018-14 - Resolution - Exemption from View Protection Overlay District RegulationsIntroduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 8, 2014
Adopted: July 8, 2014
RESOLUfiON NO. 018-14
A RESOLUfiON OF THE CllY OF PORT ORCHARD,
WASHINGTON, GRANTING AN EXEMPTION FROM THE
VIEW PROTECTION OVERLAY DISTRICT REGULATIONS
UNDER POMC 16.20.712 AND ADOPTING FINDINGS AND
CONCLUSIONS
WHEREAS, exemptions from the View Protection Overlay District (VPOD)
regulations are authorized in POMC 16.20.712; and
WHEREAS, the city received a request for exemptions from Paul Berg on July
1, 2014 with the application and supporting materials attached to this resolution; and
WHEREAS, on July 8, 2014 the City Council conducted a public hearing on the
proposal after publishing a public hearing notice in the city's designated newspaper,
mailing notices to all residents within 300 feet of the subject properties, and posting a
notice of the hearing onsite; now, therefore,
THE CllY COUNCIL OF THE CllY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
SECTION 1: In order to approve a View Protection Overlay District exemption,
the City Council must find that the proposal meets 4 criteria as listed in POMC 16.20. 712
(2) (a-d). Based on the materials attached to this Resolution and the testimony and
materials submitted at the public hearing, the following findings and conclusions are made
concerning the criteria for granting an exemption:
(a) The granting of the exemption would not be detrimental to the public
health, safety, or welfare or create significant adverse effects to other
properties and improvements in the view protection overlay district;
Finding: Photographic evidence and a site visit performed by city staff has
revealed that no significant view is present at the site and that the
construction of 2-story single-family structures at this location will not block
any significant views from neighboring properties.
Conclusion: After considering the above finding and public testimony
offered at a public hearing, the City Council has concluded that the granting
of the exemption would not be detrimental to the public health, safety, or
Resolution No. 018-14
Page 2 of 3
welfare or create significant adverse effects to other properties and
improvements in the view protection overlay district.
(b) The granting of such exemption would be in conformance with the policies
and goals of the comprehensive plan;
Finding: The proposed use to be constructed upon granting of the
exemption are 4 single family residences which is consistent with the
Residential Medium Density land use designation found in the
comprehensive plan. The view protection overlay district is not addressed in
the city's comprehensive plan.
Conclusion: The granting of the proposed exemption would be in
conformance with the comprehensive plan.
(c) The view of adjacent property owners would not be obstructed or reduced if
the property to be exempted were developed to maximum height and
dimensions allowed by the underlying zone;
Finding: City staff visited the site and reported to the City Council that the
very limited views of adjacent property owners would not, in staffs opinion,
be obstructed or reduced if the property to be exempted were developed to
the maximum height and dimension as allowed by the underlying zone.
Public testimony provided at a public hearing conducted by the city council
on the proposal did not indicate that the proposed exemption would
obstruct or reduce views of adjacent property owners.
Conclusion: The granting of the proposed exemption would not cause the
view of adjacent property owners to be obstructed or reduced if the property
to be exempted were developed to maximum height and dimensions allowed
by the underlying zone.
(d) The granting of such exemption would not reduce the solar access of
neighboring lots.
Finding: The city's setback and height restrictions would ensure that solar
access is not impacted. Public testimony provided at a public hearing
conducted by the city council on the proposal did not indicate that the
proposed exemption would reduce solar access from neighboring lots.
Conclusion: The granting of the proposed exemption would not reduce solar
access from adjacent properties.
SECTION 2: Consistent with the Findings and Conclusions in section 1,
exemptions from the requirements of the View Protection Overlay District are hereby
Resolution No. 018-14
Page 3 of3
granted for 823, 829, 835, and 841 Smalley Lane on parcels 262401-4-060-2006,
262401-4-061-2005, 262401-4-062-2004 & 262401-4-063-2003.
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 8th day of July 2014.
~~em~
Timothy C. Matthe Mayor
ATTEST: