HomeMy WebLinkAboutRes-2018-157 Appeal DenialBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2018 -/ 5° 'J:
DENIAL OF AN APPEAL OF AN ADMINISTRATIVE DECISION REGARDING THE
DENSITY ALLOWED ON LOT 2 OF THE NELSON AGRICULUTURAL SHORT
PLAT AKA JN AGRICULTURE SHORT PLAT (SP-15-00010)
WHEREAS, the Nelson Agricultural Short Plat AKA JN Agriculture Short Plat (SP-15-00010) was
granted conditional preliminary approval on October 26, 2016 for 3 lots on
approximately 58 acres utilizing Kittitas County Code (KCC) 16.09. The lots range in
size from 6 acres to 44.11 acres and are located off of Wilson Creek Road and Rader
Road within Section 17, Township 18 North, Range 19 East, W.M.; and
WHEREAS, the Nelson Agricultural Short Plat Findings of Fact were issued on June 14, 2017 and the
mylar was recorded on June 15, 2017 with recording number 201706150021. Each of the
three lots created contain an existing single family residence as shown on the face of the
recorded short plat; and
WHEREAS, a preliminary site analysis (PSA) application was received by CDS on April 24, 2018
(PSA-18-00186) from Nick Zito and Kathleen Kelleher requesting review of a proposed
single family residence to be constructed on parcel number 960432 AKA lot 2 of the
Nelson Agriculture Short Plat; and
WHEREAS, on May 3, 2018 the PSA report was issued that included the following staff comment
under the zoning heading "Agriculture 20. Prior to building permit issuance,
documentation will need to be provided demonstrating modular home consistency with
KCC 17.08.500 Special Care Dwelling, and 15.15.060.1 and applicable footnote (#30).
An Accessory Dwelling Unit (ADU) is not allowable given the density of the Agriculture
Plat development"; and
WHEREAS, a meeting was held with Patrick Kelleher (Kathleen's father) and consultant Doug Stalder
on May 11, 2018 to review the PSA report; and
WHEREAS, on May 16, 2018, Pat Kelleher requested, via email, an administrative determination
regarding allowing two dwellings on lot 2 of the Nelson Agricultural Short Plat; and
WHEREAS, on June 7, 2018, Lindsey Ozbolt, Community Development Services Planning Official,
made an administrative decision that the overall density of the short plat had been
allocated and utilized, and that lot 2 was not eligible to be further subdivided nor allowed
for an ADU; and
WHEREAS, on June 21, 2018, Pat Kelleher submitted an appeal of the Planning Official's
Administrative Determination that the overall density of the Nelson Agricultural Short
Plat had been allocated and utilized, and that lot 2 of the short plat was not eligible for
further subdivision nor allowed for an ADU; and
WHEREAS, due notice of a hearing to consider the appeal was provided as required by law and
published in the official county newspaper of record; and
WHEREAS, a public hearing was held by the Board of County Commissioners on September 18, 2018
where testimony was provided by the appellants and the County; and the Board found
that the Community Development Services Planning Official had made the correct
determination consistent with KCC 16.09 and KCC 17 .29 that the overall density of the
Nelson Agricultural Short Plat had been used and that lot 2 was not eligible for further
subdivision nor allowed for an ADU; and
WHEREAS, at said public hearing the Board of County Commissioners further found that the
Appellant failed to meet their burden of proof to prove that the County's decision was
wrong pursuant to KCC 15A.07.010(2)(c).
WHEREAS, the Kittitas County Board of Commissioners passed a motion by a vote of 3-0 to deny the
appeal by the appellant for failure to meet their burden of proof and uphold the
determination made by the Community Development Services Planning Official; and
WHEREAS, the Kittitas County Board of Commissioners make the following FINDINGS OF FACT
and CONCLUSIONS AT LAW concerning said appeal:
1. An administrative decision was made by Lindsey Ozbolt, Community Development
Services Planning Official, on June 7, 2018 determining that the overall density of
the short plat had been allocated and utilized, and that lot 2 was not eligible to be
further subdivided nor allowed for an ADU.
2. A timely notice of appeal was received by the Board of County Commissioners on
June 21, 2018 from Pat Kelleher for the appellant.
3. On September 18, 2018 the Board of County Commissioners held a public hearing to
consider the appeal. Testimony was provided by the appellants and the County. The
Board found that the Community Development Services Planning Official had made
the correct determination consistent with KCC 16.09 and KCC 17.29 that the overall
density of the Nelson Agricultural Short Plat had been used and that lot 2 was not
eligible for further subdivision nor allowed for an ADU.
4. At said public hearing the Board of County Commissioners further found that the
Appellant failed to meet their burden of proof to prove that the County's decision
was wrong pursuant to KCC 15A.07.010(2)(c) and denied the appeal based on the
following reasons:
a. The applicable regulation, Chapter 16.09 KCC, limits the number of dwellings to
that of the underlying zone (which are already present).
b. The County indicated the need to conform to the regulations regarding
agriculture platting by placing plat note # 13 upon the plat.
c. The Appellant argues the county should have done things differently, but that is
not required nor was the Nelson Agriculture Short Plat appealed.
d. The Appellant argues things based on regulations that are unrelated to this matter
such as TDRs, short plats, and conservation easements. None of these are
relevant or required in this appeal.
e. The Appellant has failed to shoulder its burden of proof.
5. At the September 18, 2018 public hearing, the Board passed a motion by a vote of 3-
0 to deny the appeal by the appellant and uphold the determination made by the
Community Development Services Planning Official.
NOW, THEREFORE BE IT RESOLVED: That the Kittitas County Board of Commissioners after due
deliberation and in the best interest of the public, does hereby deny the appeal by the appellant and
upholds the determination made by the Community Development Services Planning Official that lot 2 of
the Nelson Agricultural Plat is not eligible for more than one dwelling unit pursuant to KCC 16.09 .040
DATED this 9J}8Lc1ay of ()J;h)/;(,ff-, 2018 at Ellensburg, Washington .
OF COUNTY COMMISSIONERS
. WASHINGTON
I
Obie O'Brien, Vice-Chairman
~
Cory Wright, Commissioner
ATTEST: APPROVED AS TO FORM:
Neil Caulkins, Deputy Prosecuting Attorney
Kittitas County, Washington
BOARD OF COUNTY COMMISSIONERS
October 2, 2018
Mr. Pat Kelleher
6530 Wilson Creek Road
Ellensburg, WA 98926
Dear Mr. Kelleher,
District One
Paul Jewell
District Two
Laura Osiadacz
District Three
Obie O'Brien
For your information and records I have enclosed a copy of Resolution No. 2018-157, Denial of
An Appeal of an Administrative Decision Regarding the Density Allowed on Lot 2 of the Nelson
Agricultural Short Plat AKA JN Agriculture Short Plat (SP-15-00010). This Resolution was
approved by the Board of County Commissioners on October 2, 2018 during their Agenda
Session.
If you have any questions please feel free to contact our office at your convenience. Thank you.
Sincerely,
([Y111/V;)/ll1~~
Juli e Kjo.rsvik
Clerk of the Board
cc: Dan Carlson, CDS
Neil Caulkins, Deputy Prosecutor
Kittitas County Courthouse · 205 West 5th Avenue, STE 108 · Ellensburg, WA 98926
(509) 962-7508 ·FAX (509) 962-7679