HomeMy WebLinkAboutResolution 07-061-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
IN THE MATTER OF APPROVING
A REASONABLE USE EXCEPTION
ON A 4.14 -ACRE PARCEL IN THE
SE 1/4 OF SECTION 21, TOWNSHIP
19 NORTH, RANGE 27 EAST, WM,
GRANT COUNTY, WASHINGTON
RESOLUTION NO. 07-- 6 � / -CC
REASONABLE USE EXCEPTION
for
Charles Tudor
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 April 4, 2007, on the matter of granting a Reasonable Use Exception to Charles
Tudor to enable the construction of a shop and residential living quarters on a 4.14 -acre parcel
(#21-1312-001). in the Agriculture zoning district, and located in the southeast quarter of Section
21, Township 19 North, Range 27 East, Willamette Meridian, Grant County, Washington, and
WHEREAS, the Grant County Planning Commission on April 4, 2007 made a
recommendation to the Board of County Commissioners to approve this proposed Reasonable
Use Exception, and
WHEREAS, the Board of County Commissioners held a closed record public
hearing regarding this matter on May 15, 2007, and
WHEREAS, the Board of County Commissioners have made a decision to
uphold the recommendation to approve this proposed Reasonable Use Exception. and
WHEREAS, the Board of County Commissioners have found that this proposal
is consistent with the Grant County Comprehensive Plan, and
WHEREAS, the Board of County Commissioners have found that the public use
and interest will apparently be served by this proposed Reasonable Use Exception, and
WHEREAS, the Board of County Commissioners have found that this proposal
will not adversely effect the health, safety, and general welfare of the public in the vicinity of the
proposal,
IN THE MATTER OF APPROVING A REASONABLE
USE EXCEPTION FOR CHARLES TUDOR
NOW, THEREFORE, BE IT RESOLVED THAT the Board of County
Commissioners of Grant County, Washington hereby approve by this Resolution, that a
Reasonable Use Exception be granted to Charles Tudor to enable the construction of a shop and
residential living quarters on Parcel #21-1312-001, in the southeast quarter of Section 21,
Township 19 North, Range 27 East, Willamette Meridian, Grant County, Washington, subject to
the following nine (9) Conditions of Approval and six (6) Findings of Fact as recommended by
the Grant County Planning Commission.
CONDITIONS OF APPROVAL
1) Development shall be in compliance with the Growth Management Act, the countywide
Planning Policies, the Washington State Environmental 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) Development shall comply with all requirements of the Grant County Fire Marshal and
shall be in compliance with Grant County Fire Flow guidelines, the Uniform Building
Code, the Uniform Fire Code, and all other applicable requirements for fire protection
and safety.
3) This proposal shall comply with all requirements deemed necessary by the Washington
State Department of Health and the Washington State Department of Ecology in regards
to domestic water supply, sewage systems, and storm water control and treatment
including, but not limited to: RCW 90.48.080 (Discharge of Polluting Matter in Waters
Prohibited), WAC 173-200 (Ground Water Quality Standards), WAC 173-201-A
(Surface Water Quality Standards), and WAC 246-272 (On -Site Sewage Systems).
4) If any Native American grave site(s) or archaeologicaUcultural resources (Indian
artifacts) are found, all construction activity shall stop and the owner/developer shall
immediately notify the Grant County Planning Department, Colville Confederated
Tribes, and the Washington State Office of Archaeology and Historic Preservation.
5) The applicant shall comply with all requirements as deemed necessary by the Grant
County Health District, including, but not limited to:
a) The applicant shall contact the Health District for information regarding the
septic system permit.
6) The applicant shall comply with all requirements as deemed necessary by the Grant
County Public Works Department, including. but not limited to:
a) An Approach Permit shall be obtained prior to the issuance of a Building Permit.
Charles Tudor Reasonable Use Exception - BoCC Resolution - page 2
IN THE MATTER OF APPROVING A REASONABLE
USE EXCEPTION FOR CHARLES TUDOR
7) The applicant shall comply with all requirements as deemed necessary by the Quincy -
Columbia Basin Irrigation District, including, but not limited to:
a) The applicant shall obtain a permit from the Quincy -Columbia Basin Irrigation
District in order to use, or for any modification done within the right-of-way of
the W20 lateral.
b) If legal access is needed, the applicant shall contact the United States Bureau of
Reclamation.
8) The applicant shall comply with all requirements as deemed necessary by the Grant
County Planning Department, including, but not limited to:
a) Development shall comply with the requirements of GCC § 23.12 "Development
Standards" and all other pertinent portions of Grant County Code.
9) Approval of the requested Reasonable Use Exception shall be contingent upon
conformance with all applicable land use rules and regulations in effect at the time the
application was deemed Technically Complete; that date being February 15, 2007 in this
instance.
FINDINGS OF FACT
1. The application of 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 Dose 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.
Charles Tudor Reasonable Use Exception - BoCC Resolution - page 3
IN THE MATTER OF APPROVING A REASONABLE
USE EXCEPTION FOR CHARLES TUDOR
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.
EFFECTIVE DATE: Upon signature.
o
DATED this .06
day of _ 2007.
BOARD OF COUNTY
Yea Nay Abstain GRANT COUNTY, WASHINGTON
LeRoy C -. Allison, lairman
—94
Richard Stevens, Vice -Chairman
❑ Cindy Cartember
Constituting the Board of County Commissioners of Grant County, Washington
Charles Tudor Reasonable Use Exception - BoCC Resolution - page 4