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<br /> <br />further subdivision nor allowed for an ADU; and <br />WHEREAS, due notice of a hearing to consider the appeal was provided as required by law and <br />published in the official county newspaper of record; and <br />WHEREAS, a public hearing was held by the Board of County Commissioners on September 18, 2018 <br />where testimony was provided by the appellants and the County; and the Board found <br />that the Community Development Services Planning Official had made the correct <br />determination consistent with KCC 16.09 and KCC 17.29 that the overall density of the <br />Nelson Agricultural Short Plat had been used and that lot 2 was not eligible for further <br />subdivision nor allowed for an ADU; and <br />WHEREAS, at said public hearing the Board of County Commissioners further found that the <br />Appellant failed to meet their burden of proof to prove that the County’s decision was <br />wrong pursuant to KCC 15A.07.010(2)(c). <br />WHEREAS, the Kittitas County Board of Commissioners passed a motion by a vote of 3-0 to deny the <br />appeal by the appellant for failure to meet their burden of proof and uphold the <br />determination made by the Community Development Services Planning Official; and <br />WHEREAS, the Kittitas County Board of Commissioners make the following FINDINGS OF FACT <br />and CONCLUSIONS AT LAW concerning said appeal: <br />1. An administrative decision was made by Lindsey Ozbolt, Community Development <br />Services Planning Official, on June 7, 2018 determining that the overall density of <br />the short plat had been allocated and utilized, and that lot 2 was not eligible to be <br />further subdivided nor allowed for an ADU. <br />2. A timely notice of appeal was received by the Board of County Commissioners on <br />June 21, 2018 from Pat Kelleher for the appellant. <br />3. On September 18, 2018 the Board of County Commissioners held a public hearing to <br />consider the appeal. Testimony was provided by the appellants and the County. The <br />Board found that the Community Development Services Pl anning Official had made <br />the correct determination consistent with KCC 16.09 and KCC 17.29 that the overall <br />density of the Nelson Agricultural Short Plat had been used and that lot 2 was not <br />eligible for further subdivision nor allowed for an ADU. <br />4. At said public hearing the Board of County Commissioners further found that the <br />Appellant failed to meet their burden of proof to prove that the County’s decision <br />was wrong pursuant to KCC 15A.07.010(2)(c) and denied the appeal based on the <br />following reasons: <br />a. The applicable regulation, Chapter 16.09 KCC, limits the number of dwellings to <br />that of the underlying zone (which are already present). <br /> <br />b. The County indicated the need to conform to the regulations regarding