HomeMy WebLinkAbout02-026Resolution No. 02-026
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND DENYING, IN PART, AND UPHOLDING, IN PART,
APPLICATION NO. LUP02-024, AN APPEAL OF A TYPE III HEARING
EXAMINER'S DECISION ON A SHORELINE SUBSTANTIAL
DEVELOPMENT/CONDITIONAL USE PERMIT, APPLICATION
NO. LUP01-068
The City Council of the City of Port Townsend, Washington resolves as
follows:
FINDINGS OF FACT
Mr. Jack Theis, on behalf of himself and others in the Lincoln Beach
Homeowners Association, petitioned the City for Shoreline Conditional
Use Permit approval (LUP 01-068) to allow construction of a 375-foot
long shoreline protective berm adjacent to four residences and a portion
of city-owned right-of-way along Lincoln Beach; and
The application was originally submitted on or about July 18, 2001 by
Coastal Geologic Services, Inc., acting as agent for the Lincoln Beach
Homeowners. The application was vested under the current rules then in
effect; and
Shoreline Conditional Use applications are reviewed as Type III land use
permits, pursuant to Port Townsend Municipal Code (PTMC) 20.01.
Type III permits require a Notice of Application and one open-record
public hearing before the Port Townsend Hearing Examiner; and
A Notice of Application and Pending Threshold Determination was
posted at or near the site, advertised in the local paper and mailed to
neighbors within 300-feet of the property on August 15, 2001. The
Notice of Application generated a number of written responses from the
public. Based upon these comments, the Building and Community
Development (BCD) Director requested additional information from the
applicant; and
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The applicant responded to BCD's request for additional information on
January 9, 2002. Satisfied with this resPonse, the BCD Director issued a
State Environmental Policy Act (SEPA) Mitigated Determination of
Non-Significance (MDNS) on February 6, 2002. The MDNS appeal
period ended on February 21, 2002 with no appeal being filed; and
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A March 28, 2002 open-record hearing was conducted before the City's
Hearing Examiner, who issued a conditional approval of the shoreline
project on April 4, 2002. The decision was mailed to parties of record
in accordance with PTMC 20.01, along with notice of the April 23, 2002
deadline for any appeal; and
On April 23, 2002, a timely appeal of the Examiner's decision was filed
by Ms. Sara Peach Westall. In her submittal, the appellant specified
three (3) issues she sought to have changed in the Examiner's decision.
In sum, the appellant requested changes as follows:
Modify Condition No. 2 to read "Due to the fragile nature of this
undisturbed area, no permission is granted to remove materials
from the beach or beach area owned by Westall. "
Add a new condition to read "The common property line between
the Westall and Lynn property shall be staked by a licensed
surveyor clearly showing the common boundary line where (1) it
intersects the Lincoln Beach Road Loop and (2) where the
property line intersects the OI-IWM. '
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Add a new condition to read "No land disturbing activities are to
take place, including people and/or machinery, on the Westall
property as defined by the survey markers; ' and
On May 13, 2002, the City Council held a closed record public hearing
for the purpose of considering the Westall appeal, as well as evidence in
the record including any written comments and/or public testimony
received in accordance with PTMC 20.01.050. Both the appellant and
the project proponent submitted additional written comments, all of
which were accepted by the Council as evidence during the closed-record
hearing; and
The written comments from the shoreline project proponents indicated
no objection to appeal issues No. 1 and 3, while still objecting to
appeal issue No. 2; and
The City Council found that such agreement between the parties on
appeal issues No. 1 and 3 should be reflected in the Examiner's
decision; and
The Council also found that previous licensed survey information had
been performed in the immediate area and that no new licensed survey
work was necessary, as requested in appeal issue No. 2.
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DECISION
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Port Townsend that appellant issues No. 1 and 3 are approved, and
appellant issue No. 2 is denied. The Hearing Examiner's decision on the
matter, dated April 4, 2002 is hereby modified as follows:
Condition No. 2 is modified to read "Due to the fragile nature of this
undisturbed area, no permission has been granted to remove materials from
the beach or beach area owned by Westall. "
A new condition, Condition 2.a, is added to read "No land disturbing
activities are to take place, including people and/or machinery, on the
Westall property."
BCD staff is hereby directed to incorporate the above conditions into a
permit revision to the Shoreline Conditional Use Permit and submit the same to
the Washington State Department of Ecology (Ecology) for its review. Upon
receipt of Ecology's decision on the shoreline revision, and after exhausting of
any state prescribed appeals periods or procedures, the Shoreline Conditional
Use Permit application shall be deemed approved.
ADOPTED by the City Council of the City of Port Townsend at a
regular meeting thereof, held this third day of June 2002.
Attest:
Approved as to Form:
Pamela Kolacy, CMC, City Cleric
John P. Watts, City Attorney
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