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1664 - Resolution - Special Use PermitRESOLUTION NO. 1664 ,,/ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE ISSUANCE OF A SPECIAL USE PERMIT TO LESLIE J. WEATHERILL FOR PROPERTY LOCATED AT 1607 SIDNEY AVENUE 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 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; WHEREAS, the City Planning Commission has recommended approval of the application by Leslie J. Weatherill, located 1607 Sidney Avenue and has recorded with the City Clerk their decision setting forth their findings and recommendations. NOW, THEREFORE, the City Council of the City of Port Orchard does adopt Planning Commission Resolution No. 206-94, (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 two car garage and small work shop into a dental lab, with the following nine conditions: 1. A minimum of four parking spaces shall be provided on site for use by the residents of the house and the employee of the business. 2. If repeated complaints are received regarding the early start time of the business, then the business hours shall be amended to begin no sooner than 8:00 am and end no later than 7:00 pm. 3. A five foot fence shall be maintained between the subject property and the adjoining property to the north to ensure adequate screening between the business and the neighboring residence. 4. A lighting plan shall be submitted and approved prior to placement of any new outdoor illumination and shall be oriented away from neighboring residences. 5. Future occupants shall apply for, and be required to receive, a business registration issued by the City. Resolution No. 1664 Page 2 of 2 6. Before any future change in occupancy, the City Council shall review and approve the proposed new use to ensure it is still in the best interest of city residents. 7. Signage shall be in compliance with the adopted Uniform Sign Code and must be approved by the City prior to implementation. 8. Due to the change in building classifications, the building must meet UBC standards pertaining to safety prior to business occupancy and pay any applicable utility connection fees. 9. A building permit shall be obtained prior to the beginning of any construction or demolition work on site. LEGAL DESCRIPTION: "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 14th day of March, 1994. OHN L N, MAYOR PRO-TEM Patricia Parks, City Clerk Resolution No. 1664 Attachment "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 206--94 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SPECIAL USE PERMIT TO - CONVERT A GARAGE ON A RESIDENTIAL SITE INTO A DENTAL LAB AT 1607 SIDNEY AVENUE, AS SUBMITTED BY THE PROPERTY OWNER, LESLIE J. WEATHERILL. LEGAL DESCRIPTION: See Exhibit A WHEREAS, the applicant has requested a special use permit to allow the conversion of a 23' x 30' garage on a residential site into a dental lab at 1607 Sidney Avenue; and WHEREAS, a public hearing was held on Tuesday, 22 February 1994, and the Planning Commission considered the findings and facts of the proposal, testimony, and materials presented at the hearing; and WHEREAS, the proposed conversion will not alter the residential use on the site, and parking will be located elsewhere on the site; and WHEREAS, traffic, both vehicular and pedestrian, will be very minimal to the site; and WHEREAS, the proposed use, as testified by the applicant during the public hearing and as conditioned, will not be detrimental to the public health, safety, or welfare or injurious to property and improvements in the vicinity and therefore will be in conformance with the objectives of the Comprehensive Plan. WE THEREFORE FIND: that the proposed special use permit to allow the conversion of a 23' x 30' garage into a dental lab at 1607 Sidney Avenue is compatible with surrounding land uses and will not have a detrimental effect on adjacent properties. CONCLUSION: Based on the facts, testimony, and materials presented at the hearing, we therefore conclude that the special use permit to allow the conversion of a garage into a dental lab 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 property located at 1607 Sidney Avenue with the following conditions: I. A minimum of four parking spaces shall be provided on site for use by the residents of the house and the employee of the business. Kesoiuzzon No. ioo4 Attachment "A" 2. If repeated complaints are received regarding the early start time of the business, then the business hours shall be amended to begin no sooner than 8:00 am and end no later than 7:00 pm. 3. A five foot fence shall be maintained between the subject property and the adjoining property to the north to ensure adequate screening between the business and the neighboring residence. 4. A lighting plan shall be submitted and approved prior to placement of any new outdoor illumination and shall be oriented away from neighboring residences. 5. Future occupants shall apply for, and be required. to receive, a business registration issued by the City. 6. Before any future change in occupancy, the City Council shall review and approve the proposed new use to ensure it is still in the best interest of city residents. 7. Signage shall be in compliance with the adopted Uniform Sign Code and must be approved by the City prior to implementation. 8. Due to the change in building classifications, the building must meet UBC standards "pertaining to safety prior to business occupancy and pay any applicable utility connection fees. 9. A building permit shall be obtained prior to the beginning of any construction or demolition work on site. PASSED this 22nd day of February 1994. CITY OF PORT ORCHARD PLANNING COMMISSION O. John Hokanson, Chairman ATTEST: Donna M. Brown, City Planner Resolution No. 1664 Attachment "B" LEGAL DESCRIPTION: Section 35, Township 24, Range 1E, that portion of NE1/4 of the SW1/4 conveyed by Aud. No. 1103833 DAF commencing at center of Section thence SO*491 20E along N & S center line of said Sec. 912.33ft to true point of beginning thence N63*12W 270.55FT to Easterly margin of Sidney Road as established Dec 20, 1943 thence S19*541W along said Easterly margin of Sidney Road 122.33Ft thence S74*31123E 249.21Ft thence S89*50158E 43.38Ft to'N & S center line of said Section thence NO*49r2OW along S N & S center line 59.67FT to true point of beginning except that portion on the southwesterly side for right--of-way.