HomeMy WebLinkAbout01-008RESOLUTION NO. 01- Or9 ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
REFERRING THE REAL SOLUTIONS CANNERY RESTORATION
SUBSTANTIAL DEVELOPMENT/CONDITIONAL USE PERMIT
APPLICATION, LUP 01-003, TO THE PORT TOWNSEND HEARING
EXAMINER IN ACCORDANCE WITH PTMC 20.01.045
The City Council of the City of Port Townsend, Washington, does resolve as follows:
WHEREAS, on January 18, 2001 Real Solutions/MacroSystems submitted an
application to restore the vacant Cannery building to house office space and a food stand
and to add an over-the-water deck for public access. The Cannery is a legal non-
conforming over-the-water structure situated on Quincy Street between Port Townsend
Bay and the Waterman & Katz Building on Quincy Street. The application has been
deemed complete by the Building and Development Department
WHEREAS, the City's Building and Community Development Department (BCD) has
determined that the restoration project requires a substantial development and conditional
use permit, reviewable under the Washington State Shoreline Management Act, Chapter
90.58 RCW, and
WHEREAS, Section 20.01.045 of the Port Townsend Municipal Code (PTMC)
authorizes the City Council to refer "Type III" permit applications to the hearing
examiner where the Council finds that the application may involve potential appearance
of fairness concerns for involvement of the Council and/or Planning Commission, and/or
when the Council finds any particular application to involve complex legal, factual and
planning issues, necessitating special expertise in the decision maker; and
WHEREAS, the City Council hereby finds that the Real Solutions Cannery Restoration
Application, LUP 01-003, involves legal, factual and planning issues pertaining to the
Shoreline Management Act, which issues are best resolved by a hearing examiner; and
WHEREAS, the decision to refer any application to the examiner in accordance with
Chapter 20.01 PTMC is exclusively within the discretion of the City Council. The
Council hereby finds that referring this application to the examiner as the final decision
maker best serves that goals and policies of the City to provide and ensure substantial
procedural and substantive due process rights for all potential parties,
NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of
Port Townsend as follows:
1. Council refers the Real Solutions Canner Restoration application LUP 01-003,
to the hearing examiner in accordance with PTMC 20.01.045.
2. This Resolution shall not be construed by any party as any admission by the
City Council or the City of Port Townsend of any appearance of fairness
1 Res. 01- 670 a°
concerns with respect to any permit application described herein, the
admission of which is expressly denied. Further, this resolution shall not be
construed by any party as any decision or comment by the City Council or the
City of Port Townsend regarding the merits or issues involved in any permit
application described herein. It is the Council's express intention that such
permit applications shall be reviewed and decided in accordance with all
applicable plans, policies, ordinances and laws.
ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor
this 5th day of February 2001.
-Para Kolacy, Cit[ Cler~~k
By:
Ma
John Watts, City Attorney
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Res. 01- C/Off'