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HomeMy WebLinkAboutResolution 07-156-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington IN THE MATTER OF APPROVING A REASONABLE USE EXCEPTION ON A 2.38-ACRE PARCEL IN THE NE 1/a OF SECTION 04, TOWNSHIP 20 NORTH, RANGE 24 EAST, WM, GRANT COUNTY, WASHINGTON RESOLUTION NO. 07- r�l� -CC REASONABLE USE EXCEPTION for Carl & Mickie Yeates 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 October 3, 2007, on the matter of granting a Reasonable Use Exception to Carl & Micicie Yeates to enable the construction of a residential living quarters on a 2.38�acre parcel (#15-1135-000), in the Agriculture zoning district, and located in the a portion of the NE 1/a of S. 04, T. 20 N, R. 24 E., W.M., Grant County, Washington. WHEREAS, tha Grant County Planning Coirunission on October 3, 2007 made a recommendation to the Board of County Commissioneis to approve this proposed Reasonable Use Exception, and WHEREAS, the Board of County Commissioners held a closed record public hearing regarding this matter on November 06, 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 llave found that this proposal is consistent with the Grant County Comprehensive Plan, and WHEREAS, the Board of County Cominissioners have found that the public usa and interest will apparently be served by this proposed Reasonable Use Exception, and WHEI2EAS, 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, NOW, THEREFORE, BE IT RESOLVED THAT the Board of County Coinmissioners of Grant County, Washington hereby approve by this Resohition, that a Reasonable Use Exception b•e granted to Carl & Micicie Yeates to en�ble the construction of a residential living quarters on Parcel #15-1135-000, located in the NE 1/a of S. O1, 'T. 20 N, R. 24 E., W.M., Grant County, Washington, subject to the following eight (8) Conditions of Approval and six (6) Findings of I'act as recormnended by the Grant County Planning Commission. IN THE MATTER OF APPROVING A R�ASONABLE USE EXCEPTION FOR CARL & MICICIE YEATES CONDITIONS OF APPROVAL 1) Development shall be in coinpliance with the Washington State Environment Policy Act, the Grant County Compreheilsive Plan, the Grant Cotulty 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 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. 3) 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. 4) 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 iinmediately notify the Colville Confederated Tribes and the Washington State Of�ce of Archaeology and Historic Preservation. 5) The applicant inust comply with the xequirements of the Grant County Health District; including but not limited to: A) A site registration to determine the suitability for septic system installation has not been completed for this property. Contact the Health District regarding obtaining a septic system permit. 6) The applicant must comply with the requirements of the Grant County Public Worlcs Department; including but not limited to: A) An approach permit must be obtained prior to the issuance of a building permit. B) The applicant appears to be using the USBR canal road as a means of accessing the subject parcel. The applicant must obtain a written form of permission from the USBR for using their canal road and provide a copy to Public Worlcs along with the Approach Permit, 7) The applicant rnust comply with the requirements of the U.S. Bureau of Reclamation; including but not limited to: A) Mr. and Mrs. Yeates should also be made aware that this parcel is located within the Quincy Ground Water Subarea (QGWSA). Should they desire to use ground water for other than domestic purposes (5,000 gals. Per day/irrigation of'/2 acre per dwelling, as established in WAC 173-134A), they will be required to obtain both a Ground Water Permit from the Washington State Department of ecology and a QGWSA license from the Bureau of Reclaination. Carl & Micicie Yeates Reasonable Use Exception - BoCC Resolution - page 2 IN THE MATTER OF APPROVING A 12EASONABLE US� EXCEPTION I+OR CARL & MICICIE YEAT�S 8) Reasonable Use Exception approval shall be contingent upon conformance with all applicable land use rules and regulations in effect as of August 22, 2007. 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 ttse(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 oithe 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. The use exception being sought is the miniinum necessary to allow for reasonable uses of the property. 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. DATED this � day o� �% , 2007. Yea Nay � ❑ @' ❑ � ❑ BOARD OF COUNTY COMMISSIONERS Abstain GRANT COUNTY, WASHIN TON � * ❑ � I Le oy C. Allison, Chairman , � ❑ Ric ard Stevens, Vice-Chairman �,�.,�1/l!� � Cindy Carte , Meinber Constituting the Board of County Commissioners of Grant County, Washington Carl & Mickie Yeates Relsouable Use �xception - BoCC Resolution - page 3