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1697 - Resolution - Conditional Use Permit and VarianceRESOLUTION NO. 1697r A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PROVIDING A CONDITIONAL USE PERMIT AND VARIANCE FOR THE PORT ORCHARD LIBRARY EXPANSION. WHEREAS, the City adopted the revised Shoreline Master Program in 1992 to regulate the property within the jurisdiction of that Program; and WHEREAS, the project referred to the Port Orchard Library Expansion received a Declaration of Non Significance; and WHEREAS, a public hearing was held on March 13, 1995 by the City Council to hear facts and testimony concerning granting a conditional use and variance with regard to the Shoreline Management Program; and WHEREAS, the City Council has determined that the granting of a conditional use and variance is consistent with the intent of the Shoreline Management Program; THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE THE FOLLOWING: The City of Port Orchard recommends approval to the Department of Ecology for the granting of a conditional use to allow the construction of the Port Orchard Library Expansion. The City of Port Orchard recommends approval to the Department of Ecology to grant a variance for the following matters: 1. The Shorelands Management Program established a setback of 75 feet from the Ordinary High Water Mark (OHWM). 2. Non -water oriented uses are limited to less than 50% of the building floor area. 3. A minimum of 15% of the site shall be open space. The City of Port Orchard recommends approval to the Department of Ecology to grant a conditional use permit and variance with the following conditions: 1. The expansion of the building shall extend no further north than the existing building. 2. The existing amount of landscaping is acceptable. 3. The non -water dependent use of the building can exceed 50% of the floor space. Resolution No. 1697 Page Two of Two LEGAL DESCRIPTION: Attachment "A" 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 13th day of March, 1995. 4ELIE J. WEATNERILL, MAYOR ATTEST: / Patricia Parks, City Clerk RESOLUTION 1697 ATTACHMENT "A" LEGAL DESCRIPTION; SECTION 26 TOWNSHIP 24 RANGE 1E SIDNEY 1ST ADDN PAR(1) A PTN OF LOTS 1 THRU 6 BLK 13 SIDNEY TLDS ACCORDING TO MAP THOF ON FILE IN OFFICE OF COMMISSIONER OF PUBLIC LANDS IN OLYMPIA WA (LOC IN SEC 26-241E AND BEING TDLDS FRTG LOTS 1 THRU 6 IN BLK 13 OF FIRST ADDN TO SIDNEY) OF FDT COM AT NW COR OF LOT 1 OF SO TDLDS TH S87*29'E ALG INNER HARBOR LN AND EXT THOF TO X E LN OF LOT 7 TH S ALG SD E LN 10OFT TH N87*29'W 125FT M/L TO E LN OF SD LOT 2 TH S78*31'49W 57.4 FT TAP ON W LN OF LOT 1 WH IS 113FT S OF NW COR OF SD LOT 1 TH N ALG SD W LN 113FT TO POB EXC FDT A PTN OF LOT 1 BLK 13 SIDNEY TDLDS DAF CAAP OF X OF E LN OF SIDNEY ST AND NLY LN OF BAY ST AND RUN TH N ALG E LN OF SIDNEY ST 192FT TO TPOB TH RUN N ALG E LN OF SIDNEY ST TO NW COR OF LOT 1 IN BLK 13 OF SIDNEY TDLDS FRTG BLK 13 OF SIDNEY FIRST ADDN TH IN AN ELY DIR ALG NLY LN OF SD LOT 1 TAP THON WH IS 20FT E (WHEN MEAS AT R/A) OF E LN OF SD SIDNEY ST TH S PLW E LN OF SIDNEY ST TAP 20FT DUE E OF TPOB TH DUE W TO TPOB PAR(2) TWG A PERPETUAL ESMT FOR INGR AND EGR FOR VEHICULAR AND/OR FOOT TRAVEL FOR BENEFIT OF ABV DESC REAL PRTY OVER FOP ABTG A PTN OF ABV DESC REAL PRTY ON S SIDE THE COM AT SW COR OF ABV DESC PRTY ON W LN OF SO LOT 1 THOF BEING TPOB TH S ALG W LN OF SD LOT 1 DIST OF 30FT TH S87*29'E TO E LN OF LOT 5 THOF TH NLY ALG E LN OF LOT 5 TO S LN OF ABV DESC PRTY TH WLY ALG AND FOLG S LN OF ABV DESC PRTY TO TPOB