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1262 - Ordinance - Amending Use and Area Maps of Ordinance 899ORDINANCE NO. 1262 V AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING THE USE AND AREA MAPS OF ORDINANCE NO. 899: RECLASSIFYING CERTAIN PROPERTY (Jack M. Baush, owner of record) THEREIN. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS: Section 1. That the use and area maps of Ordinance No. 899, be and hereby are amended (as petitioned by Jack M. Baush, owner of record) to conform with Chapter 10 as follows: LEGAL DESCRIPTION: Lots 8 & 9, Block 19, Annapolis According to plat recorded in Volume 1 of Plats, page 64, together with the east 1 feet of Farragut Street, adjoining. be and the same is hereby reclassified from Residential High to Multiple Family 20 subject to Findings of Fact as set forth in Planning Commission Resolution No. 035-83 (attached) PASSED by the City Council and APPROVED by the Mayor this 23rd day of January, 1984. ATTEST: LESLIE J. WEATHERILL, MAYOR R. G. Lloyd, City Clerk;' APPROVED AS TO FORM: orney CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 035-83 A RESOLUTION BY THE PROT ORCHARD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION TO MF-20, AS REQUESTED BY JACK M. BAUSH. LEGAL DESCRIPTION: Lots 8 & 9, Block 19, Annapolis according to plat recorded in Volume 1 of plats, page 64, together with the east 1 feet of Farragut Street, adjoining. WHEREAS, the applicant wishes to divide an existing parcel that is made up of four lots and has a five-plex located on lots 8 and 9, into two tax parcels. He requests that lots 8 and 9 be rezoned to multiple family 20. Lots 6 and 7 of said parcel to remain residential -low, and WHEREAS, a public hearing was held on December 19, 1983, and that the planning commission considered the findings of fact, the testamony and material presented at the hearing... FINDINGS OF FACT A SEPA checklist has been submitted and received a declaration of non -significance. SITE INFORMATION: The subject parcel is rectangular in shape 110' fronting on Chester and 200' fronting on Farragut. The lot is relatively flat and sloping slightly to the northeast. A five-plex apartment/ including parking for 10 cars is located on the north parcel, the south parcel is vacant. The area is residential with both single-family and multi- family dwellings. The property to the north and west of subject property is zoned residential -high. The area adjacent to the south and east are zoned residential -low. The comprehensive plan designation for the area is residential -high. Utilities are available and adequate for the existing use. The criteria established for the zoning designation requested: "the MF-20 district establishes high density multiple resi- dential area in urban locations where established public services and facilities are available." The subject property meets this criteria. Multiple family dwellings are allowed in the residential. -low zoning district, minimum lot size per unit is 8,000 square feet. The subject parcel contains 22,000 square feet. Therefore, under the present zoning the existing five-plex is a non- conforming use and could not be replaced if accidentally destroyed by fire. If the use of a structure is non -conforming at the time of adoption of the zoning ordinance the use may be continued so long as it remains otherwise lawful. No structure shall be extended, constructed, reconstructed, moved or structurally altered except in changing the use to a permitted use in the zoning district. If lots 8 & 9 are rezoned to MF-20 the existing 5-plex would be conforming and the remaining two lots 6 & 7 could be segre- gated from the north lots and remain residential -low. The= vacant lots 6 & 7 would then be buildable and would allow for a single-family dwelling. This request if granted: (1) Will not change the use of the property. (2) Will allow the addition of another single-family dwelling. (3) Will allow the 5-plex to be replaced if destroyed. The existing use would be a conforming use if zoned residential - high, but would require that the parcel remain as is,to meet the minimum square footage requirements. CONCLUSION: Based on the finding of facts, the testimony and materials presented at the public hearing, we therefore conclude that the granting of the zone reclassification to multiple -family 20, as requested, to be in harmony with the general purposes and intent of the zoning ordinance and comprehensive plan. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests that the City Council approve the zone reclassification from RL to MF-20, as requested, based on the findings of fact and subject to the following condition of approval: That written verification from the Kitsap County Segregation Department that the parcel has been separated into two tax parcels of equal size, has been submitted. Passed by the Planning Commission of the City of Port Orchard on the 19th day of December 1983. CITY OF PORT ORCHARD PLANNING COMMISSION ATTEST: 0. John Hokanson, Chairman Tom Wong, Secretary Office of the Kitsap County As,5cssor o euw. 614 Unison N ,, t . Uod 0,, hard. A'iW... ,m 48 566 • (200 87, 71D0 January 19, 1984 Mr. A. R. Comstock Park Shore Real Estate, Inc. 4235 S. E. Highway 160 Port Orchard, WA 98366 Dear Mr. Comstock: R. 4K3d'icn, "'LM CL)A Mtchacl f:nxtmm� Land 1. Urlon Adnmii�l r,d �r of This is to confirm that lots 6, 7, 8 and 9, Block 19 of the plat of Annapolis have now been segregated into two tax accounts per your request of December 21, 1983. The new accounts are as follows: 1. Account No. 4027-019-006-0005 (Lots 6 & 7) 2. Account No. 4027-019-008-0003 (Lots 8 & 9) Your requst indicated that you were acting as agent for Jack and Carol Baush and that their intent was to comply with a condition of approval of a rezone of one of the parcels. If I can be of further assistance, please contact me at the above address or phone number. Sincerely, � . C �zA Les E. Smith Cadastral Engineer st