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Proposal for short‑term rental cabins at Ocean Shores Boulevard seeks exception to impact 7,933 sq ft of wetland buffer
Summary
A developer asked for a reasonable‑use exception to allow short‑term rental cabins at 897 Ocean Shores Boulevard that would impact 7,933 sq ft of wetland buffer; the consultant presented three design options, the team selected one meant to maximize preserved buffer, and the city and examiner discussed mitigation bank credits and a likely rear‑yard‑setback variance. The hearing record shows a slide typo; the correct mitigation credit requirement at a 0.5:1 ratio is 3,967 sq ft.
The Ocean Shores hearing examiner took testimony on a reasonable‑use exception (RUE) application for short‑term rental cabins at 897 Ocean Shores Boulevard (file referenced as DEN 260013). City staff said the 39‑acre site sits in a B1 retail‑commercial zoning district where short‑term rentals are a permitted use, but the parcel is encumbered by a Category 3 wetland and associated buffers, and the project would impact 7,933 square feet of buffer.
City staff recommended conditions if the hearing examiner approves, including that construction meet current planning, zoning, building and fire codes; that the applicant craft and execute a wetland/buffer mitigation plan that includes delineation fencing and signage to protect unmitigated critical areas; and that all appropriate business licenses and endorsements be obtained and the project adhere to Ocean Shores Municipal Code 17.49.60.
Christian Fromath, the applicant’s hydrologist and aquatic ecologist with Auierra Land and Water Services, described three design iterations. He said the team was able to avoid wetland impacts entirely but could not avoid buffer impacts. The selected option places the main driveway on the parcel’s eastern flank and positions buildings between the road and wetland to increase preserved buffer area, reduce driveway disturbance along the wetland edge, and simplify emergency access. Fromath explained additional measures including parking placement, backend‑parking signage to avoid headlights directed into habitat, and lighting restrictions to limit disturbance.
Fromath reported proposed buffer impacts of 7,933 sq ft and said the preserved on‑site buffer area labeled P1 is 2,692 sq ft. He proposed off‑site mitigation using credits from the municipal Weatherwax mitigation bank at a mitigation ratio allowed by code of 0.5:1. During a review of the slides the hearing examiner noted a typo on the presenter slide and said the correct mitigation credit obligation for a 7,933 sq ft impact at a 0.5:1 ratio would be about 3,966 (rounded to 3,967) sq ft of bank credits; the presenter acknowledged that correction.
Fromath said the team’s rationale for a 0.5:1 ratio is that the mitigation bank offers high‑quality, contiguous habitat that, in the consultant’s view, would achieve no net loss of wetland functions for the area. The consultant characterized the on‑site buffer as fragmented and isolated and said the larger, more contiguous bank site would provide greater functional value than the small, encroached buffer on the project parcel.
Property owner Mike Deng was sworn and said he and the project team want to conserve the land and will follow applicable codes and the city’s recommended conditions. Marshall Reed, the city’s lead planner, testified about B1 setback standards and fire‑code spacing, clarifying that a five‑foot side‑yard standard without rated walls can be applied and that 10 feet of separation between buildings is a fire‑code consideration; that clarification could affect whether a rear‑yard setback variance is required in the final approval.
No members of the public offered opposing testimony at the hearing. The hearing examiner adjourned the matter and said a written decision will be issued within 10 business days.
