1700 - Resolution - Special Use Permit3, . SAP COUNTY
FILED -BY: CITY OF PORT ORCHARD
JUL M 19951 3:333 P!
KAREN FLYNNi AUDITOR
CLERK: BEVA S
RESOLUTION NO. 1700 '/
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
APPROVING THE ISSUANCE OF A SPECIAL USE PERMIT TO ROBERT
AND CHRISTY KURTS FOR PROPERTY LOCATED AT 151 SHAMROCK
LANE FOR A SPECIFIC USE OF A PARCEL OF PROPERTY WHICH IS
IN HARMONY WITH THE VARIOUS ELEMENTS OR OBJECTIVES OF
THE COMPREHENSIVE PLAN AND IS NOT DETRIMENTAL TO
EXISTING USES PERMITTED IN THAT PARTICULAR ZONE.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES
HEREBY RESOLVE: �$
A.. F. O: 9507170166
THAT: Whereas the City Planning Commission has held the required
public hearings 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; EE1_ 0867 F R 2756
WHEREAS, the City Planning Commission has recommended approval of
the application by Robert and Christy Kurts, located at 151 Shamrock Lane and
has recorded with the City Clerk their decision setting forth their findings
and recommendations, and
WHEREAS, the City Council did hold a public hearing on June 26,
1995 to take testimony, review materials and consider all information
presented.
NOW, THEREFORE, the City Council of the City of Port Orchard does
adopt Planning Commission Resolution No. 235-95, (Attachment "A") with
Findings, Facts and Conclusions as their own and does hereby approve the
issuance of a Special Use Permit to allow a paint business to be located in a
single family residence, with the following twelve conditions:
1. Before any future change in occupancy, the Planning Commission and City
Council shall review and approve the proposed use to ensure it is still
in the best interest of City residents.
2. If complaints are received, the hours of operation will be amended to
not exceed lam to 9pm on any day of the week.
3. The storage of paints and other hazardous chemicals related to the
business is prohibited.
4. The Fire Department reserves the right to inspect the property as they
would any other commercial operation.
5. Employee vehicles must park off the street and behind the cedar fence.
Resolution No. 1700
Page 2 of 2
6. The commercial vehicles must park off the street and behind the cedar
fence.
7. No business related noise, vibration, odors, etc. shall be permitted to
affect any of the surrounding residences.
A. Employee and/or company vehicles may not be left idling in front any
surrounding residences.
B. No repair work may be done on the commercial vehicles on site.
8. A lighting plan shall be submitted and approved prior to the placement
of any new outdoor illumination and shall be orientated away from
neighboring residences.
9. Present and future businesses located on this property will register
with the City.
10. If verified complaints are received by the City regarding this use,
including the disposal of paint or solvents, the business must cease
operations at the 151 Shamrock Lane address and the Special Use Permit
must be brought back in to the Planning Commission and City Council for
review.
11. This special use permit will cease upon either the termination of the
business or the applicant moving from the site.
12. The posting of business signs on the property is prohibited.
LEGAL DESCRIPTION: Attachment "B"
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 loth
day of July, 1995.
LESLIE J. W EATHERILL, MAYOR
Patricia Parks, City Clerk
A _ F,. * : 9507170166
REED. 0867 FR 2757
resolution No. 1700
Attachment "A"
` CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 235-95
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE A SPECIAL USE PERMIT TO ALLOW
A PAINT BUSINESS TO BE LOCATED IN A SINGLE FAMILY RESIDENCE LOCATED
AT 151 SHAMROCK LANE, AS REQUESTED BY ROBERT KURTS.
' LEGAL DESCRIPTION: SEE EXHIBIT A.
WHEREAS, a Public Hearing was held on Wednesday, 31 May 1995, and
the Planning Commission considered the findings and facts of the
proposal, testimony, and materials presented at the Hearing; and
WHEREAS, the applicants requested a Special Use Permit to allow a
paint business to be located in a single family residence; and
WHEREAS, the Planning Commission considered the specific use
proposed to be appropriate as conditioned; and
WHEREAS, the proposed use is compatible with the neighborhood as
conditioned; and
WHEREAS, the proposed use, as demonstrated in supporting
documentation provided by the applicant and as conditioned, will
not be detrimental to the public health, safety, welfare or
injurious to property and improvements in the vicinity and
therefore will be in conformance with the objectives of the
Comprehensive Plan. 11% � .� � 50� 1. -70166
r-e. e . 3S x
REED 001-affl6_7 FR 2-75
WE THEREFORE FIND: that the proposed Special Use Permit to allow
a paint business to be located in a single family residence is
compatible with the surrounding land uses and will not have a
detrimental effect on the surrounding community.
CONCLUSION, based on the facts, testimony, and materials presented,
at the Hearing, we therefore conclude that the Special Use Permit
to allow a paint business to be located in a single family
residence is in harmony with the general purposes of the Zoning
Ordinance and the Comprehensive Plan.
BE IT RESOLVED, that the Planning Commission of the City of Port
orchard hereby respectfully requests the City Council approve a
Special. Use Permit for the above described property with the
following conditions:
1. Before any future change in occupancy, the Planning Commission
and City Council shall review and approve the proposed use to
ensure it is still in the best interest of City residents.
Resolution No. 1700
attachment "A"
2. If complaints are received, the hours of operation will be
amended to not exceed lam to 9pm on any day of the week.
3. The storage of paints and other hazardous chemicals related to
the business is prohibited.
4. The Fire Department reserves the right to inspect the property
as they would any other commercial operation.
5. Employee vehicles must park off the street and behind the
cedar fence.
6. The commercial vehicles must park off the street and behind
the cedar fence. -gy a m - Q 16
4& � _s �3 �6
RE -EL 08-F67 F R 2759
7. No business related noise, vibration, odors, etc. shall be
permitted to affect any of the surrounding residences.
A. Employee and/or company vehicles may not be left idling
in front any surrounding residences.
B. No repair work may be done on the commercial vehicles on
site.
8. A lighting plan shall be submitted and approved prior to the
placement of any new outdoor illumination and shall be
orientated away from neighboring residences.
9. Present and future businesses located on this property will
register with the City.
10. If verified complaints are received by the City regarding this
use, including the disposal of paint or solvents, the business
must cease operations at the 151 Shamrock Lane address and the
Special Use Permit must be brought back in to the Planning
Commission and City Council for review.
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PASSED this 31st day of May 1995.
CITY OF PORT ORCHARD
PLANNING 71,SION
%. L
O. John Hokanson, Chairman
ATTEST:
i
Ma ga et Kdvafiaugh
Associate City Piann.r
LOT LINE ADJUSTMENT RESOLUTION NO. 1700
ROBERT AND CHRISTY KURTS ATTACH= "B"
Current Lot A;
That portion of the Northwest Quarter of the Southwest Quarter of
Section 2, Township 23 North, Range 1 East, W.M., in Kitsap County,
Washington, described as follows:
Beginning at the Southwest corner of the Southwest Quarter of said
Section 2; thence along the West line thereof N 2°24'59" E 1319.50
feet to the Southwest corner of said Northwest Quarter of the
Southwest Quarter; thence along the South line of said Northwest
Quarter of the Southwest Quarter, S 89*02110" E 784.34 feet to the
Northeasterly Right -of -Way margin of State Highway SR--16; thence
continuing along said South line S 891021101, E 207.04 feet to the
Southwest corner of the Plat of "Shamrock Lane" as recorded in
Volume 13 of Plats, Page 68, records of the Auditor of Kitsap
County, Washington; thence along the. West line of said Plat of
"Shamrock Lane", N 2032124" E 330.39 feet to the Northwest corner
of said Plat and the true point of beginning; thence N 89°03'22"
W 20.01 feet; thence N 2°32124" E 300.19 feet; thence S 89°04'57"
E 20.01 feet; thence South along the West line of the East 10 acres
of the Northwest Quarter of the Southwest Quarter to the true point
of beginning.
Current Lot B . A- REEL-F. � m 95071 �01 �`
0867 FR 276
Lot 2 Stetson Plat -as recorded under Volume 25 of Plats on Page 75,
records of Kitsap County, Washington; situate in Kitsap County,
Washington.
New Parcel A•
That portion of the Northwest Quarter of the Southwest Quarter of
Section 2, Township 23 North, Range I East, W.M., in Kitsap County,
Washington, described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said
Section 2; thence along the West line thereof North 02°24'59" East
1319.50 feet to the Southwest corner of said Northwest Quarter of
the Southwest Quarter; thence along the South line of said
Northwest Quarter of the Southwest Quarter South 89*02,10" East
784.34 feet to the Northeasterly Right -of -Way margin of State
Highway SR-16; thence continuing along said South line South
89002110" East 207.04 feet to the Southwest corner of the Plat of
"Shamrock Lane" as recorded in Volume 13 of Plats, Page 68, in
Kitsap County, Washington; thence along the West line of said Plat
Page --1
RESOLUTION NO. 1700
ATTACHMENT "B"
REEL 0325 i R 1556�
of Shamrock Lane North 02*32,24" East 330.39 feet to the Northwest
corner of said Plat and the True .Point of Beginning; thence North
89°03'22" West 20.01 feet; thence North 02032124" East 73.00 feet
to the Northeast corner of Lot 1 of Stetson Plat, as recorded in
Volume 25 of Plats on Page 75, records of Kitsap County,
Washington; thence North 84*21129" East 20.21 feet; thence South
02°32'24" West 75.32 feet along the West line of the East 10 acres
of the Northwest Quarter of the Southwest Quarter of said Section
2, to the True Point of Beginning.
That portion of the Northwest Quarter of the Southwest Quarter of
Section 2, Township 23 North, Range 1 East, W.M., in Kitsap County,
Washington, described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said
Section 2;,. thence along the West line thereof North 02°24'59" East
1319.50.feet to the Southwest corner of said Northwest Quarter of
the Southwest Quarter; thence along the South line of said
Northwest Quarter of the Southwest Quarter South 89°02110" East
784.34 feet to the Northeasterly right -of --way margin of State
Highway SR-16; thence continuing along said South line South
89°02'10" East 207.04 feet to the Southwest corner of the Plat of
"Shamrock Lane" as recorded in Volume 13 of Plats, Page 68, in
Kitsap County, Washington; thence along the West line of said Plat
of Shamrock Lane North 02*32124" East 330.39 feet to the Northwest
corner of said Plat; thence North 89'03'22" West 20.01 feet; thence
North 02°32'24" East 265.00 feet to the Northeast corner of Lot 2
of Stetson Plat, as recorded in Volume 25 of Plats on Page 75,
records of Kitsap County, Washington; and the 'True Point of
Beginning; thence continuing North 02°32'24" Ea-st 35.19 feat along
the East line of said Stetson Plat; thence South 89*04157" East
20.01 feet; thence South 02032'24" West 9.59 feet along the West
line of the East 10 acres of the Northwest Quarter of the Southwest
Quarter of said Section 2; thence South 39'56120" West. 32.93 feet,
to the True Point of Beginning.
New Parcel B • - F- : 95 -7-70166
REEL- 0867 FR 2761
Lot 2 of Stetson Plat as recorded under Volume 25 of Plats on Page
75, records of Kitsap County, Washington; situate in Kitsap County,
Washington.
That portion of the Northwest Quarter of the Southwest Quarter of
Section 2, Township 23 North, Range 1 East, W.M., in Kitsap County,
Washington, described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said
Section 2; thence along the West line thereof North 02*24,59" East
1319.50 feet to the Southwest corner of said Northwest Quarter of
the Southwest Quarter; thence along the South line of said
Northwest Quarter of the Southwest Quarter South 89*02110" East
784.34 feet to the Northeasterly right -of --way margin of State
Page -2
RESOLUT1ON NO. 1700
ATTACHMENT "B"
Highway SR-16; thence continuing along said South line South
89*02110" East 207.04 feet to the Southwest corner of the Plat of
"Shamrock Lane" as recorded in Volume 13 of Plats, Page 68, in
Ritsap County, Washington; thence along the West line of said Plat
of Shamrock Lane North 02°32'24" East 330.39 feet to the Northwest
corner of said Plat; thence North 89°03'22" West 20.01 feet; thence
North 02*32124" East 73.00 feet to the Northeast corner of Lot 1
of Stetson Plat, as recorded in Volume 25 of Plats on Page 75,
records of Kitsap County, Washington; and the True Point of
Beginning; thence continuing North 02032,24" East 192.00 feet along
the East line of said Section Plat to the Northeast corner of Lot
2 of said Stetson Plat; thence North 39056,20" East 32.93 feet;
thence South 02032,24" West 215.29 feet along the West line of the
East 10 acres of the Northwest Quarter of the Southwest Quarter of
said Section 2; thence South 84°21'29" West 20.21 feet, to the True
Point of Beginning.-
A- F- d 4--150717 1 6
REEL 0867 FR 276�
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