2053 - Resolution - Denying Conditional Use PermitThis Resolution was reconsidered on 3/08/84
See Resolution No. 2060
RESOLUTION NO. 2053
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
DENYING A CONDillONAL USE PERMIT (CUP 012-03), AS
SUBMITTED BY AS SUBMITTED BY DAVID Z. LEVINE, D.O. TO UTIUZE
AN EXISTING SINGLE FAMILY RESIDENCE AS A HOME OCCUPATION ON
AN INTERIM BASIS AS A PART-TIME PHYSICIAN'S OFFICE. THE
PROPERTY IS LOCATED AT 1396 CEDAR CANYON PLACE
TAX PARCEL NUMBER: 5153-000-051-0002
WHEREAS, a Home Occupation is authorized as a Conditional Use in the
R-8 zone; and,
WHEREAS, the Comprehensive Plan designation of "Medium Density
Residential" allows non-residential uses provided they are characterized as a "traditional
neighborhood use" and,
WHEREAS, the applicant submitted a petition signed by members of the
neighborhood who were not opposed to the proposed Home Occupation; and,
WHEREAS, the Planning Commission held a Public Meetings for the
proposal on December 15, 2003; and,
WHEREAS, the Planning Commission heard all testimony from the
applicant and there was no public testimony in favor or objecting to the proposed use;
and
WHEREAS, the Planning Commission found that the proposal is not a
traditional neighborhood use as defined under Medium Density Residential on page VI-8
on the Comprehensive Plan; and recommended that the conditional use application be
denied; and
WHEREAS, after proper notification, the City Council held the public
hearing on January 26, 2004, and
WHEREAS, the City Council heard testimony against the proposed
Conditional Use Permit expressing a concern with limited parking in the area and setting
precedence for these types of permits within a residential neighborhood; and
WHEREAS, the applicant did not appear at the public hearing, and there
was no testimony in favor of the proposed application; and therefore
Resolution No. 2053
Page 2 of 2
BE IT RESOLVED that the City Council hereby denies the Home
Occupation/Conditional Use Permit as submitted by David Z. Levine, D.O., for the
residence located at 1396 Cedar Canyon Place and adopts the Planning Commission
Resolution No. 343-03 with Findings, Conclusions and Conditions as their own.
PASSED by the Qty Council of the City of Port Orchard, APPROVED by the Mayor,
and attested by the Clerk in authentication of such passage this gth day of February 2004.
KIM E. ABEL, MAYOR
ATIEST: