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Res-2018-225 Denial of Appeal
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2018-12-18 10:00 AM - Commissioners' Agenda
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Res-2018-225 Denial of Appeal
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Last modified
12/26/2018 2:14:46 PM
Creation date
12/26/2018 2:14:42 PM
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Meeting
Date
12/18/2018
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution Denying an Administrative Appeal by the Appellant and Upholding Community Development Services Approval of the Public Facilities Permit (PF-18-00001) and Associated SEPA DNS for the Upper County Public Works Maintenance Facility
Order
43
Placement
Consent Agenda
Row ID
50104
Type
Resolution
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and CONCLUSIONS AT LAW concerning said appeal: <br />1. Approval of the Public Works Maintenance Shop Public Facilities Permit and <br />associated SEP A DNS was issued by Community Development Services on August <br />15, 2018; <br />2. A timely notice of appeal was received by the Board of County Commissioners on <br />August 29 , 2018 from Duana Kolouskova for the appellant; <br />3. A public hearing was held by the Board of County Commissioners on December 4, <br />2018 where testimony was provided by the appellants and the County; and the Board <br />found that the Community Development Services had made the correct determination <br />consistent with KCC Title 12, 15, 15A, 17, and 17A, and that the application has met <br />all requirements set forth in KCC 17 .62 ; <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 CDS Staff Report thoroughly describes how the project comports with <br />county code, critical area regulation, SEP A and the comprehensive plan, along <br />with how CDS determined it to be in compliance as required by county code; <br />b. The Appellant argues there was a lack of public hearing . KCC 17.62.030 and <br />KCC Title 15A provide that a public facilities application is to be processed <br />administratively without a public hearing. As such, the process used for <br />consideration of this permit comports with county code; and <br />c . The Appellant has failed to shoulder its burden of proof. <br />5. At the December 4, 2018 public hearing, the Board passed a motion by a vote of 2-1 <br />to deny the appeal by the appellant and uphold the determination made by <br />Community Development Services. Commissioner Wright did not support the <br />motion. <br />NOW, THEREFORE BE IT RESOLVED: That the Kittitas County Board of Commissioners after due <br />deliberation and in the best interest of the public, does hereby deny the appeal by the appellant and <br />upholds the Approval issued by Community Development Services for the Public Works Maintenance <br />Shop Public Facility permit PF-18-00001 and associated SEPA DNS. <br />DATED this I r~t, day of '()tl'd:, d?'.L bctz , , 2018 at Ellensburg, Washington. <br />BOARD OF COUNTY COMMISSIONERS <br />,. '...A CO , WASHINGTON
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