The URL can be used to link to this page

Home My WebLink About11 November County Health & Human Services HEALTH BOARD MINUTES NOVEMBER 26, 1996 CITY OF PORT TOWNSEND REPRESENTATIVE: Ted Shoulberg, City Council Member STAFF MEMBERS: David Specter, Director ofHea1th and Human Services Jean Baldwin, Director of Nursing Services Larry Fay, Director of Environmental Health Chester Prudhomme, Director of Substance Abuse Thomas Locke, M.D., Health Officer BOARD MEMBERS: Robert Hinton, Chairman Richard Wojt, Member Glen Huntingford, Member The meeting was called to order by Chairman Robert Hinton. The following Board and staff members were present: Commissioner Richard Wojt, David Specter, Lany Fay, Jean Baldwin, Chester Prudhomme, Judi Morris, and Ted Shoulberg. Health Officer Thomas Locke, M.D. was not present. Commissioner Glen Huntingford arrived shortly after the meeting began. APPROVAL OF MINUTES: Commissioner Wojt moved to approve the minutes of October 22, 1996 as presented. Chairman Hinton seconded the motion in the temporary absence of Commissioner Huntingford. The motion carried. PUBLIC COMMENTS: No public comments. DIRECTOR'S REPORT FINANCIAL REPORT: David Specter stated that the Health Officer submitted a memo with the Board's packet since he could not attend this meeting. He reported that 83.6% of the budget has been expended and 83% of budgeted revenues have been collected as of November 1, 1996. Both expenses and revenues are in line with budget projections. David Specter added that newspaper clippings of public health related articles have also been included for the Board's review. HEALTH DEPARTMENT 3601385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE CENTER 360/385-9435 FAX 360/385-9401 HEALTH BOARD MINUTES - NOVEMBER 26,1996 Page: 2 NURSING DIRECTOR'S REPORT PROGRAM UPDA TE: Jean Baldwin reported that last year Judi Morris wrote a grant for a software system that would integrate the Quilcene clinic as well as several other out stations. The Health Department is in the process of buying the software and will be installing it in December and January. One of the systems will be shared with the Permit Center and other County agencies. They are also beginning a data process system that will allow the Health Department to share immunization records with private providers. Centralizing these records will be a long process, so the Board will be updated as it progresses. At a program sharing meeting of agencies that received Rural and Community Health Foundation Grants, Jefferson County was shown as a model for determining how to share information. A great deal of positive feedback resulted from the meeting. COMMUNITY MOBILIZATION: Jean Baldwin stated that she provided the Board with copies of the agenda for the Community Mobilization project meeting which took place on Thursday, November 14, 1996 at Fort Worden, and copies of the data that was shared. Close to 200 individuals attended the meeting. David Goldsmith was present on behalf of the County. She reported that a summary statement will also be sent to the Board. The Community Mobilization Planning Team met today to discuss the next step. The plan is to continue to publish the summary information and look at programs in February. ALCOHOL AND DRUG ABUSE DIRECTOR'S REPORT PROGRAM UPDATE: Chester Prudhomme reported that client intake this year is up 3 Y:z%. He expects the final count to be around 275. In the past the average number of clients per year has been approximately 290. Substance abuse fees are down partially due to the lack of clients. Chester believes the number of clients is down because the number ofD.W. I. citations and convictions are down. Discussion ensued regarding fees for substance abuse services and private organizations which provide these same services. David Specter stated that Commissioner Wojt had suggested that the Health Department look at opportunities to involve the City and the community in public health policy development. The analysis has not yet been done, however, there are a number of different options to consider. One of those options would be to establish a community advisory board to the local Board of Health. Commissioner Wojt stated that this would allow the City to actively participate in determining the nature of regional sefV1ces. ENVIRONMENTAL HEALTH DIRECTOR'S REPORT APPEAL OF ADMINISTRATIVE DECISION TO DENY BUILDING PERMIT: JANET STIMACH: Lany Fay reported that the Health Department denied a building permit due to inadequate sewage capacity. The property is located at 351 Margaret Street, Port Ludlow (Shine area). The applicant Janet Stimach is represented by Thomas J. Majhan, Attorney at Law. Copies of the correspondence and a chronology of events have been provided to the Board for review. HEALTH BOARD MINUTES - NOVEMBER 26, 1996 Page: 3 Larry Fay continued by stating that the property contains a two bedroom house which was constructed in 1981. The house is served by an outside sewage system which was installed prior to 1970 when there were no County permitting requirements. In 1978 the previous owners of the property applied to the County for a building permit for a two bedroom residence. According to Health Department records, the plot plan submitted with the application showed a garage and a mobile home located on the property along with the septic tank and well. The building permit was approved based on the use of that existing system. In 1981 the same owners applied for a building permit for the construction of two bedroom permanent residence. Again the Health Department inspected the sewage system and determined it was functioning properly within its capacity to serve a two bedroom residence and approved the building permit. During this period oftime the garage was constructed on the property. It was not indicated on either building permit application in 1978 or 1981 that the garage contained living quarters, so it was treated strictly as a garage during inspection and review by the Health Department. The capacity of the sewage system to handle two residences was never considered. In mid 1996 the property was purchased by Janet Stimach who began to do some work on the garage. On September 24, 1996 a "stop work" order was placed on the site by the Jefferson County Building Department and a copy was sent to the Health Department. On October 2, 1996 Ms. Stimach applied for a building permit to make repairs to the garage however, the permit stated "repair the guest house". The proposed repairs to the garage would classify it as an accessory dwelling unit under the current zoning regulations. This change in classification constitutes an expansion of the existing system which requires compliance with the current onsite sewage regulations. For this proposed expansion the onsite sewage regulations require primary and reserve drain field areas. The Health Department recommends denial of the building permit based on non-compliance with current regulations. Chairman Hinton asked if the proposed changes to the garage/guest house are just a remodel and not an expansion? Lany Fay explained that there are no permit applications on file with the Health Department that indicate the garage included living quarters. Health Department records only show a garage with plumbing and that the sewage system was inspected based on the one residence with two bedrooms. There is a question of whether or not there has always been an apartment in the garage. According to the records in the Assessor's office there were some facilities in the garage. While assessing property, appraisers report what they see, they do not necessarily check to insure buildings are properly permitted. Chairman Hinton asked when the garage/guest house was constructed? That is not part of the Health Department's record, but may be obtained from the Assessor's office, Larry Fay replied. Linda Atkins added that the plans submitted with the applications in 1978 and 1981 both indicate the garage was in place. There is no record of a building permit for the garage on file with the Health Department. She believes the garage may have been constructed prior to 1970 and before building permit requirements were established. The appellant's attorney Thomas Majhan stated that it was built in 1969 as a guest house. The previous owners used it on the week-ends as a part-time summer residence. Mr. Majhan presented photographs of the guest house for the Board to review. According to records in the Assessor's office this building has always been appraised as a one bedroom cabin. In 1982 the previous owners completed the construction of the permanent two bedroom residence. Since then the property has been assessed as containing two residences (three bedrooms total) and the sewage system has been functioning properly. When Ms. Stimach purchased the property in July of 1996 she wanted to make repairs to the guesthouse, which turned out to be more extensive than she had expected. He stated that Ms. Stimach does not want to increase the number of bedrooms, she is just increasing the living area. Ms. Stimach hired a licensed septic system installer/pumper to inspect the sewage system and no problems were found. Based on the HEALTH BOARD MINUTES - NOVEMBER 26, 1996 Page: 4 fact that there is nothing wrong with the sewage system and the system has been functioning properly with three bedrooms since 1982 they feel the building permit should be approved. Linda Atkins stated that it is not uncommon when developing property for owners to build a garage initially with a toilet and use it as temporary living quarters while a residence is being constructed. However, this temporary use does not give a garage any long term permanent status as a guest house. Thomas Majhan stated that if the building was strictly intended for temporary use, the previous owners would not have built it up to such a high scale. Chairman Hinton stated that at the time it was constructed it must have been connected to the septic system and always used as living quarters. Linda Atkins stated that she does not know that. Health Department records only show the building is a garage and those records were provided by the property owners. Commissioner Wojt asked if there is anyone that knows exactly what was built on the property originally? Linda Atkins stated that she is not sure, however, the property has been vacant for a number of years. Commissioner Huntingford asked if the building had a garage door at one time? Janet Stimach answered that it did. Ms. Stimach stated that all aspects of this building look like a house. There are drapes on the windows and a chimney for a stove. She presented more photographs of the building taken in July for the Board to review. Commissioner Wojt stated that the building may have been used as a garage and looked a lot different in 1978 and 1981, than it does now, and there is no one here verifY what it actually looked like at that time. Ms. Stimach stated that she realizes that, however, she has owned a lot of real estate and in the process of making the repairs she has seen every inch of the building and it does not appear that anything was ever changed. It looks as though all the original materials are in place and there is no evidence of patchwork. In talking with neighbors and the daughter of the original owners, she is able to provide some background. The original owners purchased the property in the late 1960's and built the guest house/garage to be used on the weekends. As time went by they spent more and more time there and decided to place a residence on the property and still use the guest house/garage for their visiting children and grandchildren. The wife passed away before her husband (Ms. Stimach does not know the exact date) and approximately five years ago the husband killed himself on the property. The daughter who was obviously quite distraught, did not know what she wanted to do with the property. She did not want to sell the property, yet she was very upset with how her father passed away. This is why the property sat vacant for awhile (approximately 5 years). Other than this period, the building has been in use continuously. Eventually, she decided to sell the property. The real estate listing and the information from the title company stated the property contained a two bedroom house and a guest house. She physically visited the property which clearly appears to contain a two bedroom house and guest house and even the Assessor's records state the property contains a two bedroom house and a one bedroom cabin. Ms. Stimach then explained the renovation. Since the building had not been used in a while there was evidence of mice inhabitance. Her initial intentions were to basically clean up and replace a few items. However, as she began, she found the whole building was insulated and behiIld the insulation were several mice droppings which can be dangerous to your_ health, if not deadly. One thing led to another and before she knew it this was becoming a major project. As long as the repairs were being made she thought she might as well make it bigger and better. With this becoming a major renovation she figured that she had better get a building permit. A "stop work" order was issued the very next week, before she had the chance to get the plans drawn up and submitted. HEALTH BOARD MINUTES - NOVEMBER 26, 1996 Page: 5 Linda Atkins stated that she conducted an inspection inside the building and drew a rough sketch of the dimensions based on her observations. The previous living area was approximately one-third of the total building area. Ms. Stimach is proposing to frame in the majority of what was the garage in order to enlarge the living area and have a small storage area. Linda Atkins stated that there was never a separate bedroom in this building. Ms. Stimach concurred, stating that it was a studio. Chairman Hinton stated that it is not the square footage of living space that affects the size of the septic system it is the number of bedrooms. Linda Atkins agreed and stated that an accessory dwelling unit has, by definition, a bedroom, regardless of whether or not it is a separate room. The definition of an accessory dwelling unit is: "a separate dwelling unit with separate cookingfacilities that is substantially contained within the structure of a single family residence or an outbuilding which is accessory to such residence. " Chairman Hinton stated that increasing the size of the living space is not relevant as far as siting the septic on this property. Larry Fay replied that there is a certain amount of discretion in evaluating system capacity with regard to usage. This expansion makes this building more residential with a higher potential to be used as a residence rather than being used on a temporary basis. Larry Fay added that there are a couple of issues which are significant to the Health Department: 1) During the review in 1978 and 1981 there was no mention of the garage being anything other than just a garage and what existing use might be on that system, or that the building permits were over and above the current use; 2) The site itself, located at the end ofsand spit makes the installation of a conforming system an impossibility. Linda Atkins stated that unless an area offset is located to install a conforming system a waiver from the Onsite Sewage regulations would be necessary due to the inability of the site to meet the requirements for setbacks from surface waters and probable high water table in that area. Such a waiver would most likely need to be reviewed by the State Department of Health and it is possible that they still would not be able upgrade the level of treatment to mitigate the reduced setbacks. The system is approximately 46 feet from the canal that runs behind the property and under 100 feet on all other sides from Squamish Harbor. Lany Fay stated that if this expansion is permitted with the existing system that may not have the capacity to handle the expansion and the system fails, then the County must deal with a non-conforming repair which would exacerbate a situation on a sensitive site. Commissioner Wojt asked what the anticipated use of the building will be? Ms. Stimach stated that her maintenance worker will buy into her property with sweat equity and use the guest house/garage on weekends. Commissioner Huntingford asked if the system could be replaced if it fails five years from now? Linda Atkins answered no, and stated that there are no systems which would meet current Onsite Sewage Regulations. It would be a non-conforming system. Commissioner Huntingford stated that if the system failed Ms. Stimach would be facing far bigger problems than she is currently facing. Discussion ensued regarding the types of treatment systems available. Thomas Majhan stated that we have systems today that were not in use five years ago, so there may be newer and better systems in use five years from now that would take care of problems such as these. He does not feel that they should look at what might happen in the future, but rather look at the history. There has been three bedrooms on that system since 1981. It has not failed. It recently passed all the dye tests conducted on it. The number of bedrooms is not increasing. There is no change. HEALTH BOARD MINUTES - NOVEMBER 26, 1996 Page: 6 Chairman Hinton asked if Ms. Stimach is expanding the footprint of the building or just remodeling the interior. Ms. Stimach replied that she is just remodeling the interior. The original living area was between 300 to 400 square feet. She is proposing to increase that area to approximately 700 square feet. Ms. Stimach stated that she does not have a problem with scaling back. Linda Atkins stated that as long as the living area is not being expanded they do not have to meet current regulations and Ms. Stimach could continue to remodel or improve the building in its original configuration. Commissioner Huntingford asked if the building contained a complete bathroom facility with toilet, shower, sink, etc.? Ms. Stimach replied that when she purchased the property it contained a toilet but no shower. In closing Ms. Stimach added that if this building was not a house, then the previous owner would have done something about the fact that it was being assessed as a house for years and would not have paid those kind of taxes on it. Thomas Majhan stated that the building has been assessed as a cabin with one bedroom since 1969. It has been connected to the septic system since 1981. Appraisers physically visit property. At one time an appraiser saw a bedroom, despite what the Health Department's records indicate. Commissioner W ojt asked about the dye testing with regard to the lack of septic system use over the past five years? Randy Bauer, the licensed septic system installer/pumper hired by Ms. Stimach to inspect the system, explained how he dye tested the property. Commissioner Wojt stated that he has not heard any facts which support overruling the Health Department's recommendation to deny the building permit. Chairman Hinton stated since the building was constructed before there were any permit requirements it is currently non-conforming and since it has been assessed over the years as a cabin with a bedroom, with a bathroom, he would argue that the use is grandfathered. Commissioner Huntingford asked whether or not Ms. Stimach could get a building permit to restore the building back to its original configuration and use? Chairman Hinton stated that the expansion is the interior, not the footprint of the building or number of bedrooms. Linda Atkins stated that the definition of an expansion is: "It causes an onsite sewage facility to exceed its treatment or disposal capability, for example when a residence is increased from a two to three bedroom.", which is potentially the case here. The Health Department believes that increasing that much living space, constitutes an expansion. Linda Atkins stated that she doesn't see why Ms. Stimach wouldn't be allowed to put the structure back as it was prior to construction, however, it would need to be determined by the Permit Center if putting the kitchen back in would still constitute an accessory dwelling unit. Ted Shoulberg asked if there was a kitchen in the building? Ms. Stimach stated there was a stove, refrigerator and a sink. Ms. Stimach showed pictures of the sink, stove and entrance to the bathroom. Linda Atkins stated that if a building permit was issued and it had to be called an accessory dwelling unit, then such a designation would constitute it having a bedroom. Commissioner Huntingford stated that it appears that it has been an accessory dwelling unit for some time, no matter how it started out. Linda Atkins agreed, but added that such a use for this building is not sanctioned. HEALTH BOARD MINUTES - NOVEMBER 26, 1996 Page: 7 Chairman Hinton stated that accessory dwelling units were not sanctioned until last year. Linda Atkins stated that second residences were sanctioned. Commissioner Huntingford stated that he understands both arguments. He moved to consider the building an existing, legal, non-conforming use and issue a building permit to allow Ms. Stimach to restore the building to its original condition and use as far as utilities for sink, toilet, shower, those type of things. So what ever the previous use was, go back to that previous use, and no expansion of those uses. Commissioner Wojt seconded the motion for discussion. Lany Fay asked for clarification of the motion in more specific terms. He stated it needs to be determined and agreed upon what the historic configuration was. It is known that some portion of it was finished. There are pictures to that effect. There was a stove, refrigerator, and a bathroom that did not have a shower. Larry Fay asked ifit had a bathtub? Ms. Stirnach replied no, just a toilet. Lany Fay stated it was in a studio configuration, without a separate bedroom. Lany Fay asked if the motion is to issue a building permit to reconstruct and make the building useful in that manner with the same square footage offinished area? The Board concurred. Lany Fay asked Ms. Stimach if that is how she understands the motion? Ms. Stimach stated "I guess so." She stated that she does not know what the exact square footage was prior to the construction. Lany Fay stated that between them they could determine the square footage. Ms. Stimach agreed, stating that she believes they have a working relationship and can work out the minor details. Thomas Majhan stated that the Assessor listed it as a full bathroom. Larry Fay repeated full bathroom? Thomas Majhan stated yes, as opposed to a half. Chairman Hinton asked Commissioner Huntingford ifhe wanted to amend his motion to state that rather than rebuild to what the existing structure was, allow some resolution between the appellant and the Health Department as to what the existing or permitting use can be now? or not? Commissioner Huntingford stated that he does not think that it needs an amendment. Commissioner Huntingford asked if Commissioner W ojt thinks it needs to be amended. Commissioner W ojt stated that what he thinks the Board is saying in the motion is that if the structure is put back to its previous condition, which is with a bathroom, a stove, and a kitchen, in a studio configuration of approximately 300 square feet, then it would not be considered a major expansion and this would go away unless the septic system failed. Chairman Hinton called for vote on the motion. Commissioner Huntingford and Chairman Hinton voted for the motion. Commissioner Wojt voted against the motion. The motion carried. APPEAL OF ADMINISTRATIVE DECISION TO DENY A REOUEST FOR A VARIANCE FROM ,JEFFERSON COUNTY CODE. SECTION 8.05.120: DOUG LAMY: Larry Fay explained that Mr. Lamy has applied for permit to open a restaurant at 126 Quincy Street, Port Townsend (where the Silver Water Cafe was previously located-behind the Town Tavern). Mr. Lamy has submitted plans to the Health Department and the City building official for review. During review the issue of adequate restroom facilities was raised. In response, Mr. Lamy requested an administrative review of a variance from the Jefferson County Health Department Rules and Regulations Ordinance, Food Service Sanitation Section IV.l.a, which requires that "all facilities that are constructed or reconstructed shall have toilet and hand washing facilities for each sex, and which are available to the public and available without passing through food processing or storage areas." The building currently has a single restroom facility. The Silver Water Cafe operated under a variance which was issued by the Board of Health in 1989 to allow the use of that single restroom to meet all their customer and employee needs. HEALTH BOARD MINUTES - NOVEMBER 26, 1996 Page: 8 Lany Fay stated he denied the variance based on the following: 1) The provisions of Section IV.l.a are applicable since this is a new food service establishment and a non-food related business operated in the building after the Silver Water Cafe discontinued their use; 2) The provisions of Section IV.l a are applicable since the County provision requires compliance with the restroom requirements when a facility is extensively reconstructed. While an extensive remodel is not defined in the County's ordinance, it is defined in the State regulations, as any time a building permit is required; 3) The extraordinary conditions or circumstances identified by the applicant do not constitute a hardship. The historic building designation does not preclude the possibility of providing additional toilet and handwashing facilities. These restroom facilities may be available simply by means of opening up the doorway to the restroom facilities currently used by the Town Tavern; 4) Issuing a variance must be consistent with the intent of the regulation and not pose an adverse public health problem. Access to toilet and handwashing facilities particularly for food service personnel and also to the public is a key factor in prevention and reduction of foodborn illness. The food service application indicates seating for up to 49 customers. One restroom reduces timely access and could compromise personal hygiene. Larry Fay stated there are a couple off actors which further complicate this matter. In addition to the County's requirement to have separate restroom facilities, the State regulation makes reference to the need to have adequate convenient restroom facilities for customers and employees, although it does not address how many or the locations. Essentially, the State regulation defers to the building and plumbing provisions of the Uniform Building Code (V.B.C.) which assumes that toilet requirements will be handled through the issuance ofthe building permit. In this case, the City building official reviewed the application submitted by Mr. Lamy and determined that this proposal falls in the general category of a "B" occupancy usage under the building code and is not a change in use, therefore an upgrade to all building code standards would not be required. Commissioner Huntingford asked the meaning of"B" occupancy? Lany Fay explained that it is a category of usage based on the number of individuals a building or facility can accommodate. Mr. Lamy's attorney, Steve Olsen of Olsen and Olsen, provided the board with a map (see attached) of the facility (exhibit "A" attached to Mr. Lamy's building permit application). He indicated in blue ink the location of the existing restroom, the entryway between the kitchen and dining area of the cafe, and the doorway between the cafe and Town Tavern (located in the dining area of the cafe) which is currently closed off. There is second doorway between the cafe and the Town Tavern (located in the kitchen area of the cafe) which is not closed off Chairman Hinton questioned the possibility of Mr. Lamy placing a limit on the seating capacity to mitigate the impact on the restroom. Lany Fay stated that Mr. Lamy is willing to limit the seating capacity to 30. The U.B.C. requires separate restroom facilities for each sex in buildings that are categorized as "B" occupancy, unless there are fewer than four employees and the seating capacity is fewer than 10. Ted Shoulberg asked that since there is already access to the Town Tavern's restrooms through the doorway in the cafe's kitchen, couldn't the employees be required to use those restrooms, so no changes to the cafe would be necessary? Chairman Hinton stated that the State Liquor Control Board may not authorize the use of the restrooms in the Town Tavern. Although they may be more willing to allow the use by staff than by customers. Lany Fay stated that scenario would offset some of the concerns, however, they do not yet have an answer back from the Liquor Board. Steve Olson stated that this variance appeal is based on W AC246-215-270 which states: "The Health Officer upon written petition of the owner of the food service establishment may grant a variance to any HEALTH BOARD MINUTES - NOVEMBER 26, 1996 Page: 9 section of these regulations covering physical facilities, equipment standards. and food source requirements when: 1) No Health hazard would exist as a result of this action; 2) The variance is consistent with the intent of these regulations." They believe that both of these prerequisites have been met. If the staff can use the Town Tavern's restroom facilities accessible through the kitchen doorway while customers have access to the existing restroom, then the possibility of a health hazard is significantly minimized. The second prerequisite is that the variance is consistent with the intent of these regulations and the pertinent regulation is WAC 246-215-120, subsection 6 which states: "Food service establishment owners shall insure toilet facilities for patrons are provided within or convenient to the food service establishment when a) customer seating for on premises consumption of food or drink is provided and b) the food service establishment was constructed or extensively remodeled after the effective date of these regulations." Mr. Lamy is complying with State regulations. The issue is whether or not this violates County regulations. Jefferson County Ordinance 2-77, Health Department Rules and Regulations, Food Service Sanitation Section IY.l.a states that food service establishments must have separate toilet facilities available for each sex. It does not require that they be on the premises. In this case a variance would not even be necessary since they already have permission from the Town Tavern to use their restroom facilities by way of the Town Tavern's main entrance. This would entail a cafe customer having to exit outside the main entrance of the cafe and walk down the sidewalk to the main entrance of the Town Tavern. In this analysis there are technically separate restrooms, the existing restroom and the use of the Town Tavern's restroom. Mr. Olson contends that the two prerequisites for a variance are present. The problem with opening up the doorway between the cafe and the Town Tavern (located in the dining area) is that it requires permission from the landlord. It is highly unlikely that the landlord will grant such permission since the manager of the Town Tavern and another lessee are currently in litigation with the landlord. Mr. Olson stated that it is important to keep in mind that the Silverwater Cafe operated for several years with this set up without any health hazards. Lany Fay replied that when the Silverwater Cafe open they were sharing restroom facilities with Town Tavern and at some point problems arose with the Liquor Board and the landlord, so the doorway was closed off and at that time the Silverwater requested and was granted a variance from the requirement to provide separate restroom facilities. He stated that the Silverwater was not in compliance with the original limitations of the variance that was issued. Correcting these issues after the fact is more difficult than taking care of them before permits are issued. Chairman Hinton asked if the Health Department agrees that the restroom facilities do not need to be on the premises? Lany Fay stated that State regulations require that restroom facilities are convenient and he would argue that going out the front door, down the sidewalk, around the corner and into the Town Tavern is not convenient. Commissioner Huntingford asked if any remodeling has begun? Mr. Lamy'stated that he is unable to begin work until he gets a building permit. Larry Fay stated the building permit will be issued upon meeting the requirements of the Health Department. David Specter asked why a second restroom facility for customers couldn't be built in the dining area of the cafe? Mr. Lamy stated that space restrictions and the inability to obtain permission from the landlord prevents him from doing that. Discussion ensued regarding Mr. Lamy's options. Larry Fay stated that the Health Department's first preference is to try to share the Town Tavern's restroom facilities. Providing access through the kitchen for staff only, separates the use between the public and employees and addresses the food service health concerns. If the variance is issued based on these conditions he wants to make sure they are very specific and clearly understood by everyone. HEALTH BOARD MINUTES - NOVEMBER 26, 1996 Page: 10 Ted Shoulberg asked if the Board of Health could write a letter to the Liquor Board in support of this proposal? Chairman Hinton replied yes, however the problem with the landlord still remains. Chairman Hinton stated that the issue of the employees having access to a restroom facility is resolved with the use of the Town Tavern's restroom through the kitchen doorway. The other issue is the lack of separate sex restroom facilities for customers. Since there is no requirement that the restroom be located in the existing structure and customers have access to the Town Tavern's restrooms and the public restrooms located next the police department, he does not see a problem with approving the variance. Commissioner Wojt asked Larry Fay if they could develop findings offact that wouldjustilY approving the variance? Lany Fay stated that he thinks that they could. It is the County regulations that require separate restroom facilities for each sex. The public health concern with regard to the patrons is less significant than it is with food handling personnel. Commissioner Wojt moved to approve the variance 2!lh if the doorway between the cafe and the Town Tavern (located in the dining area) is not opened up because either the Liquor Board or landlord will not allow it. The plans will be approved so Mr. Lamy can get his building permit and begin construction while he is exploring the options with the Liquor Board and landlord. In the event that permission is not granted by either the Liquor Board or the landlord, then the variance will be implemented. In addition the County will write a letter to the Liquor Board in support of the use of the Town Tavern's restrooms. Commissioner Huntingford seconded the motion which carried by a unanimous vote. NEW BUSINESS David Specter stated that the Health Board meeting in December falls on Christmas eve. Since there may not be any business to address the meeting may be canceled. Hearing no further business, the meeting was adjourned. JEFFERSON COUNTY BOARD OF HEALTH ~ ~E. W* Monbo- ' ;-- ,i~~; .ffi!>""""l:-" ,:Jfft"" "",. .~ ~ ~~ ~..,,~ r t f ., ,I i l' . if . I . II .'. :A l! oJ ...,1: -..... . '>i. ~. oJ IT ~ ~ ~ . o () <:J .__h \ I' rung ..... ',' '" C <:, t) CJ <;, <:. <::::, .' .... Q '" c::. c 000 ~. (":).ldf"O"/ $",,+-, 5.. ..?? .::J ~ . un", oLJ" -1'~-r (\ U o rJ Q ~ 0. t:::l ~ ~~ , ... . " 'C> c '> h ~;"l~" 1-.:1;,.;y",~"'\AC''-I~ ;" t'" . I ~ ~-- - . Q C, c Cl o c. o L " .c.+ c ~ :) c, o o '/ t 1~,",,-:""1 ....4~.c;'~ , 'I -.-" ~. " ~ ....1-Jo.tOO") ....l-~..l:!. lv\"€'r~~ L V' "-..-'''-,.r-'.) . ~ lkc:' \, ~-. 1 ~ ~ '~I n:~ 2 Fi. r ':) t I' r '-!. _J[ 1 c.o ~ -~ ~ It 41s~~~ DOOrwo--j _ - ~f-= r;i , " . ~ s,~~ IIllJ(~r'~ I. . tdf~r ~~+Jkt1 . =bL>j~ ' t ~: ~ ~ ~ 6 '. '; r/I +- K:+cle~ 'Jo. "I ~> ~ ~~~t ~t' fsq. i ~.;r: ~ ~ t~ f:,.-:!'; ,.. . (JIll. ~t r 'E. <U:, J. I l ~ ~" A' \7. ,^ _. - If' '. .:L. ~ - :0-0' . !' 1'\ t') *""1 t-1 ~ 'P~ +- <>U ~ :.~> . Human Services November 18, 1996 Thomas J. Majhan POBox 191 Port Townsend WA 98368 Re: 351 Margaret St, pt Ludlow - Parcel ID # 821 333 006 Dear Mr. Majhan: This office is in receipt of your letter of November 12, 1996, requesting an appeal hearing with the Jefferson County Board of Health. A hearing with the Board of Health has been scheduled for Tuesday, November 26, 1996, at the County Commissioners' chambers ~n the Jefferson County Courthouse. The hearing will be conducted during the regular monthly Board of Health meeting which begins at 1:30 pm. A specific hearing time has not been set. A meeting agenda will follow. If you have any questions, please feel free to contact this office. Sincerely, ~:~'et:. ~y:~7k Environmental Health Director LDFjwg cc:Janet L. Stimach 1920 S. Spokane St Seattle WA Ji358 %1'1'\ -, ,- \-;'r~ co) \ ' -- ) ( HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE CENTER 360/385-9435 FAX 360/385-9401 , -v '1#.~ November 9, 1996 -~ J_ -, n :'i ~=:./ ,1..,1 .,,',.\ UU f"? :-;"u f? r ~.n ,7" ~ IL. ,I I.., 'I ,- ,.'., J .-, [s \~; iI~ :j ::! r::; ; UJ -..,Y NOV 1 2 1996 Board of Commissioners Jefferson County Courthouse Port Townsend, WA 98368 JEF~E; ~iTY BO,4RD Oi- CC;'i:~,1;33iO:'.JERS Re: 351 Margaret St., Port Ludlow Parcel # 821-333-006 Dear Board of Commissioners: Please find copy of lettered dated October 25,1996 but received November 5, 1996 from the Health Department. I do not agree with their findings and wish to appeal their decision. They state I must file a written request with the Board of Commissioners within 15 days following the decision date but I have no idea what date was the decision date nor what further to do than write this letter to you. Please let me know what the date of the appeal is as soon as possible, and in the meantime I hope to find answers to other questions. Thank you. Sincerely, THOMAS J. MAJHAN Attorney at Law 914 ~ashjngton Street P.O. 90x 191 Port Townsend, WA 98368 . i i~ ;.".:} i'___ '"c:._,:! i? !;: (360) 385-4399 ;"'L l f\/n\f 1 :,2 1aQ~ """ ...... .........,v November 12, 1996 " "" Board of county Commissioners P.O. Box 1220 Port Townsend, WA 98368 REce;VEO NOV ~ 2 1996 JEFF. (OUN) '{ HEALTH DEPT. RE: 351 Margaret street, Port Ludlow Parcel No. 821 333 006 Gentlemen: I represent Jan Stimach who wishes to appeal from a decision by the Health Officer pursuant to Jefferson county Code 8.15.210. A copy of this decision is attached hereto as Exhibit A. The Health Officer's decision was dated October 25, 1996. However, it was never received by Ms. stimach until November 5th. In any event, allowing three (3) days for mailing, this appeal is timely. The Health Officer's letter states that Ms. Stimach is converting a garage to a dwelling. This is untrue. She is simply repairing the building. As can be seen by the Assessor's records attached hereto as Exhibit B, that building was constructed in 1969 and had in it a sink and toilet. The Health Department evaluated the system in March of 1981 (Exhibit C) and allowed Ms. stimach' s predecessor in interest to add a two bedroom house to the system in 1982. (Exhibit D) In short, there are the same number of bedrooms attached to that system today as there were some fourteen (14) years ago. Please schedule this for hearing in accordance with the County Code. <inc/", 4- T~ /MAJHAN ~ TJM:bs enclosures cc: client FR01 : G PHONE NO. 206 722 0628 Nov. 0S 1996 <J4: S2PM P3 Human Services IAN STIMACH 1920 S SPOKANE ST SEATTLE WA 98144 RE: 351 Margaret SI. Port Ludlow Parcel # 821-333-006 ::~::;~';7:':.S-~~MS~~U~~~h:-:;:. . -....--'-~--:-~-:7'''":-1'..~.:-z ":(,',, .~-.. -:.~.:.:( :::,;.6"....;.,. On October 16. 1996 a site visit was completed to evaluate the existing onsite sewage system at the above referenced site. The purpose of the visit was to determine if a building permit could be approved for an accessory dwelling unit. The Health Department records show a 2 bedroom residence was approved for the site using the existing system that was installed prior to permit requirements. The record shows' that the building that you are requesting to convert into an accessory dwelling unit was a garage at the time the residence was approved_ Health Department records do not indicate that a bedroom was proposed or approved for the building. Conversion from a garage to a dwelling adds a bedroom and is an expansion. This requires compliance with current Washington State On site Sewage Code 246-272 and Jefferson County Ordinance 2-77. You will need to contact a licensed professional engineer to access the site to determine if a complying system could be designed for the proposal. A permit is required for any work done on an onsite sewage system prior to commencing activity. Based on the above information the building permit cannot be approved at this time. Appeal from a decision by the Health Officer pursuant to this Ordinance may be made by filing a written request with the Jeffilrson County Board of Commissioners within fifteen (15) days following the decision. Appeals shall be heard by the Board of Commissioners within 35 days of receipt ofappeaL If you have further questions please contact this office at 385-9444. Sincerely ~ " m~ Linda Atkins Eilvin:inmental Health Specialist cc Mike Ajax, Jefferson County Building Official HEALTH DEPARTMENT 360/385-9400 ENVIRONMENTAL HEALTH 360/385-9444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOWDRUG ABUSE CENTER 360/385-9435 FAX 360/385.9401 EXHIBIT A FRCl'1 . G \..... "--- ... - ..... ... ._~. 2: Of&: Z R6 CAB!'" J STY, I>oIlG FA'JR I 8\,11(,.011-10 140 APpAAI$i'R noa 101 ",V\.i QuALITY C<lOIOIT_ .....qT MOOI,.!" lMTrM6T IMP$. 'Mo ."TUIltST \.JINO -,!J .: MOBIlE !lCME MAKe MOO!.L' Seft1AL.HO s.cfFITJNG CHAAACHRIST~ t!. r'A:~ PI../T 1 ROO~ CVR SHAKE - FOUNO"-tO" COMPR nR caNST. r:ONCR 1I=\.0'0f' covV' 'HOHE 'It 100 veFnfl!.D ).tEAT ~IA'PLACE e1 I'GTAN r~~r:', ""'Lt.'! I " YES ELElI' ,...., AIIG BUIl.OOOG &IZl!. 161 ~I,.OCA ::iOO 2NO FI.OO" 3f'O =lOOR ATTIC l.O<T MoeiLE 9i-uAOOMS S:UL'.. 8ATMS HAL.~ B,lJHS R5.PLACEMEH.T VAL.UE. -..GOOD, ~ COItofPL,r1'lON AQJuSTfC -"'-"L\J~ .e.OCITIO!ttAL lNP'!i TOTAL BUi..CMNG ~"AICS "$I LAND ITfr COOE ~:~I.i~ 1- ~Ii - ~I. ! '~'- ;; '"-" ,. Ii' ,-: ~l" .RKIT Ii' 111.[.' IFI"j.ij ..f'1;O'E NO. . 206 722 0628 ~:: TAI5Lr: "t"e,ll.lI'l ..._R OMf CON1OCT oeM_ IIJII,T Ri"OOII. EFFECT IV' ~E O95OC..UC.NC:: % pwv9JCoft,l OiP 1tI v'.R 5'" l." TYpe PlUMBIIIG $INJ\ W.H LAV TOILET SI"IQV\le'" TVetS.-q. BUILl.". .....P....I'l(;GS R,ANGE:1OVEH ~FAN CIStlw,toSIolE~ GARa QI;5P ~"'COt.':9 PWIICAQW"V\: 1 \ Il.6SeMeI<T "~E. <JIJALITY F1N':;'lot~ If'tC GAl!II . tiS .. .. . , , aVA.m TIMBER -T .....,...., Nov. 05 1996 04:55PM P8 G:;::I:S;S::;O()~ 9:- 1/01/9" H "Mea "I\JMI'E.la = T2S RIE LOT 4 (Wi10. ~SS N 52~.) TI.. Tf'X Jl (WHO') 1.0!0oCH 1969 20 45 1'.u: l)t$TPlIC'l' 2'31 N'CIOfoll'O~lofOC(l ;::s::m 5 CI4ANGi _e:JIlS0N \..ANI;) vs, COO! 1100 CP'iANOe' oAtl!: 6/(yi/9~ f<EVALUATION x SITUS .lDOR5"83 PORT LUDLOW :3 ~ 1 MAF<ClARET 5T 1 OTM!!JIII ",.,AL ~ 1 VSI::U~II;D n:s ~e'FI=l.IQE~T()I:l 1/'t(T1!N;OJJl ........cuu"" E\,.. GAR DR HOT TlJ8 s.wM vr::fIl.IIIEO ~10--0 CASlPCIlT AREA Q\;AL.1TY ~oo~ evA. FLOOP, GAA"GE AF\e,... ty'~ QUALITY EXT::Al01lll ROO\!' CV!=l !=IN INT OUTSIDe: IMPS 'NOOO pAC~ CONe "~CH 'NCLOSP.O OECl( PATIO 8"'lCO~"" >00' A8li'~"'lr OR CONe. DIIt <\;J';i: ATTCH LOW f'l../ll SHAKE MO AOOITlONAL lM"RO~UleNjS c- ... 'ltARE. \ (ZA,RE/I' ; BUilT vb t5VILT ...~. ; TYP'E ; TYPE.' . : CLASS ! I C1..lSS J EXTEFl!~Fl :, e)C'T~104=I' ; ROC.'fo: eVA. AOOi: CV~ ; n..OOPl' II=LOOR ~ j:IN. IN';' FIN ir'H. EFII' A.O.! 1 elll' AGe 0," .... I 0.." COM~. ,. COMP. <Ill (]fHe:.~ "M~OVe-MSNrs s 14,4S'7 N,"W CONSTRUCfIQN ($ ] 'dNWlllbt. .I5Vll.DI~OS: ; . 'lUSiMINVS : 5 7,968 ADJUSTEO JMPS . TOTM. 1....0 . 7,966 TOTAL Y4UlJ!. 5 EXHIBIT B . \ Fl;EPL.ACI!MENT'VA"ut l 50.~\t>6 NeW CONSTRUCTION ~GOOo,' $7 '" L.;NWAA, BVll"QINGliO , ... COtlPLET1ON .. P\.V61UlNUS AOJVorIO VAlV' , 4:1,984 J,OJ\JsnD IMPS ot.O01T)()NAL I~P6 S TOT"'" "'AND 'TO"l'At. eUllOtNu s ,,~,.9S4 Tor.... vAl,.UE ~fiM,lt.P.l<S WET< -10%) ; ill ! "~NO ~Il 1" ., CODE ! ~ U'JANTIT"I' \ ~ATE I'~ ADJ. v,6\,.uE ,. t s w, $ ~ ~ . 1~1 I' :';I 1 ~ Ft' 1200 90 1Hl aoo "'0 , .. 110 F.. F ~ 7200 <;> -, sf.... '-' I I MI'"MARKET ' I TtM_" R S '.' J I " I " FRll't '-" . G . .... o...;.J 4.j.j1J .IJ........., 8UIl,.gtNU NO 1 011 Al*'IItAAISEff 1'!'PE ,101 JTI'U! au&\.rTY OONgmc)N' Ava .....IT MOOIP1IfI INT~~ ,tAPS ll\o INTlAIiST LANO It'. . MOIIJLI> HOIolE _. UOo&1. SERiAl NO SJ(l"'-'flfG ""ARACTEIII$TICS 'XTElllOO PVT 1 OCOF cVO SHAKE =OUNOATION CONPR FlO, CON,51 F R...."'E P'I..OORcoY'E:fI V1HYL. . ' .. 10 ',C:""P'T '.. 110 'V1"'I"JEO yES /-I.AJ EL.BB 'lF1lf~L.ACS lFlICU,: 1 IIID ST AVG 2 IN1. WAll,S RS' HOUSE' 1 STYr F,,1f< ; '-' BUILOIN<l SID 1ST, "l~ 96,8 2NOFI.OOR 3~'LOO-- ATnc LOFT 10406ILIi e&:OAOOtwlS ~\Jll ;K.'\ooIS HALF 8ATJol$ PHONE NO. : 206 722 0628 .......' ......,.....................':1,.............- '.... Nov. 0'5 1996 04: 54PM 107 .j.~v..vw... ,.-- .....~~ 2 9::1 1/01/9$ '" 82133300S 199:: 'APle8L NUMDe" S;:S::; T2S R1E L.UT 4 (W110' L~9S N $~:;') TL TAX ~ (WHO') 1.6"C:H '!'I.1l[ 'l'EAJIIII UPR. CoATE CONTACT owne' IUI"," ~eMOOel.. f:l"'fl'E.CTive:AOe: OBSOLESC'! Net ., Itt-NSiCA.!. OEP. ~ --c n,..1lI $1%& 12 .. ., TA,:JI; OISiRICT 2:51 Ne;lQHeORHOOO 3385 (:wANGE "....~ l....NO l.rS~ cooe 1100 CMANGE 0...11 6/09/9 S REVALUATION 1::3 . srrv$ AOO~ PORT l-UUL.(JW ::351 MARGARET 6T l. 1'-.; TYPE p'UJM8ING '$tNI< ,,", UolI "JiLET Sl-iC\'Y6R TV~WR OVTSIOE 'liPS WQOO PP'CH, CONC. Sl'AC>1 'NClOSeO oeCK PAllO BAL.CONY JIlOCI" ....tft~4U' OFt co~e. 0" OTMeR ClARAGE """" Type OUAlITY Exre~tOR ROOF (:VR FIN.1N1" 1 1 1 1 1 :; TOTA" 320 VEPlf:l!O Y1l:':l 2::':",:01:. BUILT-IN ,.PP\.IAtoICS:S . ~!roveN 1 ~OOQ'F':.N 1 OI~E:~ 1 ~&.OISP. 'T~ eoMI'. ;\'ItC~""""E AE~RIGF..~"'TOR ;r.;'E~OM \w:/JVM (,L G.&~ OR. .."."". s.c.u....A ADOITIOMA" IMPRO~EMENTS , ' '.~ AREA : 't: I\Rf1l. ': ~eUILl y" "9UILT lr(k.' Me T_YPE I' . CLASS GL.ASE cx'T!;,AIOR E:XTiFUOR -Qorn: CVR ~OO~'C\iR. .'Lo<lA , I .\.co~ ;ll'tN.I~T' r:';N IN"', . E-FF, AVIt \ ,It.. ....GE: OEP "" C5~ ~ COMP ~ OOP"rel If. OTt-'c,q 1~l)pIlOVEMe.P'IITS S V!RlFICO YES 2 l BAS.MIiNi" AIllEA. OU....lITY 1:INISM <It INC QAFi. eAll.OI<T AREA OUALlTV aOOF ev~ F\'OOFl '. J ~ S ; , . $ ~1..9:'1O . 1Z'7,QOO . 176.950 ; ~ " ~pOG 1 i I I II! l~i~ ,!l~ . :vli1~~ . c 1 , 1\ \ II w..f'iiilFQCNT V1C:W I'II!II , I " I I' I I 'g ,. ..1 !~~i .I~~':i _~! I ~i~ ~': J!!' it- t-t- T ,I II II I I I II . ,-.. .' ~ 'I". ;. . '~-"\ ~. ,:., T1lT~ P.B2 EXHIBIT C FROM G .. .... .~~_~'. : 206 722 <1628 Nov. 0S 1996 04:53PM P4 Receipl No: _ O!~~~ ~....: .~M!.,q9 _. ... ....... ..- ...-- .~. / SITE EVALUATION REPORT ~FERSciN COUNTY HEALTH oePT. Mull~5e"i;,15ulk1ing 802 Sh,ridln Avenu, Polt To"nsend. Wllhlngton 88365 1206) 31600122 'pipuea"' lloTrl& M. Sam.plon Dale: 1_"_Al .l.ddr.u: \It. 1 SO" 396 6.0. 1'3 Twn._ 'AllI RO. ,.. r1.i........,rm U.. aA1,]~ ~ot Adj. to Sbd~ Plat 2 l..t lot w~.t of uv.l Dep;.15110" 112r. .Il~ Lal, T.I.phcnc~ g...CI.....1Co/ Lacall1l'} S.lt (DrawftW,..-Mck). Sillt '.J. 110 I x 4001 1'l.t 2 TtUS R!:POLU coe~ NOT CONSiITV'Te A"~ClVAL OF A BUILDING OR SSWAO. D'SPOSAL PERIt'T. THOse PERMITS SHALL BE ORANTED ON~Y UPON A.PI,IOAT'ON AND WJLl Be I\EVII!WED IN '-CCOPOJlHC' WITH CONDITIONS AND RtcUl,AT'ONS EXISTING ON THE OAT~ 'OF THE pe,.MIT AP~ICAT'ON_ THIS REPORT IS NOT A PE"MIT APF*lJCA r.o,... SelltP Buyer Ex1st1ni system re-ev.luated for permanent res1ceoce 11.QW''101 Ihla :silc c"e1vatlon lll:lr t1lngla 'alT'lIly rwlldlM1l:C' "f INSTRUClIOHS. A ,"i~1'I'tUfn 01 '''"' SGill09 "01*, all...1 i fut lif._; 2 fe..1 ~u.m.'''. .nd 50 t..t 'pltt mU51 ". dug I- tht prODOS..d dr.fnU.td "u .nd ".vved b.lo,. U,. ..,_hll,llIiIft J, ""d.. S.. ,Untied III$1rwI;1I0n Ih".1. A sHe ev;tJualiol't el tr.f .above property w._ mid" on '-" grop,f'ty nas been louM March 14, 1~6l Of "'I" depillrlmefll and 11'1* G .&.C;C~"'TAeLe. . SQil ~Il<d .it. lIOondihol"l. atl ilcceQt4Jbla 104" i"~*l~::ahon 01 , ..,,~g~ dle:pou: $~letn. as r'li!Queslld ,bQWi. linde' uiSlif1Q c=andUlCn, 1"0 '.Olllllhon$. at: CONDITIONALLY A.CCEPTABI.E. $li)1I il'1d .it&condilio"" ,f, accept41tlls for i"~tilllaLion 01. uw.gtallpOtal.,.~I.m,., rtq\le,led .aDO'4i!. under !:xlstlog conditioni and reuwl,tlon.. p,o",jdad n.'E CONClTl0N~ :scr OUT l!!If1.0'N A~l!: Ml!:l_ CJ U"'ACCEPTA8lf. 8c,I.,nd she cOl'ldillon6 .,. unaecer:H..OIC !Ot Instell.l\lon 01 . ,."IIc; lank 'YiIQ"', COMMeNTS: Existing System. System fvutioning in & pra~er manner ad this date. Bu~lding pe~tt ~pprov.d conditional on: 1) R~sidence be1ns located on the site a. discu6eec. Z) Compliance w/.ny Shor.li~a roquirRment. Contact the Jeffereon Co. Plannin8 Dopt. 365-1427. SO," ~OGi: R.IP'..~II...IJ,. j~'r\. S+IW-ach. '2-6(".-'?- p." 'If'l?' 'lor; - 1?- ~O ~2-'ir ('--1 f'{'{'()iI.l~~, &>U;""D> (.(,5-,-_ Mertlee- L. ~laine. 1\.5. iNVlf'QNMl!NTAl HEALtH SP'tCI&lI6T EXHIBIT D . . STAFF REPORT Jan Stimach Appeal of Decision 351 Margaret Street, Port Ludlow June 28, 1978 - Site evaluation was completed for a proposed 2 bedroom single family residence, a mobile home. The proposal was to utilize an existing system that the applicant stated was installed in 1967-68. The plot plan that was submitted with the application showed a garage and a mobile home located on the site along with the septic tank and well. The approval was given for the proposed building conditional on location of the mobile as discussed and compliance with Jefferson County Shoreline requirements. March 23, 1981 - Site re-evaluation was completed for placement of a permanent residence on the site. No reference was made on this application as to bedrooms, existing or proposed. Approval was given based on residence being located on the site as discussed and compliance with any Shoreline requirement. March 25, 1981 - Health Department gave approval for a 2 bedroom single family residence on the site. Spring 1996 - Ms. Stimach contacted this office prior to purchasing the property and Linda Atkins had more than one telephone conversation with Ms. Stimach regarding the severe limitations on the site and that she could not do any expansions without compliance with current code and the difficulty of meeting these requirements based on the local site conditions. September 24, 1996 - A STOP WORK order was placed on the site by the Jefferson County Building Department and cc'd to the Health Department. The order noted than an addition was being constructed on the residence at 351 Margaret Street. October 2, 1996 - An application was made for a building permit to "repair the guest house". An evaluation of the existing system was required since there was no permit on file and the Health Department records did not indicate that a guest house was ever approved for the property. October 16, 1996 - An evaluation of an existing system was completed. An inspection of the proposed repair/addition to the garage was also made. The modification of the garage includes classification of the unit as an accessory Page 2, Staff Report, Stimach dwelling unit which is defined as: a separate dwelling unit with separate cooking facilities that is substantially contained within the structure of a single family residence or an outbuilding which is accessory to such residence_ The Health department judgment is that such a dwelling would contain a minimum of 1 bedroom unless otherwise specified. Ms. Stimach stated that Assessors records and the title company indicated that the garage was a guest house at the time she purchased the property. Her understanding was that the site had a 2 bedroom residence and a third bedroom in the guest house. October 25, 1996 - Letter sent to Ms. Stimach denying the building permit application for the remodel of the garage based on Health Department records allowing only 2 bedrooms on the system. The remodel of the garage into an accessory dwelling unit would constitute an expansion requiring compliance with current code. She was advised to contact a licensed professional engineer to access the site. RECOMMENDA nONS Health Department recommends denial based on WAC 246-272 which requires compliance with current code for the primary and reserve drainfield areas where an expansion is proposed. An expansion is defined as a change in a residence, facility, site or use that causes an onsite sewage system to exceed its existing treatment or disposal capability, for example, when a residence is increased in the number of bedrooms. OPTIONS 1. Applicant contacts a licensed professional engineer to locate an area for installation of an on site sewage system that complies with current code, including a reserve area. Unless an area offset is located a waiver from code requirements would be necessary due to the inability of the site to meet setbacks from surface waters and a probable high water table in the area. <A wet season evaluation was completed on a site within 300 ft of this site in 1995-96) It is likely that such a waiver would require review by the State Department of Health. 2. Applicant withdraws application for remodeling the garage into an accessory dwelling unit and retains its status as a garage/shop with a toilet. ~w N ~IJI - ex:::.. ClI <( WW - (DO:: <( y::'" N - I- ~ I. J:D:: A W uw . . W <(I) ---1 WW 0-' ... a:: mD:: <( l- I '" (f) '. Z V) I- - W - <( - W , ~ 0::: N '" (,) - I- <C. I- W 8 C/) a::N ::J <( . 0 - CD " 0 - a:: (J) z <( .., N a ~ I') <( ~ 0 en 0 0 0 -:> - ,.. 0 -l <:- I. 0 lU 'D os' H:l9gol (,0 lIM) B XV! 1l (.szs N SS31 .ol1J.\) t !01 1,^0f' ~nnr"'''''''''7''' - -"- ~cv. ..... o~ .... - -9 '-:40 1(;01 N . -- -- . ':f v> r t; \fl :b ~~ ,n ~.a <' ;no 2t~ ", / ($)/ / ':f ,.... 0 ~.~ t; .~-;r'\ ./l ~ 00 ./l ~ ./'" t$) / r -fo.. .0 '-" -;"\D ~OC1 / ;? o o It) ~ o r""l ~,~ .-f'EBSON COUNTY HEALTH DEPARTMENT .vfultf-Service Building - 2nd Floor 802 Sheridan Avenue Port Townsend, Washington 98368 385-0722 No.: 4254 Fee: 15.)0 Date: 6-21-78 Sec. 33 Twn. 28 Rg. lE APPlica~t: Morris M. Sampson Address: Rt. 1, Box 396 Chimacum, 'v" 96325 Lot adj. to Shine Plat 2 Last lot -west LEGAL OESCRIPTION IDIV.. eLK.. LOl) of Plat 2 DIRECTIONS FOR LOCATING SITE (DRAW MAP ON BACK) Phone: 774-3386 ~dmonds THIS DOES NOT CONSTITUTE APPROVAL OF A BUILDING OR SEWAGE DISPOSAL PERMIT. Site size 110' x 400' A-l Seller. Buyer existing system - new mobile home I request this site evaluation for 2 bdrm. single family residence or System installed 1967-68 INSTRUCTIONS: A minimum of two soil log holes at least 4 feet deep, 2 feet diameter, and 50 feet apart must be dug in the proposed drainfield area and flagged before the evaluation is made. **"'***.*. A site evaluation of the above property was made on and your request has been: 6-28-78 by this department o APPROVED - Pending submission of a completed sewage disposal permit application. ~ CONDITIONAllY APPROVED - Providing conditions listed below are met and submission of a completed sewage disposal permit application. o DENIED. COMMENTS: O~served existing 750 'Jallon tank. Old filled nraperty. 110bile home to be located near beach. ADpro~al of building permit will be conditional on: 1. ~he ~obile home being located on the site ~s discussed and 2. eomp1iance with any Shoreline require;ent. Contact the Jefferson Co. Planning Department _ 385-1427 any applicable requirements. Soil log; Respectfully, /~ i'.4-~:r:;:..-i(~-t7 11(211,.,i...... .3-/7-f/ '-' . 7:t:;!-f./~ ( , 7//1 /-;1# .K.anaal.L "I. uurant,sAIJIlSllAN i .- ~ -, \.. \,'--, ,,-,-, "...:.,........<::"'-_'1, ~'~,.;".:...:-.-,) ~~').""l.X-, f' _ "'........;. .... ,-~-,~"',"'.\... ~'.-~ ~'"') ~ -- ).............. ,>-....,"l ,,,,", '-,<:._,........ ....., ',"':' -,'--.~-.......', '..... ,-.,...... '-.. ~ ~ -"-, ---- ................. -.-- .~...__.. .-. ~,! r 1 "'< 110, 'l' I,' , - \) "\:UU ~,,~-t Q\cA "" I. - ,/ \J~ Qt:I~c.'( ,o-.\\.\( - V S",\o.,v--",,- \6Q..1\.,",,\'~V\. "'~ ",,~'c\\e.. ~ 750 ----------= :.*,e ,-- .<;):c.---- ..J 4' ~~ l,'1.~n C'...~ /1 (, I -:; " '~ ~ 'r\ , ~ () ~ S I ?-'f fJ\o+ PI1M\ :Sv-..b ~ . ,< -'-\9_0 lu~\v \C\,<zs- c-.rfl\-,cdI~G ~o r <:. - L. , r ""'-<...U7 a...ppro",^- L/'I' ;V})OllcJ!u,/l'!;; - 1<7.S- o ~ ,~ ~ 'Dl o .5 (0 ..{ j< --- --- / 0. ., , \- P ~I;,~? C :)8,t3'" k I ">>-r""' -/ p,: r:'1 i : ,t:J---/ /.....:..-e::~ _.-~ .c;-- Receipt No: .. rSl/ol 28!i~ . ~ - ...:.-) Add ress: SEP S 1-0030 STI MACf-(7~~;(' 1'126 J. ~.........H: Sec. ~Mm". ,r WA ~Rq,-" AOILttfR.j lJlt. 'J8tQ<{ '('351 ~~At) Fee: $30.00 Date: 1-71-Rl Lot 33 Adj. Two. 7!1N Rg 111 /, V .Rt. 1 BUA -3~6 to Shine Plat 2 last lot west of legal Desc:riplion (Diy., Blk.. Lot) ~ , '. Telephone: Plat 2 THIS REPORT DOES NOT CONSTITUTE APPROVAL OF A BUILDING OR SEWAGE DISPOSAL PERMIT. THOSE PERMITS SHALL BE GRANTED ONLY UPON APPLICATION AND WILL BE REVIEWED IN ACCORDANCE WITH CONDITIONS AND REGULATIONS EXISTING ON THE DATE OF THE PERMIT APPLICATION. THIS REPORT IS NOT A PERMIT APPLICATION. Slle Size Directions lor LocaUng Site (Draw map on back). 110' X 400' '(.'2..:/ ~) (I. ':25" a.\ '. Seller (. Buyer Existing System re-eva1uated for permanent residence I request this site evaluation for single family residence or INSTRUCTIONS: A minimum or two soH lag holes at least 4 feet deep; 2 teet diameter, and 50 feet apart must be dug in the proposed drainfield area and flagged before the evaluation is made. See attached instruction sheet. A site evaluation of the above property was made on property has been found: March 24, 1981 by this department and the o ACCEPTABLE. Soil and site conditions are acceptable for installation of a sewage disposal system, as requested above, under existing conditions and regulations. 00 CONDITIONALLY ACCEPTABLE. Soil and site conditions are acceptable for installation 'of a sewage disposal system, as requested above, under existing conditions and regulations, provided THE CONDITIONS SET OUT BELOW ARE MET. [J UNACCEPTABLE - Soil and site conditions are unacceptable for installation of a septic tank system. COMMENTS: Existing System. System funtioning in a proper manner on this date. Building permit approved conditional on: 1) .Residence being located on the site as discussed. 2) Compliance w/any Shoreline requirement. Contact the Jefferson Co. Planning Dept. 385-1427. ex. , ~ l' !\ (." Respectfully, '-- '- (; SOIL LOGS: _'f1\af\l\kD ,~, ()D~'\"D/ (-<IS, Meri1ee L. Blaine, R.S. ENVIRONMENTAL HEALTH SPECIALIST j~";;';. ." I. LOCATION: BUILDING PERMIT APPLICATION Jefferson County Building Department. County Courthouse. Port Townsend, Wash. 98368 . 385-1310 NE SW SIDE OF q 4-13 geogrsphlc name NE S W FROM INTERSECTION DF ROAD FEET ROAD AND ROAD /1.N~ -"'.r #/ ."'.ax<~rh orher specific localion or landmark: . -'I:" I ~ d,"'~ LEGAL DESCRIPTION: IJ ~ot Block <{;u- ; 3'-O.:l'S Tax Number %. Section II. TYPE AND COST OF BUILDING. Subdivision 33 Section 2.& Township i J:: Range TYPE OF IMPROVEMENT ~ew building D Addition o Alteration o Repair. replacement D WI.cklng o Moving (r.locationt D Foundation onlV BUILDING TYPE j,l(SlnRle Family D Multl-Famllv number of units D Hotel. Motel. Dormitorv number of u1itJ D Moblla Home D Oth.r - SpeclfV MOBILITY ~New County Resident Is this structure to serve the residentIal or commercial needs of those employed at either the U.S. Navy's Trident or Indian Itland F.cllltles? DYES r;(NO OWNERSHIP ~Prlvl!lte IIndlvldual, corporation, nonprofit Institution. etc.' o PubJlc tFad.r.I, Sute or lacel goy'..t UBC OCCUPANCY GROUP, USE bd Full.tlme Residence b~COnd Home: Recreation Cabin, etc. Ds.cond Home: Future conversion to permenent reald_nee COST (Om/. CBII"/ . Cost of Improvement.. .. . . . . . 0 . 0 $ To be installed but nor included In the above COlt eo Electrical. 0 . . . . . 0 0 . 0 . 0 . 0 . 0 . . b. Plumbing................... c. Heating, air conditioning . 0 0 . 0 0 d. Other lelevator, etc.'.. .. . . . . . . . TOTAL COST OF IMPRDVEMENT $ Nonresldentlel- Describe In detail proposed use of buildings, e.g., food processing ptant, machine shop,laundry building at hospital, elementary school, secondary school, college, parochial school, parking garage for department store, rental office building, office building at Industrial plant. If use of existing building Is being changed, enter proposed use. ~k&;1f 1;'ff(8 III. SELECTED CHARACTERISTICS OF BUILDING - PRINCIPAL TYPE OF FRAME o Masonry (wall bearing' )Zl Wood Frame o Structural steel o Reinforced concrete TYPE OF SEWAGE DISPOSAL DPu~'5orP~~ r lZ-lta~Ju~n..;Ptlcj.~kP. . DIMENSIONS e Number of Stories. . . . . . . . . . . . . e Total square feet of floor area, all-tloors, based on exterior dimensions. . . .. . . . . . . . . . . . . .. q eTotalland area, sq. ft. . .. . . .., .. TYPE OF WATER SUPPL Y JEFFERSON COUNTY PERMIT CENTER 621 Sheridan Street, Port Townsend, WA 98368 ~ () p 'f51 -<X.:) 3~ . September 24, 1996 Ms. Jan Stimach 1920 S. Spokane St. Seattle. WA 98144 RE: Building Permit Violation, Stop Work Order, COM96-0024, Parcel Number 821333006. Section 33, Township 28 North, Range 1 W, WM Dear Ms. Stimach: Our office noticed on 8/26/96 that an addition is being constructed on your residence at 351 Margaret Street in Port Ludlow. The construction of an addition without a valid building permit is in violation of the Jefferson County Building Code Ordinance; therefore, a stop work order was posted on the structure on 8/26/96. The stop work order remains in effect until you apply for and receive a building permit. Any further construction is prohibited. As per Section 107.5.1 and 107.5.2 of the 1994 UBC, an investigation fee will be required. The investigation fee shall be equal to the amount of the permit fee required by the USC and the Jefferson County Fee Ordinance. Call me at 379-4450 between 9:00 a.m. and 10:00 a.m. weekdays. if you have any questions. , cc: Jefferson County Health Department Jefferson County Assessor's Office Jefferson County Prosecuting Attorney's Office Len Mosier. Washington State Department of Labor and Industries 1605 E Front St., Suite C Port Angeles, WA 98362 eJTtt q 6" c:;){~ ~ JEFFERSON COUNTY BUILDING APPLICATION ~~~ Jefferson County Permit Center Castle Hill Mall 621 Sheridan st. Port Townsend, WA 98368 360-379-4450 DATE RECEIVED.:10/02/96 PERMIT #....:BLD96-0614 SITE ADDRESS:351 MARGARET ST :PORT LUDLOW, WA 98365 ------------------------------------------------------------------------------- APPLICANT...:JANET STIMACH MAILING ADDR:1920 S SPOKANE ST : :SEATTLE WA 98144 PHONE: 206-722-7978 ------------------------------------------------------------------------------- CONTRACTOR..:OWNER MAILING ADDR: : . . CONTR. LIC #: EXPIRATION DATE: / / PHONE: --------------------------------------------------~---------------------------- ~CHITECT/..: PHONE: DESIGNER. .. . : ~ J + ( --K ~:~:::_::::~________________________________~~___~~l?!~_~~~_:tr~~L__d~.i:~~ PARCEL NO... :8213330aK' S" ALT: "- CON';' r · LEGAL DESC.. :STR 33-28-01 EWM, TAX # BY : DATE: LOT , BLOCK , WATER: )ESCRIPTION OF IMPROVEMENT: repair guest house DATE: ------------------------------------------------------------------------------- 3UILDING TYPE......:RES rYPE OF IMPROVEMENT:REP ;ARAGE/CARPORT.....: vOODSTOVE..........: JBC OCCUPANCY GROUP: rYPE OF CONST......: JNITS. : 0 STORIES: 1 HMENSIONS: ~RAME TYPE: WOOD ~ST COST.$: 7000 'ROJ GRP..: 73 BEDROOMS--- BATHROOMS-- EXIST.: 0 EXIST.: 1 PROP..: 0 PROP..: 0 TOTAL.: 0 TOTAL.: 1 SEWAGE DISP..:SEPTIC WATER SUPPLY.:PWELL HEAT TYPES.:OIL/WOD/ -------MOBILE HOME------ MAKE: YR: SIZE: MAIN FL...: ADD'L FL..: HTED BSMT.: UNHT BSMT.: OTHER. . . . . : CRPT/GAR.. : DECKS.....: COMMERCIAL: INDUSTRIAL: BANK HT...: SH SETBACK: o sf o sf o sf o sf o sf o sf o sf o sf o sf o ft 85 ft ------------------------------------------------------------------------------ )wner / agent ;ignature: ---------------- FEES -------------- type amount by date recpt PRMT $ 174.75 EMH 10/02/96 1128677 PLCK $ 52.43 EMH 10/02/96 1128677 B.C. $ 4.50 EMH 10/02/96 1128677 VIOL $ 174.75 EMH 10/02/96 1128677 late: :ssued By: late: $ ----------------------------------~- 406.43 TOTAL I~ . ~ii' ~ l~ f~f~~,.:".~._~ ::'hj ~ ~,- W,.,<., C' ,.,._ _.' ,,-...... . ~ .' . .... .-. Jefferson County Permit Center 621 Sheridan St Port Townsend WA 98368 360-379-4450 SE? 1 1 1996 JE:=Fr:R~.(;~.J COj.~' ~T" FEEt~11.1~ GE:'-'iT:_'.: lEES) EVALUATION OF EXISTING SYSTEM INDIVIDUAL SEWAGE DISPOSAL AND/OR WATER SUPPLY SYSTEM Information Requested: .Llndividual Sewage Disposal System APPLICANT NAME _ Water Supply \:..n ~{.. L - -S'+-.. 1M i<-C k ICj?o S ,5]?"bn,o ,<:::+. .. ~ '7 ()(b 7 ;)-;). - 797f" <C,,,, IMP Public Private Mailing Address Phone Mail Completed Report To: ~",.!>.ft'P (.,0.4 9rt-t<f , OWNER Name Mailing Address ~M _ h11J.J1IJ -ndUSG ,c.e. --- RDlL NR Occupied? Yes / No If Vacant, How long? -"'! +' '(>"::. Number of Bedrooms Previous Owner '3 Year Installed J ?7r) -+- Septic Permit Number Site Address: -:,::;- / All ar-3:>,o1- S-fY-(,"~ Legal Description: Parcel Number ~'J.. / ...,~ '3 -00s- Plat Name: c (),.,,,t-- LJ...d/r!(J! "ilL / S ~7, T zx Division Block .... ..... '- Lotts) N. R lc="d , ~ I Directions to property Attach plot plan showing location of structures. drainfield & septic tank. FOR HEAL TH DEPARTMENT USE ONL Y - DO NOT WRITE BELOW THIS LINE ~ '-t ~ SEWAGE DISPOSAL SYSTEM- U~/CyIO"Q1 Permitted system yes ~ no Installed prior to P:~ requirement? yes Sewage noted on grouncrattime of inspection' yes no -- House is unoccupied therefore an evaluation of drainfield pe ormance is not possible at this time. - Health Department records indicate that this system was designed to service a bedroom residence. Septic tank should be pumped..if not done within past 3 - 5 years. - Septic tank: ---"",volume ~ 1 compartment _ 2 compartment . Baffl~s: 'K goOd condition i!1l~t missing _ outlet mi~sing ou;t\~t ~ffk t. \{<?.r,'"AJl'E,: Repair area: ---'-- adequate X I~m~d \ l~a _ none available WATER SUPPLY ~ Well casing 12' above ground yes Sanitary seal in place - yes Sample results - Comments: , r\eo.S:..-\:hck..p~- CD"'f'\~\.W eM--.. 'LVc&~~OY\ c~ fu 4?.I<.1~~\^j 4'J\Brr-. ~ QPrr~,-,ed --0\o-.c.a.. (V\Jl...4.-d. c,{ 0.. .;;) b..<cc\.r rv--. ~, no no no Well 100 ft from drainfield Water sample taken _yes _yes no no Date \0-:- \ l.o -~Lo Time \\',4: SI\r!\..Environmental Health specialist~ 4f/~ - This report does not constitute a guarantee, either written or implied, that the system will continue to function properly. This report constitutes a summary of findings only. H:\holl'ltllplncntrlinlohlthw-."m 2/95 ~ X -QrJ' \. " ~t--r -""",p \.. -.v U'- :? ,,") 'V . v- ri/ ([/~" Q..< ("Ir) ~ -::,- ......- I.Q ..:r -0 if ';:)- ('I; (JL;\\ <y ~-~ - ,,' "'.........' t.r) (V) Vl~ ~ ~~ ~ \.. j~ ~ : --../ - -I f 0 ~ . ~ 4 o..~ -3~ I I / - -- , l...L.. u...J =,..j =!Q O")~ ~~ O">~ <'-J l...L.. u...J = l...L.. u...J = = 0"> C'-J C> r- C'-J If' l...L.. u...J = r- ~ 0"> (V) l...L.. u...J = C'-J C'-J co C> C'-J <.D C> ,co --- l...L.. u...J = " u , " . -- C> t.r) t.r) ~t.r) ~<'-J I!. l...L.. u...J = l...L.. u...J = l...L.. l.J...J r- = (V) t.r) = (V) C'-J t.r) (V) (V) t.r) co (V) Human Services IAN STIMACH 1920 S SPOKANE ST SEATTLE WA 98144 RE: 351 Margaret St. Port Ludlow Parcel # 821-333-006 <~;@)LP'~u Dear Ms. Stimach: On October 16, 1996 a site visit was completed to evaluate the existing onsite sewage system at the above referenced site. The purpose of the visit was to determine if a building permit could be approved for an accessory dwelling unit. The Health Department records show a 2 bedroom residence was approved far the site using the existing system that was installed prior to permit requirements. The record shows that the building that you are requesting to convert into an accessory dwelling unit was a garage at the time the residence was approved. Health Department records do not indicate that a bedroom was proposed or approved for the building. Conversion from a garage to a dwelling adds a bedroom and is an expansion. This requires compliance with current Washington State Onsite Sewage Code 246-272 and Jefferson County Ordinance 2-77. You will need to contact a licensed professional engineer to access the site to determine if a complying system could be designed for the proposal. A permit is required for any work done on an onsite sewage system prior to commencing activity. Based on the above information the building permit cannot be approved at this time. Appeal from a decision by the Health Officer pursuant to this Ordinance may be made by 1iling a written request with the Jefferson County Board of Commissioners within fifteen (15) days following the decision. Appeals shall be heard by the Board of Commissioners within 35 days of receipt of appeal. If you have further questions please contact this office at 385-9444. Sincerely ~ . ~ m-~ Linda Atkins Environmental Health Specialist cc Mike Ajax, Jefferson County Building Official HEALTH DEPARTMENT '\RO ''\RR-Q400 ENVIRONMENTAL HEALTH '\fiO''\RR-Q444 DEVELOPMENTAL DISABILITIES 360/385-9400 ALCOHOL/DRUG ABUSE CENTER ::1RO/::185-9435 FAX 360/385-9401 11/17/96 14:48 FAX 206 292 1614 KIACHAEL J'S ~OOl f- Date: Nov. 15, 1996 To; Larry Fay Jefferson COWlty Health Department REceiVED From: Doug Lamy 1'-\0'] 1 8 '1996 Re: 126 Quincy Street JEFF. CO. HEAL1'H & HU~.~AN SERVICES Please consider this letter as my fonnal request for an appeal of the code n:quirernent by Jefferson County Health Department regarding the issuance of a variance to the nwnber of bathrooms required for the above referenced cafe. 1 understand that the appeals hearing wm be Nov. 26, 1996 @ 1:00 pm. 1 will again ask that a variance be issued based on my willingness to limit the seating capacity of the cafe to 30 people SO as to not put stress on the one bathroom facility. This figure was selected based on a quote from the building department that referred to one person per 30 sq. ft., per UBC code. The combined dinning and deck space is 1091 sq. ft and the kitchen is ,418;50 sq. ft. (per Exhibit A to the lease). This seems to be au equitable solution, !1Ither than . :eXpecting the Health Department to monitor the menu items or hours of operationon. cc: Olsen & Olsen - ~?-!!.o.-. Human Services November 15, 1996 Doug Lamy POBox 212 Port Townsend WA 98368 Re: Variance Request - 122 Quincy St, Port Townsend Jefferson County Ordinance 2-77 Food Service Sanitation - Section IV.1.a. Dear Hr. Lamy: This letter is a notice of denial of your request for a variance from the toilet and handwashing facility requirements of the Jefferson County Food Service Ordinance referenced above. The Jefferson County ordinance requires that ". . All food service establishments .. that are constructed or extensively reconstructed after the effective date of this ordinance, shall have toilet and handwashing facilities for each sex which are available to the public and are available without passing through a food processing or storage area. . . ." In denying the variance application this office finds that: 1) 2) 3) HEALTH DEPARTMENT 360/385-9400 The provisions of Section IV.1.a are applicable since this is a new food service operation. Although the building has been used in the past as a restaurant, that use was discontinued in 1995 and a non-food related business has operated in the building during the interim. The provisions of Section IV.1.a are applicable since the modifications you propose constitute extensive remodeling as defined in Chapter 246-215-010 (18) WAC, "Extensive remodel means construction in a food service establishment requiring a building permit or plumbing permit, except for signs and fences." The extraordinary conditions or circumstances identified in the application do not constitute a hardship on the operator. The historic building designation in and of itself does not preclude the possibility of providing additional toilet and handwashing facilities. In addition, toilet facilities may be available simply by means of opening up the doorway to the facilities currently used by the Town Tavern. ,s (Q) LJ)'U ENVIRONMENTAL HEALTH 360/385-9444 ALCOHOL/DRUG ABUSE CENTER 360/385-9435 DEVELOPMENTAL DISABILITIES 360/385-9400 FAX 360/385-9401 Doug Lamy November 15, 1996 Page Two 4) Granting the variance could result in a health hazard. A key factor in the spread of foodborn disease is the personal hygiene of the food service workers and, to a lesser extent, the customers. Essential to maintenance of personal hygiene is convenient, timely access to toilet and handwashing facilities. The food service application indicates seating for up to 49 customers. The demand this number of customers and employees would place on a single bathroom would make access inconvenient and untimely. Appeal from a decision made by the Health Department pursuant to this ordinance may be made by filing a written request with the Jefferson County Board of Health within fifteen (15) days of receipt of the decision. (The Requests for appeal may be directed to this office.) If you have any questions concerning this matter, please feel free to contact this office. t:27~ [) Vo I) ~nce D. Fay, Jr. ~ Environmental Health Director LDF/wg PUBLIC HEARI~G FEE ~40.00 Request for_ Variance Jefferson Countv Environmental Health Department .The health officer, upon written petition of the owner of the food service establishment, may grant a variance to any section of these regulations covering physical facilities, equipment standards, and food source requirements when: (1) No health hazard would exist as a result of this action; (2) The variance is consistent wit the intent of these regulations. {Statutory Authorit . 43.20.050} ? DIRECTIONS *Answer all question completely. (please print or type) Contact the Jefferson County Health Department for aid in filling out this application and for instructions on further administrative procedures required to complete its processing. Submit this variance request along with your permit application. *Attach any additional information (reports, studies, maps, illustrations, leases, permits, etc.) that may further describe the propose variance in addition to the site plan. APPLICANT: '10 ~ /...A./l j Po ..&0)( 1:>1"2- .}lOOT TrI.y\s'P,{)f) 1.-iC\ ADDRESS: TELEPHONE: (home) -3 ry q R I '7 0 (business) PROPERTY DESCRIPTION GENERAL LOCATION: \ 2(C) q J ; tf)(1::1 ..sf. --P0lZT --rn...nSf DJ LEGAL: (from property tax statement) ~:T1 01"\ i)~ L.53T:"-. <0 ~ ~ ~(I'\"'\::.. G" D.e(~,iU=\L.. ~)').s,T'i''). Tax Parcel Number 11-93/VARIANCE VARIANCE REQUEST A variance is an exception from the general rule or regulation 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 establishment and generally not experienced by other establishments. The following questions will assist in the evaluation of the variance request. From which regulation are you requesting a variance? ~ '5 O~ ..l">AIh 1'2 c> 01'<--:: S Describe the extraordinary conditions or unusual circumstances which exist that would justify deviation from the standard. PlL TfJ2AT1'Oli) n~ \-kSTfY.' {(11 Co L .Dl~; I .I'll A"\l /I CST ..(E'~l\,.("'" New preu I dUs l:J pre.) ou~lj lASe 06l 0. ('\",I4,'\;PJ r:-rC1L/I.9".L<\i.-\-'<?'O U<,~) O<J2,^~Q.,^d'tt".Q) DC> (1) '-'1?A I ){> .j Is the deviation you request the mlnlmum necessary to accomplish your project or is there another reasonable way to accomplish your project that would not require a variance? (please explain.) o.V"-in'Woo.." .qor r'c""',bl ~'\t"':J ll..\ F) c5: . PI ,p +-\'t ,,Q, ~PI",^- PlQY\II).f'l'l 6A~'<.:n,--'i y.er \"\"1;:'\\\0 .::'--,llh-l,,:+I<r{\ ~('Y-' r.~r,,--A\. \J...'f"('>;;l.'-Il.o..),;;; ILO Is t.here anything else you would add which supports your request? L,,<<::..-.-rN-~ 5-6 /lees, 80F\<:'-P l> r't,LiDl'fll.-UZ-I'>TS 6u, LID (0'1 .DLf?T, st.,,.-)]., \ ,,\ " b.>, ~rPn .o~AThE,r E..u" 9' ,2 ) ACKNOWLEDGEMENT I hereby declare that the information provided in this application is true and correct to the best of my knowledge. Furthermore, I acknowledge t at development of the proposal may not occur until appro al has een ranted by Jefferson County. (a J01 orized representative) 10/ ~ I I q (. (date) FEE: (OFFICIAL USE ONLY) RECEIPT NUMBER: Oct. 21,1996 Ms. Gwen Howard Jefferson County Health & Human Services 615 Sheridan Port Townsend, Wa. 98368 Re: 126 Quincy St. (Old Silverwater Cafe) Dear Ms. Howard: Please find attached, my application for permit application due to change of ownership of the above referenced space. In response to our previous conversation, I have enclosed a copy of W AC246-215-120 regarding toilet facilities for employees and customers. In 1993 I opened a similar facility in the Fairhaven Historic District in Bellingham using these same standards. I assume because they are Washington State requirements these standards would also apply in Jefferson County. In any event, the opening of this cafe does not entail a "change of use" per The City of Port Townsend. Also enclosed for your records is a copy of a permission letter from The Town Tavern for use of their bathrooms. I will contact you when I am ready for a pre-opening inspection. Please contact me at any time should you have any questions or comments regarding this project. Thank you for your assistance. ~ldtr 379-8170 cc: Olsen & Olsen Rob SearslPT Building Dept. Date: Nov. 6, 1996 To: Larry Fay Jefferson County Health Dept. From: Doug Steele Lamy CtECEIVEO Nnll .'-IV - 6 1996 Ji::1-1- c Ht:ALTHoUNTY Dt:PT Re: 126 Quincy Street Amendment to Application Please accept this letter as a request for amendment to my application for Health Dept. Permit. I hereby request the same seating capacity as the original approved permit to the Silverwater Cafe under a previously approved waiver/variance. ~ Date: Oct. 21, 1996 To: City of Port Townsend Building Department & Environmental Health Dept. From: Susan & Ken Eldridge The Town Tavern Port Townsend, Wa. Re: Cafe 126 Quincy Street Dear SirlMadam The cafe at 126 Quincy Street (lesseelDoug Steele Lamy) will have our permission to use the bathroom facilities located in The Town Tavern for their customers and employees during their regular business hours. v~ Ken Eldridge Dec. 2, 1996 Mr. Robert Hinton Jefferson County Board of Commissioners Jefferson County Court House Port Townsend, Wa. 98368 ~ Dear Bob: This letter is to thank the Jefferson County Commissioners for their support of my variance request during our recent appeal meeting with the Health Department on November 26th. The Commissioners also generously volunteered to write a letter to the Washington State Liquor Control Board supporting our plan to re-open doors bet\veen the restaurant site and the Town Tavern site. A meeting to discuss this possibility has been scheduled in Olympia on December 10, ] 996. It would be extremely helpful to be able to present a letter from you prior to that face to face meeting. I know this is very short notice but I feel very fortunate that this presentation can be made so quickly, given the up-coming holiday season. All your help has been greatly appreciated. 'c J-/' / J~~ y / ~ SigGerely, (I'. . /" ~~ tbou~ Lamy P q/Box ]212 Port Townsend, Wa. 3798170