2017-01-17-minutes-200pm-public-hearing

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01/17/2017 MINUTES 3 CHAIRMAN JEWELL reviewed the hearing procedures. JEFF SLOTHOWER, ATTORNEY representing the Webb’s reviewed the motions filed with the County. He said they believe the appellants do not have standing and the appeal fails to comply with Chapter 15A.07 of the Kittitas County Code. NEIL CAULKINS, DEPUTY PROSECUTOR explained the motions should be taken up first prior to consideration of the appeal. MR. SLOTHOWER reviewed information on their motion to dismiss the SEPA appeal due to lack of standing. RICH BROWNLEE, APPELLANT explained he has suffered from lack of sleep due to the noise being produced by the Party Barn across the street from where he lives. He is a farmer who wakes up at 5:00 a.m. and some of the parties have gone on until 1:00 a.m. and therefore it affects him not being able to perform his job. MOTION TO DISMISS SEPA APPEAL: COMMISSIONER O’BRIEN said he understood Mr. Brownlee’s concerns relating to the loss of sleep, but said it’s a limited operation such as 8 events per year, and questioned how much of an impact it has to his ability to farm. COMMISSIONER OSIADACZ said she reviewed the record and believes the applicant had met all of the criteria and SEPA requirements. CHAIRMAN JEWELL said he would like to hear the rest of the motion to dismiss, conduct additional research on the case law which had been provided, and deliberate at a later date. MOTION TO DISMISS THE CONDITIONAL USE PERMIT APPEAL: MR. SLOTHOWER reviewed information supporting their motion to dismiss the appeal of the Conditional Use Permit. He said according to KCC 15A.07.010(2) and the appellant did not specify reasons why the decision was wrong, nor did they provide a desired outcome or changes to the decision. He said there was no injury referenced by the appellant to rise to the level of standing and recommended the Board dismiss the appeal. MR. BROWNLEE submitted photographs into the record of the proximity from his home to the Webb’s Party Barn. He said the facility does not meet the criteria to have a Conditional Use Permit including keeping the peace (loud music, traffic, people talking, etc.). He reviewed the affects to farming in the area such as when trying to move equipment with increased traffic. He requested the Board allow for the appeal of the Conditional Use Permit. CHAIRMAN JEWELL noted there would be no new information provided relating to motions to dismiss. He said he would like to continue deliberation to a later date so he had additional time to review all of the materials.