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1717 - Resolution - Special Use Permit Corner of Taylor and Austin, PenningtonRESOLUTION NO. 1717 V- A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON DENYING THE ISSUANCE OF A SPECIAL USE PERMIT (AND ASSOCIATED REZONE AND COMPREHENSIVE PLAN DESIGNATION CHANGE) TO DON PENNINGTON, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF TAYLOR STREET AND AUSTIN AVENUE KNOWN COMMONLY AS 614 AND 620 TAYLOR STREET FOR A SPECIFIC USE OF A PARCEL OF PROPERTY WHICH IS NOT IN HARMONY WITH THE VARIOUS ELEMENTS OR OBJECTIVES OF THE COMPREHENSIVE PLAN AND IS DETRIMENTAL TO EXISTING USES PERMITTED IN THAT PARTICULAR ZONE. 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 10 (Reclassification) of Ordinance No. 1469, Zoning Ordinance of the City of Port Orchard, and WHEREAS, the City Planning Commission has recommended denial of the applications by Don Pennington to allow the demolition of two homes and the construction of a 40 space parking lot on property located at the corner of Taylor Street and Austin Avenue known commonly as 614 and 620 Taylor Street, and has recorded with the City Clerk their decision setting forth their findings and recommendations, and WHEREAS, the Port Orchard City Council held a public hearing on November 13, 1995 to consider the Don Pennington`s Land use Reclassification and Comprehensive Plan Change, and WHEREAS, The Port Orchard City Council at the November 13, 1995 Council Meeting amended the Land Use Reclassification and Comprehensive Plan Change applications to a Special Use Permit application to allow for further discussion on parking lot use rather than changing the designation of the property from Residential High to Commercial General, as allowed under Section 10.A.4.0 of Ordinance No. 1469, and, WHEREAS, the Port Orchard City Council at the December 11, 1995 Council Meeting did consider testimony and evidence relevant to the Special Use Permit application. NOW, THEREFORE, the City Council of the City of Port Orchard does hereby deny the issuance of a Special Use Permit (and associated Rezone Reclassification and Comprehensive Plan Designation Change) to Don Pennington to allow the demolition of two homes and the construction of a 40 space parking lot on property located at the southwest corner of Taylor Street and Austin Avenue known commonly as 614 and 620 Taylor Street based upon the following findings of fact and conclusions: Resolution No. 1717 Page Two of Two FINDINGS OF FACT: 1) That the majority of neighboring residents present at the Hearing were opposed to the project due to the potential loss of property value and negative impact on the existing neighborhood character. 2) The proposed use is neither necessary nor desirable and would therefore be detrimental to the public health, safety, welfare and injurious to property and improvements in the vicinity, and therefore would not be in conformance with the neighborhood. CONCLUSION: Based on the findings of facts, testimony and materials presented at the public hearing, the Port Orchard City Council conclude that: (1) A Special Use Permit (or Rezone or Comprehensive Plan Designation change) to allow the demolition of two homes and the construction of a 40 space parking lot on property located at the southwest corner of Taylor Street and Austin Avenue known commonly as 614 and 620 Taylor Street would not be in harmony with the surrounding the residential neighborhood. LEGAL DESCRIPTION: Lots 5 through 12, Block 7, Sweaney's Addition to Sidney, recorded in Volume 1, page 55, 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 passage this 26th day of December, 1995. C' LESLIE J. WEATHERILL, MAYOR ATTEST: Patricia Parks, City Clerk