2097 - Resolution - Exemptionn from View Protection Overlay DistrictCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RESOLUTION NO. 2097
A RESOLLJITON OF THE CITY OF PORT ORCHARD, WASHINGTON
APPROVING THE EXEMPTION FROM THE VIEW PROTECTION
OVERLAY DISTRICT AND THE REQUIREMENTS OF ORDINANCE
NO. 1785 FOR PROPERTY LOCATED AT 210 CASECO LANE.
Tax Account No. 262401-3-054-2006
The NE '14 of the SW '14 of Section 26, Township 24 North, Range 1 East, W.M.
Kitsap County Washington
Legal Description: LOT C, CITY OF PORT ORCHARD SHORT NO. P0-114 (S-
1123) RECORDED UNDER AUDITOR'S FILE NO. 200406180327, IN VOLUME 18,
OF SHORT PLATS, PAGES 70 & 71, BEING AN AMENDMENT OF REVISED LOT D,
CITY OF PORT ORCHARD SHORT PLAT NO. P0-61R-1 (S-1069R-1), RECORDED
UNDER AUDITOR'S FILE NO. 200207240157/0158, BEING AN AMENDMENT OF
200107110002 AND 9211200189/191. BEING A PORTION OF GOVERNMENT LOT
1 IN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. TOGETHER WITH
EASEMENTS AS DEPICTED ON THE SHORT PLAT.
WHEREAS, In adopting the View Protection Overlay District, the City Council
realized that there are some properties in the District which could be built upon in accordance
to the requirements of the zoning ordinance and not obstruct views of adjoining properties; and
WHEREAS, the City received an application to have property located at 210
Caseco Lane exempted from the View Protection Overlay District, and Ordinance No. 1785; and
WHEREAS, after proper legal notice, the City Council held a public hearing
regarding the exemption request on November 8, 2004; and
WHEREAS, the Comprehensive Plan designation for the property is Low Density
Residential and the proposed development is consistent with the goals and policies of the
Comprehensive Plan; and
WHEREAS, the proposed exemption is not detrimental to the health, safety,
and welfare of the community and is in harmony with the general purposes of the Zoning
Ordinance, Growth Management Act, and Comprehensive Plan; and
Resolution No. 2097
Page 2 of 2
WHEREAS, being fully advised, the Council finds and concludes as follows:
FINDINGS AND CONCLUSIONS
The Council adopts the following findings:
1. 210 Caseco Lane is located within the View Protection Overlay District;
2. The proposed site plan shows topography and the proposed building
location;
3. The applicant submitted the proposed building elevations, and included
an analysis of the site and surrounding properties; and
4. The analysis includes photographs of the view shed toward the proposed
structure linked to map locations demonstrating that the proposed
building does not obstruct existing views.
Based upon the findings, the Council adopts the following conclusions:
1. The granting of the exemption is not detrimental to the public health,
safety, or welfare or does not create significant adverse effects to other
properties and improvements in the view protection overlay district;.
2. The granting of the exemption is in conformance with the policies and
goals of the Comprehensive Plan;
3. The view of adjacent property owners is not obstructed or reduced if the
property to be exempted were developed to maximum height and
dimensions allowed by the underlying zone; and
4. The granting of such exemption does not reduce the solar access of
neighboring lots.
Now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
RESOLVES AS FOLLOWS:
THAT· Based upon the materials submitted and presented at the public hearing
and the findings and conclusions contained herein, the property located at 210 Caseco Lane is
exempted from the View Protection Guidelines and Requirements set forth in Ordinance No.
1785. All other applicable zoning and building requirements shall apply.
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 22"ct day of November 2004.
KIM ABEL, MAYOR