Bob Palmer Sent from my iPhone On Sep 21, 2022, at 2:39 PM, Amanda Hunt <AHunt@co.jefferson.wa.us> wrote: Hi Bob, Good Morning‐ Jill and I had the chance to talk over the phone yesterday afternoon. She clarified that the site plan included in the Pre‐Application Conference Application (PRE2022‐00020) was a part of the “in progress” wetland report. I therefore will not be asking for a full wetland report prior to the Pre‐ Application Conference. She also clarified the proposed distances from on‐site or adjacent streams and wetlands to the proposed patio. Based on our conversation, it sounds like a Critical Area Stewardship Plan may be required. We will discuss this process at the Pre‐Application Conference. I will be out of the office next week due to a Public Hearing. I will therefore not have time to schedule the Pre‐Application Conference until October 2022. I am planning to meet with the DCD Staff Biologist one more time on October 3rd to finalize our conference notes and the correct permitting path for the proposal. After my meeting with the DCD Staff Biologist, I will provide another update and hopefully get the conference date on both of our calendars in a timely manner. Thank you for your patience with our process! Best, Amanda H. Amanda Hunt Assistant Planner ahunt@co.jefferson.wa.us From: Jill Cooper <jill@msaenvironmental.com> Sent: Tuesday, September 20, 2022 11:00 AM To: Bob Palmer <bobpalmermd@gmail.com>; Amanda Hunt <AHunt@co.jefferson.wa.us> Subject: Re: Wetland Reports ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello Amanda and Bob, I advised Bob against having us start our wetland and critical areas reports until we for sure know what reports are needed for the project to move forward. I realize a wetland report will likely be needed regardless of how the project goes, but we are unclear whether the county will require a CASP/HMP, or 3 see the patio as grandfathered in. If the project does end up needing a larger report, it's more efficient for us (and thus more cost effective for the client) to write one combined report, rather than multiple reports with overlapping information. Does that make sense? For the purposes of the Pre‐application meeting, I think the most important piece of information is the map that we already provided, which shows the type of wetland (category rating) and its buffer zone, along with all critical areas location and buffers. I'm happy to provide the delineation data sheets and rating worksheet if needed, since those were completed to create the map. Let me know if the map will suffice, or if the report is truly needed prior to the pre‐application meeting. Thanks, ~Jill Cooper~ (she/her) Wildlife Biologist & Project Manager Marine Surveys & Assessments Jill@msaenvironmental.com Office: 360-385-4073 On Mon, Sep 19, 2022 at 2:23 PM Bob Palmer <bobpalmermd@gmail.com> wrote: Hi JIll, I received the following from Amanda Hunt on 09/12/2022: Amanda Hunt To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Attachments Mon, Sep 12, 3:1 to me To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.http://images/cleardot.gif Hi Mr. Palmer, Good Afternoon- Please see the attached PDF to review the Jefferson County Department of Community Development (“DCD”) Additional Information Request Letter regarding the Palmer Pre-Application Conference Application (PRE2022- 00022). Jefferson County DCD cannot move forward with permit review until all the requested additional information has been submitted. Additional information is due on 12/11/2022. 4 If you have any questions about the process moving forward, please let me know and I would be happy to clarify. Please note that the best way to reach me is over email. Best, Amanda H Amanda Hunt Assistant Planner Jefferson County Community Development Phone (Desk): 360-379-4458 Monday-Friday 8AM-4PM ahunt@co.jefferson.wa.us My response on 09/12/2022: Amanda, Thanks for your letter. The answer to Question #1 is yes, the patio will be attached to the house. I will request that Marine Surveys forwards their latest reports. Best regards, Bob Palmer 5 I forwarded the following map (PalmerSiteMap_8.4.22.pdf): Today I received this communication from Amanda Hunt: Hi Bob, Good Morning- Thank you for submitting the requested additional information! Jefferson County DCD will need to review the past Wetland Reports to help determine the appropriate permitting path forward for your proposal. For this reason, I will not schedule the Pre-Application Conference until those reports are submitted. Thank you! Best, Amanda H. Amanda Hunt Assistant Planner ahunt@co.jefferson.wa.us So, apparently Amanda Hunt needs to review the past Wetland Reports. Do you have these? Let me know? Bob 1 Amanda Hunt From:Bob Palmer <bobpalmermd@gmail.com> Sent:Tuesday, October 18, 2022 6:56 PM To:Amanda Hunt Cc:Rothwell, Rebecca (ECY); Donna Frostholm; Jill Cooper; Carp, Lizzie (ECY) Subject:Re: Palmer Pre-Application Conference (PRE2022-00020) ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Rebecca, Amanda, et al, I appreciate this opportunity to have a virtual meeting on November 2nd. I have concerns about misconceptions and prejudging. I have spoken with family members about their recollection about the size of the previous concrete patio. They recall it being closer to 900 sq ft rather than 400 sq ft. No one recalls actually measuring it. The previous patio, poured 04/06/1952 was just feet from the creek. It was shaded by multiple trees and has never been visible by satellite. I have submitted photos that confirms the previous patio’s existence. Google Earth will not be helpful in establishing a time frame. We need to find a way to ‘yes’. The property is less than 180’ wide, so a 160’ set back is a nonstarter. My proposed patio is 80’ from the creek and 160’ from the MHW mark (on the northern side). I am willing to install plantings to mitigate some setback requirements. I look forward to this opportunity to find a mutually acceptable solution. Bob Palmer Sent from my iPhone On Oct 18, 2022, at 3:51 PM, Amanda Hunt <AHunt@co.jefferson.wa.us> wrote: Yes, please go ahead and do so. Thank you! Amanda Hunt Assistant Planner ahunt@co.jefferson.wa.us From: Rothwell, Rebecca (ECY) <rebs461@ECY.WA.GOV> Sent: Tuesday, October 18, 2022 3:35 PM To: Amanda Hunt <AHunt@co.jefferson.wa.us>; Bob Palmer <bobpalmermd@gmail.com> 2 Cc: Donna Frostholm <DFrostholm@co.jefferson.wa.us>; Jill Cooper <jill@msaenvironmental.com>; Carp, Lizzie (ECY) <lcar461@ECY.WA.GOV> Subject: RE: Palmer Pre‐Application Conference (PRE2022‐00020) ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Amanda, I’ve had technical issues with GoTo Meeting. Would you mind if I sent out an invite on MS Teams? Rebecca Rothwell, Shoreline Planner WA Department of Ecology | cell: 360‐810‐0025 This communication is a public record and may be subject to disclosure per RCW 42.56. From: Amanda Hunt <AHunt@co.jefferson.wa.us> Sent: Tuesday, October 18, 2022 2:43 PM To: Bob Palmer <bobpalmermd@gmail.com>; Rothwell, Rebecca (ECY) <rebs461@ECY.WA.GOV> Cc: Donna Frostholm <DFrostholm@co.jefferson.wa.us>; Jill Cooper <jill@msaenvironmental.com>; Carp, Lizzie (ECY) <lcar461@ECY.WA.GOV> Subject: RE: Palmer Pre‐Application Conference (PRE2022‐00020) Hi Bob, Good Afternoon‐ Based on your last response, it sounds like you are still interested in attending the Pre‐ Application Conference (PRE2022‐00020). As a reminder, the meeting will be held over a virtual phone call (Go To Meeting). The meeting link is available in the invitation email. DCD Staff will open the meeting at 2:00 PM on Wednesday, November 2nd. The meeting will last for an hour or less, depending on questions the applicant may have for staff. Please let me know if you have any questions or concerns. DCD Staff looks forward to everyone’s attendance on November 2nd. Thank you! Best, Amanda H. Amanda Hunt Assistant Planner ahunt@co.jefferson.wa.us From: Bob Palmer <bobpalmermd@gmail.com> Sent: Sunday, October 16, 2022 6:44 PM To: Rothwell, Rebecca (ECY) <rebs461@ecy.wa.gov> Cc: Amanda Hunt <AHunt@co.jefferson.wa.us>; Donna Frostholm <DFrostholm@co.jefferson.wa.us>; Jill Cooper <jill@msaenvironmental.com>; Carp, Lizzie (ECY) <lcar461@ecy.wa.gov> Subject: Re: Palmer Pre‐Application Conference (PRE2022‐00020) ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. 3 Amanda, Appointment confirmed. Video conference format. Bob Sent from my iPhone On Oct 14, 2022, at 2:18 PM, Rothwell, Rebecca (ECY) <rebs461@ecy.wa.gov> wrote: Amanda, thank you for bringing this proposal to my attention. Mr. Palmer, I just talked with Amanda, and she told me about the history of your parcel and the deck that was previously there. I wanted to follow up with you before we schedule a meeting or site visit to explain some permitting requirements under the Shoreline Management Act and Jefferson County’s Shoreline Master Program (SMP). Currently the required buffer is 150 feet, and the development setback is 10 feet, for a total of 160 feet. This means that all development proposed within shoreline jurisdiction has to be set back at least 160 feet from the ordinary high water mark (which is similar to the high tide line). Your house was permitted in 2012, when the required buffer and setback width was smaller, so the house is now situated within the buffer that is required under the current SMP. Even though there may have previously been a deck in this location, it is not there now, nor has it been for many years (according to Google Earth aerial photos). Therefore, a deck within the buffer would be considered new development. Any proposal for new development within the buffer would require a special type of shoreline permit called a variance. In order to be eligible for a shoreline variance permit, the proposal must meet all the criteria in Washington Administrative Code (WAC) 173‐27‐170 and the variance criteria in the county’s SMP. The WAC criteria include the following: (a) That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reasonable use of the property; (b) That the hardship described in (a) of this subsection is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant's own actions; (c) That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; (d) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; (e) That the variance requested is the minimum necessary to afford relief; and (f) That the public interest will suffer no substantial detrimental effect. 4 The proposed deck would not meet all these criteria. For (a), you already have reasonable use of the property with your house. For (b), the parcel doesn’t have unique conditions that are preventing reasonable use of the property. For (d), allowing development within the buffer when there is already reasonable use would be a grant of special privilege. For (e), the minimum necessary already exists, and that is the house itself. For (e), the cumulative effects of shoreline development do cause a detriment to the public interest, which is partially why the buffers and setbacks in the current SMP are 160 feet in order to protect and preserve shoreline functions. You are free to apply for a variance permit, but please note that both the county and Ecology must make a decision on the permit. It is unlikely the county could approve a variance because the proposal does not meet the variance criteria. Ecology would not be able to approve the variance request for the same reason. Please let me know if you have any questions. Rebecca Rothwell, Shoreline Planner WA Department of Ecology | cell: 360‐810‐0025 This communication is a public record and may be subject to disclosure per RCW 42.56. ‐‐‐‐‐Original Appointment‐‐‐‐‐ From: Amanda Hunt <AHunt@co.jefferson.wa.us> Sent: Friday, October 14, 2022 12:05 PM To: Donna Frostholm; Jill Cooper; Rothwell, Rebecca (ECY); Carp, Lizzie (ECY); Bob Palmer Subject: Palmer Pre‐Application Conference (PRE2022‐00020) When: Wednesday, November 2, 2022 1:30 PM‐3:00 PM (UTC‐08:00) Pacific Time (US & Canada). Where: GTM or In Person (Pending) Agenda: Discuss permitting path for a new patio in the Residential Shoreline Environmental Designation. 1. Meet Virtually or On‐Site @ 1:30 PM 2. WA Department of Ecology Review 3. Land Use Review 4. Questions Debrief 5. End conference by 3:00 PM County Attendees: Amanda Hunt & Donna Frostholm – Department of Community Development State Attendees: Rebecca Rothwell & Lizzie Carp – WA State Department of Ecology Applicant/Attendees: Robert H. Palmer – Property Owner Time and Date: Wednesday, November 2nd, 2022 1:30 PM – 3:00 PM Property Location: Parcel #701194010; Section 19 – Township 27N – Range 1W; S19 T27 R1W TAX 49 & TL TAX J4; 1954 East Quilcene Rd, Quilcene, WA 98376 Description of Proposal: Mr. Palmer is proposing a new concrete patio on his shoreline adjacent property. The new patio would be replacing a demolished patio (removal in April – May 2020) that was originally built in 1952 by the previous property owner. The proposed concrete patio (L 33.5 ft x W 26 ft) will be considered a new structure for permitting purposes because the previous patio was (a) located in a different location, 5 (b) is proposed to be approximately 871 square feet (original was approx. 400 square feet), and (c) the patio was not permitted in conjunction with 2010 Single Family Residence Building Permit Application (BLD2012‐00010). The new concrete patio is proposed to be located waterward and connected immediately adjacent to the western stairs of the existing residence. All project components are located in the Residential Shoreline Environmental Designation, and are approximately 100 feet from the Ordinary High‐Water Mark (“OHWM”) of Quilcene Bay and 70 feet from the northern stream. The applicant’s goal of this Pre‐Application Conference is to discuss the permitting path for a new concrete patio within the Shoreline Jurisdiction and Critical Area Buffers.