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HomeMy WebLinkAboutResolution 05-279-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington RESOLUTION IN THE MATTER OF RESOLUTION No. 05- X79 -CC APPROVING A REASONABLE USE EXCEPTION, FROM SILVESTRE GONZALEZ JR., TO ALLOW THE PLACEMENT OF A MANUFACTURED HOME FOR RESIDENTIAL USE ON A Reasonable Use Exception 3.92 -ACRE PARCEL IN THE RURAL For Silvestre Gonzalez Jr. RESIDENTIAL -1 (RR1) ZONE. THE SUBJECT SITE IS LOCATED IN S 24, T 19N, R 27E, WM. GRANT COUNTY, WA. 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 July 6, 2005, and then continued on August 3, 2005, on the matter of granting a Reasonable Use Exception to Silvestre Gonzalez to allow the residential development of a 3.92 -acre parcel in the Rural Residential -1 Zone of Grant County The subject parcel No 16-1477-000 is located in a portion of S 24, T 19 North, and R 27 East Willamette Meridian, Grant County, Washington; and WHEREAS, the Grant County Planning Commission on August 3, 2005 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 September 13, 2005; 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. Page 1 of 4 CONDITIONS OF APPROVAL: 1) 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. 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 -20 1 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 (Indian 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) The developer must comply with all applicable requirements of the Grant County Health District; including but not limited to, contact the Health District for information regarding installation of a septic system. 6) The developer must comply with all applicable requirements of the United States Department of the Interior, including but not limited to, the Bureau of Reclamation retains flowage casements within the southeast quarter (SEI/4) of Section 24, Township 19 North, Range 27 East, Willamette Meridian. Mr. Gonzalez should be aware that rising ground water levels often follow development of an irrigation project Reclamation cannot be held liable for damage to Mr. Gonzalez's facilities if the water table should rise due to Project operations. 7) The developer must comply with all applicable requirements of the Grant County Public Works Department; including but not limited to, an approach permit must be obtained prior to the issuance of a building permit. 8) Pursuant to GCC 23 04 the developer must comply with the directive of code enforcement 9) Reasonable Use Exception approval shall be contingent upon conformance with all applicable land use rules and i egulations in effect as of June 28, 2005. Page 2 of FINDINGS OF FACT The Board of County Commissioners consider and found to be consistent the following findings of fact in making their decision: 1. The application of UDC chapter 23.04 Zoning Districts would/would not) deny all economically viable or beneficial uses of the property, absent a demonstration by the county that the proposed use(s) are prohibited by the laws of nuisance or other pre- existing limits on the property which prohibit such use(s). 2. There (are/are not) other reasonable uses to which the property can be put. 3. The proposed use or development (poses/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/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. 5. The use exception being soughtis/is not) the minimum necessary to allow for reasonable uses of the property. 6. Such use exception being sought is/is not) 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 conditions, a Reasonable Use Exception granted to Sdvestre Gonzalez to allow the residential development of a 3.92acre parcel No 16-1477-000, in the Rural Residential -1 Zone located in a portion of S 24, T 19 North, R 27 East, Willamette Meridian, Grant County, Washington. EFFECTIVE DATE: Upon signature DATED this day of S u4 2005. Page 3 of 4 BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANTCCOUNTY, WASHINGTON g,❑ [1z `— �Z LeRoy C. Allison, Chair ❑ ❑ D 1 CGc'y c Deborah Kay Moore, Member ❑ ❑ Richard Stevens, Member Page 4 of 4