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HomeMy WebLinkAbout517 E. 4th Street 517 E 411 Street CUP 07-07 0 RT NGELES 1' A, 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 ry) 12-b 0 Number of employees: Hours of operation: _1VA Number of on-site park...9 spaces: 4i 0 14 L 0 1- /AT 76) .190D 2 Al �Yllr cdl� 7-o 7-Hf 7-1111& Pl� 7 0 - 00 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 Add. Info requested Serve(- f-4;p c4y 1"lle Z3 C4 -Z r kxdol rc� evt 7-E 4,,V -7 q JTI TF TITJI 'A(I s 7,A f-R 4 cl' OFIL-146S llr Flooq S -7 C- a, Po'gr 11"16-tiD C,�,l /-" C)/ IL S' CFILIV&j; Z�'-P r-Loop S, 7 1/ x r Ay rn t-ts W.4 li z closer —UP Ae c t1i" O-S dw Li v T Ip 0 i2i Re -F-4 '6 (/,Vo Irlo'r ---------- 4t- ftl AT Z'W ........ ........ 14' Vz�, c4, W.1411-E-K 4W AW ,MON", lq�mbzk& NO .1k obi Filing Fee: *$250.00 PORTAMULE1 *Admin. $100.00 WASH ] NGTON, U. S. A. 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.) //,�I e - 7%C, C-J 0 U 6 SC/0 JC4 C e T 7% ca- ixp C/C�/0 fro 101�,t 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 -rA>,- P"g/?C E L 06 -30-00-,5--Z --65-9�L - 6700&- Ij-^ f4e 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 1,"le —`0 �PC4es� rnfrj to cove-ed e I t 5 ower (In T 4r.. <�—pele yo ei� cr R f (rCRESS 6,t Tc>O-A, s?c;o e.vf st,I rs c,,,'/ (Y) 1�4 ton 444 Ld 00 cz -,E- J ............ .......... .......... .......... Te�r ------------------------- oe- Po. �Illj\ r7l IVI U--j- s 714 c c ale Z� Cl! c L I rtool? Fl iv� Do 8' Ck L 11V L o(2p f I c AY F 007iR /* L4 4P c //V Wt., Al�