028-06 - Resolution - Approving Conditional Use Permit for Bed and BreakfastCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 200702260005
Resolution Reo Fee: $ 40.00
0212612007 08:25 AM Page: 1 of 9
Karen Flynn, Kitsap Co Auditor
11111111111111111111111111111111111111111111111111111111111111111111111111111111
RESOLUTION NO. 028-06
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING WITH CONDITIONS THE
CONDITIONAL USE PERMIT (CUP018-06) FOR A TWO
BEDROOM BED AND BREAKFAST AT 724 KITSAP STREET.
Legal Description: Located in the NW % of the SE 1f4 of
Section 26, T24N, R1E, W.M. Lot 9, except the South 35
feet, and the East 10 feet of Lot 8, except the South 35 feet,
Block 16, S.M. Steven's Town Plat of Sidney, as per plat
recorded in Volume 1 of Plats, Page 1, records of Kitsap
County, Washington, situated in the City of Port Orchard in
Kitsap County, Washington.
WHEREAS, the property owner has filed an application with the City
(CUP018-06) for a conditional use permit to allow for a 2-Bedroom Bed and Breakfast
facility to be located in a single family residence at 724 Kitsap Street, at the intersection
of Kitsap Street and Sidney Avenue, Port Orchard, Parcel No.: 4650-016-008-0201; and
WHEREAS, the application was processed as described in Planning
Commission Resolution 08-06 attached hereto as Exhibit A; and
WHEREAS, on July 10, 2006, the City Council held a public hearing on
the application; and
WHEREAS, being fully advised, the City Council finds and concludes as
follows:
TESTMONY AND EXHIBITS
The Council bases its findings and Conclusions upon the following Exhibits and
Testimony that it finds to be relevant, credible, and persuasive.
Resolution No. 028-06
Page 2 of 3
1. The following documents were admitted into the record:
A. Agenda Staff Report dated July 10, 2006 with attachments.
B. May 2, 2006 Planning Commission staff report.
C. Parking Lot Agreement Form, dated July 1, 2006 with United
Methodist Church.
D. Recorded notice filed with Kitsap County Auditor.
2. Lorraine Olsen, applicant, spoke on behalf of her application. She
described the major components of the project and made several recommendations and
comments concerning parking requirements for Bed & Breakfast facilities in older homes
on small lots within the City.
3. Dulce Setterfield, spoke in support of the proposed Bed & Breakfast.
4. Gil Michael, stated the Zoning Ordinance does not need to be changed,
Conditional Use permit can be given special considerations and conditioned as such.
5. Betty Pilling, spoke in favor of the proposal, stating Bed and Breakfast
facilities are an absolute must to a community to invite tourists into the area and
encouraged Council to work with applicant to make it happen.
6. Donna Wagner, co-worker of Ms. Olsen, stated she knew the applicant
was doing everything she could to meet the requirements for the Bed and Breakfast
facility.
FINDINGS AND CONCLUSIONS
1. The Findings and Conclusions set forth in Exhibit A are hereby adopted as
the Council's Findings and Conclusions, except as modified herein. The provisions set
forth in this Resolution shall control over any inconsistent provisions set forth in Exhibit
B.
CONDITIONS:
1. Prior to obtaining Certificate of Occupancy for the facility, the applicant shall
submit to the Planning Department a proper "Notice to Title" that has been filed
with Kitsap County Auditor's Office for the four off-site parking spaces required
for the facility.
PORT ORCHRRD CITY OF 200702260005
Resolution Rae Fee: $ 40.00
0212612007 08:26 AM Pa . 2 Karen Flynn, Kitsap Co Auditor 98 · of 9
11111111111111111111111111111111111111111111111111111111111111111111111111111111
Resolution No. 028-06
Page 3 of 3
2. If City regulations for off-street parking are amended or otherwise change
whereas then those applications that have been approved under a Conditional
Use Permit this year for a Bed and Breakfast facility can be administratively
changed to allow for the new regulation to take effect.
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 24th day of July 2006.
KIM E. ABEL, MAYOR
ATTEST:
~,;1 !L . VV! ~ {) tJ{t<JLul!f-.f I IUA-~~
Michelle Merlino, Interim City Clerk
PORT ORCHRRD CITY OF 200702260005
Resolution Reo Fee: $ 40.00
02/26/2007 08:25 AM Page: 3 of 9
Karen Flynn, Kitsap Co Auditor
lllllllllllllllllllllllllllllllllllllllllllllllllll\1\llllll\lllllllllllllllllll
RESOLUTION NO. 08 -06 Resolution No. 028+.06
Exhibit "A"
A RESOLUTION OF THE CITY OF PORT ORCHARD
PLANNING COMMISSION RECOMMENDING APPROVAL OF
THE CONDITIONAL USE PERMIT (CUP 018-05) FOR
A 2-BEDROOM BED AND BREAKFAST FACILITY
TAX PARCEL NO: 4650-016-008-0201
WHEREAS, the applicant has submitted an application for a Conditional Use Permit to allow a 2-
Bedroom Bed and Breakfast facility in an exiting single family residence; and
WHEREAS, a Determination of Non-Significance was issued on March 8, 2006; and
WHEREAS, the Planning Commission held a public meeting on May 2, 2006; and
WHEREAS, the Planning Commission heard testimony from the applicant and there was
testimony from the public; now, therefore,
THE PLANNING COMMISSION OF THE CITY OF PORT ORCAHRD HEREBY RESOLVES AS
FOLLOWS:
FINDINGS:
THAT: The Planning Commission of the City of Port Orchard hereby
recommends that the City Council of the City of Port Orchard approve
the application for a Conditional Use Permit for a 2-Bedroom Bed and
Breakfast with the following findings and conclusions and subject to the
following conditions:
1. The site is designated Medium Density Residential in the Comprehensive Plan.
2. The site is zoned Residential 8 (R8).
3. An application for a Conditional Use Permit and Variance was received on December 19, 2005.
The application was for approval of a 2-Bedroom Bed & Breakfast facility in an existing single
family residence and a variance to the required parking spaces for the facility. The City Attorney
has previously advised staff not to process variances to the zoning ordinance, other than bulk
standards, so the variance was not submitted with the Planning Commission staff report.
4. The applicant has been told by the City that current parking regulations do not provide for
parking permits for commercial developments. Parking is regulated by the City Police
Department. The applicant was erroneously advised by former staff that she could apply for a
variance to these standards.
5. Access to the site is adequate by current standards. No street improvements will be required by
the City Engineer.
6. The proposal provides for adequate pedestrian access onto the site.
7. Minimum parking requirements have been established for the bed and breakfast facility (one
space for each of the bedrooms+ 2 for the facility, for a total of 4 spaces). However, the
parking requirements have not yet been met by the applicant.
8. The applicant has not provided information regarding the location of the off-site parking, but will
propose alternate parking plan and/or agreement for the facility.
9. The proposal is to utilize 2 of the existing bedrooms for the B & B.
CONCLUSIONS:
1. A Bed & Breakfast facility is allowed in the Residential 8 (R8) zone with a Conditional Use Permit.
PORT ORCHARD CITY OF
Resolution Reo Fee: $ 40.00
02/26/2007 08:25 RM .
200702260005
Page: 4 of 9
Karen Flynn, Kitsap Co Rud1tor
I 1111111111111111 Ill\ 111111 \l\ll\1\llllll\lllll\ 1111111111111111111111111111 Ill\
Resolution No.OS-06
Page 2 of 2
2. A Bed & Breakfast facility must supply on site parking at one space per bedroom plus two for the
facility according to Sec. 3, C3 of the Zoning Ordinance. This facility requires four additional
parking spaces and does not have space for on site parking. The applicant will be required to
submit a parking plan for off site parking for the facility.
CONDITIONS OF APPROVAL:
The Planning Commission recommends approval with the following conditions:
1. Prior to the public hearing before the City Council, the applicant shall submit and receive
preliminary approval on an off-site parking plan, unless otherwise approved by the City Police
Department and/or the City Engineer for on street parking.
2. Prior to Certificate of Occupancy, the building shall meet all IBC requirements as required by the
City Building Official.
3. Prior to Certificate of Occupancy, the buildings shall meet all requirements of the International
Fire Code as identified by Kitsap Fire District 7.
PASSED by the Planning Commission of the City of Port Orchard this 2nd day of May 2006.
Gwf~·
Gil Michael, Chairman
L ikt
Joanne Long-i::tJlanning Director
PORT ORCHARD CITY OF 200702260005
Resolution Rec Fee: $ 40.00 Page: 5 of 9
02/26/2007 08:25AM . i1ifl~f111 i1~I11~1 'tlillilill liflllliHIIlltlil111 ~11111111111111111111111111
After recording, please return to:
Joanne Long-Woods
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Resolution No. 028-06
Exhibit "B"
AGREEMENT FOR JOINT USE
OF OFF-STREET PARKING AREA
1. Date and Parties.
1 .1 This Agreement for joint use of off-street parking area (the
Agreement) is made and entered into this _ day of , 2006, by and between
Port Orchard United Methodist Church, ("Grantor"), and Lorraine Olsen ("Grantee"), on
the following terms and conditions:
2. General Recitals.
2.1 Grantor is the owner and occupant of the real property located at
725 Kitsap Street, Port Orchard, Washington; Kitsap County Assessor's Tax Parcel No.
4053012009004, and legally described on Exhibit "1" attached hereto and by reference
incorporated herein ("Grantor's Property").
2.2 Grantee is the owner and occupant of the real property located at
724 Kitsap Street, Port Orchard, Washington, Kitsap County Assessor's Tax Parcel No.
4650016008021, and legally described on Exhibit "2" attached hereto and by reference
incorporated herein ("Grantee's Property") which is adjacent to Grantor's property.
2.3 Grantor's property is used and occupied as a church which use is
used primarily on Sundays.
2.4 Grantee's Property is to be used and occupied under Port Orchard
Conditional Use Permit Application number 018-05, as a bed and breakfast for the
accommodation of overnight stay of paying guests.
Agreement for Joint Use of
Off-Street Parking Area
Page 1 of 4
Grantor Grantee
PORT ORCHARD CITY OF 200702260005
Resolution Rec Fee: $ 40.00 Page: 6 of 9
02126!2007 08:25 AM .
Karen Flynn Kitsap Co Aud1tor
I 1111111 Ill 1111111111 l\1111 \Ill l\l\1\1 IIIII\ Ill\ Ill\ IIIII IIIII IIIII IIIII Ill\ Ill\
20766
Grantee:
6. AmeQdment.
Lorraine Olsen
724 Kitsap Street
Port Orchard, Washington 98366
6.1 This Agreement may not be modified, revoked, or amended, except
with the written consent of both parties and the authorization by the City Engineer or
Planning Commission of the City of Port Orchard; provided the City of Port Orchard,
Washington shall be notified not less than six (6) months prior to the effective date of
any modification or amendment.
7. Successors and Assigns.
7.1 This Agreement shall be binding upon and shall inure to the benefit
of the parties and their respective heirs, successors and assigns.
This Agreement shall be a covenant running with the land as to Grantor's
Property and Grantee's Property; and shall be recorded with the Kitsap County Auditor
as a deed restriction on the title to both properties.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first above written.
Agreement for Joint Use of
Off-Street Parking Area
Page 3 of 4
GRANTOR:
PORT ORCHARD UNITED METHODIST CHURCH
By: _____________ _
(Print Name)
Its:
GRANTEE:
By: _____________ _
Lorraine Olsen
Grantor Grantee
PORT ORCHRRD CITY OF 200702260005
Resolution Reo Fee: $ 40.00
02/26/2007 08:25 AM Page: 8 of 9
Karen Flynn, Kitsap Co Auditor
11111111111111111111111111111111111111111111111111111111111111111111111111111111