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1716 - Resolution - Special Use Permit 321 Tremont, Coppolaj(''���y i I TSAP COUNTY ' 1. 00 "ASP F.-z—D—PY: PORT CPCHUD CITY OF DEC 51 Wa f 0: 27t AM KAPEN FLYNNi AUDTTOR CLERK: CHIPPS RESOLUTION NO. 1716 ✓ RIEEL 0tM7 F (30 7 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE ISSUANCE OF A SPECIAL USE PERMIT TO LAWRENCE AND DOLORES COPPOLA FOR PROPERTY LOCATED AT 321 TREMONT STREET 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: THAT: 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 approval of the application by Lawrence and Dolores Coppola, located at 321 Tremont Street 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 November 13, 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. 246-95, (Attachment "A") with Findings, Facts and Conclusions as their own and does hereby approve the issuance of a Special Use Permit to allow a conversion of a single family residence into professional office headquarters for a magazine and newspaper publications business (AKA Wet Apple Publishing Co.), with the following seven (7) conditions: 1. Prior to Certificate of Occupancy, the Kitsap County Health Department shall provide the City a letter stating that the on - site wastewater system is adequate for the proposed land use. Otherwise, the property shall connect to the sanitary sewer system. 2. All new parking shall be from Alder Lane and setback five (5) feet minimum from the northwest property line. A revised site plan shall be submitted to this Department. 3. Parking that accesses Tremont Street shall be limited to the existing garage only and shall not be expanded in the future. Resolution No. 1716 Page Two of Two 4. A Tenant Improvement permit shall be obtained from the Building Department and Certificate of Occupancy granted prior to business use. The Eire Chief and Building Inspector shall approve the structure prior to use to assure compliance with Fire and Building Codes. 5. All signage shall comply with the Tremont Corridor Specific Plan and the Zoning Ordinance. A separate sign permit shall be submitted prior to Certificate of Occupancy. 6. No exterior lighting shall be permitted to reflect on adjoining residential properties. 7. The terms of this variance shall be implemented within 180 days or the variance shall be considered void. An extension of time may be considered and granted by the Planning Commission upon a written request by the applicant showing a demonstration of just cause. LEGAL DESCRIPTION: Attachment "B" PASSED by the City Council by the Mayor and attested by the Clerk 27th day of November, 1995. P tricia Park City Clerk of the City of Port Orchard, APPROVED in authentication of such passage this -�4 LESLIE J. WEATHERILL, MAYOR A. F. # : 9f! 12050145 REEL- 0887 FR 0088 CITY OF PORT ORCHAR'r' PLANNING COMNIISSIOi . RESOLUTION NO. 246-95 Resolution No. 1716 Attachmant "A" A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SPECIAL USE PERMIT FOR CONVERSION OF A SINGLE FAMILY RESIDENCE INTO PROFESSIONAL OFFICE HEADQUARTERS FOR A MAGAZINE AND NEWSPAPER PUBLICATION BUSINESS (AKA WET APPLE PUBLISHING) AT 321 TREMONT STREET. LEGAL DESCRIPTION: Jr - PEE] 88-7 FR 00857 A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE -QUARTER CORNER BETWEEN SECTIONS 34 AND 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 544.99 FEET; THENCE S89*28'48"W 10.00 FEET TO THE WEST MARGIN OF POTTERY HILL ROAD AND THE TRUE POINT OF BEGINNING; THENCE S89*28'48"W 160.00 FEET; THENCE NORTH 163.42 FEET; THENCE S43*00'W 303.07 FEET; THENCE SOUTH 38.81 FEET TO A POINT ON A CURVE, ON THE NORTH MARGIN OF THE COUNTY ROAD, WHOSE RADIUS POINT BEARS S12*08'05"E 746.20 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 151.27 FEET; THENCE N89*28'48"E 216.57 FEET TO THE WEST MARGIN OF POTTERY HILL ROAD; THENCE NORTH 80.00 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT PROPERTY IN COUNTY ROAD NO. 132. WHEREAS, a Public Hearing was held on Wednesday, October 18, 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 approval to convert an existing single family residence into professional office headquarters for a magazine and newspaper publication business; and WHEREAS, all parking setbacks and requirements would be met; and WHEREAS, the business is a low impact business with an average of four (4) customers visiting the site on a daily basis and minimal deliveries received; and WHEREAS, minimal improvements would be required for conversion of the single family residence to a business; and WHEREAS, a tenant improvement permit is required to ensure compliance with Fire and Building Codes; and WE THEREFORE FIND: that the proposed Special Use Permit is compatible with the surrounding land uses and is not detrimental to the surrounding community. Resolution No. 1716 Planning Comrnissi- Attachment "A" Resolution Number 6-95 Page 2 CONCLUSION, based on the facts, testimony, and materials presented at the Hearing, we therefore conclude that approval of the Special Use Permit application to allow conversion of the existing single family residence to a magazine and newspaper publication business is in harmony with the general purposes of the Zoning Ordinance, Comprehensive Plan and the Tremont Corridor Specific Plan. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests the City Council to approve the Special Use Permit for the above described property subject to the following conditions: 1. Prior to Certificate of Occupancy, the Kitsap County Health Department shall provide the City a letter stating that the on -site wastewater system is adequate for the proposed land use. Otherwise, the property shall connect to the sanitary sewer system. 2. All new parking shall be from Alder Lane and setback five (5) feet minimum from the northwest property line. A revised site plan shall be submitted to this Department. 3. Parking that accesses Tremont Street shall be limited to the existing garage only and shall not be expanded in the future. 4. A Tenant Improvement permit shall be obtained from the Building Department and Certificate of Occupancy granted prior to business use. The Fire Chief and Building Inspector shall approve the structure prior to use to assure compliance with Fire and Building Codes. 5. All signage shall comply with the Tremont Corridor Specific Plan and the Zoning Ordinance. A separate sign permit shall be submitted prior to Certificate of Occupancy. 6. No exterior lighting shall be permitted to reflect on adjoining residential properties. 7. The terms of this variance shall be implemented within 180 days or the variance shall be considered void. An extension of time may be considered and granted by the Planning Commission upon a written request by the applicant showing a demonstration of just cause. PASSED this 18th day of October 1995. ATTEST: u e-Brown Code Enforcement/Associate Planner A. F. * : 9_85 1205014- CITY OF PORT ORCHARD PLANNING COMMISSIO 0. John Hokanson, Chairman Resolution No. 1716 ATTACHMENT "B" LEGAL DESCRIPTION: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE -QUARTER CORNER BETWEEN SECTIONS 34 AND 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 544.99 FEET; THENCE S89*2848"W 10.00 FEET TO THE WEST MARGIN OF POTTERY HILL ROAD AND THE TRUE POINT OF BEGINNING; THENCE S89*28'48"W 160.00 FEET; THENCE NORTH 163.42 FEET; THENCE S43*00'W 303.07 FEET; THENCE SOUTH 38.81 FEET TO A POINT ON A CURVE, ON THE NORTH MARGIN OF THE COUNTY ROAD, WHOSE RADIUS POINT BEARS S12*08'05"E 746.20 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 151.27 FEET; THENCE N89*28'48"E 216.57 FEET TO THE WEST MARGIN OF POTTERY HILL ROAD; THENCE NORTH 80.00 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT PROPERTY IN COUNTY ROAD NO. 132. Am F. *.- 951 50145 R 0887 Fhb 0091