HomeMy WebLinkAbout517 E. 4th Street 517 E 411 Street CUP 07-07
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W A S H I N G T 0 N, U. S. A.
COMMUNITY & ECONomic DEVELOPMENT DEPARTMENT
TO: Planning Commission
FROM: Scott K. Jol-ins ic;7 FILE
DATE: November 14, 2007
RE: Conditional Use Permit - CUP 07-07
APPLICANT: John Rickenbacher
OWNER: Same
LOCATION: 517 E. 4"' Street, Port Angeles
REQUEST: Accessory Residential Unit in the RS-7 Residential Single Family
zone
RECOMMENDATION
The Planning Division recommends that the Planning Commission Deny CUP 07-07
citing 10 findings and 5 conclusions in support of that action as listed in Attachment A to this
staff report.
EXISTING CONDITIONS IN AREA
The subject property is located on 4th Street between Albert Street and the Peabody
Creek Ravine. Nearby lots vary in size and dimension. The subject site measures 140' in depth
by 50' in width and is approximately 7,000 square feet in area. No environmentally sensitive
areas exist on the site, however, the site is in the vicinity of the Peabody Creek ravine. The site
is accessed from 4th Street, which is an improved local access street. Currently a single family
residence and an accessory structure are located on the site. The existing structure is non-
conforming to the.required front and side setbacks. The site is generally level. The application
and site maps are attached as Attachment C.
Development in the area consists predominately of single family residential structures.
At least on other ARU is located in the vicinity. The RS-7 zone is primarily intended for single
family residential development. The Peabody Creek ravine to the west and south is zoned Public
Buildings and Parks as is Webster Park, located 475 feet to the east. An ARU was approved at
616 East Fourth Street, which is one block west of the subject site. In that instance, a variance
was required for approval of the ARU because the unitwas established as the second floor of an
existing detached garage that was not built to support a residential structure, i.e., it did not
Rickenbacher—CUP 07-07
November 14,2007
Page 2
observe the setbacks required for a residential use. The required 20 foot setback was reduced to
10 feet and the minimum 7 foot side yard setback was allowed to remain as 2.5 feet.
AGENCY COMMENTS
City Departments reviewed the proposal and provided the following comments:
The Fire Department had no objections or comments.
The Public Works and Utilities Department will require:
-site parking spaces for a total of four (4) off
de an additional 2 on
*ro I parking spaces;
2. Separate electrical meters are required for each unit; and
The address for the second unit will be 517 1/2E. 4"' Street.
4. No second water meter is required for this CUP.
The Building Division of DCED
I. A building permit is required for the construction. Construction will be per
IRC requirements.
PUBLIC COMMENT
Notification of the proposed action was placed in the Peninsula Daily News on October
26, 2007, posted on the site, and mailed to property owners within 300 feet of the subject
property per Section 17.96.140 PAMC. The Department received comment letters from two
neighbors within the posted written comment period. The neighbors wrote that (1) the structure
does not observe setbacks for single family residential development at the present time and the
area is already "tight" in development; and (2) parking is at a minimum in this area and the
nei ghborhood character will be negatively impacted.
Comprehensive Plan
The Comprehensive Plan establishes the long range goals and policies of the City. Any
project proposed in the City must be consistent with the goals and policies of the Comprehensive
Plan. The Comprehensive Plan Land Use Map identifies the site as being in the North Central
Planning Area and designates the site as being in the imprecise margin between Low Density
Residential and Open Space. The Comprehensive Plan's policies have been reviewed with
regard to the proposed application and the policies identified in Attachment B to this staff report
are found to be the most relevant to the proposal. Single family residences and accessory
residential units are�legitimate components of district development. The proposal would allow
for a density that is in compliance with low density residential areas.
Zoning Ordinance
The Zoning Ordinance is the primary implementing ordinance for the Comprehensive
Plan. It establishes what types of uses are permitted in specific zones, definitions of uses, and
minimum design standards for such uses. Like the Comprehensive Plan, any project proposed in
the City must be consistent with the regulations of the zone in which it is located. The Zoning
Map identifies the subject property as RS-7 Residential Single Family. Surrounding properties
are predominately zoned RS-7 Residential Single Family with some nearby Public Building and
Parks zoning (Peabody Creek ravine) being as close as 70 feet to the south. Specific sections
applicable to accessory residential development in the RS-7 are listed below for reference.
Rickenbacher—CUP 07-07
November 14,2007
Page 3
Port Angeles Municipal Code (PAMC) Section 17.10.010 states the purpose of the RS-7
Zone as "a low density residential zone intended to create andpreserve urban singlejamily
residential neighborhoods consisting qfpredominantly singlefamily homes on standard
Townsite-size lots. Uses which are compatible with andfunctionally related to a singlefiamily
residential environment may also be located in this zone..."
Port Angeles Municipal Code (PAMC) Section 17.08.040(A) establishes that accessory
residential units are permitted in the RS-7 zone by conditional use permit. PAMC Section
17.08.01 O(B) defines an Accessory Residential Unit as "a dwelling unit which is incid(mla.l to a
detached single jamily residence, is subordinate in space (i.e.,fiftypercent or less space than the
single ftimily residential use), and is located on the same zoning lot as the single family
residence. An accessory residential unit is served by water and electrical service that is separate
fi-om the primary residential service and has a separate address."
PAMC Section 17.08.025(J) defines a dwelling unit as "one or more rooms which are
arranged, designed, or used cis living quarlersfOr onefamily only. Individual bathrooms are not
necessarilyprOvided, but complete single kitchen facilities, permanently installed, shall always
be included.for each dwelling unit."
STAFF ANALYSIS
As indicated in Table A below, the side and front setbacks of the existing structure do
not conform to present day regulations. No structural changes are proposed for the exterior of
the existing house as the proposed ARU is planned for the basement area of the structure. Even
though the existing structure is considered pre-existing non-conforming structure, the addition of
a residential unit is a new use and must therefore meet the required dimensional standards of the
site and zone.
TABLE A—RS-7 Development Standards
Required Existing/proposed
Minimum lot area 7,000 sq. ft. 7,000 sq. ft.
Minimum lot width 50' 50'
Minimum setbacks - Front/Rear 20' <175
Minimum side setbacks 7' <05
Maximum lot coverage 30% 22%
Per PAMC 17.11.040(A), an accessory residential unit (ARU) requires a conditional use
permit when proposed in a residential single family zone. An ARU may be no larger than 50%
the size of the primary unit. Public Works and Utilities Department would require separate
electric utility connections as a condition of approval. The total square footage of the existing
structure is 2,218 square feet. The proposed accessory residential unit would consist of a 600
square foot dwelling unit in the basement of the existing house. The single family residence
would then retain 1,200 square feet of livable space for the primary residence with the ARU
being 50% of the size of the primary residence.
PAMC 14.40.060(D) requires 2 off-street parking spaces for each residential unit for a
total of 4 off-street parking spaces. The site plan has denoted two parking spaces on the property
as well as a two car garage in order to satisfy this requirement for a minimum of 4 off street
parking spaces.
The proposal is not consistent with all the relevant sections of the Port Angeles Municipal
Code. Residential uses are required to meet minimum setbacks. The existing structure does not
Rickenbacher—CUP 07-07
November 14,2007
Page 4
meet the required front or side setback and an additional residential unit in a structure that does
not meet the required set back may not be approved. PAMC 17,96.050(C) requires that the
purpose of a conditional use shall assure that the maximum degree of compatibility between uses
shall be attained. The purpose of the zoning code as stated in PAMC 17.0 1.0 1 O(C) includes
regulation of the intensity of use of lots and to determine the spaces surrounding buildings that
are necessary to provide adequate light, air, privacy and access to property. PAMC 17.0 1.01 O(F)
further states that the purpose of the zoning code is to establish building lines and the location of
buildings designed for residential, commercial, manufacturing, pubic, or other uses within such
lines.
TABLE B —PROPOSED BUILDING STATISTICS
Primary Single Family Residence 1200 sq. ft. main floor
Accessory Residential Unit 600 sq. ft. basement
Total Living Space 1800 sq. ft.
Total Footprint 1025 sq. ft.
Lot Coverage 21.8 %
STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW AND COMPLIANCE
A Determination of Non-Significance was issued by the City's Responsible Official on
November 9, 2007, with regard to the proposal. This satisfies the City's responsibility under the
State Environmental Policy Act (SEPA).
Attachments: A -Conditions, Findings, and Conclusions
B -Zoning Ordinance, Comprehensive Plan, and Other Municipal Code References
C—Application, site plan, floor plans,and map.
ATTACHMENT A
FINDINGS, AND CONCLUSIONS IN SUPPORT OF DENIAL FOR
CUP 07-07 - Rickenbacher
Findings:
Based on the information provided in the Community and Economic Development Staff
Report for CUP 07-07 dated November 14, 2007, including all information in the public record
file, comments and testimony presented during the public hearing, the Plam-ling Commission
discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles
Planning Commission hereby finds that:
I John Rickenbacher submitted a conditional use permit application for an accessory
residential unit on October 3, 2007. The applicant owns the subject property that is
located at 517 E. 0' Street.
2. The proposed site is legally described as Lots 27 and 28, Block 65 of Puget Sound
Cooperative Colony, Townsite of Port Angeles.
3. The site is zoned Residential Single Family (RS-7) and is 7,000 sq. ft. in area.
Residential use setbacks in the RS-7 zone4 and 20 feet front and rear, and 7 feet sides.
The subject residential structure is 17 feet from the front property line and 0 feet from the
west side yard property line.
4. The Comprehensive Plan designates the site as Low Density Residential. Properties in
the general area are also designated as Low Density Residential with properties along
Peabody Creek also designated Open Space. The site is located in the City's North
Central Planning Area. Development in the neighborhood includes predominately single
family residential uses.
5. Per 17.96.050(A) PAMC, the Planning Commission shall consider applications for
conditional use permits as specified in the applicable Chapter of the Zoning Regulations.
The Planning Commission may grant said permits which are consistent and compatible
with the purpose of the zone in which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. In each application
the Planning Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property. Conditional uses shall be evaluated to determine if the
characteristics of the intended use as related to the specific proposed site would defeat the
purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions. The Planning Commission may refuse to issue a conditional use
permit if the characteristics of the intended use would defeat the purpose of the City's
zoning regulations.
Per PAMC 17.96.050(C), the purpose of a CUP shall be to assure that the maximum
degree of compatibility between uses shall be attained, The purpose of these regulation
shall be maintained with respect to the particular use of the particular site and in
consideration of other existing and potential uses within the general ar3ea in which such
use is to be located.
Rickenbacher—CUP 07-07
November 14,2007
Page 6
6. A development that is approved through the conditional use permit process must remain
in continual compliance with specific conditions of approval or may be revoked. A CUP
activity must comply with the regulations of the zone in which it is located.
7. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News on October 26, 2007. Public notice was mailed to property
owners within 300 feet of the subject property and the site was posted per Section
17.96.140 PAMC. Two comment letters were received as a result of the public notice
period that ended on November 7, 2007.
8. Approval of an ARU is a change in use. A change in use requires observance of
C)
development regulations including setbacks.
9. A Determination of Non-Significance was issued for the proposal on November 9, 2007.
10. The Plam-ling Commission conducted a public hearing on the proposal at the November
14, 2007, regular meeting.
Conclusions.-
Based on the information provided in the Department of Community and Economic
Development Staff Report for CUP 07-07 dated November 14, 2007, including all of the
information in the public record file, comments, and testimony presented during the public
hearing, the Planning Commission's discussion and deliberation, and the above listed conditions
of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes
that:
.1. The proposal is consistent with the intent of the Comprehensive Plan, specifically
with Land Use Element Goal A and Policies A.2 and C2; Housing Element A.6
and B.6; and Transportation Element Policy B.14.
2. The proposal is not consistent with requirements for approval of a conditional use
permit as specified in PAMC 17.96.050(A) as it defeats the purpose of the zoning
code, in the ability to protect the character and maintain the stability of residential
areas within the city and to regulate the intensity of use of lots and parcels of land,
and to determine the spaces surrounding buildings necessary to provide adequate
light, air, privacy, and access to property.
3. The City's responsibility under the State Environmental Policy Act in review of the
proposal has been satisfied.
4. The existing residential structure located on the site does not meet the requirement of
PAMC 17.10.050 regarding both the front setback and the side setback for the site.
ATTACHMENT B
COMPRE HENSIVE PLAN AND ZONING ORDINANCE INFORMATION
COMPREHENSIVE PLAN ELEMENTS
Residential Land Use Element
Policy A 2: All land use decisions and approvals made by the City Council and/or any of
its appointed Commissions, Boards or Committees should be consistent with the Comprehensive
Plan and its land use map.
Goal C: To have a community of viable districts and neighborhoods with a variety of
residential opportunities for personal interaction, fulfillment and enjoyment, attractive to people
of all ages, characteristics and interests.
Policy C 2: Residential land should be developed on the district and neighborhood
concept. Although such districts may be composed primarily of residential uses of a uniform
density, a healthy, viable district should be composed of residential uses of varying densities
which may be augmented by subordinate and compatible uses. Single family and multi-family
homes, parks and open-spaces, schools, churches, day care and residential services, home
occupations, and district shopping areas are all legitimate components of district development
and enhancement. A neighborhood should be primarily composed of low, medium, or high
density housing.
Housing Element
Policy B 6: Adequate low and moderate income housing opportunities should be
provided within the Port Angeles Planning Area.
ZONING ORDINANCE PROVISIONS
The Zoning Ordinance is the primary implementing ordinance for the Comprehensive
Plan, It establishes what types of uses are permitted and where they may be located in the City.
It also establishes definitions of uses, and minimum design standards for such uses. Like the
Comprehensive Plan, any project proposed in the City must be consistent with the regulations of
the zone in which it is located. The Zoning Map identifies the subject property as Residential
Single Faii-illy (RS-7).
The purpose and intent of the RS-7 zone is as follows:
"This is a lo-m) density residential zone intended to create andpreserve urban
singlefibinily residential neighborhoods consisting ofpredon7inantly singlefamily honles
on standard Townsite-size lots. Uses ivhich are compatible ivith andfunctionally related
to a singlefainily residential environnient tnay also be located in this zone. "
PAMC 17.96.050 (Conditional Use Permit) states that the Plam-ling Commission may
grant a conditional use permit approval which is: 1) consistent with the zone in which the
proposal is located; 2) consistent with the Comprehensive Plan; and 3) not contrary to the public
use and interest. Appropriate conditions may be made to ensure compliance with these criteria.
Denial of an application may be made should the proposed use defeat the purpose of the zone by
introducing incompatible, detrimental or hazardous conditions.
- PAMC 17.96.050 specifies procedures for the review and processing of conditional use
permit applications, as follows:
17.96.050 Conditional Use Permit
A. The Planning C0771777ission shall consider applicationsfbr Conditional Use
Perinits of uses as6peciflied in the applicable Chapter of the Zoning Regulations. The Planning-
Rickenbacher—CUP 07-07
November 14,2007
Page 8
Commission may grant saidpermils which are consistent and compatible with the purpose oj'the
zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the
public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit
if the characteristics qf'the intended use as related to the spec�fic proposed site are such as
would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental,
or hazardous conditions.
B. In each application the Planning Commission may impose whatever restrictions
or conditions they consider essential to protect the public health, safety, and welfare, and to
prevent depreciation of neighboring property.
C. Purpose of a Conditional Use Permit: The purpose of a Conditional Use Permit
shall be to assure that the maximum degree of compatibility between uses shall be attained. The
purpose of these regulations shall be maintained with respect to the particular use of the
particular site and in consideration of other existing and potential uses within the general area in
which such use is to be locate
7
APPLI CANT/O'"INER INFORMATION:
Applicant: .:TCV
Address: /Z I 2�O S7- j�cj?t,�
_1V6,tZi Daytirrie phone#: 360 1191 112 2
AlDplical-it'syepresentati�,e(ifotlici-tlaaiiapplicaiit):
Address: Da),t1mephone#:
property owner(if other than applicant):
Address: Daytimephone#:
PROPERTY INFORMATION:
Street address: 5 / 7 F S7- P16'r Z-t-S 96�3C2
Legal description: L 7-5 2 7 84 k 6 PYC-t-r -SOU/Vo Ccop COL51,11-Is S(-"6D Vf'Pj
Zoning: 5 7 — Comprehensive Plan designation. Lma D an;-w Y Rcs 19
Property dimensions: 57 0 >, /�O Property area(total square feet): 7
Oco
Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.): 1-4 4 T
PROPOSED USE INFORMATION:
Please describe the proposed conditional use:
(f O'Al V L aT11VG /9/V
C C E-_�,soR �),E
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Number of employees: Hours of operation: _1VA
Number of on-site park...9 spaces: 4i 0 14 L 0 1- /AT 76) .190D 2
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Building area (total square feet f fI area for the proposed activity): 1(90c)
S:
SIGNATURE
Applicant:
Jcerto;thai lofftheabovestatements are true andcomplete to the best ofin))Icnowledge andacknowledge
of i77f J have read this application in
that 14�j�ful n7iSMPMSentatiOn 07-Ination II)ill 10-172inate thiSPel-172it CIPPZiCaf'on'
its entireo�. and understand that 771Y Subn tal will be reviewedfor C0771pleteneSS. Iffound to be C0771PZele the
application will he schedule r the 71. ilable Planning Commission Meeting. Ifn0I COMPICte, when 7-equested
illf7 eqez.. e the a ion will be scheduledfor the next available Meeting.
o;-Ination has been 7,eC�ez
Signature Date IC)- 2- 2007
Ownerli other than applicant):
I am the owner of the subject prope7-0) identified herein and aPP7-0ve Of this application.
Signature Date
For Staff Use Only:
P ernut No
Appl. GDI_IIpICtC
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CITY OF PORT ANGELES'
ENVIRONMENTAL CHECKLIST
Purpose of Ch ec'kli sit.*_
The 'State Environmental Policy Act (SEPA), Chapter 43.21 C RCW, requires all governmental
agencies to consider the environmental impacts of-a proposal before making decisions.. An environmental
impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the
quality of the environment. The purpose of this checklist is to provide information.to help you and the agency
identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be.done).and
to help the agency decide whether an EIS is required.
Instructions for Applicants:
This. environmental checklist asks you to describe some basic information about your proposal.
Governmental agencies use this checklist to determine whether the environmental impacts of yourproposal
are significant. Answer the questions-briefly, with the most precise information known, or give the.best
description you can.
You must answer each question to the best of your knowledge. In most cases you should be able to
answer the questions from your own observations or project plans without the need to.hire experts. Ifyqureaily
do not know the answer,or if a question does not apply to your proposal,write"do not know"or"does not apply
(N/N'. Complete answers to the questions will avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark
designations. Answer these questions if you can. If you have problems please ask the City Department of
Community Development employees to assist you.
The checklist questions apply to all parts of your proposal, even if you plan to-phase them over a
period of time or on different parcels of land. Attach any additional information that will help descri be your
proposal or its environmental effects and include a site map.
BACKGROUND
1. Name of project: 7 f S'rRtt-r
A. Address or general location of site:
S / 7 P_ Iq t )OORT- /N6,6 41-5 UX 9&3C
2'. Name, address, and phone number of applicant: on C/ S-r 6 446 7
Z-64,) �J /2 / E '2 P0r7,4-,,qe1ej,.4/,4 VT 7
3. Name, address and phone number of contact person if other than applicant: N/A' .0-co)qc/ waz
'IVIA
4. Date checklist pregarep:
5. Agency requesting checklist: CITY OF PORT ANGELES
6. Proposed timing or schedule (including phasing, if applicable):
A. What is the long term objective of this proposal?
Co n v e rf S-/7 t 1/ f 7'cr -S 1.31C re-aden cc -ro cir okloley
B. How does this project relate to long-term plans?
Pro v/de s H e, p�yS�C C./ S�r V C&4 r- e AOC'S 0 Se
n e_ edij 7�, r an t on d o r e- C 0 co m er- /1-1
Ais or Xe-r t" rf 3 c4�e- )0 cy
Enviromnental Checklist EVALUATION FOR
Page 2 AGENCY USE
7. Do you have any plans for future additions, expansion, or further activity related to
or connected with this proposal? If yes, explain.
,dot ci-� -/4/�s
& List.any.environmental information.you know about-that has. beenprepared, o.rwill—..
be prepared, directly related to this proposal:
do 0-f /-,C,.w
9. Do you kn,ow whether applications are pending for governmental approvals.of other.
proposals directly affecting the property covered*by your proposal? NC,-
If yes, explain.
10. List any government approvals or permits that will be needed for your proposal, if
known. OW/1 0 A er- 14C4 Jn C1 Cd' C�,n /7 A e Oerr
Give bri6f,-complete-description of your proposal, including the proposed uses and
the 'size of the project and 'Site. There are several questions later in this checklist that.ask you
to describe certain aspects of your proposal. You do not need to repeat those answers on
this page. (Lead agencies,may,modify this form to-ihciude additional specific information on.
project description.)
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12. Location of the proposal. Give sufficient information for a person to understand the
precise location of your proposed project, including a street address, if any, and section,
township, and range, if known. If a proposal would occur over a range of area, provide the
range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and
topographic map, if reasonably available. While you should submit any plans required by the
agency, you are not required to duplicate maps or detailed plans submitted with any permit
applications related to this checklist. S--/ 7 6 '/,b 1,44 c�ff3C
LTS 27�29 SLA 6S* A-46E T so(-Mlo Co 0�p Co 4-o/s/�-'s 5.uao V; P I
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A c--6-e eo Loco De A3i'ly Re i
PROJECT SPECIFIC ACTIONS: Op en !�'p C,C e
Complete this section if your proposal involves a project'specific action such as.a
subdivision, new construction, a new or expanding business, a site specific rezone(not area
wide), a conditional use perm t, a shoreline permit, or similar action:
ENVIRONMENT
1 Earth
A. General description of the site (circle one):
(fg)rolfing, hilly, steep slopes, mountainous,
other
B. What is the steepest slope on the site (approximate percent slope)?
o(.,j e v e-r- 1, felap ad. rly 4e: m C,
dowo 5�e/a S /s norA
Environmental Checklist EVALUATION FOR
Page 3 AGENCY USE
C. What general types of soils are found on the site (for example, clay, sand,
gravel, peat, muck)? I'f you know the classification of agricultural soils, specify them and note
any prime farmland. C/C"J
D. Are there surface indications or history of unstable soils in the immediate
vicinity2 ...If..so,..describ-e.... IV.0.
E. Describe the purpose, type, and approximate quantities of any
Filling or grading proposed. Indicate source of fill:
"o //1 6&_ P L4 ttl,� ill 6 e
0 q 5-C_ -. 6 J r.r o/s 0 1- 4,y- V.S e C/ r-oc
F. Could erosion occur as a result of clearing, construction, or use? I f s o.,
ge nerally describe.
G. About what percent of the site will be covered with impervious surfaces after
project construction (for example, asphalt or buildings)?
7 1
Aouse 01 PIC/ 6 a r r, Q e, -.,-- J� .
. 4
rop 0S e CJ h e Li 'Parkl^ A�
H. Proposed measures to reduce or Aontrol erosion,or other impacts to the earth_
if any:
2. Air
A. What types of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, industrial wood smoke) during construction and when the project is
completed? If any, generally describe and give approximate quantities if known.
f) one
B. Are there any off-site sources of emissions or odor that may affect your
proposal? If so, generally describe.
A10
C.. Proposed measures to reduce or control emissions or other impacts to air, if
any h Oki 0-
3. Water
A. Surface:
L) Is there any.surface water body on or in the immediate vicinity of the site
(including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes,
describe type and provide names. If appropriate, state what stream or river it flows into,
A10
ii.) Will the project require any work over, in, or adjacent to (within 200 feet)
the described waters? If yes, please describe and attach available plans.
'ETiviromn&ntal Checklist EVALUATION FOR
Page 4 AGENCY USE
iii.) Estimate the amount of fill and dredge material that would be placed in
or removed from surface water or wetlands and indicate the area of the site that would be
affected. Indicate the source of fill material:
/Vqh a
iv.) Will the proposal require surface water withdrawals or diversions? Give
general description, purpose, and approximate quantities if known.
v.) Does the proposal lie within a 1 00-year floodplain? If so,.note location
on th e site plan. U,7 k4 ow I
vi.) Does the pro posal involve any discharges of waste materials to surface
waters? If so, describe the type of waste and anticipated volume of discharge.
Al C>
B. Ground:
i.) 'Will ground water be withdrawn, or will water be discharged to ground
water? Give general description, purpose, and approximate-quantities if known.
0 -4 e, A C, 01 f,j cj P_// -,Ao r A e- 4-0(,6e_ 7%,F
ii.) Describe waste material that will be discharged into the
Ground from septic tanks or other sources, if any(for example: Domestic sewage; industrial,
containing chemicals; agricultural wastes; etc.). Describe the general size of the system,the
number of such systems, the number of houses to be served (if applicable), or the number
of animals or humans the system(s) are expected to serve.
A10,0)
C. Water Runoff (including storm water):
i.) Describe the source of runoff (including storm water) and
method of collection and disposal, if any (include quantities, if known). Where will this water
flow? Will the water flow into other waters? If so, describe.
Re..I 0 71, 60L43e- alld :yar cl-e,ok7/Y - (4 S
i L) Could waste materials enter ground or surface waters? 3'A's /0
0fry W
If so, generally describe.
NO
D. Proposed measures to reduce or control surface, ground, and runoff water
impacts, if any:
4. Plants
A. Check or circle the type of vegetation found on the site:
deciduous tree: alder, maple, aspen, other
evergreen tree: fir, cedar, pine, other
shrubs
_jr grass
pasture
crop or grain
wet soil plants: cattail, buttercup, bullrush, skunk cabbage,
water plants: water lily, eelgrass, milfoil, other
Other types of vegetation
Envi ron-mental Checklist EVALUATION FOR
Page 5 AGENCY USE
B What kind and amount of vegetation will be removed or altered?
dooie_
C. Proposed landscaping, use of native plants, or other measures to preserve or
enhance vegetation on the site, if any.
r-u-ss .. on
5. Animals
A. Circle any birds and animals which have been observed on or n ear the site or
are known to be on or near the site:
Birds: hawk, heron, eagle, songbirds, other P)o n el
Mammals: deer, bear, elk, beaver, other t)0/2 e-
Fish: bass, salmon, trout, herring, shellfish, other
B. Threatened or endangered species known to be on or near the site.
//0
C. Is the site part of a migration route? If so, explain.
A/o 1akta&vn
D. Proposed asur to preserve or enhance wildlife, if any.
(a,V7 K,1
6. Energy and Natural Resources
A. What kinds of energy(electric, natural gas, oil,wood stove, solar)will be used
to meet the completed project's energy needs? Describe whether it will be used for heating,
manufacturing, etc. C,-fr C f 1/y 7r, r- X e-0
B. Would your project affect the potential use of solar energy by
-adjacent.prOperties? If so, generally describe.
A10
C. What kinds of energy conservation features are included in the
plans of this proposal? List other proposed measures to reduce or control energy impacts,
if any. 14 � /9'�
7. Environmental Health
A. -Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion,'spill, or hazardous waste, that could occur as a result of
this proposal? If so, describe. /10
i) Describe special emergency services that might be required.
ii) Proposed measures to reduce or control environment a[
health hazards, if any.
Aloo e-
B. Noise
i) What types of,noise exist in the area which may affect
your project (for example: traffic, equipment, operation, other)?
N0,1 e_
ii) What types and levels of noise would be created by or
associated with the project on a short-term or a long-term basis (for example: traffic,
construction, operation, other)? Indicate what hours noise would come from the site.
Environmental Checklist EVALUATION FOR
Page 6 AGENCY USE
iii) Proposed measures to reduce or control noise impacts, if any:
Alo I e-
8. Land and Shoreline Use
A. What.is the-current.use of.the-site and-adjacent,properties?
B. Has the site been used for agriculture? If so, describe.
C. Describe any structures on the site.
t>,,Istt�q festfoleoc_e� c�.no/ car
D. Will any structures be demolished? If so, what?
/Vol
E. What is the current zoning classification of the site?
RS 7
F. What is the current Comprehensive Plan designation of the site?
ffew1wker ,Y" -A e /"r r e C i..c-, M clryAl 4 ek-,e e ri /0 L-1 de 11 S./'/Y qp e on 9tc e
G. What is the current S horel ine.Master Program designation of the site?
U11 knowh
H. Has any part of the site been classified as an"environmentally sensitive"area?
'If so, specify.. -'CA, -ki 6 W t,
1. How many people would reside or work in the completed project?
2 r C,^1// r'0 J/b/a-c---f * ' -
J Approximately how many peop(e would the completed project
displace? Alo ii&-
K. Proposed measures to avoid or reduce displacement impacts,
if any: Non e-
L Proposed measures to ensure the proposal is compatible with
existing and projected land uses and plans, if any:
9. Housing
A. Approximately how many units would be provided, if any?
Indicate whether high, middle, or low-income housing.,
B. Approximately how many units, if any, would be eliminated?
Indicate whether high, middle, or low-income housing.
,Wo e)e,
C. Proposed measures to reduce or control housing impacts, if any.
/4/0 o
10. Aesthetics
A. What is the tallest height of any proposed structure(s),not including antennas;
what is the principal exterior bui Iding material(s) proposed? k
Z G f e e_-� - welo d
B. What views in the immediate vicinity would be altered or obstructed?
C. Proposed measures to reduce or control aesthetic impacts, if any.
h
11. Light and Glare
A. What type of light or glare will the proposal produce? What time of day would
it mainly occur? P)On if�
Environmental Checklist EVALUATION FOR
Page 7 AGENCY USE
B. Could light or glare from the finished project be a safety hazard
or interfere with views? 40
C. What existing off-site sources of light or glare may affect your
proposal? - - - .//&n-6 - - - - --,-*--- -1- — - ... -1 .. - .- . I
D. Proposed measures to reduce or control light and glare impacts,
if any.
12. Recreation
A. What designated and informal recreational opportunities are in
the immediate vicinity? A10,7e
B. Would the proposed project displace any existing recreational
uses? If so, describe. /V0,10- /A/(0
C. Proposed measures to reduce or control impacts on recreation,
including recreation opportunities to be provided by the project or applicant, if any.
done-
13. Historic and Cultural Preservation
A� Are there any places or objects listed on,or proposed for, national,state,
or local preservation registers known to be on or next to the site? If so, generally
describe: /Vo 611)
B. Generally describe any landmarks or evidence of historic,
archaeological, scientific, or cultural importance known to be on or next to the site.
NO,7e la',kno,,,,n
C. Proposed measures to reduce or control impacts, if any:
/Vo h e-
14. Transportation
A. Identify public streets and highways serving the site and describe
proposed access to the existing street system. Show on site plans, if any. r
fly qi4 S7- a,,o/ 34�'Sr
B. . Is site currently served by public transit? If not, what is the
approximate distance to the nearest transit stop?
vf) kjot4n.
C. How many parking spaces would the completed project have? How
many would the projecteliminate? 41
D. Will the proposal require any new roads or streets, or improvements to
existing roads or streets, not including driveways? If so,generally describe(indicate either
public or private). Ala
E. Will the project use (or occur in the immediate vicinity of)water, rail, or
air transportation? If so, generally describe.
F. How many vehicular trips per day would be generated by the completed
project? If known, indicate when peak volumes would occur.
an A*A0 W n
G. Proposed measures to reduce or control transportation impacts, if any.
Un known
Environmental Checklist EVALUATION FOR
Page 8 AGENCY USE
15. Public Services
A. Would the project result in an increased need for public services (for
example?: fire protection, police protection, health care, schools, other)? If so, generally
describe. U,1 kA0&,-),1
B. Proposed measures to reduce or control direct impacts on public
services, if any. Ul k &IJ
16. Utilities
A. Circle utilities currently available at the site: (�ele�ct�icity natural gas,
(water �efu—se�—serVi�cte e�phone�sani�tase�we septic system, other.
B. Describethe utilities that are proposedforthe project,the utility providing
the service, and the general construction activities on the site or in the immediate vicinity
which might be needed. 411 Ae, ct� cl&d c4ov(2,
17. Economics
A. Ifthe proposal will result in expansion of an existing business, please
describe the nature of the expansion: (e.g_ additional land and/or buildings, new
equipment, new employees).
B. If the proposal is the creation of a new business, please describe
(e.g., re-use of an existing building and site, construction of a new building).
N1,4
C. Describe if the proposal is the first of its type in the community, or what
the similar uses are. cw o i Is c�lrerdy e>,-/'s7 * / ' Al�
k)el'�4 4,vr�ooc/
D. How many people will the proposal provide employment for at its
completion and what types of jobs will be created (e.g., sales clerks, factory workers,
etc.)? (Jobs created by the construction of the proposal should be reported separately.)
Alo,)e-
E. Where will the materials,goods or services utilized by.the proposal come
from? /�A
F. Where will the goods or services produced by the proposal be utilized?.
1U114
G. Who will utilize the goods or services produced by the proposal?
IV/4
H. Will the proposal alter the tax assessments of the area?
klowA
Enviromnental Checklist EVALUATION FOR
Page 9 AGENCY USE
ENDANGERED SPECIES ACT (ESA) INFORMATION
A. LISTED SPECIES
If ESA listed species (salmon, trout, and chars, e.g. bull trout) are present or
ever were present in the watershed where your project will be located, your project
has the potential for affecting them, and you need to comply with the ESA. The questions
in this section will help determine if the ESA listin s will impact your project, Within the
9
City of Port A ngeles, the watershed is the Port Angeles Harbor.
Are ESA listed sal lonids currently present in the watershed in which your
I on
project will be: Yes _. X No
�_J
Has tp6r_e_�ve"r been an ESA listed salmonid stock present in this watershed,:
Yes X No Uncertain
Plea Vsed escri be-Puciet Sound Chinook,Salmon, Strait of Juan de Fuca
summer chum salmon, and bull trout are listed as threatened species in the Elwha
River, Morse Creek, and the Strait of Juan de Fuca including Port Ang- eles Harbor..
If you answered "yes"to either of the above questions, you should complete the
remainder of this section. If not, skip to Non Project Action Section Page 13]
Name of watershed- Port Angeles Regional Watershed (Elwha Morseh.
2. Name of nearest waterbody Pec.,LvdV Cre-e-k
_J
3. -What is the distance from this proj ect to the nearest body of water?.
(Often a buffer between the project and a stream can reduce the chance of a
negative impact to fish.) Uti kl e win
4. What is the current land use between the project and the potentially
affected water body (parking lot, farmland, etc.)? Rest'
5. . Istheprojectabovea: ( ) natural permanent barrier (waterfall) natural
temporary barrier (beaver pond); ( ) man made barrier (culvert, dam); ( ) other,
(explain) U,1 k A OWA
'6 If you ch ecked any of the items listed in the above question #5, are
there any resident sal T,onid populations above the blockage? Yes,#No ��IZ
Don't know A/A
7. What percent of the project will be impervious surface (including
pavement and roof area)? /7,. / %
B. FISH MIGRATION: The following questions will help determine if this project
could interfere with migration of adult and juvenile fish. (Both increases and
decreases to water flow can affect fish migration.)
Envirom-nental Checklist EVALUATION FOR
Page 10 AGENCY USE
1 Does the project require the withdrawal of:
Surface water? Name of surface water body
Ground water? AIV Amount— N111
From where? A DepAb of well N 1,4
2. Will any water be rerouted? NO
3.. Will there be retention ponds? *0
If yes, will this be an infiltration pond or a surface discharge to either a.
municipal storm-water system or a surface water body? A//�
If a surface water discharge, name of waterbody Al'14
4. Will new roads be required? 4/0 (Increased road mileage -
may affect the timing of water reaching a stream and may impact fish habitat.)
5. Are culverts proposed as part of the project? A/0
6. Will topography changes affect the duration/direction of runoff flows?
If yes, describe:
7. Will the project involve any reduction of the floodway or floodplain by
filling or other partial blockage Of flows? WO If yes, how will the loss of flood
storage be mitigated by your project?
C. WATER QUALITY.
1 Do you know of any problems with water quality in any of the streams
within this watershed? If so, describe A/0
2. Will y our project reduce or increase shade along or over a waterbody?
/V0
3. - Will. the project increase nutrient loading or have the potential to
increase nutrient loading or contaminants (fertilizers, other waste discharges, or
runoff) to the waterbody? all A A 0 W
4. Will turbidity be increased because of the project activities?_Q'� k,?ow,
5. Will your project require long term maintenance, i.e., bridge cleaning,
highway salting, chemical sprays for vegetation management, clearing of parking
lots? A/b
D. VEGETATION
1. Will the project involve the removal of any vegetation from stream
banks?
2. If any vegetation is removed, do you plan to replant?
Envirom-nental Checklist EVALUATION FOR
Page 11 AGENCY USE
NON-PROJECT SPECIFIC ACTIONS:
.Complete this section only ifyourproposal involves a non-project specific
action such as a Comprehensive Plan Amendment, Zoning Code Amendment,
b-ar6a)-drothergimilar action:
area-'wide rezon'e (City-wi e or arge su
When answering these questions be aware of to what extent the proposal
or the types of activities likely to result from the proposal would affect the item at
a greater intensity or at a faster rate than if the proposal were not implemented.
Respond briefly and in general terms.
1 How.would the proposal be likely to increase discharge to water;
emissions to air; production, storage, or release of toxic or hazardous substances;
or production of noise? 1411�
Proposed measures to avoiq or reduce such increases:
N111
2. How would the proposal be likely to affect plants, animals, fish,
or marine life?
/V//,
Proposed measures to protect or conserve plants, animals, fish,
or marine life:
.3. How would the proposal be likely to deplete energy or natural
resources? N1,4
Proposed measures to con7erve energy and natural resources:
N �J I -
4. How would the proposal be likely to use or affect environmentally
sensitive areas or areas designated (oreligible or under study) for governmenta
protection; such as parks, wilderness, Wild and scenic rivers, threatened or.
endangered.species habitat, historic or cultural sites, wetlands, floodplains, or
prime farmlands?
Proposed measures to protect such resources or to avoid or reduce
impacts:
A114
5. How would the proposal be likely to affect land and shoreline use,
including whether it would allow or encourage land or shoreline uses incompatible
with existing plans?
IVA
Proposed measures to avoid or reduce shoreland and land use impacts:
A114
EVALUATION FOR
'Environmental Checklist AGENCY USE
Page 12
6. Howwouldthe proposal be likelyto increasedemands on transportation
or public services and utilities?
a'i k'i 0'-j
Proposed measures to reduceor respond-to-such demand(s):
I'VIA
7. Identify, if possible, whether the proposal may conflict with local, state,
or federal laws or requirements for the protection of the environment.
U 4 kn o c-j#,
1,the undersigned,state t to the best of my knowledge,the above information is true and
complete. It is understood that the I agency may withdraw any declaration of nonsignificance that
it might issue in re ian pon t is list should there be anywiliful misrepresentation orwiliful lack
�l
o 7
f full disclosure 0 &-art.
SIGNED: 4 77 3 (;o I z/-�- 7- 0 467
DATE: 0 2007 — PHONE: 390/ 46/1 - cell
OR, NGELES
W ASH IN G T 0 �N,; U. S. 'A.
Community,& Economic Development Department
November.28,2007
Mr. John Rickenbacher
121 E. 2 nd Street
Port Angeles, WA 98362
RE: Conditional Use Permit CUP OT-07
.517 E. 4'h Street
' Dear John:
As you know, following.a.public hearing conducted on November 14 2007, the
Plai-inin Cominission denied your-application to establish an accessory residential-unit
... .g . m . .
within,a nonconforming residential structure in,the RS-7 Residential Single Family zone.
As we'discussed in!the office following the action, persons aggrieved bya decision of the
Planning Commission may file.an-appeal to the Cit ' Council within 14 days of the date.of
y
the decisiom
Please don't hesitate to contact this officein the event you have any questions
regarding the decision.
Sincerely,
Sue Roberd?
Planning Manager
cc: Building Division Files
Publi;c Works and Utilities
..........
Phone: 360-417-4750 Fax: 360-417-4711
Website: www.cityofpa.us/Email: smartgrowth@cityofpa.us
321 East Fifth Street- P.O. Box 1150 Port Angeles, WA 98362-0217
0 Affidavit of Publication is
In the Superior Court of the State of Washington for Clallarn/Jefferson County.
Peninsula Daily News
CITY OF PORT ANGELES
LEGAL ACCT/CITY CLERK C TY F PORT ANGELES
a st
PO BOX 1150 321 E Fifth Street
Port Angeles,WA 98362
PORT ANGELES, WA 98362-0217 NOTICE OF DECISION ,
NOTICE IS HEREBY GIVEN
that 0 n November 14,
2007, the Port Angeles
Planning Commission took
the following actions:
1. DENIAL of an accessory
res idential unit in the RS-7
Reference: 4900481 zone at 517 East 4th
Street;
3591394 Notice of decision 2.APPROVAL of an accesso-'
ry residential unit in the RS-
7 zone at 338 East Whidby
Avenue;and
3, Recommendel APPRO-
VAL of the Campbell Avenue
Planned Residential Devel-
opment.
For further information,
please contact Sue Ro-
The undersigned being first duly sworn on oath, deposes and herds, Planning Manager,
says. Department of.Community&
Economic Development,
That she/he is authorized to and does make this affidavit for and 321 East Fifth Street, Port
on behalf of Peninsula Daily News, a corporation, and that the Angeles, Washington, (360)
417-4750.
following statements of fact are within her/his personal and Pub:Dec.2,2007
actual knowledge.
That said corporation is the owner and publisher of the
Peninsula Daily News published in Clallam/Jefferson Counties,
and had been approved as a legal newspaper by order of the
Superior Court of said Clal lam/Jefferson County of the State Of
Washington.
That the annexed is a true copy of a legal insertion as it was
published in regular issues (and not in the supplement form) of
said newspaper was regularly distributed to its subscribers
during all of said period. The publishing date cited is the last
day of publication.
0�4 R S
0
Z'
1 Insertion �n Pub PDN on 12/2/07 co o'T A Rk
06/0512011 Z
C)
-A pUB \
7
N
% Or W"5X\
///Z
----- -----------2--- -- --- ...ao
Sworn to me on this 3rd day of December 2007
NO TAR Y PUBLIC
Notary Public in and for the State of Washington residing in Port Angeles.
Peninsula Daily News P.O. Box 1330 Port Angeles, WA 98362
Planning Commission Minutes-Novembe � !007
Page
CONDITIONAL USE PERMIT - CUP 07-07- RICKENBACHER, 517 East
Fourth Street: Request for an accessory residential unit (ARU) in the RS-7
Residential Single Family zone.
Associate Planner Scott Johns summarized staff's report recommending demial of the
conditional use permit as the structure in which it is proposed is nonconforining with regard to
setbacks.
Planning Manager Sue Roberds responded to questions with regard to the City's Public
Works and Utilities Departmental recommendation that separate utilities not be required if the
accessory unit is approved. Mrs. Roberds indicated that, although the City's zoning ordinance
requires separate utilities, the recommendation is acknowledgement that the cost of separating
utilities when adding an accessory unit to an existing single family structure would be excessive
and, in most cases, would stifle such development. Staff is aware that the City's policies are in
support of accessory residential structures as long as development requirements are met. Chair
Beier opened the public hearing.
Jesse Rickenbacher, 2422 South Peabody Street noted that several other residential
properties in the neighborhood contain separate accessory residential units detached from the
primary residential use. He didn't believe that the proposed use in the basement area of the
existing residence would be obtrusive.
There being no further testimony, Chair Beier closed the public hearing.
Following brief discussion, Commissioner Reiss moved to deny the conditional use
permit application citing the following findings and conclusions:
Findings:
Based on the inforruation provided in the Community and Economic Development Staff Report
for CUP 07-07 dated November 14, 2007, including all information in the public record file,
comments and.testimony presented during the public hearing, the Planning Commission
discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles
Planning Commission hereby finds that:
I John Rickenbacher submitted a conditional use permit application for an
accessory residential unit on October 3, 2007. The applicant owns the subject
property that is located at 517 E. 4" Street.
2. The proposed site is legally described as Lots 27 and 28, Block 65 of Puget Sound
Cooperative Colony, Townsite of Port Angeles.
3. The site is zoned Residential Single Family(RS-7) and is 7,000 sq. ft. in area.
Residential use setbacks in the RS-7 zone4 and 20 feet front and rear, and 7 feet
sides. The subject residential structure is 17 feet from the front property line and
0 feet from the west side yard property line.
4. The Comprehensive Plan designates the site as Low Density Residential.
Properties in the general area are also designated as Low Density Residential with
properties along Peabody Creek also designated Open Space. The site is located
in the City's North Central Planning Area. Development in the neighborhood
includes predominately single family residential uses.
5. Per 17.96.050(A) PAMC, the Planning Commission shall consider applications
for conditional use pen-nits as specified in the applicable Chapter of the Zoning
Regulations. The Planning Commission may grant said permits which are
consistent and compatible with the purpose of the zone in which the use is
located, consistent with the Comprehensive Plan, and not contrary to the public
use and interest. In each application the Planning Commission may impose
whatever restrictions or conditions are considered essential to protect the public
health, safety, welfare, and to prevent depreciation of neighboring property.
Conditional uses shall be evaluated to determine if the characteristics of the
intended use as related to the specific proposed site would defeat the purpose of
the City's Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions. The Planning Commission may refuse to issue a
conditional use permit if the characteristics of the intended use would defeat the
purpose of the City's zoning regulations. Per PAMC 17.96.050(C), the purpose of
a CUP shall be to assure that the maximum degree of compatibility between uses
shall be attained. The purpose of these regulations shall be maintained with
respect to the particular use of the particular site and in consideration of other
existing and potential uses within the general area in which such use is to be
located.
6. A development that is approved through the conditional use pennit process must
remain in continual compliance with specific conditions of approval or may be
revoked. A CUP activity must comply with the regulations of the zone in which
it is located.
7. Notification of the proposed action and conditional use permit application was
placed in the Peninsula Daily News on October 26, 2007. Public notice was
mailed to property owners within 300 feet of the subject property and'the site was
posted per Section 17.96.140 PAMC. Two comment letters were received as a
result of the public notice period that ended on November 7, 2007.
8. Approval of an ARU is a change in use. A change in use requires observance of
development regulations including setbacks.
9. A Determination of Non-Significance was issued for the proposal on November
9, 2007.
10. The Planning Commission conducted a public hearing on the proposal at the
November 14, 2007, regular meeting
Conclusions:
Based on the information provided in the Department of Community and Economic
Development Staff Report for CUP 07-07 dated November 14, 2007, including all of the
infonnation in the public record file, comments, and testimony presented during the public
hearing, the Planning Commission's discussion and deliberation, and the above listed conditions
of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes
that:
1. The proposal is consistent with the intent of the Comprehensive Plan, specifically
with Land Use Element Goal A and Policies A.2 and C2; Housing Element A.6
and B.6; and Transportation Element Policy B.14.
2. The proposal is not consistent with requirements for approval of a conditional use
pen-nit as speci ied in PANIC 17.96.050(A) as it defeats the purpose of the zoning
code, in the ability to protect the character and maintain the stability of residential
areas within the city and to regulate the intensity of use of lots and parcels of
land, and to deten-nine the spaces surrounding buildings necessary to provide
adequate light, air, privacy, and access to property.
3. The City's responsibility under the State Environmental Policy Act in review of
the proposal has been satisfied.The existing residential structure located on the
site does not meet the requirement of PANIC 17.10.050 regarding both the front
setback and the side setback for the site.
The motion was seconded by Commissioner Caudill and passed 6—0.
PNGELES
) ' 'A
0
W A S H I NGTON, U. S. A.
COMMUNITY & ECONomic DEVELOPMENT DEPARTMENT
TO: Planning Commission
FROM: Scott K. Johns
DATE: November 14, 2007
RE: Conditional Use Permit - CUP 07-07
APPLICANT: John Rickenbacher
OWNER: Same
LOCATION: 517 E. 4 th Street, Port Angeles
REQUEST: Accessory Residential Unit in the RS-7 Residential Single Family
zone
RECOMMENDATION
The Planning Division recommends that the Planning Commission Deny CUP 07-07
citing 10 findings and 5 conclusions in support of that action as listed in Attachment A to this
staff report.
EXISTING CONDITIONS IN AREA
The subject property is located on 4th Street between Albert Street and the Peabody
Creek Ravine. Nearby lots vary in size and dimension. The subject site measures 140' in depth
by 50' in width and is approximately 7,000 square feet in area. No environmentally sensitive
areas exist on the site, however, the site is in the vicinity of the Peabody Creek ravine. The site
is accessed from 4th Street, which is an improved local access street. Currently a single family
residence and an accessory structure are located on the site. The existing structure is no'n-
conforming to the required front and side setbacks. The site is generally level. The application
and site maps are attached as Attachment C.
Development in the area consists predominately of single family residential structures.
At:least on other ARU is located in the vicinity. The RS-7 zone is primarily intended for single
family residential development. The Peabody Creek ravine to the west and south is zoned Public
Buildings and Parks as is Webster Park, located 475 feet to the east. An ARU was approved at
616 East Fourth Street, which is one block west of the subject site. In that instance, a variance
was required for approval of the ARU because the unit was established as the second floor of an
existing detached garage that was not built to support a residential structure, i.e., it did not
Rickenbacher—CUP 07-07
November 14,2007
Page 2
observe the setbacks required for a residential use. The required 20 foot setback was reduced to
10 feet and the minimum 7 foot side yard setback was allowed to remain as 2.5 feet.
AGENCY COMMENTS
City Departments reviewed the proposal and provided the following comments:
The Fire Department had no objections or comments.
The Public Works and Utilities Department will require:
I. Provide an additional 2 on-site parking spaces for a total of four (4) off
street parking spaces;
2. Separate electrical meters are required for each unit; and
3. The address for the second unit will be 517 '/2E. 4 th Street.
4. No second water meter is required for this CUP.
The Building Division of DCED
1. A building permit is required for the construction. Construction will be per
IRC requirements.
PUBLIC COMMENT
Notification of the proposed action was placed in the Peninsula Daily News on October
26, 2007, posted on the site, and mailed to property owners within 300 feet of the subject
property per Section 17.96.140 PANIC. The Department received comment letters from two
neighbors within the posted written comment period. The neighbors wrote that (1) the structure
does not observe setbacks for single family residential development at the present time and the
area is already "tight" in development; and (2)parking is at a minimum in this area and the
neighborhood character will be negatively impacted.
Comprehensive Plan
The Comprehensive Plan establishes the long range goals and policies of the City. Any
project proposed in the City must be consistent with the goals and policies of the Comprehensive
Plan. The Comprehensive Plan Land Use Map identifies the site as being in the North Central
Planning Area and designates the site as being in the imprecise margin between Low Density
Residential and Open Space. The Comprehensive Plan's policies have been reviewed with
regard to the proposed application and the policies identified in Attachment B to this staff report
are found to be the most relevant to the proposal. Single family residences and accessory
residential units are legitimate components of district development. The proposal would allow
for a density that is in compliance with low density residential areas.
Zoning Ordinance
The Zoning Ordinance is the primary implementing ordinance for the Comprehensive
Plan. It establishes what types of uses are permitted in specific zones, definitions of uses, and
minimum design standards for such uses. Like the Comprehensive Plan, any project proposed in
the City must be consistent with the regulations of the zone in which it is located. The Zoning
Map identifies the subject property as RS-7 Residential Single Family. Surrounding properties
are predominately zoned RS-7 Residential Single Family with some nearby Public Building and
Parks zoning (Peabody Creek ravine) being as close as 70 feet to the south. Specific sections
applicable to accessory residential development in the RS-7 are listed below for reference.
Rickenbacher—CUP 07-07
November 14,2007
Page 3
Port Angeles Municipal Code (PAMC) Section 17.10.010 states the purpose of the RS-7
Zone as "a low density residential zone intended to create andpreserve urban singlejamily
residential neighborhoods consisting ofpredominantly singlejamily homes on standard
Townsite-size lots. Uses whichare compatible with andjunctionally related to a singlejamily
residential environment may also be located in this zone..."
Port Angeles Municipal Code (PAMC) Section 17.08.040(A) establishes that accessory
residential units are permitted in the RS-7 zone by conditional use permit. PAMC Section
17.08.01 O(B) defines an Accessory Residential Unit as "a dwelling unit which is incidental to a
detached single family residence, is subordinate in space (i.e.,fifty percent or less space than the
singlejamily residential use), and is located on the same zoning lot as the singlejamily
residence, An accessory residential unit is served by water and electrical service that is separate
ftom the primary residential service and has a separate address."
PAMC Section 17.08.025(J) defines a dwelling unit as "one or more rooms which are
arranged, designed, or used as living quartersfor onefamily only. Individual bathrooms are not
necessarily provided, but complete single kitchen facilities, permanently installed, shall always
be includedfor each dwelling unit."
STAFF ANALYSIS
As indicated in Table A below, the side and front setbacks of the existing structure do
not conform to present day regulations. No structural changes are proposed for the exterior of
the existing house as the proposed ARU is planned for the basement area of the structure. Even
though the existing structure is considered pre-existing non-conforming structure, the addition of
a residential unit is a new use and must therefore meet the required dimensional standards of the
site and zone.
TABLE A—RS-7 Development Standards
Required Existing/proposed
Minimum lot area 7,000 sq. ft. 7,000 sq. ft.
Minimum lot width 50' 50'
Minimum setbacks - Front/Rear 20' <175
Minimum side setbacks 7' <05
Maximum lot coverage 30% 22%
Per PAMC 17.11.040(A), an accessory residential unit (ARU) requires a conditional use
permit when proposed in a residential single family zone. An ARU may be no larger than 50%
the size of the primary unit. Public Works and Utilities Department would require separate
electric utility connections as a condition of approval. The total square footage of the existing
structure is 2,218 square feet. The proposed accessory residential unit would consist of a 600
square foot dwelling unit in the basement of the existing house. The single family residence
would then retain 1,200 square feet of livable space for the primary residence with the ARU
being 50% of the size of the primary residence.
PAMC 14.40.060(D) requires 2 off-street parking spaces for each residential unit for a
total of 4 off-street parking spaces. The site plan has denoted two parking spaces on the property
as well as a two car garage in order to satisfy this requirement for a minimum of 4 off street
parking spaces.
The proposal is not consistent with all the relevant sections of the Port Angeles Municipal
Code. Residential uses are required to meet minimum setbacks. The existing structure does not
Rickenbacher—CUP 07-07
November 14,2007
Pa,-e 4
meet the required front or side setback and an additional residential unit in a structure that does
not meet the required set back may not be approved. PAMC 17.96.050(C) requires that the
purpose of a conditional use shall assure that the maximum degree of compatibility between uses
shall be attained. The purpose of the zoning code as stated in PAMC 17.0 1.01 O(C) includes
regulation of the intensity of use of lots and to determine the spaces surrounding buildings that
are necessary to provide adequate light, air, privacy and access to property. PAMC 17.01.010(F)
further states that the purpose of the zoning code is to establish building lines and the location of
buildings designed for residential, commercial, manufacturing, pubic, or other uses within such
lines.
TABLE B —PROPOSED BUILDING STATISTICS
Primary Single Family Residence 1200 sq. ft. main floor
Accessory Residential Unit 600 sq. ft. basement
Total Living Space 1800 sq. ft.
Total Footprint 1025 sq. ft.
Lot Coverage 21.8 %
STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW AND COMPLIANCE
A Determination of Non-Significance was issued by the City's Responsible Official on
November 9, 2007, with regard to the proposal. This satisfies the City's responsibility under the
State Environmental Policy Act(SEPA).
Attachments: A-Conditions, Findings, and Conclusions
B -Zoning Ordinance, Comprehensive Plan,and Other Municipal Code References
C—Application, site plan, floor plans, and map.
ATTACHMENT A
FINDINGS, AND CONCLUSIONS IN SUPPORT OF DENIAL FOR
CUP 07-07 - Rickenbacher
Findings:
Based on the information provided in the Community and Economic Development Staff
Report for CUP 07-07 dated November 14, 2007, including all information in the public record
file, comments and testimony presented during the public hearing, the Planning Commission
discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles
Planning Commission hereby finds that:
I John Rickenbacher submitted a conditional use permit application for an accessory
residential unit on October 3, 2007. The applicant owns the subject property that is
located at 517 E. 4th Street.
2. The proposed site is legally described as Lots 27 and 28, Block 65 of Puget Sound
Cooperative Colony, Townsite of Port Angeles.
3. The site is zoned Residential Single Family (RS-7) and is 7,000 sq. ft. in area.
Residential use setbacks in the RS-7 zone4 and 20 feet front and rear, and 7 feet sides.
The subject residential structure is 17 feet from the front property line and 0 feet from the
west side yard property line.
4. The Comprehensive Plan designates the site as Low Density Residential. Properties in
the general area are also designated as Low Density Residential with properties along
Peabody Creek also designated Open Space. The site is located in the City's North
Central Planning Area. Development in the neighborhood includes predominately single
family residential uses.
5. Per 17.96.050(A) PAMC, the Planning Commission shall consider applications for
conditional use permits as specified in the applicable Chapter of the Zoning Regulations.
The Planning Commission may grant said permits which are consistent and compatible
with the purpose of the zone in which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. In each application
the Planning Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property. Conditional uses shall be evaluated to determine if the
characteristics of the intended use as related to the specific proposed site would defeat the
purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions. The Planning Commission may refuse to issue a conditional use
permit if the characteristics of the intended use would defeat the purpose of the City's
zoning regulations,
Per PAMC 17.96.050(C), the purpose of a CUP shall be to assure that the maximum
degree of compatibility between uses shall be attained. The purpose of these regulation
shall be maintained with respect to the particular use of the particular site and in
consideration of other existing and potential uses within the general ar3ea in which such
use is to be located.
Rickenbacher—CUP 07-07
November 14,2007
Page 6
6. A development that is approved through the conditional use permit process must remain
in continual compliance with specific conditions of approval or may be revoked. A CUP
activity must comply with the regulations of the zone in which it is located.
7. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily ATews on October 26, 2007. Public notice was mailed to property
owners within 300 feet of the subject property and the site was posted per Section
17.96.140 PAMC. Two comment letters were received as a result of the public notice
period that ended on November 7, 2007.
8. Approval of an ARU is a change in use. A change in use requires observance of
development regulations including setbacks.
9. A Determination of Non-Significance was issued for the proposal on November 9, 2007.
10. The Planning Commission conducted a public hearing on the proposal at the November
14, 2007, regular meeting.
Conclusions.-
Based on the information provided in the Department of Community and Economic
Development Staff Report for CUP 07-07 dated November 14, 2007, including all of the
information in the public record file, comments, and testimony presented during the public
hearing, the Planning Commission's discussion and deliberation, and the above listed conditions
of approval and listed findings.- the City of Port Angeles Planning Commission hereby concludes
that:
I The proposal is consistent with the intent of the Comprehensive Plan, specifically
with Land Use Element Goal A and Policies A.2 and C2; Housing Element A.6
and B.6; and Transportation Element Policy B.14.
2. The proposal is not consistent with requirements for approval of a conditional use
permit as specified in PAMC 17.96.050(A) as it defeats the purpose of the zoning
code, in the ability to protect the character and maintain the stability of residential
areas within the city and to regulate the intensity of use of lots and parcels of land,
and to determine the spaces surrounding buildings necessary to provide adequate
light, air, privacy, and access to property.
3. The City's responsibility under the State Environmental Policy Act in review of the
proposal has been satisfied.
4. The existing residential structure located on the site does not meet the requirement of
PAMC 17.10.050 regarding both the front setback and the side setback for the site.
ATTACHMENT B
COMPREHENSIVE PLAN AND ZONING ORDINANCE INFORMATION
COMPREHENSIVE PLAN ELEMENTS
Residential Land Use Element
Policy A 2: All land use decisions and approvals made by the City Council and/or any of
its appointed Commissions, Boards or Committees should be consistent with the Comprehensive
Plan and its land use map.
Goal C: To have a community of viable districts and neighborhoods with a variety of
residential opportunities for personal interaction, fulfillment and enjoyment, attractive to people
of all ages, characteristics and interests.
Policy C 2: Residential land should be developed on the district and neighborhood
concept. Although such districts may be composed primarily of residential uses of a uniform
density, a healthy, viable district should be composed of residential uses of varying densities
which may be augmented by subordinate and compatible uses. Single family and multi-family
homes, parks and open-spaces, schools, churches, day care and residential services, home
occupations, and district shopping areas are all legitimate components of district development
and enhancement. A neighborhood should be primarily composed of low, medium, or high
density housing.
Housing Element
Policy B 6: Adequate low and moderate income housing opportunities should be
provided within the Port Angeles Planning Area.
ZONING ORDINANCE PROVISIONS
The Zoning Ordinance is the primary implementing ordinance for the Comprehensive
Plan. It establishes what types of uses are permitted and where they may be located in the City.
It also establishes definitions of uses, and minimum design standards for such uses. Like the
Comprehensive Plan, any project proposed in the City must be consistent with the regulations of
the zone in which it is located. The Zoning Map identifies the subject property as Residential
Single Family (RS-7).
The purpose and intent of the RS-7 zone is as follows:
"This is a low density residential zone intended to create andpreserve urban
singlefamily residential neighborhoods consisting ofpredominantly singlefamily homes
on standard Townsite-size lots. Uses which are compatible with andfunctionally related
to a singlefamily residential environment may also be located in this zone. "
PAMC 17.96.050 (Conditional Use Permit) states that the Planning Commission may
grant a conditional use permit approval which is: 1) consistent with the zone in which the
proposal is located; 2) consistent with the Comprehensive Plan; and 3) not contrary to the public
use and interest. Appropriate conditions may be made to ensure compliance with these criteria.
Denial of an application may be made should the proposed use defeat the purpose of the zone by
introducing incompatible, detrimental or hazardous conditions.
PAMC 17.96.050 specifies procedures for the review and processing of conditional use
permit applications, as follows:
17.96.050 Conditional Use Permit
A. The Planning Commission shall consider applicationsfor Conditional Use
Permits of uses as specified in the applicable Chapter of the Zoning Regulations. The Planning
Rickenbacher—CUP 07-07
November 14,2007
Page 8
Commission may grant saidpermits which are consistent and compatible with the purpose of'the
zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the
public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit
if the characteristics of the intended use as related to the specific proposed site are such as
would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental,
or hazardous conditions.
B. In each application the Planning Commission may impose whatever restrictions
or conditions they consider essential to protect the public health, safety, and we�fare, and to
prevent depreciation of neighboring property.
C. Purpose of a Conditional Use Permit: The purpose of a Conditional Use Permit
shall be to assure that the maximum degree of compatibility between uses shall be attained. The
purpose of these regulations shall be maintained with respect to the particular use of the
particular site and in consideration of other existing and potential uses within the general area in
which such use is to be locate
LTL�ue Robercl�_- CUP 07-08 Worley
From: Ken Dubuc
To: Sue Roberds
Date: 11/2/2007 1:16 PM
Subject: CUP 07-08 Worley
Sue,the Fire Department has no objections to the issuance of this CUP at 338 E Whidby. The owner will have to ensure
that the basement unit meets all applicable Building and Fire Codes.
Thanks,
Ken Dubuc, Fire Marshal
Port Angeles Fire Department
R ECEmE 0
J
OR NGELES
P NOV -7 2007
W A S H I N G T 0 N, U. S. A. CITY OF PORT ANGELES
I)Apt AfrAMmjinityn,.%QqPment
DEPARTMENT OF COMMUNITY & ECONomic DEVELOPMENT
Date: October 23, 2007
To: L,7'renia Funston, Public Works and Utilities
Ken Dubuc, Fire Department
From: Sue Roberds, Planning Manager
Subject: Conditional Use Permit- CUP 07-07
Rickenbacher- 517 E. 4t' Street
Please review the attached conditional use permit application materials for issues pertinent to
your department and forward your comments or conditions to this Department no later than
November 2, 2007.
Thank you! T
17, & Orn
f"4 V
—FC)
IONS
T� V I t>F-: 2- OF F 1 n
Stuart T. Smith
P 0 Box 1838
Port Angeles, WA 98362
h(360)457-3438
w(360)457-0436 R F C I` En
sssmith87@gmail.com
[NION -7 2007
CITY OF PORT ANGELES
Dept.of Community Development
2 November, 2007
City of Port Angeles
Department of Community &Economic Development
321 E Fifth
Port Angeles, WA 98362
RE: Dave Rickenbacher Conditional Use Permit
517 E. Fourth Street
To Whom It May Concern:
I drove by the property under consideration and it appears that construction is already underway.
This is a very"tight" area for space. Homes are very close together and parking is already in
limited supply. (take a drive down 4 th and the alley between 4 1h and 3rd some evening) I do not
feel that adding another rental/living space would be fair to existing neighbors already short of
space.
I would encourage you to deny this conditional use permit.
Sincerely,
To Whom It May Concern: R
NOV -5 2007
CITY OFPOR ANG�,ELES
ept, T
PORT
t4 t'
D�6 0 at 'I rev opm
11 t.r1evelopment
I am writing this letter to protest the varian _.h.
house at 517 E. 4 th street. I feel that it is not right for
developers to buy a house and then change the total
concept of the neighborhood. You will have more
traffic down a quiet dead end street. Parking is at a
minimum and I feel there is not enough for a multi-
family home. I have, lived on that street since 1957
and it has been a nice quiet block. Your going to have
people moving in and out, coming and going . The
house already looks out of sorts with how high he has
lifted it.
Thank you,
JOB a yE)
Nov. 1 , 2007
CITY OF PORT ANGELES
NOTICE
OF
POSTING
RE:
day of ",We,�2007, I posted said notice, a
I., Patrick Bartholick state that on the
true copy of which is hereto attached and made a part hereof pursuant to-Section 17.96.1-40
e , on the e roposed for a land use
of the Port Angeles Municipal Code, as amend d4
action.
Fk08
Vis day of 2007.
;A% Pus
NOTARY PUBLIC for e State of
Washington, residing in ort Angeles.
CITY OF PORT ANGELES
NOTICE OF MAILING
RE:
1, Sue Roberds'state that on thg6ay of 2007Y 1 mailed said notice, a true copy
of which is hereto attached and made a part hereof pursuant to Section 17.9&140 of the
Port Angeles Municipal Code, to the persons on the attached list. In addition, the notice was'
posted on the bulletin board in the main lobby of Vty all.
AFFIAN
Subscribed to me this Z5day of Cam .2007.
�MENq
NOTARY PUBLIC-for the State of
PSI Y
Washington residing in Port Angeles.
P U
OF,
PARCEL NO FIRST NAME INIT LAST NAME ADDRESS CITY STATE ZIP
063000525848 DENNIS J LEINAAR PO BOX 2944 PORT ANGELES WA 98362
063000525852 JOHN Z MILLER 111 503 E 3RD ST PORT ANGELES WA 98362
063000650042 ANTHONY J ZINICOLA 306 S VINE PORT ANGELES WA 98362
063000525856 JAMES J WOOLETT 507 E 3RD ST PORT ANGELES WA 98362
063000525862 JOAN L GLOOR 826 BLACK DIAMOND RD PORT ANGELES WA 98363
063000650061 PICO-A WASHINGTON PTNSHP 403 S PEABODY ST PORT ANGELES WA 98362
063000525866 CAROL VAN BROCKLIN .519 E 3RD ST PORT ANGELES WA 98362
063000525868 THOMAS A WATSON 523 E 3RD ST PORT ANGELES WA 98362
063000526534 JANE LONGO 502 E 3RD PORT ANGELES WA 98362
063000525874 PATRICIA GOSSAGE/D R JONES JR 527 E 3RD ST PORT ANGELES WA 98362
063000526530 THOMAS H/KAREN E MITCHELL 209 S VINE ST PORT ANGELES WA 98362
063bOO525878 SANDRA M HALLER'- 535 E 3RD ST PORT ANGELES WA 98362
063000526526 CANDIDA PAULSEN 508 E 3RD ST PORT ANGELES WA 98362
063000526522 JOHN A KALAPACA 6804 S MT ANGELES RD PORT ANGELES WA 98362
063000526538 LAURENCE M BECKER 309 S VINE ST PORT ANGELES WA 98362
063000526542 ROBERT S EASH/M A O'NEILL-EASH 336 HILLCREST DR PORT ANGELES WA 98362
063000526512 ALEXANDER W &ANDIE M ROOD PO BOX 1625 PORT ANGELES WA 98362
063000526544 BONNETTE BAUMGARDNER 503 E 4TH ST PORT ANGELES WA 98362
063000526546 JEFFEREY/RENEE ELLIOTT 509 E 4TH STREET PORT ANGELES WA 98362
063000526508 PAUL A GRAVES 526 E 3RD - PORT ANGELES WA 98362
063000526572 STUART T SMITH 4524 S REDDICK RD PORT ANGELES WA 98363
063000526504 CHRYSTINA G BRUNEAU 1809 CRAIG RD S E OLYMPIA WA 98501
063000526580 CLALLAM COUNTY HOSTELRIES INC PO BOX 2199 PORT ANGELES WA 98362
063000526500 RODNEY DAVIDSON 610 E 5TH ST PORT ANGELES WA 98362
063000526576 ERIN BICK 511 E 4TH ST PORT ANGELES WA 98362
063000526584 BEATRICE BUETTNER-LF EST C/O T BUETTNER 69 MAPLE RIDGE RD PORT ANGELES WA 98363
063000526588 RUTH ANN TOMPKINS 523 E 4TH ST PORT ANGELES WA 98362
063000526570 CITY OF PORT ANGELES PO BOX 1150 PORT ANGELES WA 98362
063000526440 DORA A JOHNSON 305 SO ALBERT ST PORT ANGELES WA 98362
063000526592 RALPH BAY 525 E 4TH ST PORT ANGELES WA 98362
063000526594 JOHN/EVELYN WESTREM, TRUSTEES 1006 E BALBOA BLVD NEWPORT BEACH CA 92661
063000526430 MONTE W/LESLIE M ENGLISH 2007 E MADDOCK RD PORT ANGELES WA 98362
063000526596 MICHAEL D/TOMI A ELLIOTT 324 S ALBERT ST PORT ANGELES WA 98362
063000017225 JENNY M RUSSELL 518 E 4TH ST PORT ANGELES WA 98362
063000526460 MALLORY S WILSON 323 S ALBERT ST PORT ANGELES WA 98362
063000017215 MARSHA L KELLY 522 E 4TH ST PORT ANGELES WA 98362
063000017210 KATHERINE B HAGGARD 520 E FOURTH STREET PORT ANGELES WA 98362
063000017205 JASON/LINDAJT VANZANT 93 PEPPER LN PETALUMA CA 94952
063000017200 WILLIAM E RINEHART 536 E 4TH ST PORT ANGELES WA 98362
063000017345 E.DIANNE ARNHEIM 8 MAGPIE CIRCLE WALPOLE MA 02081
063000017250 HEALTHY FAMILIES OF CLALLM CO 630 E FRONT ST STE A PORT ANGELES WA 98362
063000017255 MICHAEL T BREEN 402 E 8TH ST PORT ANGELES WA 98362
CITY OF PORT ANGELES
PUBLIC NOTICE
OF DEVELOPMENT APPLICATION AND
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on October 3, 2007, the City of Port Angeles received an
application for a conditional use permit to allow the conversion of a portion of an existing residential
structure to an ACCESSORY RESIDENTIAL UNIT in the RS-7 Residential Single Family zone. The
application was determined to be complete on October 22, 2007. Written comments regarding the
proposed action must be received by the City no later than November 7, 2007, in order to be included in
the staff report. Additional comment will be accepted at the public hearing that will be conducted by the
PORT ANGELES PLANNING COMMISSION on November 14, 2007, 6 p.m., City Hall. Interested parties are
encouraged to comment on the proposal and may request a copy of the decision once it's been made.
Inforination may be reviewed at the City Department of Community & Economic Development, City
Hall, 321 East Fifth Street, Port Angeles. City Hall is accessible to persons with disabilities. Interested
parties are invited to attend the meeting.
STATE ENVIRONMENTAL POLICY ACT: It is anticipated that a determination of non significance
(DNS) will be issued for the proposal following the required review period, which will expire on
November 7, 2007, per WAC 197-11-3 5 5.
APPLICANT: DAVE RICKENBACHER
LOCATION: 517 E. Fourth Street
For further information contact: Scott Johns, (360) 417-4752
PUB: 10/26/07
POST: 10/23/07
MAIL: 10/23/07
T:\NOTICES\ComboPCpublichearing.wpd
9 Affidavit of Publication 0
In the Superior Court of the State of Washington for Clallam/Jefferson County.
Peninsula Daily News
CITY OF PORT ANGELES
PUBLIC NOTICE
OF DEVELOPMENT
APPLICATION AND
PUBLIC HEARING
NOTICE IS HEREBY GIVEN
that on October 3, 2007,
the City of Port Angeles re-
ceived an application for a
CITY OF PORT ANGELES conditional use permit to al--
LEGAL ACCT/CITY CLERK low the conversion of a por-
tion of an existing residen-
PO BOX 1150 tial structure to an ACCES-
SORY RESIDENTIAL UNIT in
PORT ANGELES, WA 98362-0217 the RS-7 Residential Single
Family zone.The application
was determined to be com-
plete on October 22, 2007.
Written comments regarding
the proposed action must
be received by the City no
later than November 7,
Reference: 4900481 2007, in order to be includ-
3589688 D.Richenbacher ed in the staff report. Addi-
tional comment will be ac-
cepted at the public hearing
that will be conducted by
the PORT ANGELES PLAN-
NING COMMISSION on No-
vember 14, 2007, 6 p.m.,
City Hall. Interested parties
are encouraged to comment
on the proposal and may re-
The undersigned being first duly sworn on oath, deposes and quest a copy of the decision
once it's been made. Infor-
says. mation may be reviewed at
That she/he is authorized to and does make this affidavit for and the City Department of Com-
munity&Economic Develop-
on behalf of Peninsula Daily News, a corporation, and that the ment, City Hall, 321 East
following statements of fact are within her/his personal and Fifth Street, Port Angeles.
City Hall is accessible to
actual knowledge. persons with disabilities. In-
terested parties are invited
That said corporation is the owner and publisher of the to attend the meeting.
Peninsula Daily News published in Clallam/Jefferson Counties, STATE ENVIRONMENTAL
POLICY ACT: It is anticipat-
and had been approved as a legal newspaper by order of the ed that a determination of
Superior Court of said Clallam/Jefferson County of the State Of non significance (DNS) will
be issued for the proposal
Washington. following the required review
period, which will expire on
That the annexed is a true copy of a legal insertion as it was November 7, 26G7�--Wx
published in regular issues (and not in the supplement form) of WAC 197-11-355.
said newspaper was regularly distributed to its subscribers APPLICANT�
DAVE RICKENBACHER
during all of said period. The publishing date cited is the last LOCATiON;-__517-E—Fourt-h-
Street
day of publication. ----For further information con-
tact: Scott Johns, (360)
417-4752
Pub:Oct
NO
1 Insertion in Pub PDN on
0
10/26/07 C�
0 T A
08/05/2011
13 0
L\
Op
WASI
,\\N
I MOO\
007
Sw�orn it��ne_�n6s 2:�ay)d�fE�6W2--------
NOTARYPUBUC
Notary Public in and for the State of Washington residing in Port Angeles.
Peninsula Daily News P.O. Box 1330 Port Angeles, WA 98362
� "P 0 R T NGELES
W A S H I N G T 0 N, U. S. A.
...........
October 23, 2007
MEMO
To: Department of Ecology, SEPA Division
From: Sue Roberds, Planning Manager
Subj: Conditional Use Permit - CUP 07-07
DEPARTMENT OF Rickenbacher- 517 E. 0 Street
COMMUNITY
DEVELOPMENT Enclosed you will find a notice of development application in association with a
Mark Madsen conditional use permit application to establish an accessory residential unit within the
Director lower floor area of an existing single family residential structure. The application
417-4501 materials are being forwarded to you for review during the public comment period. The
City will not issue a threshold detennination until after the comment period which will
Sue Roberds, end on -November 7, 2007. This may be your only opportunity to comment on
Planning Manager potential impacts of the application.
417-4750
Nathan West Written comments must be received bythe CityDepartment of Community&Economic
Principle Planner Development, P.O. Box 1150, Port Angeles, Washington, 98362, no later than
417-4751 November 7, 2007. Please don't hesitate to contact this department if you have any
Scott Johns questions.
Associate Planner
4t7-4752 Thank you.
Jim Lierly
Building Inspector
417-4816 Sue Roberds, anning Manager
Permit Technician
417-4712 Enclosures
Patrick Bartholick
Permit Technician
417-4815
C
Us.r
NGELES
............
W A S H I N G T 0 N, U. S. A.
DEPARTMENT OF COMMUNITY & ECONOMic DEVELOPMENT
Date: October 23, 2007
To: Trenia Funston, Public Works and Utilities
Ken Dubuc, Fire Department
From: Sue Roberds, Planning Manager
Subject: Conditional Use Permit - CUP 07-07
Rickenbacher- 517 E. 4 1h Street
Please review the attached conditional use pen-nit application materials for issues pertinent to
your department and forward your comments or conditions to this Department no later than
November 2, 2007.
Thank you I
Fo-R OFFicE USE ONLY
APPLicA TioN FEEs Date Rec'd: 6 3-1
P: $500&$2
5-
CU
File Number:
�otal$750 �PORT�.*.ANGELES HTE#
-----------
-tr-a-t i-v e-- CITY 0 VIZ.,
$200 & $100 SEPA r -R-e c e i-v e d-b-y'-
CONDITIONAL, SE PERMIThaDEf. F5 V E. nn
Total:$300
U
Li
APPL,IC"10N OCT 3 2007
CITY OF PORT ANGELES
L-Dept.of Community Development
*IMPORTANT * PLEASE READ **
Only completed applications will be accepted.To be considered complete,an application must include all of the
following information:
A completed application signed by the applicant and the property owner(if different than the applicant).
A completed SEPA Checklist signed by the applicant.
A vicinity map (showing the site in relation to surrounding properties)
A site plan (accurately drawn at 1"=20' scale with complete dimensions showing all property lines,
existing and proposed structures and parking spaces, setbacks and significant vegetation).
Interior floor plans for each floor of any structure to be used for the proposed activity.
ff A Exterior building elevations for each side of any building that will be constructed for the proposed use.
Mailing labels and list ofproperty owners within 300' of theproposed site. A list of theproperty
owners may be obtainedfrom the County Assessors Office.
Application fee.
It is important to be accurate and complete with the information regarding all aspects of your project.
The Planning Commission's decision and staff recommendation will be based on the infori-nation contained in
this application, and will be limited to the proposal as presented. Changes to your project from what is
subinittedmay result in the delay ofyourproject's reidew. Certain proposals are decided administratively such
(retail stand permits, home occupations, and bed and breakfast uses). These permits do not require a public
hearing process.
Please do not hesitate to ask if you have any questions regarding the permit process, time periods, or
restrictions of certain applications. Community Development Department personriel may be reached at
417-4750 between the hours of 8 a.m. and 5 p.m. Monday through Friday.
NOTES: (For your use)
Appl.
APPLICANT/OWNER INFORMATION:
Applicant: .':�2664 U 1q14K-e1Vfi,4611e19
Address: / Z 1 15 20 S7- 10cR-rA1V6tLti Daytime phone#: 360 1/g/ i�2,92
Applicant's representative(if other than applicant):
Address: Daytimephone#:
Property owner(if other than applicant):
Address: Daytimephone#:
PROPERTY INFORMATION:
Street address: 5 / 7 E q�' S7- ARr a-S OW �193C2
Legal description: 4 r5 2 7 Z 8 64 k 6 SOUIVP C0010 W P7
th impre c1se MCf rjtA�e�Wee-n
Lo"., D ei s-W 0'P e-1 �a
Zoning: R 5 7 Comprehensive Plan designation. '
Property dimensions: 0 X Property area(total square feet): 7 q
0C
Physical characteristics(i.e.,flat,sloped,vacant,developed,etc.): )t'L A T
PROPOSED USE INFORMATION:
Please describe the proposed conditional use:
CO3V v L a-rIIVC- AN S11V6-LL
X &CC k-CSOR f/ �),E t 1IM- C-o'Al
rn A/Al U/V 17- 12-0 0
r
0 00 -S;,
J�
Number of employees: Hours of operation: A114
Number of on-site parking spaces: 4i Z-r CJ-0(4J_,0 I- IA�C 7'0 190,0 2 OFA�sTRWArT
/* /V c, 1'1011J�
6� S P,9CtS 7-0 THIP SP4C.,r-S -Z 7
Building area (total square feet of floDx area for the proposed activity): /ROD
SIGNATURES:
Applicant:
I certify th a I off Atheabove statements are true and complete to the best ofmy knowledge and acknowledge
thatwi�fulmisrepresentation ofinformation will terminate thispermit application. I have read this application in
its entirety and understand that my subn 'rtal will be reviewedfor completeness. Iffibund to be complete the
application will bescheduleAr then ilable Planning Commission meeting. Ifnot complete, when requested
information has been recei- the a ion will he scheduledfor the next available meeting.
e r el e ..Y su
Ih e n Je-
e a
Signature Date
Owner i other than applicant):
I am the owner of the subject property identified herein and approve of this application.
Signature Date
For Staff Use Only:
Permit No.
Appl. complete
Add. Info requested
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