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Hearing Examiner: Mitchell P. Delabarre
Planning Staff: Scott Clark, Director, Hector Torres, Kent Zeimer, and Kevin Cricchio, Project Planner’s
Secretary: RoseMary Dart


JULY 16, 2003
12:00 NOON.

Mitch Delabarre calls the meeting to order at 12:00 p.m.

Mr. Delabarre states general order of items.

Mitch reads a disclosure statement into the record
My name is Mitch Delabarre and I will be conducting the hearing today as Hearing Examiner. I am an Attorney with Jeffers, Danielson, Sonn & Aylward. An Attorney from my firm is representing Grant County in a pending litigation matter. I am not involved in that matter nor am I familiar with any of the facts. The representation in that case is unrelated to any issues I will address as Grant County Hearing Examiner and will have no impact on my decision-making. Would anyone like to comment on this disclosure?

The audience has no comments.

Mitch swears in the audience.
Do you hereby swear or affirm under penalty of perjury under the laws of the State of Washington that the testimony you give is truthful and accurate to the best of your knowledge and Belief? Audience answers in the affirmative.

1. PUBLIC HEARING - Gordon and Eileen Harang. - Conditional Use Permit to the minimum size for an accessory structure in the Rural Village Zone of Grant County. The Proponent is seeking to construct a 3600 square foot Airplane Hanger.

FILE NO. 03-3627
S. 23, T. 14 N, R. 23 E

Kent presents the staff report along with Agencies/Department and public comments that have been received. Kent asks if Mr. Delabarre has any questions.
Mr. Delabarre states he has no questions.

Mr. Delabarre opens the public hearing and asks if there is anyone who would like to comment.

Chris Knutson, Quincy, Washington, previously sworn. States that he is the builder of the hanger and states that the lot at Desert Aire is designed for Airplane hangers. There is adequate space for septic systems even though the hanger is larger then normal. There are twenty existing airplane hangers in the same area. This particular lot and the adjacent lot are on the taxiway of the airport itself so it is specifically designed for this use. The owner will meet the other four requirements for fire codes and property line setbacks.

Mr. Delabarre asks if there are any other comments regarding the Harang Conditional Use Permit application?

Mr. Delabarre closes the public hearing.

Mr. Delabarre asks Mr. Zeimer if he has any additional comments.
Mr. Zeimer states no.

Mr. Delabarre-That will conclude our first agenda item our second is The Lakeview Golf and Country Club. Mr. Torres will present the staff report.

2. PUBLIC HEARING – Lakeview Golf & Country Club - Conditional Use Permit for the placement of a 30’ x 150’ golf cart storage building in the Urban Residential 2 Zone of Grant County.

FILE NO. 03-3605
S. 25, T. 22N, R. 26E

Hector Torres presents the staff report along with Agencies/Department and public comments that have been received.

Mr. Delabarre asks if Mr. Torres has taken the oath.

Mr. Torres states yes.

Mr. Torres states there was an issue as to which parcel the building was being placed. Hector explains he has pictures of the site and where the building will be placed but the parcel number has not been clarified. It will be clarified before any building permits are signed.

Mr. Torres brings up significant staff comments pursuant to Grant County code 23.04.100, nonconforming uses are permitted to expand subject to a conditional use permit. No agency of jurisdiction or member of the public expressed adverse comments regarding this proposal. That comment has to be clarified. A letter was received which is in the supplemental information portion at the end of the Staff Report from Mary S. Meldrum regarding her opinion on the proposal. Mr. Torres asks Mr. Delabarre if he would like that read into the record.
Mr. Delabarre states no he has noted it.

Mr. Torres – The new golf cart storage building will be placed next to the existing golf storage building. No adverse comments were received from The Washington State Department of Fish and Wildlife regarding impacts to critical areas. It is not considered a substantial change to the existing development and use of a Golf Course with supporting facilities.

Hector reads the Staff Analysis: Although the UDC generally contemplates that nonconforming uses and activities are allowed to continue until they are removed as to not encourage their expansion, the Code also expressly provides a mechanism for their expansion, modification and intensification (GCC 23.04.100(d)) provided that the development meets specific criteria and conditions. In this case, the development appears to meet the requirements of 23.04.100(d) in that it will not increase any nonconformity with regard to the “requirements of the GCC” (Development Standards, 23.12) or Critical Areas regulations. In addition, the proposal will be contained within the existing property boundaries and will be consistent with the “development standards” of the UDC upon completion of the required development applications. Based on review of the Comprehensive Plan and Unified Development Code, it is Staff’s opinion that there are no substantive inconsistencies within the text if 23.04.100 as it relates to the provision of expansion, modification or intensification of nonconforming uses that would preclude the Hearing Examiner from considering approval of this project.

Hector reads Staff Recommendation: Based on the above review, comments and analysis, staff finds the proposed development to be consistent with the purpose and intent of the Comprehensive plan as well as the requirements of the Unified Development Code. Therefore, Staff recommends approval of the application subject to the suggested conditions of approval.

Hector asks if Mr. Delabarre would like to see the pictures.

Mr. Delabarre states he has pictures but would like Hector to explain if the new cart storage area is comparable in size to the existing cart storage area.

Hector states he is not sure how big it is.

Mr. Delabarre then asks if that is the site where the new structure will go.

Hector states yes where the ground has been leveled.

Mr. Delabarre states he has no further questions.

Mr. Delabarre calls Mr. Wallace on behalf of the Proponent. He asks Mr. Wallace if he has taken the oath.
He states he did.
Nick Wallace on behalf of the Proponent, with Schulties and Tabler and I’ve been sworn. He states that more golf cart storage is needed at the Club. To address the specific question the storage that will be built will be similar in size, appearance, look, to the existing storage. The Hearing Examiner should give substantial discretion to the opinions of Staff. The Staff regularly work on a daily basis with the code and have intimate understanding of it. The Staff’s conclusion is that this project complies with all the rules, regulations, and criteria for issuance of Conditional Use Permit. Nick asks to see the letter from Mary Meldrum to see if there was anything he needed to address for the record. One of the problems is the Country Club has been zoned Urban Residential and the proper solution would be to rezone the property. That process would take more that a year so for a interim fix the best that the Staff and Mr. Wallace could come up with was a CUP process and clearly the code provides for the expansion of non-conforming uses, which is what they have in this case.

Mr. Delabarre – Has Mr. Wallace review the letter. And opens for public hearing. Asks if anyone would like to comment. No public comments. Public hearing closed.

Nick Wallace states he has reviewed the letter from Mary S. Meldrum

3. PUBLIC HEARING – Consolidated Disposal A Conditional Use Permit to permit the construction of truck-wash/gas station, scale house and proposed for future construction, recycling building, and waste transfer/truck maintenance building (27,800± square feet) in
the Urban Heavy Industrial Zone of Grant County.

FILE NO. 03-3618
S. 27, T. 20N, R. 28E

Meeting adjourned at ???? p.m.

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