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1700 - Resolution - Special Use Permit3, . SAP COUNTY FILED -BY: CITY OF PORT ORCHARD JUL M 19951 3:333 P! KAREN FLYNNi AUDITOR CLERK: BEVA S RESOLUTION NO. 1700 '/ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE ISSUANCE OF A SPECIAL USE PERMIT TO ROBERT AND CHRISTY KURTS FOR PROPERTY LOCATED AT 151 SHAMROCK LANE FOR A SPECIFIC USE OF A PARCEL OF PROPERTY WHICH IS IN HARMONY WITH THE VARIOUS ELEMENTS OR OBJECTIVES OF THE COMPREHENSIVE PLAN AND IS NOT DETRIMENTAL TO EXISTING USES PERMITTED IN THAT PARTICULAR ZONE. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES HEREBY RESOLVE: �$ A.. F. O: 9507170166 THAT: Whereas the City Planning Commission has held the required public hearings in accordance with the criteria set forth in Chapter 6 (Special Use Permits) of Ordinance No. 1469, Zoning Ordinance of the City of Port Orchard, and; EE1_ 0867 F R 2756 WHEREAS, the City Planning Commission has recommended approval of the application by Robert and Christy Kurts, located at 151 Shamrock Lane and has recorded with the City Clerk their decision setting forth their findings and recommendations, and WHEREAS, the City Council did hold a public hearing on June 26, 1995 to take testimony, review materials and consider all information presented. NOW, THEREFORE, the City Council of the City of Port Orchard does adopt Planning Commission Resolution No. 235-95, (Attachment "A") with Findings, Facts and Conclusions as their own and does hereby approve the issuance of a Special Use Permit to allow a paint business to be located in a single family residence, with the following twelve conditions: 1. Before any future change in occupancy, the Planning Commission and City Council shall review and approve the proposed use to ensure it is still in the best interest of City residents. 2. If complaints are received, the hours of operation will be amended to not exceed lam to 9pm on any day of the week. 3. The storage of paints and other hazardous chemicals related to the business is prohibited. 4. The Fire Department reserves the right to inspect the property as they would any other commercial operation. 5. Employee vehicles must park off the street and behind the cedar fence. Resolution No. 1700 Page 2 of 2 6. The commercial vehicles must park off the street and behind the cedar fence. 7. No business related noise, vibration, odors, etc. shall be permitted to affect any of the surrounding residences. A. Employee and/or company vehicles may not be left idling in front any surrounding residences. B. No repair work may be done on the commercial vehicles on site. 8. A lighting plan shall be submitted and approved prior to the placement of any new outdoor illumination and shall be orientated away from neighboring residences. 9. Present and future businesses located on this property will register with the City. 10. If verified complaints are received by the City regarding this use, including the disposal of paint or solvents, the business must cease operations at the 151 Shamrock Lane address and the Special Use Permit must be brought back in to the Planning Commission and City Council for review. 11. This special use permit will cease upon either the termination of the business or the applicant moving from the site. 12. The posting of business signs on the property is prohibited. LEGAL DESCRIPTION: Attachment "B" PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this loth day of July, 1995. LESLIE J. W EATHERILL, MAYOR Patricia Parks, City Clerk A _ F,. * : 9507170166 REED. 0867 FR 2757 resolution No. 1700 Attachment "A" ` CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 235-95 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SPECIAL USE PERMIT TO ALLOW A PAINT BUSINESS TO BE LOCATED IN A SINGLE FAMILY RESIDENCE LOCATED AT 151 SHAMROCK LANE, AS REQUESTED BY ROBERT KURTS. ' LEGAL DESCRIPTION: SEE EXHIBIT A. WHEREAS, a Public Hearing was held on Wednesday, 31 May 1995, and the Planning Commission considered the findings and facts of the proposal, testimony, and materials presented at the Hearing; and WHEREAS, the applicants requested a Special Use Permit to allow a paint business to be located in a single family residence; and WHEREAS, the Planning Commission considered the specific use proposed to be appropriate as conditioned; and WHEREAS, the proposed use is compatible with the neighborhood as conditioned; and WHEREAS, the proposed use, as demonstrated in supporting documentation provided by the applicant and as conditioned, will not be detrimental to the public health, safety, welfare or injurious to property and improvements in the vicinity and therefore will be in conformance with the objectives of the Comprehensive Plan. 11% � .� � 50� 1. -70166 r-e. e . 3S x REED 001-affl6_7 FR 2-75 WE THEREFORE FIND: that the proposed Special Use Permit to allow a paint business to be located in a single family residence is compatible with the surrounding land uses and will not have a detrimental effect on the surrounding community. CONCLUSION, based on the facts, testimony, and materials presented, at the Hearing, we therefore conclude that the Special Use Permit to allow a paint business to be located in a single family residence is in harmony with the general purposes of the Zoning Ordinance and the Comprehensive Plan. BE IT RESOLVED, that the Planning Commission of the City of Port orchard hereby respectfully requests the City Council approve a Special. Use Permit for the above described property with the following conditions: 1. Before any future change in occupancy, the Planning Commission and City Council shall review and approve the proposed use to ensure it is still in the best interest of City residents. Resolution No. 1700 attachment "A" 2. If complaints are received, the hours of operation will be amended to not exceed lam to 9pm on any day of the week. 3. The storage of paints and other hazardous chemicals related to the business is prohibited. 4. The Fire Department reserves the right to inspect the property as they would any other commercial operation. 5. Employee vehicles must park off the street and behind the cedar fence. 6. The commercial vehicles must park off the street and behind the cedar fence. -gy a m - Q 16 4& � _s �3 �6 RE -EL 08-F67 F R 2759 7. No business related noise, vibration, odors, etc. shall be permitted to affect any of the surrounding residences. A. Employee and/or company vehicles may not be left idling in front any surrounding residences. B. No repair work may be done on the commercial vehicles on site. 8. A lighting plan shall be submitted and approved prior to the placement of any new outdoor illumination and shall be orientated away from neighboring residences. 9. Present and future businesses located on this property will register with the City. 10. If verified complaints are received by the City regarding this use, including the disposal of paint or solvents, the business must cease operations at the 151 Shamrock Lane address and the Special Use Permit must be brought back in to the Planning Commission and City Council for review. r. ^!a:..:a.+.o%c:S.'e. w.ti:�;::a,: �.;;y.,:rrrrt •rx^:: :. ,;..3 �-� r r. .. s..,.:.�.::nwr.vi:.u•:h::p':::::.,....::..,::.,:.::.s.,;r..a:.::r,:.,:.:..yp�o,:?x:: -:..%yr: :<_ � �~> PASSED this 31st day of May 1995. CITY OF PORT ORCHARD PLANNING 71,SION %. L O. John Hokanson, Chairman ATTEST: i Ma ga et Kdvafiaugh Associate City Piann.r LOT LINE ADJUSTMENT RESOLUTION NO. 1700 ROBERT AND CHRISTY KURTS ATTACH= "B" Current Lot A; That portion of the Northwest Quarter of the Southwest Quarter of Section 2, Township 23 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Southwest corner of the Southwest Quarter of said Section 2; thence along the West line thereof N 2°24'59" E 1319.50 feet to the Southwest corner of said Northwest Quarter of the Southwest Quarter; thence along the South line of said Northwest Quarter of the Southwest Quarter, S 89*02110" E 784.34 feet to the Northeasterly Right -of -Way margin of State Highway SR--16; thence continuing along said South line S 891021101, E 207.04 feet to the Southwest corner of the Plat of "Shamrock Lane" as recorded in Volume 13 of Plats, Page 68, records of the Auditor of Kitsap County, Washington; thence along the. West line of said Plat of "Shamrock Lane", N 2032124" E 330.39 feet to the Northwest corner of said Plat and the true point of beginning; thence N 89°03'22" W 20.01 feet; thence N 2°32124" E 300.19 feet; thence S 89°04'57" E 20.01 feet; thence South along the West line of the East 10 acres of the Northwest Quarter of the Southwest Quarter to the true point of beginning. Current Lot B . A- REEL-F. � m 95071 �01 �` 0867 FR 276 Lot 2 Stetson Plat -as recorded under Volume 25 of Plats on Page 75, records of Kitsap County, Washington; situate in Kitsap County, Washington. New Parcel A• That portion of the Northwest Quarter of the Southwest Quarter of Section 2, Township 23 North, Range I East, W.M., in Kitsap County, Washington, described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 2; thence along the West line thereof North 02°24'59" East 1319.50 feet to the Southwest corner of said Northwest Quarter of the Southwest Quarter; thence along the South line of said Northwest Quarter of the Southwest Quarter South 89*02,10" East 784.34 feet to the Northeasterly Right -of -Way margin of State Highway SR-16; thence continuing along said South line South 89002110" East 207.04 feet to the Southwest corner of the Plat of "Shamrock Lane" as recorded in Volume 13 of Plats, Page 68, in Kitsap County, Washington; thence along the West line of said Plat Page --1 RESOLUTION NO. 1700 ATTACHMENT "B" REEL 0325 i R 1556� of Shamrock Lane North 02*32,24" East 330.39 feet to the Northwest corner of said Plat and the True .Point of Beginning; thence North 89°03'22" West 20.01 feet; thence North 02032124" East 73.00 feet to the Northeast corner of Lot 1 of Stetson Plat, as recorded in Volume 25 of Plats on Page 75, records of Kitsap County, Washington; thence North 84*21129" East 20.21 feet; thence South 02°32'24" West 75.32 feet along the West line of the East 10 acres of the Northwest Quarter of the Southwest Quarter of said Section 2, to the True Point of Beginning. That portion of the Northwest Quarter of the Southwest Quarter of Section 2, Township 23 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 2;,. thence along the West line thereof North 02°24'59" East 1319.50.feet to the Southwest corner of said Northwest Quarter of the Southwest Quarter; thence along the South line of said Northwest Quarter of the Southwest Quarter South 89°02110" East 784.34 feet to the Northeasterly right -of --way margin of State Highway SR-16; thence continuing along said South line South 89°02'10" East 207.04 feet to the Southwest corner of the Plat of "Shamrock Lane" as recorded in Volume 13 of Plats, Page 68, in Kitsap County, Washington; thence along the West line of said Plat of Shamrock Lane North 02*32124" East 330.39 feet to the Northwest corner of said Plat; thence North 89'03'22" West 20.01 feet; thence North 02°32'24" East 265.00 feet to the Northeast corner of Lot 2 of Stetson Plat, as recorded in Volume 25 of Plats on Page 75, records of Kitsap County, Washington; and the 'True Point of Beginning; thence continuing North 02°32'24" Ea-st 35.19 feat along the East line of said Stetson Plat; thence South 89*04157" East 20.01 feet; thence South 02032'24" West 9.59 feet along the West line of the East 10 acres of the Northwest Quarter of the Southwest Quarter of said Section 2; thence South 39'56120" West. 32.93 feet, to the True Point of Beginning. New Parcel B • - F- : 95 -7-70166 REEL- 0867 FR 2761 Lot 2 of Stetson Plat as recorded under Volume 25 of Plats on Page 75, records of Kitsap County, Washington; situate in Kitsap County, Washington. That portion of the Northwest Quarter of the Southwest Quarter of Section 2, Township 23 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 2; thence along the West line thereof North 02*24,59" East 1319.50 feet to the Southwest corner of said Northwest Quarter of the Southwest Quarter; thence along the South line of said Northwest Quarter of the Southwest Quarter South 89*02110" East 784.34 feet to the Northeasterly right -of --way margin of State Page -2 RESOLUT1ON NO. 1700 ATTACHMENT "B" Highway SR-16; thence continuing along said South line South 89*02110" East 207.04 feet to the Southwest corner of the Plat of "Shamrock Lane" as recorded in Volume 13 of Plats, Page 68, in Ritsap County, Washington; thence along the West line of said Plat of Shamrock Lane North 02°32'24" East 330.39 feet to the Northwest corner of said Plat; thence North 89°03'22" West 20.01 feet; thence North 02*32124" East 73.00 feet to the Northeast corner of Lot 1 of Stetson Plat, as recorded in Volume 25 of Plats on Page 75, records of Kitsap County, Washington; and the True Point of Beginning; thence continuing North 02032,24" East 192.00 feet along the East line of said Section Plat to the Northeast corner of Lot 2 of said Stetson Plat; thence North 39056,20" East 32.93 feet; thence South 02032,24" West 215.29 feet along the West line of the East 10 acres of the Northwest Quarter of the Southwest Quarter of said Section 2; thence South 84°21'29" West 20.21 feet, to the True Point of Beginning.- A- F- d 4--150717 1 6 REEL 0867 FR 276� Page -3