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1806 - Resolution - Special Use Permit to Darin WolfCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RESOLUTION NO. 1806 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE ISSUANCE OF A SPECIAL USE PERMIT TO DARIN WOLF AND AMY VENGLAR FOR PROPERTY LOCATED AT 775 OLNEY AVENUE FOR A SPECIFIC USE OF A PARCEL OF PROPERTY WHICH 1S 1N HARMONY WITH THE VARIOUS ELEMENTS OR OBJECTIVES OF THE COMPREHENSIVE PLAN AND IS NOT DETRIMENTAL TO EXISTING USES PERMITTED IN THAT PARTICULAR ZONE. Tax Account No. 252401-4-036-2008 Legal Description: Section 25, Township 24, Range 1 East Full legal description: Attachment "A" WHEREAS, the City Planning Commission has held the required public hearing in accordance with the criteria set forth in Chapter 6 (Special Use Permits) of Ordinance No. 1469, Zoning Ordinance of the City of Port Orchard, and; WHEREAS, the City Planning Commission has recommended denial of the Special Use Permit application by Darin Wolf and Amy Venglar to allow a drive -through and walk-up espresso stand, located 775 Olney Avenue and has recorded with the City Clerk their decision setting forth their findings and recommendations, and WHEREAS, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation, and WHEREAS, the City Council did hold a public hearing on April 13, 1998 to take testimony, review materials and consider all information presented, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY approve the issuance of a Special Use Permit to allow a drive -through espresso stand, located 775 Olney Avenue with 8 conditions: Resolution No. 1806 Page 2 of 2 The property must be surveyed. The survey must be recorded prior to the espresso stand opening for business. 2. The espresso stand shall not use the public right of way for a service lane without written authority from the City of Port Orchard. Service lanes shall be a minimum of 12 feet in width with directional arrows guiding traffic flow. 3. The building shall be re -positioned to meet setback requirements and shall have barrier protection at the service lane approaches. 4. Written approval from Washington Department of Labor and Industries approving the electrical system is required prior to opening for business. 5. The Bremerton-Kitsap County Health District prior to opening for business must issue a Food Establishment License. 6. Signage is limited to the two (2), three (3) foot by four (4) foot non -illuminated signs depicted in the site plan and shown in the digital photographs taken March 2, 1998. No additional signage is permitted without first obtaining a sign permit, and no signage is permitted to encroach into the right of way. 7. Any future expansion of the espresso stand including external seating areas requires additional City Council review under a revised Special Use Permit. 8. The terms of the Special Use Permit shall commence within 180 days from the effective date of approval. If the time limit for development expires and development has not commenced, or the use permitted by this permit does not exist, the permit shall be considered void. No notice need be given nor hearing held. 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 t ' 27th day of April, 1998. LESLIE J. WEATHERILL, MAYOR Patricia Parks, City Clerk Resolution 1806- ASSRCTR2 11:05 AM Attachment ATS/C2330 LEGAL DESCRIPTION FOR 252401-4-036-2008 02/02/98 i SECTION 25 TOWNSHIP 24 RANGE lE •`� 1 2 FILE NO. 7709040125 >> THAT PART OF THE SOUTH',HALF.-OF THE 3 NORTHEAST QUARTER OF THE SOUTHEAST QUARTER- OF•SECTION 251 4 TOWNSHIP 5 WA HINGTON�, DESCR'IB NORTH RANGE FOLLOWA: BEG�NNINGAATCTHETY' 6 NORTHEAST CORNER OF SAID SOUTH HALF OF THE NORTHEAST 7 QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG THE EAST LINE 8 THEREOF SOOUTH 0*31147" WEST 456.-00 FEET TO THE TRUE POINT 9 OF BEGINNING; THENCE CONTINUING SOUTH 0*31147" WEST 176.59 10 FEET TO A POINT 30 FEET NORTH OF THE SOUTHEAST CORNER OF 11 SAID SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST 12 QUARTER • THENCE NORTH 88*34,01" WEST, PARALLEL WITH THE 13 SOUTH LfNE OF SAID SOUTH HALF OF THE NORTHEAST QUARTER OF 14 THE SOUTHEAST QUARTER 87 FEET, MORE OR LESS TO THE 15 EASTERLY MARGIN OF OLkEY ROAD; THENCE NORTHWkSTERLY ALONG PRINT TO FILE ASSRCTR2 11:05 AM ATS C2330 4 / LEGAL DESCRIPTION FOR 252401-4-036,'2008- 02/02/98 ram: � `•� 16 SECTION 25 TOWNSHIP 24 RANGE 1E , 17 FROM THE TRUE POINT OF BEGINNING''THENCE SOUTH 88*38/52" 18 EAST 164 FEET, MORE OR LESS TO TkE TRUE POINT OF BEGINNING. x . -1 1 7 PRINT TO FILE r n 21998 CITY OF PU&T C�ra�r:;RGt FU$LIC vVORKS