1985 - Resolution - Review of Special Use PermitRESOLUTION NO. 1985
A RESOLUTION OF THE CITY OF PORT ORCHARD.
WASHINGTON. REGARDING REVIEW OF SPECIAL
USE PERMIT SUP-1021.
WHEREAS, the City initiated proceedings to review whether Special Use Permit SUP-
1021 is being exercised contrary to the terms or conditions of approval, or in violation of any statute, law
or regulation, and/or whether the use for which approval was granted is being exercised in a manner
detrimental to the public health and safety, and
.WHEREAS, the Council held a public hearing on February 25, 2002, and deliberated in
open session on June 24, 2002, and being otherwise fully advised, finds concludes, and resolves as
follows:
FINDINGS
(1) Application for a special use permit SUP-1021 was received by the City on March
19, 1984, to utilize the existing single family residence located at 207 Rockwell Avenue as a professional
office. The proposed use was stated in the application as follows:
follows:
I wish to utilize the existing building as a professional office with on site client
service by appointment only. I am a licensed clinical psychologist and will offer
specialized services for Vietnam Veterans, children, youth & families. The initial
plan is for an individual private practice with a part time office person. Long
range plans include the addition of one professional staff.
(2) During the review process, the applicant further described the proposed use as
(a) Parking demand would be five to six cars per day.
{b) Off-street parking consisting of six parking stalls would be
provided on site.
(c) The off-street parking would accommodate all of the parking
needs for the proposed use.
(d) No group therapy was planned, but when group therapy became
feasible, it would be limited to small family groups.
(e) Client load would be a total of 20 to 30 direct service client hours
per week.
(3) Based on the information .provided by the applicant regarding the proposed use,
the City Council approved special use permit application SUP-1021 on May 29, 1984 by Resolution No.
1357.
(4) The current use consists of two full time counselors, one part time counselor and
one part time office manager.
(5) In addition to serving Vietnam veterans, children, youth and families, the office
currently provides a certified domestic violence perpetrator treatment program and anger management
classes.
Resolution No. 1985
Page 2 of2
(6) The average size of all groups is eight participants, with as many as twelve
participants in the domestic violence group therapy and anger management classes. Some of the group
sessions are held on sundays and evenings.
(7) On-site parking is inadequate to satisfy the parking demands of the current use.
(8) The office currently averages 39 client hours per week in individual
appointments, plus an additional 30 client hours per week in group sessions, for a total of 69 client hours
per week. (170 individual client hours per month x 12 I 52= 39.23; 131 group client hours per month x 12
I 52= 30.23).
(9) Chapter A1 Section 14 of the City of Port Orchard Zoning Code provides that the
City Council may revoke a special use permit if "the approval or permit granted is being exercised contrary to
------ihe-·terms-or·conditfons-of·such-approval-orin-vrolation --of ·any·statute;-·law-onegulation,"·or·if·"th e-use· for --
which the approval was granted is being exercised in a manner detrimental to the public health and safety."
CONCLUSIONS
(1) The nature, character, and intensity of the use has changed significantly from those
contemplated in the special use permit. (Findings of Fact 4-8).
(2) The permit is being exercised contrary to the use contemplated in the special use
permit. (Findings of Fact 4-8).
(3) The increased client base and addition of large group sessions have created traffic
and parking impacts in the residential zone not contemplated in the special use permit. The traffic and
parking impacts are not being adequately mitigated and are detrimental to the public health and safety.
(Findings of Fact 6-8), now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The permitee shall have sixty days to bring the use into compliance with
those contemplated in the special use permit. (Findings of Fact 1-2).
SECTION 2. A compliance hearing shall be scheduled for September 23, 2002. If the
permittee does not provide sufficient evidence of compliance, the special use permit SUP-1 021 shall be
revoked.
PASSED by the City Council of the City of Port Orchard,
by the Clerk in authentication of such passage this 22nd day of July 200 .
?~
Patricia Parks, City Clerk