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1683 - Resolution - Special Use PermitRESOLUTION NO. 1683 / A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE ISSUANCE OF A SPECIAL USE PERMIT TO R.D. MANNING FOR PROPERTY LOCATED AT 1800 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 R.D. Manning, located 1800 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. 223-94, (Attachment "A") with Findings, Facts and Conclusions as their own and does hereby approve the issuance of a Special Use Permit to allow the continued use of an office established in the recreation building of Arbor Terrace apartment complex as the permanent location of its business upon completion of the contractor's work, with the following seven conditions: 1. Before any future change in the occupancy of the business office, 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 and meets all fire and safety code requirements for the intended use. 2. No business related noise, etc. shall be permitted to effect any of the surrounding residences. a. Employee and/or company vehicles may not be left idling in front of any surrounding residences or the recreation building. b. No repair work may be done on the company vehicles on site. Resolution No. 1683 Page Two of Two C. No construction company equipment larger than a pick-up truck will be allowed to visit the site unless repair is being done to the buildings or the grounds of Arbor Terrace Apartments directly. 3. Present and future businesses located on this property will register with the City. 4. If present or future businesses expand in square footage, there must be no net loss of square footage for the recreation area of the building. 5. If complaints are received by the City regarding this use, the Special Use Permit must be brought back to the Planning Commission and City Council for review. A possible outcome could include the removal of the business from the premises at the expense of the operator of the business. 6. Signage shall be limited to the existing 3" x 15" sign. 7. To allow for visitor and employee parking, two additional parking spaces are required for the business. 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 24th day of October, 1994. LESLIE J. WEATHERILL, MAYOR Patricia Parks, City Clerk CITY OF PORT ORCHARD Resolution No. 1683 PLANNING COMMISSION Attachment "A" RESOLUTION NO. 223-94 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SPECIAL USE PERMIT TO ALLOW THE CONVERSION OF A 400 SQUARE FOOT SECTION OF THE RECREATION BUILDING OF ARBOR TERRACE INTO A BUSINESS OFFICE. THE PROPERTY LOCATED AT 1800 SIDNEY AVENUE, AS REQUESTED BY RICHARD MANNING. LEGAL DESCRIPTION: SEE EXHIBIT A. WHEREAS, a Public Hearing was held on Monday, 19 September 1994, 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 the conversion of a 400 square foot section of the recreation building of Arbor Terrace apartments into a business office; and WHEREAS, the Planning Commission considered the specific use proposed to be appropriate 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. WE THEREFORE FIND: that the proposed Special Use Permit to allow the conversion of a 400 square foot section of the recreation building of Arbor Terrace apartments into a business office 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 the conversion of a section of the recreation building of Arbor Terrace apartments into a business space 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: 0. Planning Resolut.' 223-94 Page 2 of 2 Resolution No. 1683 Attachment "A" 1. Before any future change in the occupancy of the business office, 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 and meets all fire and safety code requirements for the intended use. 2. No business related noise, etc. shall be permitted to effect any of the surrounding residences. A. Employee and/or company vehicles may not be left idling in front of any surrounding residences or the recreation building. B. No repair work may be done on the company vehicles on site. C. No construction company equipment larger than a pick-up truck will be allowed to visit the site unless repair is being done to the buildings or the grounds of Arbor Terrace Apartments directly. 3. Present and future businesses located on this property will register with the city. 4. If present or future businesses expand in square footage, there must be no net loss of square footage for the recreation area of the building. 5. If complaints are received by the City regarding this use, the Special Use Permit must be brought back to the Planning Commission and City Council for review. A possible outcome could include the removal of the business from the premises at the expense of the operator of the business. 6. Signage shall be limited to the existing 311 x 1511 sign. 7. To allow for visitor and employee parking, two additional parking spaces are required for the business. PASSED this 19th day of September 1994. ATTEST: CITY OF PORT ORCHARD PLANNING COMMISSION 0. John Hokanson, Chairman Marga�bt Kavanaug,1h Associate City P nner Resolution No. 1683 Attachment "B" LEGAL DESCRIPTION That portion of the south half of the southwest quarter of Section 35, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Southwest corner of said Section 35; thence along the South line of said Section 35, S 87*34'14" E 883.99 feet to the TRUE POINT OF BEGINNING; thence NO* 55"27" E 557.35 feet; thence N 87* 39'21" W 220.00 feet; thence N 0*55' 27' E 465.00 feet; thence S 87* 30'21" E 437.79 feet; thence S 0* 55'27" W 208.71 feet; thence S 87* 39'21" E 208.71 feet; thence N 0* 55'27" E 248.52 feet to the south margin of Poplar Street; thence along said south margin S 87* 39'21" E 219.65 feet; thence S 0* 55'27" W 364.73 feet thence S 87* 46' 00" E 347.65 feet to the westerly margin of Sidney Road; thence along said westerly margin S 20* 55' 43" W 431.05 feet; thence N 70* 37' 09" W 227.68 feet; thence S 20* 55,43" W 431.05 feet; thence N 70* 37'09" W 227.68 feet; thence S 20* 55'43" W 370.00 feet to a point on the south line of said Section 35; thence along said South line N 87* 34'14" W 503.49 feet to the true point of beginning.