Hearing examiner to issue decision on Weisman wetland permit after staff recommends approval

A City of Lacey hearing examiner heard staff presentation and applicant comments on Sept. 16 on the Weismans’ application for a wetland development permit and reasonable use exception to build a 1,600-square-foot single-story home on an approximately 0.5-acre lot at 30 Third Avenue Southeast. City staff recommended approval, the examiner admitted exhibits 1 through 7 into the record and closed the hearing, and said a written decision will be issued within 10 business days.

City planner Sarah Bartz told the examiner the proposed structure would be placed on the western portion of the lot, outside the delineated Category 2 wetland but inside the regulated 100-foot wetland buffer. To reduce buffer impacts, the plan pulls the house toward the western property line, reduces the front-yard setback in the low-density zone from 16 feet to 10 feet, keeps the garage at the required 20-foot setback, and increases the west side yard from 5 feet to 10 feet. The application includes installation of a permanent fence along the wetland edge to separate residential activities from the sensitive area and standard construction erosion controls.

The application relies on a critical areas report prepared by West Fork Environmental dated April 7, 2025. That report identified two wetlands near the site: Wetland A, an on-site Category 2 wetland with a habitat score of 4 and a required 100-foot buffer, and Wetland B, an off-site Category 1 wetland whose buffer does not affect the property. Bartz said there are no planned direct impacts to the wetland itself and that the project footprint has been minimized. She recommended approval of the wetland development permit with the conditions listed in the staff report.

During the hearing an examiner asked staff whether the record supports a conclusion that the proposal would not create adverse impacts to the wetland. Bartz and the staff member who prepared the report said the permit application avoids direct impacts to Wetland A, that the existing driveway on an adjacent property already bisects part of the wetland, and that protective measures (the fence and preserving on-site trees) and minimizing the building footprint led staff to conclude the proposal would not impact the wetland. As Sarah Bartz said during her presentation, "Based on that analysis, we recommend approval of the wetland development permit." The applicant, Mr. Weisman, described the wetland as "a seasonal, wet wetland. It dries up in the summertime."

The hearing record shows no public commenters participated. The examiner admitted exhibits 1–7 (the land use application, wetland development application, site plan, critical areas/arborist report, notices and staff review documents) and closed the public hearing. The examiner said he is required by state law to base his decision only on evidence entered into the record that day and expected to issue a written decision in approximately 10 business days. Staff told the applicants that, if the permit is approved, they will proceed to the standard building permit design review for a single-family home.

The proceedings centered on whether the unavoidable encroachment into the 100-foot wetland buffer could be mitigated to avoid adverse effects to wetland functions. Key factual points in the record include the lot size (about one-half acre), the proposed 1,600-square-foot, single-story building footprint, the Category 2 classification and habitat score of Wetland A, the 100-foot buffer requirement under city code, and a nearby driveway that already bisects the wetland. Conditions and any required mitigation will be specified in the examiner’s written decision and the staff report included in the hearing record.