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HomeMy WebLinkAbout123 Forest Avenue 123 Forest Avenue CUP 05-04 pT GELtIs W A S' H ..I N G T ON; U. S. A. Economic.&-Community Development September 19„2005 Ms. Kristina Larsen ~ 123 Forest•Avenue Port Angeles,'WA . 98362 Re: Conditional Use Permit-CUP 05-04 123 Forest Avenue Dear Ms. Larsen: As you know, following a public hearing conducted on.September 14, 2005,the City's Planning Commission approved a conditional use permit to allow an accessory residential unit at 123 Forest Avenue with'the following conditions: Conditions:. 1: Building permits must be obtained 'and separate water and electrical meters'are required for each dwelling unit. Addressing for the accessory.residential unit shall be clearly identified as,123 1/2 for emergency.purposes. 2: Two:(2),off-street parking,spaces are required for each residential dwelling unit for a total of four(4) spaces. Additionally, as long as the home occupation is active on- site, an additional two (2) off-street spaces'shall be maintained within the dedicated parking area on the subject property for a total of six (6) spaces. Parking for the use must be located on the site. A building permits must be obtained for the,construction and utility placement and the accessory, residential unit shall be clearly identified by address letters visible from the accessing right-of-way. The'decision of the Planning Commission is final unless appealed within 14 days of the decision.to the '. City Council. Ifyou have any fu rtiicr questions,please don't hesitate to contact this office. Sincerely; Sue Roberds,'As ciate Planner Community.Development Coordinator cc: Building Division-: Public W6rks and Utilities Phone: 360-417-4750 / Fax: 360-417-4711 Website: www.cityofpa.us./ Email: smartgrowth@cityofpa.us . . 32 1 East Fifth Street,= P.O. Box 1150 - Port Angeles, WA 98362-021,7 CITYOO' � NGELS iI►`� WA S H I N.-G T-0 N, .U. S. A. SEP a Q°0� poo°O of '� 31 7 P'O: BOXPYF7@TEq O Da�8aa7 PORT ANGELES,'WA.98362=0217 u:a.'POST.a®12 Q ADDRESS SERVICE REQUESTED - Ms. Kristina Larsen 123 Forest Avenue ; _ Port Angeles,-WA 98362 - r, 1EL Rh . kOl DELIVERABLE A.v-,Y.D'J SZc�JE't1 1Li'jr1� W 11111 111 1111111111 1111111 J • ORT NGELES �- Nr n c u I N r T n N 1 1. A. Economic & Community Development �s September 19,2005 j Ms.Kristina Larsen 123 Forest Avenue Port Angeles,WA 98362 Re: Conditional Use Permit-CUP 05.04 123 Forest Avenue 4 x e Dear Ms. Larsen: - 3 , _ As you know,following a public hearing conducted on September 14, 2005,the City's Planning . : Commission approved a conditional use permit to allow an accessory residential unit at 123 Forest k Avenue with the following conditions:. Conditions: l. Building permits must be obtained and separate water and electrical meters are required for each dwelling unit. Addressing for the accessory.residential unit.shall be Clearly identified as 123 1/2 for emergency purposes.- WS 2: Two (2) off-street parking spaces are required for each residential dwelling unit for a total of four(4).spaces. Additionally, as long as the home occupation.is active on site, an additional two (2) off-street spaces shall be maintained within the dedicated Y parking area on the subject property for a total of six (6) spaces. Parking for the use must be located on the site. Ab permits must be obtained for the construction and utility placement and the accessory residential unit shall be clearly identified by address letters visible from the accessing right-of-way. PIR The decision of the Planning Commission is final unless appealed within-14 days of the decision to the City Council. If you have any further questions,please don't hesitate to contact this office. Sincerely, y Sue Roberds,As�Zciate Planner js- Community Development Coordinator cc: Building Division Public 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 Planning Commission Minutes September 14,2005 Page 2 CONDITIONAL USE PERMIT - CUP 05-04 - LARSEN, 123 Forest Avenue: Proposal to construct an accessory residential unit in the RS-7 Residential Single Family zone. Associate Planner Scott Johns reviewed the Community & Economic Development Department's staff report recommending approval of the conditional use permit with conditions. Chair Rasmussen asked why,with the amount of land available to the applicant that she had not sought permission to construct a duplex rather than an ARU. Planner Johns suggested that the question be posed to the applicant. Chair Rasmussen indicated that those who testify must sign the"Sign In"log and affirm that their testimony will be truthful to the best of their knowledge. He then opened the public hearing. Kristina Larsen, 123 Forest Avenue, indicated that she owned and resided at the site and her intention was to provide a suitable residential unit for her parents and was not interested in managing a duplex rental unit at this time. There being no further testimony, Chair Rasmussen closed the public hearing. Following brief discussion, Commissioner Kalish moved to approve the conditional use permit(CUP 05- 04) with the following conditions and citing the noted findings and conclusions: Conditions: 1. Building permits must be obtained and separate water and electrical meters are required for each dwelling unit. Addressing for the accessory residential unit shall be clearly identified as 123 1/2 for emergency purposes. 2. Two (2) off-street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. Additionally, as long as the home occupation is active on-site, an additional two(2)off-street spaces shall be maintained within the dedicated parking area on the subject property for a total of six (6) spaces. Parking for the use must be located on the site. Findings: 1. Kristina Larsen submitted a Conditional Use Permit application for an accessory residential unit (ARU) on July 29, 2005, to allow the construction of a second residential use at 123 Forest Avenue. Ms. Larsen is the property owner. 2. The site is legally described as Lots 14 & 15 , Block 26, Fogarty and Dolan's Addition to Port Angeles and is found in the RS-7 Residential Single Family zone. The site is 100'x 125' in size for a total of 12,500 square feet in area. 3. The site is found in the City's South Central Planning Area. 4. A primary residential unit and a detached accessory structure are located on the site with access off the Fogarty/Forest Alley. The accessory structure is a garage that can Planning Commission Minutes September 14,2005 Page 3 accommodate one vehicle but is mainly used for storage purposes. Access to the main site also exists from Forest Avenue. 5. The applicant conducts a single person beauty shop use as a home occupation at the subject residence by a permit approved in 2003. 6. The Comprehensive Plan Land Use Map designates the site as Low Density Residential (LDR). Adjacent designations are LDR. The Comprehensive Plan's goals and policies have been reviewed with regard to the proposed application and the policies identified in Attachment B to this staff report appear to be the most relevant to the proposal. Housing Element policies(A.6 and B.6)and Residential Goals(A.2 and C.2) specifically encourage accessory residential units in residential single family zones on a case by case basis. 7. PAMC Section 17.10.010 states the purpose of the RS-7 Zone as"a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting ofpredominantly single family homes on standard Townsite-size lots. Uses which compatible with and functionally related to a single family residential environment may also be located in this zone." The RS-7 zone standards are further defined in Attachment B to this report. 8. The existing single family residential structure has an building footprint of approximately 1560 square feet. The existing accessory structure is 760 square feet in size for a total lot coverage of 24%. The proposed accessory residential unit is 660 square feet in area for a proposed total square footage of 2980 or 23%. A ARU may be 50%the size of the primary unit. The applicant has indicated a desire to somewhat enlarge the ARU to accommodate furniture placement. A maximum lot coverage of 30% is permitted in the RS-7 zone. 9. 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 and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone." PAMC Section 17.08.025(J) defines a dwelling unit as "one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities,permanently installed, shall always be included for each dwelling unit. " PAMC Section 17.08.010(B)defines an Accessory Residential Unit(ARU)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 single family 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 from the primary residential service and has a separate address. " Planning Commission Minutes September 14,2005 Page 4 10. Notice of the proposed activity was placed in the Peninsula Daily News on August 30,2005, with the site being posted and notices mailed to surrounding property owners on August 25, 2005. No written comments were received on the proposal. 11. The City's Responsible SEPA Official issued a determination of nonsignificance for the proposal on September 2, 2005. 12. New residential development in the RS-7 zone is subject to the design and dimensional requirements set forth under PAMC 17.10.050, which includes minimum setbacks and maximum lot coverage. Development standards for residential activity in the RS-7 zone includes 20-foot minimum front and rear yard setbacks, 7-foot side yard setbacks, and 13 foot corner side yard setbacks with a maximum of 30% lot coverage. Conclusions: 1. The proposal is consistent with the intent of the Comprehensive Plan's Low Density Residential Land Use Designation, the Comprehensive Plan's Land Use Element Policies A.2, and C.1, and Housing Element Policies A.6, and B.6. 2. As conditioned, the proposal is consistent with the City's zoning regulations, specifically with Section 17.10.040(A)PAMC Accessory residential uses as conditional use permits in the RS7 zone and as defined in 17.08.010(B)PAMC which defines an accessory residential unit. The use is in compliance with the purpose of the RS-7 Single Family zone and densities permitted within the RS-7 zone. 3. The proposal is consistent with the requirements for approval of a conditional use permit specified in PAMC 17.96.050. 4. The use is in the public interest as it allows for a variety of housing opportunities. 5. The City's responsibility under the State Environmental Policy Act in review of the proposal has been satisfied. The motion was seconded by Commissioner Johnson and passed 7- 0. 0- ,R--T, INGELES SEd 7 205 ' A-1-1- N G T O N, U. S. A. CITY OPORT ANGELES Gapt.of Community Development COMMUNITY & ECONOMIC DEVELOPMENT Date: August 25, 2005 To: Fir Department LAI'u'blic Works and Utilities Department From: Sue Roberds, Associate Planner Subject: Conditional Use Permit- CUP 05-04 LARSEN- 123 Forest Avenue Please review the attached conditional use permit application and forward your departmental comments and/or conditions for review as soon as possible. We are slipping this onto the September 14 Planning Commission meeting. Thank you. Attachments je fe r Nb &k. 0 FF dd ress Zn Gt h 17 e PENINSULA DAILY MEWS Afr ' davit of Publication 0 0 In the Superior Court of the State of Washington for C1allam/Jefferson County. -------------------------- ------ ----------------------------------------- CITY OF PORT ANGELES --- --.. PUBLIC NOTICE CITY OF PORT ANGELES { OF DEVELOPMENT;,,;(;,- ' APPLICATION A'NDrs:: T; PO BOX 1150 I PUBLIC HEARING . '- -----PO'R� ANGELES-WF1--9$OF�c ------ ----- ---- - ---- 'NOTICE iS HEREBY;;,GIVEN."_k:--- - that on.July 29, 2005;them { City of Port Angeles re=; ceived a request to allowF ( the.construction of an,:ac;,' -------- _.............__------- ----- ----------------- - cessory residential unit,iby' _ conditionaluse';Permit;3,in, REFERENCE: 4900481 { the-RS=7_Residential-Single.? Farnily zone interested par p 0 5 563 B 54 k r i s t i n a t a r s e n app 1 I Mies.are encouraged.toF:com; ..-_._. --- ------ -------------{------ -'ment on the,,proposal'and '—__.._�_.—.__..__ may.;request;;a copy of.3he The undersigned being first duly sworn on oath, i `decision once tts ,been; made Wratten comments. deposes and says: t regarding the proposed,ac;. -a t--s h-e-/-h-e---i s-a u=t h o-r 3 z-e d-t cr acrd-doe 5-malc e-this---1 tion must bereceroed byxhe, --_— -- city:mo later',than Septem, affidavit for and on behalf of Peninsula Daily { ber142005;inorder.tobe., News, a c o r e a rncluded '. r'a t i a ra, and that the following I `Additional in comment wiiithe staff reportbe -a r-e-w-i-t-h-i-n-h-er-ffi�-s-- er-s-on a-1 -1 - 1 accepted at the public hear T ingahat willbe,conducted by; .and actual .knowledge. i the,PORViANGELES .PLAN-' i"NINE COMMISSION:on SEP ( ( T:EMBER 14 3005 6 p:m _ _...-T-h-a-t--s-a-i d-c-or e-r-a t-3 a-n 1-s---t-h-e---ownner---a-nA -u I i s h e - City Han Infom,ation:may - p be reviewed',at the City,De-; of the Peninsula Daily News published 1 n { 4partment of Community u& Economic Developmeo,Xity Clal lam. Jefferson Counties, and had been approved 1 Hall, 321 East;Ffth"Street; ----a-s----a--1-e-g-a 1--n-e w s-p-a-p-e.r--b-y or d-e T'-6--F:t-h-e---Sp uer - -i-o-r -. accessible to Port Angeles: pCity Hall is-- �--.. .persons with Court o f said C 1 a l l a m/J e f.f e rs o n County of ,the ( i disabilities. Interested par State of Washington... ties are invited to attend,the 1 1-meeting. . ------Th-a-t--t-h-e—a-n-n-a-x-e-d 1-5=7a--t-rtJf—c--o-p-y--o-f—c3--1-e-gr3I { STATE ENVIRONMENTAL: POLICY ACT: It is 'anticipat insertion as it was published in regular issues I ed thata determination of non.significance (DNS) .will (and not in supplement form) of said newspaper I be,issued,for the,.proposal following the'required review ----- T . period;which will expire on during a 1 l ,o f said p e r i o d. The p u.b l.i s h i n q. date I ,:September 114,;2005, per cited is the last day of puba'icat`ion.. I APPLICANT:` 1-355. --- --- - ----- --- KRISTINA t1ARSEN i�_LOCATION — ( 123;Forest Avenue t f For further giforrtiation con- 1 jjt6c0,Sue'�Roberds {360) - - ----- T, 417-475A "Pub :August 30 2005 leg PUBLISHED ON: 08/30 R. CO 1 �OTAR. , TOTAL COST: 55. 1,0 { = 08-05-:07 = --- FI-L-FD--ON:- - -- -48/34 -0s -- ( u, p.V-B_LA ,.G.z �A�7 F' .....•' '��� Subsc ibed and war o before me this da of O, WAS�' a'' �� 11 -j Notary Public .a n. and for the ,State of Was'hington.:resi.ding at Port Ange1e.s. s P0-) NGELES RT W A S H I N G T O N, U. S. A. DEPARTMENT OF COMMUNITY& ECONOMIC DEVELOPMENT TO: Planning Commissioners FROM: Sue Roberds, Associate Planner Community Development Coordinator DATE: September 14, 2005 RE: Conditional Use Permit- CUP 05-04 APPLICANT: Kristina Larsen OWNER: Same LOCATION: 123 Forest Avenue REQUEST: An accessory residential use in the RS-7 Residential Single Family zone. RECOMMENDATION The Planning Division recommends that the Planning Commission approve Conditional Use Permit CUP 05-04,citing 2 conditions,Xfindings,and 5 conclusions identified in Attachment A to this report. 12-- LOCATION AND SITE CHARACTERISTICS The subject property is 123 Forest Avenue and is located west of Laurel Street. The subject lot is 100'x 125'in size for a total of 12,500 square feet of area and is located in the RS-7 Residential Single Family zone. The single family neighborhood is developed with established residential structures. The subject site is developed with an existing single family residential structure and detached accessory building. The proposal would allow the construction of an accessory residential unit. The total of all structures on the site will not exceed the maximum 30% lot coverage. All structures on the site are, and will be, situated within established development standards for the RS-7 zone. Ms. Larsen was issued a home occupation permit in 2003 to conduct a single person beauty shop activity within the primary structure. That use remains in compliance with permit conditions to date. AGENCY COMMENTS The Public Works and Utilities Department will require separate water and electrical meters for the accessory unit. The Fire Department had no objections to the proposed use. Conditional Use Permit-CUP 05-04-Lars* • September 14,2005 Page 2 The Building Division of the Department of Community & Economic Development noted that a building permit will be required for the ARU. PUBLIC COMMENT Notice of the proposed activity was placed in the Peninsula Daily News on August 30,2005, with the site posted and notices mailed to surrounding property owners on August 25, 2005. No written comments were received on the proposal. 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 South Central Planning Area and designates the site as being Low Density Residential. 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 to be the most relevant to the proposal. Single family and multi-family residences are legitimate components of district development and 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 and surrounding properties as RS-7 Residential Single Family. Specific sections applicable to accessory residential unit development in the RS-7 are listed below for reference. 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 and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite- size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone..." PAMC Section 17.08.010(B)defines an Accessory Residential Unit(ARU) 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 single family 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 from 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 quarters for one family only. Individual bathrooms are not necessarily provided,but complete single kitchen facilities, permanently installed, shall always be I included for each dwelling unit. Conditional Use Permit-CUP 05-04-Lars* • September 14,2005 Page 3 Section 17.10.050 PAMC Proposed Residential Requirements Minimum lot area 7,000 sq.ft. 12,500 sq.ft. Minimum lot width 50' 100' Minimum setbacks -Front/rear 20' Min 20' Side 7' Min 7' Maximum lot coverage 30% 24% STAFF ANALYSIS Per PAMC 17.10.040(A), an accessory residential unit(ARU)requires a conditional use permit when proposed in a residential single family zone. The definition of an ARU does not define or limit whether or not the dwelling unit is occupied full or part time,nor who resides in the unit. In the proposed case, the intent is to house and care for elderly parents. However, the unit may be rented in the future. An ARU may be no larger than 50%the size of the primary unit. Separate utility connections will be required as a condition of approval.The existing single family residential structure has a building footprint of approximately 1560 square feet. The proposed ARU has a foot print of 660 square feet for a total proposed living area of 2980 square feet or 24%. It is possible that the ARU could be enlarged to be 780 square feet based on the size of the primary unit, which could bring the maximum lot coverage to 3100 square feet or 25%. PAMC 14.40.060(D)requires 2 off-street parking spaces for each residential unit for a total of 4 off-street parking spaces. As the site also accommodates a functioning home occupation use, the minimum parking area for the site is 6 off-street spaces. An established parking area is found at the rear of the site with access from the alley for up to 3 vehicles and a driveway/garage area is accessed from Forest Avenue with area for an additional 4 vehicles (1 in the garage and 3 in the driveway). STATE ENVIRONMENTAL POLICY ACT REVIEW AND COMPLIANCE A Determination of Non-Significance was issued by the City's Responsible Official on September 2, 2005,with regard to the proposal. This satisfies the City's responsibility under the State Environmental Policy Act(SEPA). Attachments: A-Conditions,Findings,and Conclusions in support of the proposal B-Comprehensive Plan and Zoning Code information C-Application T:\CUP\2004\CUP05-02Sextro.wpd Conditional Use Permit-CUP 05-04-Lars* • September 14,2005 Page 4 ATTACHMENT A CONDITIONS, FINDINGS,AND CONCLUSIONS IN SUPPORT OF CUP 05-04 The Planning Division recommends that the Planning Commission approve Conditional Use Permit CUP 05-04 citing 2 conditions, 9 findings, and 5 conclusions: Conditions: 1. Building permits must be obtained and separate water and electrical meters are required for each dwelling unit. Addressing for the accessory residential unit shall be clearly identified as 123 1/2 for emergency purposes. 2. Two (2) off-street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. Additionally, as long as the home occupation is active on-site, an additional two(2)off-street spaces shall be maintained within the dedicated parking area on the subject property for a total of six (6) spaces. Parking for the use must be located on the site. Findings: Based on the information provided in the Planning Division Staff Report for CUP 05-04 dated September 12, 2005, 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 condition of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Kristina Larsen submitted a Conditional Use Permit application for an accessory residential unit (ARU) on July 29, 2005, to allow the construction of a second residential use at 123 Forest Avenue. Ms. Larsen is the property owner. 2. The site is legally described as Lots 14 & 15 , Block 26, Fogarty and Dolan's Addition to Port Angeles and is found in the RS-7 Residential Single Family zone. The site is 1 00'x 125' in size for a total of 12,500 square feet in area. 3. The site is found in the City's South Central Planning Area. 4. A primary residential unit and a detached accessory structure are located on the site with access off the Fogarty/Forest Alley. The accessory structure is a garage that can accommodate one vehicle but is mainly used for storage purposes. Access to the main site also exists from Forest Avenue. 5. The applicant conducts a single person beauty shop use as a home occupation at the subject residence by a permit approved in 2003. 6. The Comprehensive Plan Land Use Map designates the site as Low Density Residential (LDR). Adjacent designations are LDR. The Comprehensive Plan's goals and policies have been reviewed with regard to the proposed application and the policies identified in Attachment B to this staff report appear to be the most relevant to the proposal. Housing Element policies(A.6 and B.6)and Residential Goals(A.2 and C.2)specifically encourage accessory residential units in residential single family zones on a case by case basis. 7. PAMC Section 17.10.010 states the purpose of the RS-7 Zone as "a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which Conditional Use Permit-CUP 05-04-Larse* September 14,2005 Page 5 compatible with and functionally related to a single family residential environment may also be located in this zone..." The RS-7 zone standards are further defined in Attachment B to this report. 8. The existing single family residential structure has an building footprint of approximately 1560 square feet. The existing accessory structure is 760 square feet in size for a total lot coverage of 24%. The proposed accessory residential unit is 660 square feet in area for a proposed total square footage of 2980 or 23%. A ARU maybe 50%the size of the primary unit. The applicant has indicated a desire to somewhat enlarge the ARU to accommodate furniture placement. A maximum lot coverage of 30% is permitted in the RS-7 zone. 9. Port Ans4eles Municipal Code (PAMC) Section 17.10.010 states the purpose of the RS-7 Zone as"a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone..." PAMC Section 17.08.025(Jl defines a dwelling unit as "one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities,permanently installed, shall always be included for each dwelling unit. " PAMC Section 17.08.010(B)defines an Accessory Residential Unit(ARU)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 single family 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 from the primary residential service and has a separate address. " 10. Notice of the proposed activity was placed in the Peninsula DaiNews on August 30,2005, with the site being posted and notices mailed to surrounding property owners on August 25, 2005. No written comments were received on the proposal. 11. The City's Responsible SEPA Official issued a determination of nonsignificance for the proposal on September 2, 2005. 12. New residential development in the RS-7 zone is subject to the design and dimensional requirements set forth under PAMC 17.10.050, which includes minimum setbacks and maximum lot coverage. Development standards for residential activity in the RS-7 zone includes 20-foot minimum front and rear yard setbacks, 7-foot side yard setbacks, and 13 foot corner side yard setbacks with a maximum of 30% lot coverage. Conclusions: Based on the information provided in the Department Staff Report for CUP 05-04 dated September 14, 2005, 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 condition of approval and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. The proposal is consistent with the intent of the Comprehensive Plan's Low Density Residential Land Use Designation, the Comprehensive Plan's Land Use Element Policies A.2, and C.1, and Housing Element Policies A.6, and B.6. Conditional Use Permit-CUP 05-04-Larsi • September 14,2005 Page 6 2. As conditioned, the proposal is consistent with the City's zoning regulations, specifically with Section 17.10.040(A)PAMC Accessory residential uses as conditional use permits in the RS7 zone and as defined in 17.08.010(B)PAMC which defines an accessory residential unit. The use is in compliance with the purpose of the RS-7 Single Family zone and densities permitted within the RS-7 zone. 3. The proposal is consistent with the requirements for approval of a conditional use permit specified in PAMC 17.96.050. 4. The use is in the public interest as it allows for a variety of housing opportunities. 5. The City's responsibility under the State Environmental Policy Act in review of the proposal has been satisfied. Conditional Use Permit-CUP 05-04-Lars* • September 14,2005 Page 7 ATTACHMENT B COMPREHENSIVE PLAN AND ZONING ORDINANCE INFORMATION COMPREHENSIVE PLAN 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. 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 A 6; Accessory residential units should be allowed in certain residential zones,upon approval of a Conditional Use Permit. Policy B 6; Adequate low and moderate income housing opportunities should be provided within the Port Angeles Planning Area. ZONING ORDINANCE 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 and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single family 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. Conditional Use Permit-CUP 05-04-Lars* • September 14,2005 Page 8 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 applications for Conditional Use Permits of uses 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. 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 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 located. From: Ken Dubuc To: SueRoberda Date: 8/30/052:34PM Subject: CUP 05-04 Sue, The Fire Department has reviewed CUP 05-04 for Larsen, and we have no objections. Our comment would be that the residence meet all applicable codes and that it meet standard addressing requirements. Thanks, Ken Dubuc, Fire Marshal Port Angeles Fire Department � � � � � ` � � � � �� -_l CITY OF PORT ANGELES NOTICE OF POSTING RE: I, JIM LIERLY state that on the day . /f 2005, I posted said notice., a true copy .of which ' s( hereto ttached and made a part hereof pursuant.,t Section 17 . . 140 of .tfe Port Angeles Municipal Code, as amend//e on the pro ty propos -' for a land use action. AM FF Subscribed to me this day of - � 2005 . (�\-P S• ®� NOTARY PUBLIC for t State of V s *'0 ° .00 �o� Washington, residing in Port AOS Angeles . 0 0806 •' �F '.• 24-4�• ,c Q WASH\NGS CITY OF PORT ANGELES NOTICE OF MAILING RE: / I, Sue Roberds state that on the day of - 2005, I mailed said notice, a true copy of which is here4 attached and made a part hereof pursuant to Section 17 . 96 . 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 City Hall . AF T Subscribed to me this day of (QJS= , 2005 . NOTARY PUBLIC for the State of Washington, residing in Port Angeles . �04EtR%N� v ,'•�OTAgy ;9a� MAR.1.2008nos S C� CITY OF PORT ANGELES PUBLIC NOTICE OF DEVELOPMENT APPLICATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that on July 29, 2005, the City of Port Angeles received a request to allow the construction of an accessory residential unit by conditional use permit in the RS-7 Residential Single Family zone. Interested parties are encouraged to comment on the proposal and may request a copy of the decision once it's been made. Written comments g e regarding the proposed action must be received b the g p P Y City no later than September 14, 2005, 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 SEPTEMBER 14, 2005, 6 p.m., City Hall. Information 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 September 14, 2005, per WAC 197-11-355. APPLICANT: KRISTINA LARSEN LOCATION: 123 Forest Avenue For further information contact: Sue Roberds, (360) 417-4750 PUB: 8/30/05 POST: 8/25/05 MAIL: 8/25/05 T:\NOTICES\Combopublichearing.doc Kathleen D. Williamson Susan G. Henning 201 Fogarty Ave. 119 Forrest Ave. Port Angeles, WA 98362 Port Angeles , WA 98362 i Edward D. Caulkins Robert R. Daugherty Keith & Kathryn Page 137 Fogarty Ave. 126 W. ,Fogarty Ave. 2420 S. Laurel St. Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 Carl A. Carlson Elvie A. Fosburg James M. Mahlum 129 Fogarty Ave. 124 Fogarty Ave. 2507 S. Oak St. Port Angeles, WA 98362 Port Angeles , WA 98362 Port Angeles , WA 98362 Francis J. Webster James T. Haguewood Betty J. Herr 1039 W. 5th St. 705 Christmas Place 132 Forrest Ave. Port Angeles, WA 98362 Port Angeles, WA 98362 Port Angeles , WA 98362 Donald A McInnes Kristi & Walter Meek Neil R. Hunnicutt 117 Fogarty Ave. 110 Fogarty Ave. 30 E1 Camino Dr. Port Angeles , WA 98362 Port Angeles, WA 98362 Sequim, WA 98382 Richard Jenson Robert -A. (•-Heyer, Jr.. Stuart T. Smith Margaret Womack P.O. Box 944 Karen A . Meyer 4524 S. :Reddick :Rd Forks, WA 98331 209 Forrest Ave. Port Angeles, WA 98362 Port Angeles, WA 98362 Clarence W'. Bear Russell L. Carlson 2318 S. Laurel St. 201 Forrest Ave. Port Angeles, WA 98362 Port Angeles , WA 98362 James T. Register Gary D. & Patricia Lloyd Betty Jane Nicholson 202 Fogarty Ave. 139 Forrest Atie. 2506 S. Laurel St. Port Angeles , WA. 98362 Port Angeles, WA 98362 Port Angeles , WA 98362 Michael A. Green Edward H. Ryan Gloria C. Ferguson 140 Fogarty Ave. 135 Forrest Ave. 2513 S. Oak St. Port Angeles , WA 98362 Port Angeles, WA 98362 Port Angeles , WA 98362 Robert D. Bailey David A. & Sharon Roberts William E. Prentiss 134 Fogarty Ave. 131 Forrest Ave. 137 Columbus Ave. Port Angeles , WA 98362 Port Angeles, WA 98362 Port Angeles, WA 98362 CITY OF 0)Ri - E T. ............ N. GELES A A, 1- WASH I N GTO N, U. S. A. MEMO August 25, 2005 To: Department of Ecology, SEPA Division DEPARTMENT OF From: Sue Roberds, Associate Planner COMMUNITY& ECONOMIC Subj: SEPA Project Review- Larsen DEVELOPMENT 123 Forest Avenue Mark E.Madsen Enclosed you will find a SEPA Checklist submitted in association with a conditional use Director Direct 04 permit for an accessory residential use within the City of Port Angeles. The notice of 417-48 development application and environmental checklist are being forwarded to you under Nathan West the WAC 197-11-355 optional review process. The City will not issue a threshold Principal Planner determination for 15 days from the mailing of this notice. This may be your only 417-4751 opportunity to comment on potential impacts of the application. Sue Roberds, please forward our comments to the Cit Department of Community & Economic Assistant Planner y Y P Y 417-4750 Development, P.O. Box 1150, Port Angeles, Washington, 98362, no later than September 12, 2005. Please don't hesitate to contact this department if you have any Scott Johns, questions. Associate Planner 417-4752 Thank you. Jim Lierly Building Inspector 417-4816 , Sue Roberds, ssociate Planner/Community Development Coordinator Enclosures o • • io NGELES T ,- P"I-' A-- W A S H I N G T O N, U. S. A. COMMUNITY & ECONOMIC DEVELOPMENT Date: August 25, 2005 To: Fire Department Public Works and Utilities Department From: Sue Roberds, Associate Planner Subject: Conditional Use Permit- CUP 05-04 LARSEN- 123 Forest Avenue Please review the attached conditional use permit application and forward your departmental comments and/or conditions for review as soon as possible. We are slipping this onto the September 14 Planning Commission meeting. Thank you. Attachments File Recpt# APPLICANT/OWNERRIINFORMATION: �, ) Applicant: Address: S ' 2 3 RnZ( 6 ( 8")e 'I Daytime phone #: *Applicant's representative (if other than applicant): Address: Daytime phone #: Property owner (if other than applicant): Address: Daytime phone #: PROPERTY INFORMATION: �] , 1 Street address: 1�3 M r �' I V 0' Legal description: _mytVeil LM5 /`7 It-l5 TLZ Zoning: Comprehensive Plan designation: Property dimensions: ( - Property area (total square feet): Physical characteristics (i.e., flat, sloped, vacant, developed, etc.): 'rr" PROPOSED USE INFORMATION: Please describe the proposed use: Number of employees: ry)p� Hours of operation: Number of on-site parking spaces: Number of off-site parking spaces: Building area (total square feet of floor area for the proposed activity): 660 SIGNATURES: Applicant: l certify that all of the above statements are true and complete to the best of my knowledge and acknowledge that wilful misrepresentation of information will terminate this permit application. 1 have read this application in its entirety and understand my that submittal will be reviewed for completeness and, if found to be complete, will be scheduled for the next avai able Planning Commission meeting. �y Applicant's Signature Date Owner's Signature (if other than applicant): Date 1� a 4 0 J� L-A ui v ti A X vitT � � U ry(car i ' ROE ( CC\ z-72 �— c 3 1 Z3 Foc'es-i wE i i r Sou I IA I uh S3 / 7 70