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HomeMy WebLinkAboutResolution 07-051-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington IN THE MATTER OF APPROVING A REASONABLE USE EXCEPTION ON A 2.93 -ACRE PARCEL IN THE SW 'A OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 26 EAST, WM, GRANT COUNTY, WASHINGTON RESOLUTION NO. 07- 01T_ / -CC REASONABLE USE EXCEPTION for Stephen C. Madsen WHEREAS, the Board of County Commissioners of Grant County have been advised by the Grant County Planning Commission that an open record public hearing was conducted on March 7, 2007, on the matter of granting a Reasonable Use Exception to Stephen C. Madsen to enable the construction of a single-family residence on a 2.93 -acre parcel (the pending consolidation of Parcels #16-0723-000, #16-0728-000, and #16-0728-001), in the Rural Residential 1 zoning district, and located in the southwest quarter of Section 2, Township 21 North, Range 26 East, Willamette Meridian, Grant County, Washington, and WHEREAS, the Grant County Planning Commission on March 7, 2007 made a recommendation to the Board of County Commissioners to approve this proposed Reasonable Use Exception, and WHEREAS, the Board of County Commissioners held a closed record public hearing regarding this matter on April 23, 2007, and WHEREAS, the Board of County Commissioners have made a decision to uphold the recommendation to approve this proposed Reasonable Use Exception, and WHEREAS, the Board of County Commissioners have found that this proposal is consistent with the Grant County Comprehensive Plan, and WHEREAS, the Board of County Commissioners have found that the public use and interest will apparently be served by this proposed Reasonable Use Exception, and WHEREAS, the Board of County Commissioners have found that this proposal will not adversely effect the health, safety, and general welfare of the public in the vicinity of the proposal. V i IN THE MATTER OF APPROVING A REASONABLE USE EXCEPTION FOR STEPHEN C. MADSEN NOW, THEREFORE, BE IT RESOLVED THAT the Board of County Commissioners of Grant County, Washington hereby approve by this Resolution, that a Reasonable Use Exception be granted to Stephen C. Madsen to enable the construction of a single-family residence on (a parcel to be created by the pending consolidation of) Parcels #16- 0723-000, 416-0728-000, and #16-0728-001, in the southwest quarter of Section 2, Township 21 North, Range 26 East, Willamette Meridian, Grant County, Washington, subject to the following nine (9) Conditions of Approval and six (6) Findings of Fact as recommended by the Grant County Planning Commission. CONDITIONS OF APPROVAL 1) Development shall be in compliance with the Growth Management Act, the countywide Planning Policies, the Washington State Environmental 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) Development shall comply with all requirements of the Grant County Fire Marshal and shall be in compliance with Grant County Fire Flow guidelines, the Uniform Building Code, the Uniform Fire Code, and all other applicable requirements for fire protection and safety. 3) This proposal shall comply with all requirements deemed necessary by the Washington State Department of Health and the Washington State Department of Ecology in regards to domestic water supply, sewage systems, and storm water control and treatment including, but not limited to: RCW 90.48.080 (Discharge of Polluting Matter in Waters Prohibited), WAC 173-200 (Ground Water Quality Standards), WAC 173-201-A (Surface Water Quality Standards), and WAC 246-272 (On -Site Sewage Systems). 4) If any Native American grave site(s) or archaeologicallcultural 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. 5) The applicant shall comply with all requirements as deemed necessary by the Grant County Health District, including, but not limited to: a) Contact the Health District regarding requirements to obtain a permit for installation of a septic system. 6) The applicant shall comply with all requirements as deemed necessary by the Grant County Public Works Department, including, but not limited to: Stephen C Madsen Reasonable Use Exception - BoCC Resolution - page 2 IN THE MATTER OF APPROVING A REASONABLE USE EXCEPTION FOR STEPHEN C. MADSEN a) An Approach Permit must be obtained prior to the issuance of a building permit. 7) The applicant shall comply with all requirements as deemed necessary by the WA State Department of Transportation, including, but not limited to limited to: a) Proposed direct access to the subject parcel shall come from Road B NW. b) Pursuant to WAC 468-52-040, the minimum distance for corner clearance shall be a distance of 230 feet. 8) The applicant shall comply with all requirements as deemed necessary by the Grant County Planning Department, including, but not limited to: a) Development shall comply with the requirements of GCC § 23.12 "Development Standards" and all other pertinent portions of Grant County Code. 9) Approval of the requested Reasonable Use Exception shall be contingent upon conformance with all applicable land use rules and regulations in effect at the time the application was deemed Technically Complete; that date being January 24, 2007 in this instance. FINDINGS OF FACT 1. 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 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 not other reasonable uses to which the property can be put. 3. The proposed use or development does not Dose 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. Stephen C Madsen Reasonable Use Exception - BoCC Resolution - page 3 IN THE MATTER OF APPROVING A REASONABLE USE EXCEPTION FOR STEPHEN C. MADSEN 5. 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. EFFECTIVE DATE: Upon signature. DATED this AAdayof 2007. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WAS INGTON ❑ ❑ LeRoy llison, MvAfffian TEST: � ❑ ❑ o / Rtchard Stevens��, Vice -Chairman l e of the oar ❑ ❑ Cindy Cart n Member Constituting the Board of County Commissioners of Grant County, Washington Stephen C. Madsen Reasonable Use Exception - BoCC Resolution - page 4