HomeMy WebLinkAboutCorrespondence - BOCC (002)January 11, 2022
Grant County Commissioners
c/o Barbara Vasquez, Clerk of the Board
P.O. Box 37
Ephrata, WA 98823
RE: 2021 Annual Report
Dear Commissioners:
Attorneys
Andrew L. Kottkarnp
Nicholas A. Yedinak
Sean R. Esworthy
Zack Goytowski
Russell Lytle
Enclosed is the Land Use Hearing Examiner's annual report for 2021.
If there are any questions or concerns, please feel free to contact me at your earliest
convenience.
ALK-*tp
Encl
Cc: Damien Hooper
Sincerely,
KOTTKAMP,, YEDINAK, & ESWORTHY,, P.L.L.C.
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Andrew L. Kottkamp
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Toll -Free 866-441-1444 1 Local 509-667-8667 1 Fax 509-667-8837
GRANT COUNTY LAND USE HEARING EXAMINER
2021 ANNUAL REPORT
I. INTRODUCTION
Grant County has utilized a Land Use Hearing Examiner for many years. I have
been serving as the Grant County Land Use Hearing Examiner since December, 2004-.
My current contract with Grant County automatically renews every two years, but is
subject to termination at any time.
The Grant County Code requires the Hearing Examiner to report, in writing, to the
Board of Commissioners at least once per year. The purpose of this report is to review the
administration of the County's land use policies and regulating resolutions., as well as
reporting on the number and type of decisions rendered since the prior report.
This report is on all actions from January 1, 2021, through December 31, 2021.
During this time there were 12 decisions.
11. ANALYSIS
Conditional Use Permits
P20-0419 — Thomas. This was an application for a Conditional Use Permit to allow a
Transient Residence for the short-term rental and occupation of the property by persons
other than the primary owners related to an existing single-family residence pursuant to
Grant County Code 23.08.220(c). Maximum occupation will be 8 persons. There were no
planned structure alterations though this proposal. Zoning is Shoreline Development 4
(SD4). This residence contains a residential fire sprinkler system. At the open record
public hearing, Denise Thomas, the Applicant and owner of the property testified. No
members of the public testified. After review of the entire file, the Hearing Examiner
approved the CUP subject to two conditions of approval with subparts.
P20-0197 - Rafter Y Auction Co LLC. This applicant proposed to establish an
agricultural/heavy equipment storage and sales facility on a 15 -acre vacant parcel.
Activity would include the construction of an approximately 6,000 sq. ft. office and
storage building, security fencing and associated signage. The parcel is located in the Rural
Freeway Commercial (RFC) Zoning District of Grant County. An open record public
hearing was held and the entire Planning Department file was reviewed. The Hearing
Examiner approved the CUP subject to two Conditions of Approval with subparts.
2021 GRANT COUNTY LAND USE HEARING EXAMINER
ANNUAL REPORT
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P 20-0036 and P 20-0037 - WW Pumping Service. This was an application for a
Conditional Use Permit and SEPA Checklist for the establishment of a Septage Material
-
Land Application and Holding Lagoon Site. The total site is 1,110 acres of which
approximately 345 acres will be utilized for land application of septage materials. The
proposal also contained two storage lagoons that will have capacity of one (1) million
gallons each. The project site is located at approximately 4 miles northwest of the city of
Quincy. In the vicinity of Baird Springs Rd NW. This Conditional Use Permit application
is for the establishment of a land application and lagoon holding ponds for septage
materials sources from portable restrooms, residential septic systems and non-residential
locations with septic systems containing untreated septage material. This operation will
not be introducing treated sludge from sewerage system treatment facilities either public
municipal or private. The lagoons will be lined to prevent leaching into the soil. The
holding lagoons will be utilized to hold septage materials when conditions do not allow for
the land application of materials as they arrive at the location. An open record public
hearing was held in which two members of the public testified with concerns about odors
and septage leaking into the soil. The Hearing Examiner reviewed the entire Planning-
Department
lanningDepartment file and approved the project subject to 23 conditions of approval.
P 21-0176 — J5 Infrastructure - This was an application for a Conditional Use Permit and
SEPA checklist to allow the development of a Wireless Communication Facility (WCF) on
an approximately 4.78 acre parcel. Said WCF included a 100 -ft. tall (105 ft.. overall
height) Monopole Wireless Facility, associated antennas, and ground -level support
equipment within a leased 50 -ft. x 50 -ft. fence compound. The Applicant was J5
Infrastructure Partners (AT & T), and their agent was Wil Phinney. The land owners are
Richard and Carol Byrd, 14636 Dodson Rd NW, Ephrata, WA 98823. The site address of
the subject parcel is 14636 Dodson Rd NW, Ephrata, WA 98823. After review of the
entire staff file, an open record public hearing was held and the CUP was approved subject
to two Conditions of Approval with subparts.
CUP21-0207 Central Terminals, LLC. This was an application for a Conditional Use
Permit and SEPA checklist to allow a surface mining operation that encompasses 190 -,16 -
acres. The operation would involve the extraction of sand and gravel, crushing operations,
concrete batch operations and hot mix asphalt operations. Approximately 7,124,411 cubic
yards of material will be processed. The Applicant was Central Terminals LLC, Bob
Fancher, PO Box 850, Moses Lake, WA 98837 and the subject parcel is located at 2498
Mae Valley Road, NE. After review of the entire staff file, an open record public hearing
,was held and the CUP was approved subject to 19 Conditions of Approval.
CUP 19-0379 and P 19-0380 Kissler Enterprises, Inc. This was a Conditional Use
Permit and SEPA checklist to allow the expansion of a surface mine and extraction
operation for diatomaceous earth. Approximately two million cubic yards of material were
estimated to be removed from this site which is a 41.3 acre portion of a larger 320 acres
parcel. The zoning is Agriculture. The site address of the subject parcel is currently
unassigned. The site location would be in the 7400 block of Beverly Burke Road SW.
2021 GRANT COUNTY LAND USE BEARING EXAMINER
ANNUAL REPORT
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After review of the entire staff file,, an open record public hearing was held and the CUP
was approved subject to 12 Conditions of Approval.
Variances
P20-0353 - Rafter Y Auction Co LLC. This was a permit for a variance to the 6,000
square foot gross floor area for the Rural Freeway Commercial (RFC) Zoning District.
The applicant requested to construct a 10,000 square foot office and storage building on a
15 -acre vacant parcel. The parcel is located in the Rural Freeway Commercial ( R F Q -
Zoning District of Grant County. The Applicant was Rafter Y Auction Co LLC, PO Box
1098, Moses Lake, WA 98837. The site address of the subject parcel is located at 12566 W
North Frontage Rd, Moses Lake WA 98837. At the open record public hearing, three
persons testified on behalf of the applicant. After review of the entire file, the Hearing
Examiner denied the variance due to the fact that the proposal would not conform to the
criteria for approval of a variance as specified in GCC25.08.060(b).
P20-0421— Dinius. This was a permit for a variance to the 5 -foot side yard (north lot
line) setback from the adjoining property for the construction of a driveway carport. The
structure would encroach five (5) feet into the side yard setback creating a zero lot line
setback. The site is located in the Sunland Estates community at 1140 River Drive SW,
Quincy, WA 98848. At the open record public hearing, John Dinius, the Applicant and
property owner testified. No members of the public testified. After review of the entire
planning department file, the Hearing Examiner denied the variance, because it would not
be in harmony with the intent and spirit of GCC Titles, 22, 23, and 24. The Applicant also
did not prove that the variance satisfied all the criteria in GCUDV 25.08.060(b).
P20-0062 — Selmann. This was an application for a variance to the 5 foot side -yard
setback requirement as defined by GCC§ 23.12, Table 3, to allow a zero foot side -yard
setback in order to subdivide a lot with an existing duplex on an approximately 23,289 sq.
ft. parcel in the Urban Residential 3 Zoning District of Grant County. After review of the
entire Planning Department file, and an open record public hearing, where no member of
the public testified, the variance was approved subject to two conditions of approval with
subparts.
Subdivisions
P 21-0097 (Subdivision) - Lakeshores West LLC. This was a subdivision of one (1)
existing parcel (37.10 acres) into nine (9) lots in the Urban Residential 2 zoning district of
Grant County, Seven (7) lots will have residential capacities, one lot Will be for the
locating of the well, and one remainder lot that will continue to be farmed. The Applicant
was Pat Carrol, Lakeshores West LLC, 16419 West 40th Place, Lynnwood, WA 98037.
The designated contact was Columbia NW Engineering. The project site is located at the
intersection of Valley Road NE and County Road 4.2 NE in Cascade Valley approximately
250 feet south of the Moses Lake City Limits. After review of the entire Planning
2021 GRANT COUNTY LAND USE HEARING EXAMINER
ANNUAL REPORT
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Department file, and an open record public hearing, where no member of the public
testified,, the subdivision was approved subject to seven Conditions of Approval with
subparts.
P 21-0123 (Subdivision) - Reffett. This was an application for a subdivision of one (1)
existing parcel (94.90 acres) into nine (9) lots in the Rural Residential I zoning district of
Grant County. Eight (8) lots will have residential capacities, one lot will be the open space
lot with no residential capacity. The Applicant was Tyler Reffett, and the
project site is located in the northeast comer of the intersection of County Road M. NE and
County Road 4 NE approximately one mile northeast of the Moses Lake Municipal
Airport. After an open record public hearing where the entire planning staff file was
reviewed, this proposed subdivision was approved subject to seven Conditions of
Approval.
P 21-0296 Lakes I LLC. This was an application for a modification (Subdivision/Replat)
of twenty (20) existing lots and the creation of five (5) new lots within the 'The Lakes'
development at Cave B (Columbia River Reserve development) in a Master Planned
Resort zoning district of Grant County. The lots will be for residential/lodging
development. The Applicant was Lakes 1 LLC, Gorge Capitol LLC, MDJ Contractors
LLC, Familigia LLC. The project site is located on Gorge View Loop NW, Quincy,
Washington within the Cave B development community adjacent and south of The Gorge
Amphitheater. After an open record public hearing where the entire planning staff file was
reviewed, this proposed subdivision was approved subject to five Conditions of Approval
with subparts.
111, CONCLUSION
I have been serving as the full time Hearing Examiner for Grant County since 2005.
Throughout this year I have never been requested to remove myself as a Hearing
Examiner, nor have been required to remove myself as a Hearing Examiner due to any
conflict of interest/appearance of fairness issues.
Hearings have been held, and evidence gathered in an orderly fashion. Written
decisions have been rendered on a timely basis. While I do not know whether any of my
decisions from this year have been appealed, I do know that none of my decisions have
been returned to me from any higher court.
I would invite each of you to attend a hearing. You will find that I consider it an
important part of my duty to allow all members of the public to present the evidence and
testimony they wish to be included into the record, so long as it is consistent with the laws
as set forth in this state.
In 2021, I served as Hearing Examiner for Kittitas County, Douglas County,
Chelan County, Garfield County, Columbia County, Whitman County, Klickitat County,
2021 GRANT COUNTY LAND USE BEARING EXAMINER
ANNUAL REPORT
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City of Chelan, City of Mattawa, City of Wenatchee, City of Entiat, City of
East Wenatchee, City of Leavenworth, City of Cashmere, Town of Coulee City, City of
Grand Coulee, City of Kittitas, City of Rock Island, Town of Waterville, City of Quincy,
Town of Waterville and City of Bridgeport, City of Walla Walla, City of Newcastle, City
of Pasco, City of Spokane Valley, and the City of Dayton. I also serve as Hearing
Examiner for Chelan -Douglas Health District.
I I would like to commend Damien Hooper and the entire Grant County Planning
Department and staff for their professionalism in the preparation and presentation of their
staff reports and their conduct at hearings. Their neir diligence and hard work make my'j ob
easier as they present the application materials and preliminary evidence in a succinct and
easily comprehensible format. It allows me to do my job on a more efficient basis which
saves the County money. They are always prepared and always professional at hearings.
In short, you have a Planning Department of which the entire County can be proud.
In summary, the Hearing Examiner process continues to be successfully
implemented in Grant County.
Respectfully submitted this 11P day of January, 2022.
GRANT COUNTY LAND USE HEARING EXAMINER
I�rew L4.Kttkamp
2021 GRANT COUNTY LAND USE ]HEARING EXAMINER
ANNUAL REPORT
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