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1710 - Resolution - Appeal to Deny an Application for VarianceRESOLUTION NO. 1710 ✓ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON SETTING FORTH FACTS, FINDINGS AND CONCLUSIONS RELEVANT TO THE APPEAL TO THE PLANNING COMMISSION'S RECOMMENDATION TO DENY AN APPLICATION FOR A VARIANCE AS FILED BY LORIN BLANK FOR PROPERTY LOCATED AT 241 PERRY AVENUE NORTH THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE: THAT: Whereas the City Planning Commission held the required public hearing in accordance with the criteria set forth in Chapter 7 (Variance) of Ordinance No. 1469, Zoning Ordinance of the City of Port Orchard, and WHEREAS, the City Planning Commission has denied the Application for a Variance by Lorin Blank for property located at 241 Perry Avenue, and has recorded with the City Clerk their decision setting forth their findings and decisions, and WHEREAS, on July 24, 1995, Lorin Blank did file an appeal to the Planning Commission's decision to deny an Application for Variance. WHEREAS, the Port Orchard City Council held a public hearing on August 28, 1995 to consider an appeal, as filed by Lorin Blank, and WHEREAS, the Port Orchard City Council did consider testimony and evidence relevant to the appeal of the Planning Commission's decision to deny an Application for a Variance. NOW, THEREFORE, the City Council of the City of Port Orchard does hereby deny the appeal of the Planning Commission's denial of the Application for a Variance to Lorin Blank for property located at 241 Perry Avenue based upon the following findings of fact and conclusions: FINDINGS OF FACT: 1) Subject property is located on a hillside with a limited buildable portion. 2) The neighborhood is currently in transition and many setback nonconformities exist nearby so the proposed parking area would be consistent with limitations occurring on other sites in the vicinity and in the same zone; and 3) If the variance were granted the street could not be widened without removing all parking on site creating a hardship for the owners and adjoining property owners; and Resolution No. 1710 Page 2 of 2 4) If the variance were granted, access to the public right of way to underground local utilities could be compromised; and 5) If the variance were granted, backing the vehicles out directly onto Perry Avenue may pose a threat to the public health, safety, welfare, or be injurious to property and improvements in the vicinity; and 6) The approval of this variance could adversely affect the objectives of the Comprehensive Plan. CONCLUSION: Based on the findings of facts, testimony and materials presented at the public hearing, the Port Orchard City Council conclude that: 1) A variance of fifteen feet from the required front yard setback of fifteen feet is not in harmony with the general purposes of the Zoning Ordinance and the Comprehensive Plan. LEGAL DESCRIPTION: Lot 6, except the South 15 feet, and all of Lot 7, Block 12, Annapolis as per Plat recorded in Volume 1 of Plats, Pages 64 and 65, records of Kitsap County, Washington. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such assage this 11th day of September, 1995. LESLIE J. WEATHERILL, MAYOR ATTEST: Patricia Parks, City Clerk