011-07 - Resolution - Conditional Use Permit for Storage BuildingPORT ORCHARD CITY OF 200?05020002
Resolution Rec Fee: $ 34.00 Page: 1 of 3
05/02/2007 08:09 AM .
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RESOLUTION NO. 011-07
A RESOLUTION OF THE CTIY OF PORT ORCHARD,
WASHINGTON APPROVING A CONDffiONAL USE PERMIT
(CUP 025-07) TO ALLOW PLACEMENT OF A STORAGE
BUILDING ON A PROPERTY ZONED RESIDENTIAL 4.5 (R4.5)
Tax Account No. 022301-3-011-2007
Legal Description: The SW 1f4 the SW 1f4 of Section 22, Township 30N, Range
1E., W.M., Kitsap County Washington
WHEREAS, the applicant submitted an application for a building permit on
January 19, 2007; and
WHEREAS, upon review of the application, it was found that a private sports
facility is a non-conforming use in the Residential 4.5 zone; and
WHEREAS, expansion of a non-conforming use for up to 25% of the fair market
value of the existing facility is allowed through a conditional use permit; and
WHEREAS, the proposed development is approximately 6% of the value of the
existing facility; and
WHEREAS, the applicant submitted an application for a Conditional Use Permit
on February 8, 2007; and
WHEREAS, the issuance or granting of a CUP is governed by B3 Section 3 of
Ordinance No. 1748; and
WHEREAS, On March 19, 2007, the City Planning Commission held the required
public meeting in accordance with the criteria set forth in Chapter B3: Permitted, conditional,
and special use tables of Ordinance No. 1748, Zoning Ordinance of the City of Port Orchard and
in the Planning and Development Procedures established under Resolution No. 1844; and
Resolution No. 011-07
Page 2 of 3
WHEREAS, the City Planning Commission took testimony, reviewed materials
and considered all information presented, and recommended approval, with conditions, of a
Conditional Use Permit to allow for the placement of a 3,200 square-foot portable storage
building on a 2.29 acre site, zoned R4.5 as indicated in Planning Commission Resolution 004-07,
and;
WHEREAS, after proper notification the City Council held a public hearing on
April 9, 2007, and
WHEREAS, the City Council has considered all other relevant facts and has
determined that the public interest will be served by the conditional use; and
WHEREAS, being fully advised, the Council finds and concludes as follows
TESTIMONY AND EXHIBITS
The Council bases its findings and conclusions upon the following Exhibits and
Testimony that it finds to be relevant, credible, and persuasive.
1. The following documents were admitted into the record:
a. City Council Agenda Staff Report dated April 9, 2007, together with Attachments.
b. Planning Commission Staff Report dated March 19, 2007
c. Planning Commission Resolution 004-07
d. Letter of permission from Kitsap County Parks Department
2. Joanne Long-Woods, Planning Director, presented the Council Agenda staff report.
3. Bob Showers, President of South Kitsap Western Little League presented the case
for the applicant and answered questions of the Council.
FINDINGS AND CONCLUSIONS
1. The Council adopts the findings and conclusions as set forth in the staff report and
Planning Commission resolution number 004-07 as its own, and the same are
incorporated by reference.
2. The proposed project will be designed in a manner that is compatible with the
character and appearance with the existing, or proposed development in the vicinity
of the subject property.
3. The proposed project will not hinder neighborhood circulation or discourage the
permitted development or use of neighboring properties due to the location, size,
and height of buildings, structures, walls and fences, and screening vegetation of the
proposed conditional use.
PORT ORCHRRD CITY OF 200705020002
Resolution Rec Fee: $ 34.00
05/02/2007 08:09 AM Page: 2 of 3
Karen Flynn, Kitsap Co Auditor
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Resolution No. 011-07
Page 3 of 3
4. The proposed project will be designed in a manner that is compatible with the
physical characteristics of the subject property.
5. The proposed project will mitigate impacts in a manner equal to or greater than the
standards of the City codes.
6. The proposed project will not conflict with the health and safety of the community.
7. The proposed project will not create pedestrian and vehicular traffic that will be
hazardous or conflict with existing and anticipated traffic in the neighborhood.
8. The proposed project will provide adequate public facilities or services and will not
adversely affect public services to the surrounding area, or conditions can be
established to mitigate adverse impacts on such facilities.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON RESOLVES AS FOLLOWS:
THAT, based upon the recommendations of City staff, the testimony presented
at the public hearing, and the findings and conclusions set forth above, the City Council
approves the conditional use permit application (CUP025-07), subject to the following
conditions, which are conditions 1 & 2 of the Planning Commission Resolution:
1. All Best Management Practices for erosion and sedimentation control shall be followed
during site development and during construction
2. A building permit must be obtained from the City of Port Orchard.
THAT, condition No. 3 of the Planning Commission Resolution No. 004-07, shall
be deleted as a condition of approval.
PASSED by the City Council of the City of Port Orchard, signed by the Mayor and
attested by the Interim City Clerk in authentication of such passage this 23rd Day of April,
2007.
KIM E. ABEL, MAYOR
ATTEST:
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Michelle Merlino, City Clerk
PORT ORCHARD CITY OF 200705020002
Resolution Reo Fee: $ 34.00 Page: 3 of 3
05/02/2007 08:09 AM .
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