2060 - Resolution - Denying Conditional Use Permit Submitted by David LevineRESOLUTION NO. 2060
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
DENYING A CONDITIONAL USE PERMIT (CUP 012-03) AS
SUBMffiED BY DAVID Z. LEVINE, D.O. TO USE HIS SINGLE
FAMILY RESIDENCE ON AN INTERIM BASIS AS A PART-TIME
PHYSICIAN'S OFFICE
WHEREAS, Dr. David Levine, applicant, submitted a Home Occupation
Conditional Use Permit, application file no. CUP 012-03, on October 1, 2003 to utilize his
residence at 1396 Cedar Canyon Place, Port Orchard for a home occupation as a private medical
practice on an interim basis; and
WHEREAS, the Comprehensive Plan designation for the subject property of
"Medium Density Residential" allows non-residential uses provided they are accessory and
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, several neighbors expressed concern that a home occupation
private medical clinic would change the character of the neighborhood, and therefore would not
be compatible with single-family residential setting; and
WHEREAS, the Planning Commission held a Public Meeting for the proposal on
December 15, 2003 and heard testimony from the applicant, as well as testimony in support of
and in opposition 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 in the
Comprehensive Plan, and recommended that the conditional use application be denied for the
reasons contained in Planning Commission Resolution No. 343-03; and
WHEREAS, after proper notification, the City Council held a public hearing on
January 26, 2004; and
WHEREAS, the applicant failed to appear at the public hearing after being
properly informed of the hearing date, time, and location; 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 uses within a residential neighborhood; and
WHEREAS, based upon the recommendation of the Planning Commission and,
public testimony in opposition to the proposal, the City Council approved Resolution No. 2053
adopting the findings and conclusions of the Planning Commission and denying the conditional
use permit application; and
Resolution No. 2060
Page 2 of 2
WHEREAS, on February 9, 2004 a majority of the City Council agreed to
reconsider the Council's decision to deny the application; and
WHEREAS, after proper notification, the City Council held a second public
hearing on March 8, 2004, where the applicant appeared and testified in support of his
application for a conditional use permit; and
WHEREAS, neighbors and patients of Dr. Levine testified in support of and
against the proposed use.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
RESOLVES AS FOLLOWS:
SECTION 1. Based on testimony presented at the public hearings, the City
Council adopts the Findings and Conclusions set forth in Planning Commission Resolution No.
343-03 as their own, together with the following additional findings and conclusions.
A. The applicant's patients use Cedar Canyon Place, a cui de sac, for parking
and for turning around when they leave the applicant's neighborhood.
B. Children in the applicant's neighborhood play in the street and cui de sac.
C. Additional vehicular traffic will be generated if the applicant is permitted to
operate a part-time physician's office in his residence.
D. The applicant's proposed use conflicts with the health and safety of the
community.
E. The applicant's proposed use will create vehicular traffic that is hazardous or
conflicts with existing and anticipated traffic in the neighborhood.
SECTION 2. Based on the foregoing, the conditional use permit application,
CUP 012-03, as submitted by David Z. Levine, D.O. to use his single-family residence on an
interim basis as a part-time physician's office is denied.
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor, and attested by the Clerk in authentication of such passage this 22"d day of March 2004.
KIM E. ABEL, MAYOR
ATTEST: