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HomeMy WebLinkAboutResolution 03-002-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON IN THE MATTER OF APPLICATION FOR A REASONABLE USE EXCEPTION THE SUBJECT PROPOSAL IS LOCATED IN A PORTION OF SECTION 31, TOWNSHIP 18 NORTH, RANGE 29 EWM, GRANT COUNTY, WASHINGTON. RESOLUTION NO. 2003 -002 -CC RESOLUTION APPROVING A REASONABLE USE EXCEPTION LAWRENCE E. TUDOR WHEREAS, the Board of County Commissioners of Grant County has been advised by the Grant County Planning Commission that an open record public hearing was conducted on November 6, 2002, on the matter of granting a Reasonable Use Exception to Lawrence E. Tudor to allow the residential development of a 2.05 -acre parcel in the Agricultural Zone of Grant County. The subject parcel (#19-0930-008) is located in a portion of Section 31, Township 18 North, and Range 29 East Willamette Meridian, Grant County, Washington; and, WHEREAS, the Grant County Planning Commission on November 6, 2002 made a recommendation to the Board of County Commissioners to approve this proposed Reasonable Use Exception; and, WHEREAS, the Grant County Board of Commissioners held a closed record public hearing regarding this matter on December 3, 2002; and, WHEREAS, the Board of County Commissioners has made a decision to uphold the recommendation to approve the proposed Reasonable Use Exception; and, WHEREAS, the Board of County Commissioners has found that the proposal is consistent with the Grant County Comprehensive Plan; and, WHEREAS, the Board of County Commissioners has found that the public use and interest will be served by the Reasonable Use Exception; and, WHEREAS, the Board of County Commissioners has found that the proposal will not adversely effect the health, safety, and general welfare of the public in the vicinity of the proposal. Page I of BoCC Closed Record Public llearmg Resolution ruder Reacnnahle the G+renhnn file H0I-3450 IN THE MATTER OF GRANTING REASONABLE LAWRENCE E. TUDOR USE EXCEPTION TO: NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners for Grant County, Washington approve by this Resolution and subject to the following conditions, a Reasonable Use Exception granted to Lawrence E. Tudor to allow the residential development of a 2.05 acre parcel, in the Agricultural Zone which is located in a portion of Section 31, Township 18 North, Range 29 East, Willamette Meridian, Grant County, Washington. CONDITIONS: 1) Development shall he in compliance with the, Washington State Environmental Policy Act, Grant County Comprehensive Plan, Grant County Unified Development Code, and all applicable local, state, and federal regulations, rulings or requirements. 2) Developer shall comply with all requirements deemed necessary by the Grant County Health District, 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: RC W 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) 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 Grant County Planning Department, Colville Confederated Tribes and the Washington State Office of Archaeology and Historic Preservation. 4) Development shall comply with all applicable requirements of the Grant County Fire Flow guidelines and the Uniform Building Code and Uniform Fire Code. 5) Development shall comply with all improvements required by the Grant County Public Works Department including, but not limited to: a) An approach permit is required prior to the issuance of a building permit. 6) Development shall comply with all applicable requirements of the Bureau of Reclamation, including but not limited to: a) Structures are prohibited from encroaching upon existing right-of-way corridors without prior approval by the Bureau of Reclamation and the Irrigation District. Page 2 of 4 noCC Closed Record Public I fearing Resolution Tudor Reaannahl, TN, I ecce um file R07-7450 7) Approval of the reasonable use exception shall be contingent upon conformances with all applicable land use rules and regulations in effect at the time the application was deemed to be "technically complete", October 4, 2002. 8) The Board of County Commissioners may issue, as part of the findings in any decision made under this Subsection, conditions of approval, including modifications to the size and placement of structures and facilities to minimize nonconformity to the requirements of this chapter and other chapters of the GCC. 9) Pursuant to GCC 23.04.080(d) the applicant must sign a statement acknowledging the right to farm in surrounding agricultural lands. FINDINGS OF FACT 1. The application of this Chapter (would) deny all economically viable or beneficial uses of the property. 2. There (are not) other reasonable uses to which the property can be put. 3. The proposed use or development (is not) 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 undevelopeable condition after the effective date of this chapter. 5. The use exception being sought (is) the minimum necessary to allow for reasonable use of the property. 6. The exception being sought (is) consistent with the general purposes of this chapter and other chapters of the GCC and the public interest. 7. The applicant (has not) requested and been denied a variance under the provisions of GCC § 25.08, unless the reasonable use exception being sought includes relief from standards for which a variance cannot be granted. 8. The Board of County Commissioners (has) issued, as part of the findings in this decision, conditions of approval. 9. The issuance of this Reasonable Use Exception (will not) adversely impact farming activities in the surrounding area. Page 3 of 4 noCC Closed Record Public Hearing Resolution 9 udor Reacnnnhlc I ke Pxcenlion file NO2-3450 IN THE MATTER OF GRANTING A REASONABLE LAWRENCE E. TUDOR USE EXCEPTION TO: PASSED AND ADOPTED this — day of f, vtS,tN 2003 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Ayes Nayes ❑' ❑ �'"a DeborahKay Moo , hair ❑ e/ ,// / Leroy C. Allison, ember Tim Snead, em er ATTEST: Clerk of the Board PUBLISHED:_/_/_; Page 4 of 4 BoCC Closed Record Public Hearing Resolution 'Pndnr Rcalonable I lie larenhnn file #02-3450