Hearing Examiner Hears Four Wetland Buffer RUE Requests in Ocean Shores; Decisions Deferred

Peragan Sorder, the hearing examiner the city selected to take land‑use evidence, opened an Ocean Shores Hearing Examiner session on March 31, 2026, to consider four reasonable‑use exception (RUE) applications seeking authorization to impact critical‑area wetland buffers.

City planner Michelle Mahia presented staff reports and recommended conditions for each application. Staff said each parcel is zoned R1 (single‑family residential), that off‑site category 3 wetlands and their standard buffers encumber the lots, and that the proposed development would therefore require an approved reasonable‑use exception under Ocean Shores Municipal Code (OSMC) 17.16.020. Staff also confirmed public notice was provided to owners within 300 feet and to the Daily World as required by OSMC 17.52.090.

RUE26001 (408 North Bair Loop SW) — Applicant Rusty Cole Staff said the property is roughly 0.17 acre and presented plans showing a building footprint sited to minimize buffer impacts. Staff reported the proposal would impact approximately 3,680 square feet of wetland buffer and recommended mitigation by purchase of credits from the city’s Weatherwax wetland mitigation bank, delineation fencing and critical‑area signage, and standard building/setback requirements. The examiner swore in the applicant’s expert (identified in the record as Nick McMurray), who confirmed the footprint and the mitigation approach. The applicant could not immediately unmute on Zoom but, through counsel and the expert, confirmed they had reviewed and could comply with the recommended conditions. No members of the public testified on this item.

RUE26002 (460 West Wind Street) — Applicant Colin Murray Staff presented this RUE for a parcel for which staff reported approximately 1,638 square feet of buffer impacts to an off‑site category 3 wetland with an approximately 105‑foot buffer. Staff noted the record includes a designated buildable area of roughly 3,600 square feet that would accommodate a single‑family residence and required defensible‑space and driveway design. The city’s wetland expert on the record confirmed the buffer extent and design choices to minimize impacts; the applicant (Colin Murray) was sworn, said he has a contractor lined up, described plans for a two‑story home, and confirmed he would comply with staff conditions. No public comment was offered.

RUE26003 (144 Marine View Drive) — Applicants David Ray and Terresa Doppelare This matter seeks authorization for two side‑by‑side RV pads and a gravel access driveway; staff reported approximately 3,634 square feet of buffer impacts and described the lot as shrubland habitat with an ~80‑ft wetland buffer that covers most of the parcel. The applicants and their consultant said the pads were sited to preserve buffer function and that no water or sewer extensions are proposed at this time. Applicant David Ray spoke by Zoom and said the parcel functions as a buffer to their adjacent property and that they intend minimal, recreational uses; he asked whether the city would allow flexibility in the style of delineation fencing to reduce impacts to deer and the lot’s aesthetics. City staff indicated some flexibility on fencing details could be worked out in follow up.

RUE26004 (463 C View Street) — Applicants James Gagley and Rebecca Jacob Staff reported this parcel would incur roughly 4,085 square feet of buffer impacts to an off‑site category 3 wetland (a 110‑ft buffer that extends over the lot). Plans showed a ~1,500 sq ft house footprint plus shed and deck; staff again recommended mitigation via purchase of mitigation bank credits, delineation fencing and signage, and full compliance with building and fire code. Applicants Rebecca Jacob and James Gagley were sworn, spelled their names for the record, said they had reviewed staff conditions and would comply, and described the project as long‑term and modest in scale.

Outcome and next steps No formal votes or final decisions were taken at the hearing; the examiner repeatedly stated that he will issue written decisions within 10 business days after closing the record. The record for each matter includes the staff reports, project plans, wetland reports, and the testimony admitted at today's hearing. Where fencing is required, staff said applicants can coordinate fence style details with the city to address wildlife and aesthetic concerns.

What to watch for The hearing examiner’s written decisions will state whether each RUE is granted and, if so, the exact mitigation ratios, fencing or signage specifics, and any site‑specific conditions. Interested neighbors and applicants should monitor the city website or contact the planning department for the examiner’s written determinations when they are issued.