1710 - Resolution - Appeal to Deny an Application for VarianceRESOLUTION NO. 1710 ✓
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON SETTING
FORTH FACTS, FINDINGS AND CONCLUSIONS RELEVANT TO THE APPEAL
TO THE PLANNING COMMISSION'S RECOMMENDATION TO DENY AN
APPLICATION FOR A VARIANCE AS FILED BY LORIN BLANK FOR
PROPERTY LOCATED AT 241 PERRY AVENUE NORTH
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE:
THAT: Whereas the City Planning Commission held the required public
hearing in accordance with the criteria set forth in Chapter 7 (Variance) of
Ordinance No. 1469, Zoning Ordinance of the City of Port Orchard, and
WHEREAS, the City Planning Commission has denied the Application for a
Variance by Lorin Blank for property located at 241 Perry Avenue, and has recorded
with the City Clerk their decision setting forth their findings and decisions, and
WHEREAS, on July 24, 1995, Lorin Blank did file an appeal to the
Planning Commission's decision to deny an Application for Variance.
WHEREAS, the Port Orchard City Council held a public hearing on August
28, 1995 to consider an appeal, as filed by Lorin Blank, and
WHEREAS, the Port Orchard City Council did consider testimony and
evidence relevant to the appeal of the Planning Commission's decision to deny an
Application for a Variance.
NOW, THEREFORE, the City Council of the City of Port Orchard does
hereby deny the appeal of the Planning Commission's denial of the Application for a
Variance to Lorin Blank for property located at 241 Perry Avenue based upon the
following findings of fact and conclusions:
FINDINGS OF FACT:
1) Subject property is located on a hillside with a limited
buildable portion.
2) The neighborhood is currently in transition and many setback
nonconformities exist nearby so the proposed parking area would
be consistent with limitations occurring on other sites in the
vicinity and in the same zone; and
3) If the variance were granted the street could not be widened
without removing all parking on site creating a hardship for the
owners and adjoining property owners; and
Resolution No. 1710
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4) If the variance were granted, access to the public right of way
to underground local utilities could be compromised; and
5) If the variance were granted, backing the vehicles out directly
onto Perry Avenue may pose a threat to the public health, safety,
welfare, or be injurious to property and improvements in the
vicinity; and
6) The approval of this variance could adversely affect the
objectives of the Comprehensive Plan.
CONCLUSION: Based on the findings of facts, testimony and materials presented at
the public hearing, the Port Orchard City Council conclude that:
1) A variance of fifteen feet from the required front yard setback
of fifteen feet is not in harmony with the general purposes of
the Zoning Ordinance and the Comprehensive Plan.
LEGAL DESCRIPTION: Lot 6, except the South 15 feet, and all of Lot 7,
Block 12, Annapolis as per Plat recorded in Volume 1 of Plats, Pages 64
and 65, records of Kitsap County, Washington.
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the Clerk in authentication of such assage this 11th day of
September, 1995.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Parks, City Clerk