034-05 - Resolution - Denying Appeal to Overturn a Notice and Order for AbatementRESOLUTION NO. 034-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
DENYING APPUCANT'S APPEAL TO OVERTURN A NOTICE AND
ORDER FOR THE ABATEMENT OF AN UNSAFE OR UNLAWFUL
CONDmON
WHEREAS, on August 30, 2005, the City notified Tacoma Pierce Properties LLC
(the "Applicant") that it was in violation of Port Orchard Municipal Code Section 10.13.020,
which disallows the parking or storage of Commercial Vehicles within the City's residential zone
in excess of 72 hours; and
WHEREAS, within the applicable time period, the Applicant filed a written
appeal request and thus a public hearing was scheduled for October 10, 2005 before the City
Council for the purpose of determining the appeal application; and
WHEREAS, the Council held a public hearing on October 10, 2005 at which time
testimony was taken and the Applicant had the opportunity to present evidence that the
Commercial Vehicle Parking Ordinance had not been violated, and being fully advised, the
Council finds, concludes and resolves as follows:
TESTIMONY AND EXHIBITS
The Council bases its Findings and Conclusions upon the following Exhibits and
Testimony:
1. The Following Documents were admitted into the record:
A. City Staff Report dated September 19, 2005, including attachments 1 through
8.
B. City Agenda Staff Report, dated October 10, 2005
2. Kathy Woodside, City Code Enforcement Officer, described the commercial
vehicle and legal basis for filing the notice of violation against the Applicant. She
summarized the Staff Report and its attachments. She asked the Council to deny
the application to overturn the notice of violation.
3. Brian Wilson, owner of Tacoma Pierce Properties LLC, spoke to the Council and
asked them to affirm the request and overturn the notice of violation. He stated
the vehicle has been in the same location for approximately 10 years and has
traditionally been used as a storage facility. He stated that the vehicle is not an
eyesore with the neighbors, does not block any views, and has not received any
complaints from tenants. He felt that due to the longevity of the vehicle being at
the site that it should be allowed to remain and that the vehicle played an
integral part of the apartment complex storage area.
FINDINGS
Resolution No. 034-05
Page 2 of 2
Based upon the above testimony and evidence the City Council finds as follows:
1. The Applicant has a commercial vehicle parked on a residential zoned parcel.
The commercial vehicle was parked on the parcel in excess of 72 hours.
2. Commercial vehicle parking in excess of 72 hours is not allowed within a
residential zoned parcel (POMC 10.13.040 Nonconforming Use).
3. The Applicant did not contest the facts as presented by City Staff.
CONCLUSIONS
1. The City's Commercial Vehicle Parking Ordinance does not allow the continual
parking of a commercial vehicle on the residential site, nor does it allow for the use
of a commercial vehicle for storage.
2. Applicant is in violation POMC 10.13.020.
3. POMC 10.13.020 is a parking code violation rather than a zoning code violation.
The City Council does not have the authority to grant a zoning variance.
Violation of POMC 10.13.030 is a civil infraction. Failure to remove the vehicle
will subject the Applicant to daily fines pursuant to POMC 10.13.060.
WHEREFORE, T HE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. For the reasons set forth in the Findings and Conclusions, the application of
Tacoma Pierce Properties LLC, appealing the notice and order of abatement of an unsafe or
unlawful condition for violation Port Orchard Municipal Code Section 10.13.020 is hereby denied.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 14th day of November 2005.
KIM ABEL, MAYOR
ATTEST: