HomeMy WebLinkAboutResolution 97-038-CC�
RESOLUTION OF GRANT COUNTY 97-3�-cc
BOARD OF COl�IlVIISSIONERS
WHEREAS, on September 5, 1995, it came to the attention of the Grant County
Board of Commissioners that numerous segregations of land into new 1ots, or spinoff parcels
of land to create new lots, occurred in the past which could violate general state laws relat�g
to the division of land, as well as the Grant County Short Plat Ordinance, Long P1at
Ordinance, and Zoning Ordinance;
WHEREAS, on September 5, 1995, the Board of County Commissioners instructed
all Grant County Departments, offices, subdivisions and employees that no division of land
could occur without compliance with the generallaws of the State of Washington and all
local ordinances;
WfiEREAS, the Board of County Commissioners received guidance conf'uming the
invaliditq of certain past land use practices relating to 1ot segregations or spin-offs;
WHEREAS, the Sta.te of Washington Growth Management Hearings Board for
Eastern Washington, in Case No. 96-1-0008, instructed Grant County to take various steps to
provide notice to the public that certain parcels or lots previously segregated or spun-off have
a"questionable" status as to whether building or other land use permits could be issued for
their development because previously subdivided or segregated in a manner which is not in
conformance with the general laws of the State of Washington and Grant County land use
regulations, including its Short Plat, Long Plat, and Zoning Code and the Commissioners
having provided such notice in numerous ways;
WHEREAS, the Board of Commissioners received a recommendation from legal
counsel to adopt guidelines for use by Grant County officials, departments and employees �
order to determine whether building/development permits can be issued for parcels whose
status is "questionable"; .
WHEREAS, the Board reviewed the procedures and guidelines suggesteci by le�al
counsel;
WHEREAS, the public will benefit from the adoption of guidelines which can be
expeditiously applied to determine if building/development permits can be issued for any
parcel or lot whose status is "questionable" as to its prior subdivision or segregation;
NOW, THF,F.I�FORE, the Board of Grant County Commissioners HEREBY
ADOPTS the following guidelines and procedures which, once issued, will apply to the
Office of the Grant County Prosecutor, the Building Department, and the Planning
Department and any other departments, subdivisions or employees of Grant County in ierrns
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of determining if a building permit, development application or other request for a land use
approval received. for a pazcel whose status is "questionable" can be issued:
1. Those lots or parcels shown on the Grant County Assessor's records of less
than 40 acres outside of existing City or Town limits or outside of established interim urban
growth areas ("NGAs") will be deemed "questionable," and subject to further analysis.
2. Any and a11 previous lot segregation or spin-off for any parcel or lot whose
status is "questionable" will not be grandfathered or otherwise validated by blanket approval
to constitute legal lots of record for which building permit or other development applications
can be routinely processed or approved.
3. If a"questionable" lot, tract or parcel meets current zoning requirements,
incl�adi��g ctarrent ?ot s�ze req�air��ents, any �izaldir�b permit �r �ther �avel�pm�nt ��plic�iioa�
will be routinely processed for approval.
4. If a'°questionable" lot, tract or parcel is less than the current lot size
requirement of the applicable zoning ordinance, a copy of the building permit/land use
application will be forwarded to the Civil Deputy, Prosecuting Attorney's Office, by the
Planning Department. The Planning Department sha11 request of the Prosecuting Attomey an
analysis and a legal opinion as to whether the lot, tract or parcel conforms with local and
State law.
5. The Building Official shall notify the applicant that no building permit or other
land use approval can be issued for a"questionable" parcel pending review by the Office of
Prosecuting Attorney, as requested by the Planning Departmenta
6. Upon receipt of an analysis and opinion from the Prosecuting Attorney's
Office, the Planning Department will forward a Notice of Conformance or Noncomformance
to the Building Official. If a Notice of Conformance is issued, the application for building
permits or other land development permit shall issue if the proposal otherwise meets all
requirements of the Grant County Zoning Ordinance and other applicable land use or
environmental laws.
7. Any lot, tract or parcel must be in conformance with cunent density
requirements for the zone in which it is located and no building permit request or application
for a development or other land use approval will issue unless a variance to amend a lot size
has been approved, in advance, by the Board of Adjustment. This provision should be
narrowly construed and not act as a waiver of any of the published standards required to
grant a variance to minimum lot sizes.
8. These policies do not apply to building permits for primary structures ar�d lots,
tracts or pazcels which conform to outright current land use regulations, including previous
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8. These policies do not apply to building permits for primary structures and lots,
tracts or parcels which conform to outright current land use regulations, including previous
or current conforming divisions of land taken pursuant to the Grant County Zoning Code,
section V(B)(8) and section V(B)(10) for properties located in the agricultural zone.
9. These policies do not amend or alter the requirements of the Grant County
Short P1at Ordinance or Long Plat Ordinance. Any "questionable" lot segregation or spiri-off
may be validated by compliance with e�sting plat requirements.
10. The Office of Prosecuting Attorney is authorized to require of applicants for a
building permit or other land use approval for a"questionable" parcel or lot information
regarding the history of the division of the parcel or lot, its prior use, and details of its
purchase or sa1e, and other relevant information, under oath or by declaration provided
subject to the pain of penalty for perjury under the laws of' the state of Washington.
11. The guidelines developed by the Off'ice of Prosecuting Attorney for analysis o�
"questionable lots" and whether to issue building and development permits for such lots,
tracts and pa�cels subdivided contrary to the generallaws of the State and/or Grant County
land use ordinances, are hereby adopted as the policy of the Board of Commissioners.
Because these guidelines relate to %led, anticipated or possible future litigation, the Board of
County Commissionexs deems such guidelines subject to the attorney-client privilege and
nothing herein in this Resolution shall be deemed to waive the attorneyeclient privilegeo
by the Board of County Commissioners of Grant County, �Nashuigton�
this � - y of March, 1997.
BOARD OF COUNTY COMIVIISSIONERS
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Leroy Allj� on, Chai.rma.n
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Helen Fancher, Member
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.Attest:
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Peggy ' g, Clerk of Board
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County
Ofiice of Prosecuting Attoxney
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