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County planner recommends approval of after‑the‑fact shoreline variance for septic repair; record left open
Summary
County planner recommended approval of an after‑the‑fact shoreline variance for a septic repair on Shaw Island; neighbors raised erosion and access concerns, the applicant said approvals and mitigation were in place, and the examiner left the record open for the health‑department approval and other supplemental materials due by next Wednesday at 3 p.m.
The hearing examiner considered an after‑the‑fact shoreline variance application brought by Carmen Byer for an emergency septic system replacement on Shaw Island. County planner Colin Maycock summarized the staff position, saying the parcel is narrow (about 160 feet at its widest point), largely within FEMA VE/AE flood hazard zones, and that the recently installed system was positioned to avoid, as much as possible, the flood zones. Maycock said the County Health Department approved the septic design and the Department of Ecology visited the site and had not submitted written objections; staff recommended approval of the variance.
Neighbor commenter Mr. Zakes said he and other residents live on a narrow isthmus and raised concerns about documented erosion and a failing bulkhead nearby, arguing those conditions increase risk when a septic system is placed in the floodplain and asking that all required permits and reports be verified. “Our biggest concern is … a failing bulkhead and documented erosion on the isthmus,” Zakes said.
Applicant Carmen Byer, who was sworn and identified herself as a full‑time resident of the property, said the record is complete and urged the examiner to adopt the county’s recommendation. Byer said some issues (road and easement rights) are the subject of separate litigation and should not be litigated in this permitting process; she also described planting and mitigation work done with Friends of the San Juans and a native‑plant arborist.
Maycock asked the examiner to note that the health‑department design approval and the approved site plan were part of the record; the examiner asked staff to submit a PDF copy of the health‑department approval and asked the applicant to supplement the record if she wished. The examiner left the record open and set a deadline for supplementary filings: next Wednesday by 3:00 p.m. for the county to provide the requested exhibit and for the applicant to file any supplemental response.
No formal decision was made at the hearing; the examiner will consider the full record, including any supplements submitted by the deadline, and then issue a written decision.
