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HomeMy WebLinkAboutResolution 02-105-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON IN THE MATTER OF APPROVING } RESOLUTION APPROVING A A REASONABLE USE EXCEPTION } REASONABLE USE EXCEPTION TO ALLOW CONSTRUCTION OF A ) DUPLEX ON A 15,874 SQ. FT. LOT IN } RESOLUTION NO. 2002 -105 -CC THE RURAL RESIDENTIAL -2 ZONE. } SUBJECT SITE LOCATED IN SEC. 3, } TOWNSHIP 18 N, RANGE 28 E. WM } WHEREAS, the Board of County Commissioners of Grant County have been advised by the Grant County Planning Commission that an open record public hearing was conducted on June 5, 2002, on the matter of approving a Reasonable Use Exception, for construction of a duplex on a 15,874 square foot lot, in the Rural Residential -2 zone, located on lot 4 of the Grey Gull Short Plat on Goodrich Road in a portion of Section 3, Township 18 North, Range 28 East, Willamette Meridian, Grant County, Washington; and WHEREAS, the Grant County Planning Commission on June 5, 2002 made a recommendation to the Board of County Commissioners to approve this proposed Reasonable Use Exception with the seven (7) suggested Conditions of Approval and six (6) Findings of Fact as prepared by the planning staff; and WHEREAS, the Grant County Board of Commissioners held a closed record public meeting on July 8, 2002 in the Commissioners Hearing Room of the Courthouse; and WHEREAS, the Board of County Commissioners have found that the public use and interest will apparently be served by the Reasonable Use Exception; and WHEREAS, the Board of County Commissioners have concluded that the Reasonable Use Exception conforms to the general purpose of the Comprehensive Plan, and the Grant County Unified Development Code, and WHEREAS, the Board of County Commissioners have found that appropriate provisions for drainage, roads, alleys, utilities, public ways, water supplies, sanitary wastes, parks, playgrounds, fire protection facilities, school sites and grounds and other public and private facilities and improvements have been made: and WHEREAS, the Board of County Commissioners have found that the Reasonable Use Exception conforms to the Criteria of Approval identified in Section 23.04.170 of the Grant County Unified Development Code; and Johnson Estate Reasonable Use Exception Ping. File #k 02-3364 Page 2 of 3 Johnson Estate Reasonable Use Exception Resolution # 2002 -105 -CC WHEREAS, the Board of County Commissioners have made a decision to uphold the Planning Commission's recommendation to approve the proposed Reasonable Use Exception request. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners for Grant County, Washington hereby approve the Johnson Estate Reasonable Use Exception for construction of a duplex on a 15,874 square foot lot, in the Rural Residential -2 zone, located on lot 4 of the Grey Gull Short Plat on Goodrich Road in a portion of Section 3, Township 18 North, Range 28 East, Willamette Meridian, Grant County, Washington, subject to the following seven (7) Conditions of Approval and based on the six (6) Findings of Fact as recommended by the Planning Commission. CONDITIONS OFAPPROVAL: 1) Development shall be in compliance with the Washington State Environment Policy Act, the Grant County Comprehensive Plan, the Grant County Unified Development Code, and all applicable local, state, and federal regulations, rulings or requirements. 2) Proposal shall comply with all requirements deemed necessary by the Grant County Health District; including, preparation of a detailed description of the lot showing the location of buildings, drive ways, septic system components, and the replacement drainfield area. 3) Proposal shall comply with all requirements deemed necessary by the Washington State Department of Health, and the Washington State Department of Ecology regarding domestic water supply, sewage systems and storm water control and treatment including, but not limited to; RCW 90.48.080 Discharge of Polluting Water Prohibited; WAC 173-201, Surface Water Standards; WAC 173-201A, Ground Water Quality Standards; and, WAC 246-272, On -Site Sewage Systems. 4) Proposal shall comply with all requirements of the Grant County Fire Marshal and shall comply with the Grant County Fire Flow Guidelines, the Uniform Building Code, Uniform Fire Code and all other applicable requirements for fire protection and life safety. 5) Development shall comply with any conditions imposed by the Grant County Public Works Department. 6) If any Native American Grave site(s) or archaeological/cultural resources (Indian Artifacts) are found all construction activity shall stop and the owner/developer shall immediately notify the Colville Confederated Tribes and the Washington State Office of Archaeology and Historic Preservation Johnson Estate Reasonable Use Exception Ping. File # 02-3364 Page 3 of 3 Johnson Estate Reasonable Use Exception Resolution # 2002 -105 -CC 7) Reasonable Use Exception approval shall be contingent upon conformance with all applicable land use rules and regulations in effect as of May 16, 2002. FINDINGS OF FACT: 1) The application of the UDC chapter 23.04 Zoning Districts would deny all economically viable or beneficial uses of the property, absent a demonstration by the county that the proposed use(s) are prohibited by the laws of nuisance or other pre- existing limits on the property which prohibit such use(s). 2) There are not other reasonable uses to which the property can be put. 3) The proposed use or development does not pose an unreasonable threat to the harm sought to be avoided by the application of this Chapter or the public health, safety or welfare on or off the site for which the reasonable use exception is sought. 4) The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line thereby creating the un -developable condition after the effective date of this chapter. 5) The use exception being sought is the minimum necessary to allow for reasonable uses of the property. 6) Such use exception being sought is consistent with the general purposes of this chapter and other chapters of the GCC and the public interest. Done this(_ day of 2002. y Coratissionerl,eRoy Allison Commissioner, Tim Snead Commissioner, Deborah Moore ATTEST: Peggy Grigg, 4k& of the Boa Constituting the Board of County Commissioners of Grant County, Washington Johnson Estate Reasonable Use Exception Ping. File # 02-3364