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Hearing examiner reopens shoreline variance for Boathouse Cove; Ecology-backed redesign reduces drain fields
Summary
A reopened San Juan County hearing for a shoreline variance at Boathouse Cove LLC (owner: Nelson) will consider a revised septic plan developed with the Washington Department of Ecology that reduces proposed drain fields from two to one; county staff signaled support and the examiner said he would issue a decision in early April.
The San Juan County Hearing Examiner reopened a previously heard shoreline‑variance matter for Boathouse Cove LLC to accept new materials and comments after the Washington Department of Ecology submitted revised site information affecting septic placement.
County planner Rick (or "Maycock" in the record) explained that Ecology and the applicant worked to develop a new site plan that reduces the number of proposed septic drain fields from two to one and relocates the planned drain field area within the development. Maycock said Ecology had transmitted an email supporting the proposed realignment and that the county "supports the proposed changes." The staff exhibit with Ecology’s correspondence was marked in the record as Exhibit 1 for the reopened hearing.
Michelle Shaw, representing the applicant and speaking under oath, described the technical issue: septic setback rules require drain fields to be at least 100 feet from the ordinary high‑water mark (OHWM) and from wells; a health‑department waiver can reduce the OHWM setback to 75 feet. Shaw said the initial septic design used a surveyed OHWM but Ecology’s verified OHWM was higher (an elevation change that the applicant described as a 12‑foot discrepancy in elevation in parts), which forced the applicant to move the septic onto a specific lot (parcel 450251003). Shaw said the applicant accepts Ecology’s verified OHWM and submitted the revised plan accordingly. Shaw also said the health department has not yet approved the septic system pending the variance approval.
Applicant owner Richard ("Mister Nelson") asked for an expedited decision, saying the project is behind schedule. Hearing Examiner Gary McLean said he would try to issue a decision "in early April" and that county shoreline permits are often conditioned on any subsequent approvals by other agencies (for example, Ecology’s final action). McLean said any changes Ecology approves would condition county approvals so the county permit would not necessarily need to return to the examiner for minor revisions.
McLean closed the reopened hearing portion after no members of the public offered additional comment. He said he would take the record under advisement and issue a written decision as soon as possible.
