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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 o 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 Page 1 Resolution 02-026 o 10. 11. 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. ' Co 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. Page 2 Resolution 02-026 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 Page 3 Resolution 02-026