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HomeMy WebLinkAboutResolution 04-009-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington RESOLUTION IN THE MATTER OF RESOLUTION No. 04- 0(gq -CC APPROVING A REASONABLE USE EXCEPTION FOR THE ALLOWANCE OF A SINGLE FAMILY HOME ON A SUB -STANDARD LOT. THE SUBJECT SITE IS LOCATED IN SECTION 34, TOWNSHIP 21 NORTH, RANGE 26, EAST, WM. GRANT COUNTY, WA Reasonable Use Exception For Clayton Massey 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 December 3, 2003 on the matter of granting a Reasonable Use Exception to Clayton Massey to allow the residential development of a 4.5 -acre parcel in the Rural Residential 1 Zone of Grant County. The subject parcel (#16-0913-008) is located in a portion of Section 34, Township 21 North, and Range 26 East Willamette Meridian, Grant County, Washington; and WHEREAS, the Grant County Planning Commission on December 3, 2003 made a recommendation to the Board of County Commissioners to approve this proposed Reasonable Use Exception; and WHEREAS, the Grant County Board of County Commissioners held a closed record public hearing regarding this matter on Januaryl2, 2004; 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 affect the health, safety, and general welfare of the public in the vicinity of the proposal. CONDITIONS OF APPROVAL: Development shall be in compliance with the Washington State Environment Policy Act, the Grant County Comprehensive Plan, the Grant County Unified Development Code, and all applicable local, state, and federal regulations, rulings or requirements. Page 1 of 3 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 173-201 A, 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 (Artifacts) are found all construction activity shall stop and the owner/developer shall immediately notify the Colville Confederated Tribes and the Washington State Office of Archaeology and Historic Preservation. 5. Reasonable Use Exception approval shall be contingent upon conformance with all applicable land use rules and regulations in effect as of October 24, 2003. 6. Development shall comply with the requirements of the Grant County Health District; including but not limited to: a. A site registration with the Health District to determine the restrictions for septic system installation will be required when the building permit is applied for. 7. Development shall comply with the requirements of the Grant County Public Works Department; including but not limited to: a. An access permit is required prior to the issuance of a building permit. 8. Development shall comply with the requirements of the Grant County Emergency Services Department; including but not limited to: a. Address will need to be posted at driveway access. 9. The applicant shall demonstrate that a legal easement of (24) feet has been granted for ingress and egress to this parcel. FINDINGS OF FACT The Board of County Commissioners consider and found to be consistent the following findings of fact in making their decision: 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 Page 2 of 3 proposed use(s) are prohibited by the laws of nuisance or other pre-existing limits on the property which prohibit such use(s). There (are not) other reasonable uses to which the property can be put. 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 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. The use exception being sought (is) the minimum necessary to allow for reasonable uses of the property. 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. 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 Clayton Massey to allow the residential development of a 4.5 acre parcel, #16-0913-008, in the Rural Residential 1 Zone located in a portion of Section 34, Township 21 North, Range 26 East, Willamette Meridian, Grant County, Washington. EFFECTIVE DAT//E: Upon signature DATED this 2o,,'' day of January 2004. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON El LeRoy . Allison, Chair ATTEST: El ❑ E] 4Ly�C- _ Deborah Kay Moore, Member Clerk of the Board 0 El e dS'Znc—ad,_4e_crW_ Page 3 of 3