HomeMy WebLinkAboutDecision - Signed (2) ot�Y �+;+ Anacortes Planning, Community & Economic Development Department
,J�'C � 904 6TH Street/P.O. Box 547,Anacortes, WA 98221
�/cS4' (360) 299-1984-Office Hours: Mon-Fri 8:00 AM—5:00 PM
LETTER OF EXEMPTION
From the Requirement for a Shoreline Substantial Development Permit
File Number SLX-2022-0005 Application Date March 24, 2022
Project Title Smith Deck Replacement Report Date April 25, 2022
Site Address 5203 Doon Way APN P60031
The applicant is requesting a shoreline exemption for removing the 210 sq. ft. existing
deck, patio pavers, a cement walkway, cinder blocks and two cement pads and
replacing with a 740 sq. ft. wood frame deck with composite decking resulting in a net
removal of 300 sq. ft. of existing impervious surfaces.
A gas firepit will be built into the lower tier of the deck and will leverage the existing
gas line. The existing hot tub will be repositioned with a new 49 sq. ft. cement pad.
Request The new deck structure will be entirely landward of the 25' OHWM shoreline setback.
The proposed paver walkway from the deck to the (previously approved: SDP-2021-
0011) dock ramp pad will extend approximately 10 ft. into the shoreline setback with
a total impervious area of approximately 40 sq. ft.
The applicant will install approximately 1,727 sq. ft. of landscaping around the
proposed deck extending to the top of the embankment and approximately 400 sq. ft.
of landscaping in the northeast corner of the lot.
Owner Jason Smith &Jhana Shimizu—5203 Doon Way, Anacortes, WA 98221
SEPA Review The proposed deck replacement is exempt per WAC 197-11-800(1), Minor new
construction.
SMP 2.4(E)(7) & WAC 173-27-040(2)(g), Construction on shorelands by an owner,
lessee, or contract purchaser of a single-family residence for their own use or for the
Shoreline Exemption use of their family and normal appurtenances. An "appurtenance" is necessarily
Type connected to the use and enjoyment of a single-family residence and is located
landward of the ordinary high water mark(OHWM).
Pursuant to Appendix "A" of the Shoreline Master Program (SMP) regulating critical
areas, the subject development was reviewed for proximity to critical areas. The
subject property is subject to the following:
• SMP A-3: Geologically Hazardous Areas
Critical Areas o Based on City mapping, the subject property is located in a geologically
hazard area for tsunami hazard and positioned on modified soil.
• SMP A-1: Frequently Flooded Areas
o Based on FEMA's National Flood Hazard Mapping, the project location is in
FIRM panel 5303170060A and is identified as Zone X.
SLX-2022-0005—Smith Deck Replacement Shoreline Exemption - Decision
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SHORELINE INFORMATION
Shoreline Environment The subject property has a shoreline environment designation of Shoreline
Residential.
Water Body Flounder Bay
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FINDINGS OF FACT
1. The project proposes the removal and replacement of an existing deck. Per SMP Section 5.9 Shoreline
Residential, permanent buildings/structures on the shoreline along Burrows Bay allow for a minimum setback
of 25 ft. from the OHWM. Patios, decks under 30 inches, or other structural or impervious surfaces, shall be
limited to no more than 150 square feet and intrude no more than 10 feet into the shoreline setback.
1.1. The proposed new deck structure would be landward of the OHWM and located outside of the 25 ft. buffer
and setback.
1.2. The proposed paver walkway from the deck to the(previously approved: SDP-2021-0011)dock ramp pad
will extend approximately 10 ft. into the shoreline setback with a total impervious area of approximately
40 sq. ft.
2. Per SMP Table 5.2. and DR-5.9.10, areas of impervious surface, including parking areas, are limited
depending on slope.Areas waterward of the ordinary high water mark and areas of marine bluffs, steep slopes,
and wetlands shall not be included to calculate land area.
2.1. The subject property has a property slope of 15% or less; therefore, the allowable lot coverage of
impervious surface is 30%. The buildable area landward of the OHWM subject property is approximately
8,130 sq. ft. and would therefore allow roughly 2,439 sq. ft. of impervious surface.
SLX-2022-0005—Smith Deck Replacement Shoreline Exemption - Decision
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2.2. The existing impervious surfaces total approximately 70%; the proposed development would result in a
reduction of 300 sq. ft. of impervious surface.
2.3. Being as the total impervious area coverage is to be reduced and the proposed development is not a new
use, the 30% impervious surface total is not required to be met, so long as no additional impervious area
would be allowed, outside of this decision.
3. Per SMP DR-5.9.11, where a riparian vegetation does not exist or is degraded, a minimum of 15%of the total
lot area shall be retained or replanted with native vegetation.
3.1. The subject property is approximately 8,130 sq. ft. from the top of the shoreline bank; therefore, 1,219.5
sq. ft. of native vegetation replanting would be required with the majority being planted within the 25 ft.
shoreline setback.
3.2. Additionally, AMC 19.42.030, requires a landscape area of 20% of the total lot area, at a minimum;
therefore, 1,626 sq. ft. of landscape area is required.
3.3. Approximately 2,127 sq. ft. of landscaped area is proposed, with a large density of native plantings within
the shoreline setback.
CONCLUSIONS OF LAW
1. The proposed deck, as conditioned, is consistent with SMP 2.4(E)(7) &WAC 173-27-040(2)(g).
2. Based on the provided landscape plan, the proposed development would meet the landscaping requirements
of the Anacortes Municipal Code and Shoreline Master Program.
3. As conditioned, the proposal is consistent with the policies of the Shoreline Management Act.
4. As conditioned, the proposal is consistent with the Shoreline Master Program.
DECISION
®Approved
❑ Denied Don Measamer, Shoreline Administrator Da e
CONDITIONS OF APPROVAL
1. Pursuant to WAC 173-27-040(1)(e), the applicant must comply with all work as described within the Master
Land Use application and site plan with landscaping and building plans, date stamped April 26, 2022, or as
modified by other agency requirements.
1.1. This exemption is based only on the plans and application materials, noted within the file of record,
received from the applicant. Any changes shall be reviewed by the City of Anacortes Planning
Department to ensure that the exemption is still valid.
2. The applicant must adhere to the applicable policies and development regulations contained in the City of
Anacortes's 2010 Shoreline Master Program including but not limited to those in: 5.9—Shoreline Residential,
and Chapter 6 Environmental Protection General Regulations; and other applicable provisions of the Shoreline
Master Program.
3. Pursuant to SMP DR-5.9.11 and AMC 19.42.030, a total landscaped area of 2,127 sq. ft. shall be installed
prior to final inspection.
4. Pursuant to RCW 27.53.020 and SMP 6.4 for Archaeological/Historic/Cultural Impacts, if any artifacts or human
remains are found upon excavation, the Samish Indian Nation; the City of Anacortes' Department of Planning,
Community, & Economic Development; the City of Anacortes' Police Department; and the State of
Washington's Department of Archaeology and Historic Preservation (DAHP) shall be immediately notified and
the work in the immediate area cease.
SLX-2022-0005—Smith Deck Replacement Shoreline Exemption - Decision
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4.1. Pursuant to RCW 27.53.060 it is unlawful to destroy any historic or prehistoric archaeological resources.
5. Best Management Practices (BMPs) must be implemented at all times during the proposed maintenance and
repair activities.
6. All applicable local (including a building permit), state and federal permits and authorizations must be secured
prior to work beginning on the site. Copies shall be provided to the city.
7. The applicant/landowner must comply with federal statutes including but not limited to: The Endangered
Species Act, Clean Water Act, Marine Mammal Protection Act, and other federal statutes.
8. Pursuant to WAC 173-27-040(1)(e), a copy of this exemption and attached conditions must be kept on-site
and provided to the applicant or contractor and all others working within the shoreline area at all times. The
applicant, contractor, machinery operators and all others working within the shoreline area shall have read this
exemption and attached conditions and shall follow its conditions at all times.
Note: An exemption from the Substantial Development Permit requirements does not constitute an exemption
from the policies and use regulations of the Shoreline Management Act, the provisions of the Shoreline Master
Program, or other applicable City, state, or federal permit requirements.
APPEALS
Per AMC Table 19.20.030-1 and 19.20.210, the Administrator's decision may be appealed to the Hearing
Examiner. Appeals must be delivered to the City Clerk by mail or personal delivery before 5:00 PM on the last
business day of the appeal period (14 days). Appeals received by mail after 5:00 PM on the last day of the
appeal period will not be accepted, regardless of when such appeals were mailed or postmarked. Contents of
an a.seal shall contain the information and items as listed in AMC 19.20.210 F .
CITY STAFF CONTACT
Name: Title:
Nathan Associate Environmental Phone: E-mail:
Goldschmidt Planner (360) 588-8376 NathanG@cityofanacortes.org
SLX-2022-0005—Smith Deck Replacement Shoreline Exemption - Decision
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