HomeMy WebLinkAbout1470 - Ordinance - Rezoning Property - 225 Sidney AvenueORDINANCE NO. 1470
EZ2� hY ' SAN AMENDINGAPORT ORCHARD NCE OF THE IZONING TY OF PORDINANCE ORT RNO. WON
1163; B
AMENDING THE AREA AND USE MAPS THEREOF, RECLASSIFYING
CERTAIN PROPERTY (Frank Haberlach, owner of record)
LOCATED AT 225 SIDNEY AVENUE.
WHEREAS, Frank Haberlach, owner of record, has petitioned a
zoning ordinance amendment, requesting reclassification of property located
at 225 Sidney Avenue as described in said petition, and
WHEREAS, The City of Port Orchard Planning Commission has
transmitted to the Council of the City of Port Orchard, Washington a copy of
their Resolution No. 133-89 - ATTACHMENT "A" recommending approval of said
petition, and
WHEREAS, The Council of the City of Port Orchard did hold a
Public Hearing on September 25, 1989 to hear testimony of fact and conclusion
as follows:
FINDINGS OF FACT: The use requested is compatible with other
uses in area.
The proposed use is a permitted use within Multiple -Family 20
Zoning.
CONCLUSION: Based on testimony, materials presented and findings
of fact, the Port Orchard City Council does hereby conclude that
granting this zone reclassification would not be detrimental to
the health, safety, morals and general welfare of the community.
NOW, THEREFORE, be it ordained that the Council of the City of
Port Orchard, Washington does hereby adopt Planning Commission Resolution No.
133-89 with Findings of Facts and recommended conditions as their own and
does hereby reclassify certain property.
LEGAL DESCRIPTION: SECTION 26, TOWNSHIP 24 N,
RNAGE 1.E., W.M., SIDNEY 1ST ADDITION, BLOCK 012,
LOT 10.
from Residential -High to Multiple -Family 20 subject to the following
condition that the application assure that no construction will be within
the Kitsap Street right-of-way.
Ordinance No. 1470
Page Two
PASSED by the City Council of the City of Port Orchard, SIGNED
by the Mayor and attested by the Clerk in authentication of such passage
this 9th day of October, 1989.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Hower, City Clerk
APPROVED AS TO FORM:
City Attorney
Sponsored by:
Councilman Powers
Ordinance No. 1470
Attachment "A"
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 133-89
A RESOLUTION BY THE PORT ORCHARD PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL -
HIGH TO MULTIPLE -FAMILY 20 ON THE BELOW DESCRIBED
PROPERTY, SUBMITTED BY FRANK R. HABERLACH, FOR
225 SIDNEY.
LEGAL DESCRIPTION: SECTION 26, TOWNSHIP 24 N, RANGE 1 E, W.M.,
SIDNEY 1ST ADDTION, BLOCK 012, LOT 10.
WHEREAS, Frank R. Haberlach has requested a zone reclassification from Residential -
High to Multiple -Family 20 in order to allow the construction of 2 living units
and a 4 car garage at 225 Sidney, and
WHEREAS, a SEPA checklist has been submitted and has received a declaration of
non -significance, and
WHEREAS, a public hearing was held on 21 August 1989 and that the Planning
Commission considered the findings of facts, the testimony and material presented
at the hearing, and
WHEREAS, the Comprehensive Plan designation for the property is Multiple -Family 20
(MF-20), and
WHEREAS, a zone reclassification to MF-20 would allow a 3 unit apartment on the
existing lot, and
WHEREAS, the existing residence has two apartment and a special use permit for an
office, and
WHEREAS, the applicant will eliminate the existing basement apartment, in order to
meet the requirements of the zoning ordinance, and
WHEREAS, the applicant has assured the Planning Commission that the maximum number
of apartments that exist at any one time does not exceed 3, and
WHEREAS, the applicant proposes to construct the new addition within the setback
established by an old dilapidated garage, and
WHEREAS, no construction will be allowed within the right -of way, and
WHEREAS, in order to meet the parking requirements the applicant has a lease
agreement to rent aditional spaces in the adjacent parking lot.
1
8910170136
Resolution $133-89
Rezone - 225 Sidney
Ordinance No. 1470
Attachment "A"
WE THEREFORE FIND: a zone reclassification to multiple -family 20 is desirable for
the development of the neighborhood.
CONCLUSION: Based on the findings of facts, the testimony and materials presented
at the public hearing, we therefore conclude that a zone reclassification from
Residential -High to Multiple -Family 20, would be in harmony with the general
purposes and intent of the zoning ordinance and comprehensive plan.
BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby
respectfully requests that the City Council approve the rezone from Residential -
High to Multiple -Family 20, subject to the condition that the application assure
that no construction will be within the Kitsap Street right-of-way.
PASSED this 21st day of August 1989.
CITY OF PORT ORCHARD
PLANNING COMMISSION
O. Ofin Ho anson, Chairman
Coralyn Sfmitri, Planning Dept.
8910170136
PE11515FR 998
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the
Port Orchard City Council at their regular Council meeting
held October 9, 1989.
ORDINANCE NO. 1470J
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD ZONING
ORDINANCE NO. 1163; BY AMENDING THE AREA AND
USE MAPS THEREOF, RECLASSIFYING CERTAIN
PROPERTY (Frank Haberlach, owner of record)
LOCATED AT 225 SIDNEY AVENUE FROM
RESIDENTIAL -HIGH TO MULTIPLE -FAMILY 20
The full text of the above listed Ordinance will be mailed
upon request and is available at City Hall, 216 Prospect
Street, Port Orchard, WA 98366.
City of Port Orchard
Michelle Thomas,
Deputy City Clerk
Publish: Port Orchard Independent
October 18, 1989