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BOARD OF COUNTY COMMISSIONERS <br />COUNTY OF KITTITAS <br />STATE OF WASHINGTON <br />RESOLUTION NO. 2016-O.5L <br />A RESOLUTION RESCINDING ADMINISTRATIVE CONDITIONAL USE PERMIT <br />ACU -14-00005 <br />WHEREAS, Community Development Services (CDS) issued a State Environmental Policy <br />Act (SEPA) determination and an Administrative Conditional Use Permit <br />(ACUP) to Mr. McDonald for a marijuana growing and processing operation; and <br />WHEREAS, timely appeals were filed of both the SEP A determination and the issuance of the <br />ACUP; and <br />WHEREAS, after due notice, briefing, and hearing, the BOCC, on September 15, 2015 in <br />Resolution 2015-123, upheld the issuance of the SEPA determination and <br />remanded the issuance of the ACUP for determination if the application meets <br />county standards for provision of water under Ch. 13.35 KCC and review of <br />whether the application meets the criteria set forth in Ch.69.50 RCW and <br />Ch. 314.55 WAC -specifically whether the operation of Mr. McDonald is within <br />1,000 feet of a school; and <br />WHEREAS, Appellants McDowell timely filed an appeal under the Land Use Petition Act <br />(LUPA) which was dismissed because Resolution 2015-123 did not constitute a <br />final land use decision for purposes of LUPA; and <br />WHEREAS, on remand, CDS found that the "school" did not meet the statutory definition of a <br />school under Ch. 314-55 WAC and that the applicant had demonstrated adequate <br />provision of water; and <br />WHEREAS, the BOCC held continued hearings, after due notice, on March 15 th and 30th , <br />2016. <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The BOCC finds that McDonald filed a pair of building permits in 2014, neither of which <br />were ever appealed and so are now legally beyond challenge.