HomeMy WebLinkAboutres2002-017WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2-C..02 ' 150
CLEARANCES
Initial
Dare
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Agenda Due
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origination
Elizabeth R Olsen
Feb.20,'03
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MAR 11 2002
WHATCOM COUNTY
COUNCIL
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Division Head:
Division
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Dept Head:
Hat H. Hart A. 1. CA
2
Prosecutor
Karen Feakes
PurchasinglKudgel:
Enecudve:
Peter Kremen
SUBJECT:
A Resolution adopting a recommendation for Open Space/Open Space
ATTACHMENTS:
Draft Resolution
Agency Report with attached Staff Report, Open Space Benefit Ratings and maps
Excerpts from Draft Planning Commission Minutes, December 13, 2001
SEPA review required? ( ) Yes ( X ) No
SEPA review completed? ( ) Yes ( N/A) No
Should Clerk schedule a hearing ? ( ) Yes ( X ) No
Requested Date:
SUMMARYSTATEMENT:
Of e one th OPEN SPA CE /OPEN SPA CEa application received, staff
PP JJ
recommends approval for the application.
Distribution Request
Indicate Nose who should receive a copy after Council action.
List specific names to the right.
ADS Fadlities Managrmene
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Jean Eastman
Andlror
Cooperative lineation
DH#iu Court
Execution
Health
Hearing Examiner
Jay
COUNCIL ACTION TAKEN:
2002- 150 312612002'. Amended and approved 5 -2, Cravdord, McShane
opposed Res. #2002 -017
Related County Contract #:
Juwage
Parks
Planning
Elizabeth Olsen
Prosecumr
Public Works
she^f/
Superlar Court
Treasurer
imer
Related File Numbers: OS 2001 -2
Ordinance or Resolution Number
(this item):
SPONSORED BY: consent
PROPOSED BY: Planning & Development Svcs
INTRODUCTION DATE: March 26 2002
RESOLUTION NO. 2002 -017
APPROVING AN OPEN SPACE /OPEN SPACE APPLICATION FOR
VICTORIA LUHRS
WHEREAS, The Planning Commission received one (1) application for Open
Space land tax assessment for review and recommendation pursuant to RCW
84.34: and
WHEREAS, pursuant to Washington Administrative Code (WAC) Section
197- 11- 800(6)(c), matters relating to Open Space taxation are determined not to
be major actions and are exempt from threshold determination and environmental
impact statement requirements of the State Environmental Policy Act; and
WHEREAS, pursuant to Revised
Code of Washington
(RCW) 36.70.390,
legal
notice was published in the Bellingham
Herald on November
29, 2001,
and a copy
of said notice was sent in a timely manner
to the applicant;
and
WHEREAS, on December 13, 2001, the Planning Commission opened the
public hearing on the application and received testimony from the Planning Division
staff regarding the proposed Open Space /Open Space application; and
WHEREAS, Open Space /Open Space evaluations are based on the Public
Benefit Rating System; and
WHEREAS, the Planning Commission recommended approval of the Open
Space /Open Space application for Victoria Luhrs; and
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WHEREAS, the Planning Commission forwarded its recommendation to the
Whatcom County Council; and
WHEREAS, the Whatcom County Council held a public meeting on March 26,
2002, to consider the Planning Commission's recommendation; and
WHEREAS, the Council after consideration of the facts and recommendations
presented moved to amend the Planning Commission's recommendation; and
WHEREAS, the Council moved to further condition the approval of the Open
Space /Open Space application for Victoria Luhrs; and
WHEREAS, the applicant herein has divided the land subject to the
application into two distinct areas, denoted as "Area A" and "Area B ", each having
different levels of public access, with "Area B" offering physical access to a beach
for recreational use by the public and Area A being offered to provide only visual
access without any physical access thereto by the public; and
WHEREAS,
certain
unpermitted structures may exist
within "Area B" which
would obstruct full
access
to that portion of the subject land
by the public; and
WHEREAS, the granting of this application as to "Area A" of the subject land
would frustrate and /or fail to fulfill the purposes, intent and relevant criteria of
chapter 84.34 RCW; and
WHEREAS, the granting of this application as to "Area B" of the subject land
would, in contrast, fulfill the purposes, intent and relevant criteria of chapter 84.34
RCW, so long as physical access is unimpeded by unpermitted or illegal structures
within the area; and
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WHEREAS, RCW 84.34.037(4) authorizes the granting authority to approve
applications with respect to only part of the land which is the subject of an
application; and
WHEREAS, RCW 84.34.037(4) empowers the granting authority to
conditionally approve applications;
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council:
1. The Open Space /Open Space application for that portion of the subject land
denoted as "Area A" is denied.
2. The Open Space /Open Space
application
for that portion of the
subject land
denoted in the application as
"Area B" is
approved subject to the conditions
recommended and the condition
that the
applicant removes all
unpermitted or
unlawful structures within "Area B."
3. The Whatcom County Assessor is directed to place that portion of the subject
parcel denoted as "Area B" into the appropriate Open Space /Open Space status
category.
APPROVED this ?6 day of March2002.
ATTEST:
Dana Brown- Davis, Clerk of the Council
APPROVED AS TO FORM:
g
David Grant, Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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