1262 - Ordinance - Amending Use and Area Maps of Ordinance 899ORDINANCE NO. 1262 V
AN ORDINANCE OF THE CITY OF PORT ORCHARD
AMENDING THE USE AND AREA MAPS OF
ORDINANCE NO. 899: RECLASSIFYING CERTAIN
PROPERTY (Jack M. Baush, owner of record)
THEREIN.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES
ORDAIN AS FOLLOWS:
Section 1. That the use and area maps of
Ordinance No. 899, be and hereby are amended (as petitioned
by Jack M. Baush, owner of record) to conform with Chapter
10 as follows:
LEGAL DESCRIPTION: Lots 8 & 9, Block 19, Annapolis
According to plat recorded in Volume 1 of Plats, page 64,
together with the east 1 feet of Farragut Street, adjoining.
be and the same is hereby reclassified from Residential High
to Multiple Family 20 subject to Findings of Fact as set
forth in Planning Commission Resolution No. 035-83 (attached)
PASSED by the City Council and APPROVED by the
Mayor this 23rd day of January, 1984.
ATTEST:
LESLIE J. WEATHERILL, MAYOR
R. G. Lloyd, City Clerk;'
APPROVED AS TO FORM:
orney
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 035-83
A RESOLUTION BY THE PROT ORCHARD PLANNING COMMISSION RECOMMENDING
THAT THE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION TO MF-20,
AS REQUESTED BY JACK M. BAUSH.
LEGAL DESCRIPTION: Lots 8 & 9, Block 19, Annapolis according to
plat recorded in Volume 1 of plats, page 64, together with the
east 1 feet of Farragut Street, adjoining.
WHEREAS, the applicant wishes to divide an existing parcel that is
made up of four lots and has a five-plex located on lots 8 and 9,
into two tax parcels. He requests that lots 8 and 9 be rezoned
to multiple family 20. Lots 6 and 7 of said parcel to remain
residential -low, and
WHEREAS, a public hearing was held on December 19, 1983, and that
the planning commission considered the findings of fact, the
testamony and material presented at the hearing...
FINDINGS OF FACT
A SEPA checklist has been submitted and received a declaration
of non -significance.
SITE INFORMATION: The subject parcel is rectangular in shape
110' fronting on Chester and 200' fronting on Farragut. The
lot is relatively flat and sloping slightly to the northeast.
A five-plex apartment/ including parking for 10 cars is located
on the north parcel, the south parcel is vacant.
The area is residential with both single-family and multi-
family dwellings. The property to the north and west of subject
property is zoned residential -high. The area adjacent to the
south and east are zoned residential -low. The comprehensive
plan designation for the area is residential -high. Utilities
are available and adequate for the existing use.
The criteria established for the zoning designation requested:
"the MF-20 district establishes high density multiple resi-
dential area in urban locations where established public services
and facilities are available." The subject property meets this
criteria.
Multiple family dwellings are allowed in the residential. -low
zoning district, minimum lot size per unit is 8,000 square feet.
The subject parcel contains 22,000 square feet. Therefore,
under the present zoning the existing five-plex is a non-
conforming use and could not be replaced if accidentally
destroyed by fire.
If the use of a structure is non -conforming at the time of
adoption of the zoning ordinance the use may be continued so
long as it remains otherwise lawful. No structure shall be
extended, constructed, reconstructed, moved or structurally
altered except in changing the use to a permitted use in the
zoning district.
If lots 8 & 9 are rezoned to MF-20 the existing 5-plex would
be conforming and the remaining two lots 6 & 7 could be segre-
gated from the north lots and remain residential -low. The=
vacant lots 6 & 7 would then be buildable and would allow for
a single-family dwelling.
This request if granted: (1) Will not change the use of the
property. (2) Will allow the addition of another single-family
dwelling. (3) Will allow the 5-plex to be replaced if destroyed.
The existing use would be a conforming use if zoned residential -
high, but would require that the parcel remain as is,to meet
the minimum square footage requirements.
CONCLUSION: Based on the finding of facts, the testimony and
materials presented at the public hearing, we therefore conclude
that the granting of the zone reclassification to multiple -family
20, as requested, to 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 zone reclassification from RL to MF-20, as requested,
based on the findings of fact and subject to the following condition
of approval:
That written verification from the Kitsap County Segregation
Department that the parcel has been separated into two tax
parcels of equal size, has been submitted.
Passed by the Planning Commission of the City of Port Orchard on
the 19th day of December 1983.
CITY OF PORT ORCHARD
PLANNING COMMISSION
ATTEST:
0. John Hokanson, Chairman
Tom Wong, Secretary
Office of the
Kitsap County As,5cssor
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January 19, 1984
Mr. A. R. Comstock
Park Shore Real Estate, Inc.
4235 S. E. Highway 160
Port Orchard, WA 98366
Dear Mr. Comstock:
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Mtchacl f:nxtmm�
Land 1. Urlon
Adnmii�l r,d �r of
This is to confirm that lots 6, 7, 8 and 9, Block 19 of the plat
of Annapolis have now been segregated into two tax accounts per your request
of December 21, 1983.
The new accounts are as follows:
1. Account No. 4027-019-006-0005 (Lots 6 & 7)
2. Account No. 4027-019-008-0003 (Lots 8 & 9)
Your requst indicated that you were acting as agent for Jack and
Carol Baush and that their intent was to comply with a condition of approval
of a rezone of one of the parcels.
If I can be of further assistance, please contact me at the above
address or phone number.
Sincerely,
� . C �zA
Les E. Smith
Cadastral Engineer
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