HomeMy WebLinkAboutord1990-0220010r �9
,YVf-IATCOM COUNTY COUNCIL AGENDA BILL NO.
Oriainator-
r +�Ak u � 1990
�--I WHATCOM COUNTY
3/13/90 Council /Intro
3/27/90 1 P &D /Council
SUBJECT: FILE NO: 03 -90:ZT AN ORDINANCE- AMENDING THE TEXT OF THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE, TITLE 20, TO MODIFY SECTION 20.80.220 REGARDING THE REVERSAL
OF SETBACKS IN THE SHORELINE AREA
ATTACHMENTS: Agency Report
Staff Report
Draft Ordinance
Public Hearing Needed? Yes / / No Al
SUMMARY STATEMENT: This text amendment modifies Title 20 regarding reversal of zoning
setbacks in the shorelines area so that it only occurs in those cases where the shoreline
setback.exceeds the rear or side yard zoning setbacks.
RECOMMENDED ACTION: Planning Commission and staff recommendation is for adoption of
ordinance.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
3/27/90 Passed
Related File Numbers: Ordinance or Resolution Number: 0 90 -22
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FILE REF: 03 -90:ZT INTRODUCED BY: Consent
PROPOSED BY: PLANNING
DATE: 3/13/90
ORDINANCE NO. 90 -22
AN ORDINANCE AMENDING THE TEXT OF THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, TO MODIFY SECTION 20.80.220 REGARDING THE REVERSAL OF
SETBACKS IN THE SHORELINE AREA
WHEREAS, Jack Swanson has applied for a text amendment to Title 20 to modify the
language regarding reversal of zoning setbacks in the shorelines area so that it only
occurs in those cases where the shoreline setback exceeds the rear or side yard zoning
setbacks; and
WHEREAS, pursuant to RCW 36.70.590 and Council directive legal notice was
published in the Westside Record Journal and the Lynden Tribune on February 7, 1990;
and in the Bellingham Herald on February 10, 1990; and
WHEREAS, a Determination of Non Significance was issued by the Deputy SEPA
Official on January 23, 1990; and
WHEREAS, the Planning Commission held a public hearing on this matter on February
20, 1990; and
WHEREAS, the Planning staff made a favorable recommendation after working with
the applicant on additional refinements; and
WHEREAS, after accepting public testimony and due deliberation the Planning
Commission recommended approval of the text change with minor modification; and
WHEREAS, the Council held a public meeting on March 27, 1990, to consider the
Planning Commission recommendation.
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
1. Title 20 is hereby amended as follows:
Modify:
20.80.223 MEASUREMENT OF SETBACKS
.223 For purposes of -thi s S@Gti en, front yard RptlaEk standards shall apply to the
Irl'J +�Nf Nr1n+ �;rto „f +ho �r,� end i;h� �ee'k`" „� sei�ac-ks shall apply to the s `"2e
rr a v c rI 1-11- . A M o��rrc —r lot, rte- apply r
do- of 1;he 1e for lets within thejurTs�Tctn -Gf t:ho sh�elline
� r vc o r
administrator may waive the setback reversal requirement of this section upon
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FILE REF: 03- .1:ZT
Page 2
2. The Council finds the public health, safety and general welfare are promoted by
this change.
3. The Council adopts the following findings and conclusions developed by the staff
and the Planning Commission:
FINDINGS
A. The modifications made in 1987 regarding setback reversals along shorelines were
a major improvement to the existing regulations, but created some additional
unforseen problems.
B. The proposed regulations eliminate the mandatory reversal unless the shoreline
setbacks are more severe than the zoning setbacks. This addresses the situation
where there is a separate property,between the ordinary high water line and the
property under consideration which may consume most of the shoreline setback.
C. The proposed regulations acknowledge that a property may front shorelines on more
than one side.
D. The proposed regulations also provide the ability to grant relief to the reversal
requirement if there was an unforseen situation when the property owner preferred
to accept the standard setbacks and no negative impact would occur to adjacent
properties.
18 11 CONCLUSIONS
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The modifications made in 1987 were an improvement to the code; the proposed
regulations are a refinement that would eliminate some of the problems created by
those modifications and should provide enough flexibility to preclude future unforseen
problems.
4. Adjudication of invalidity of any of the sections, clauses, or provisions of this
Ordinance shall not affect or impair the validity of the Ordinance as a whole
or any part thereof other than the part so declared to be invalid.
PASSED this 27th day of
ATTEST:
14�1- x2ee'_,��
Clerk of the Council
March
1990.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, INGTON
nald G. Ha ey C airpers
(✓f APPROVED ( ) VETOED
V 4zL
Shirley Van Zanten, ounty Executive
APPRO AS TO FORM:
Date 3
obert A. Carmichael, Civil De uty Prosecuting Attorney