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HomeMy WebLinkAboutRes-2018-225 Denial of AppealBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2018 -Ol ,'9.5' DENIAL OF AN APPEAL OF AN ADMINISTRATIVE DECISION REGARDING THE APPROVAL OF THE PUBLIC FACILITIES PERMIT (PF-18-00001) AND ASSOCIATED DNS FOR THE UPPER COUNTY PUBLIC WORKS MAINTENANCE FACILITY WHEREAS, the Public Works Maintenance Shop Public Facility Permit Application PF-18-00001 was submitted to Community Development Services (CDS) on May 23, 2018. The application was deemed complete on June 4, 2018. Notice of application was issued on June 18, 2018 in conformance with KCC Title 15A; and WHEREAS, associated SEPA review for the project was conducted concurrently with the proposed project review. Notice for SEPA review went out concurrently with the Notice of application for the public facilities permit on June 18, 2018 in conformance with KCC Title 15; and WHEREAS, Approval of the Public Works Maintenance Shop Public Facilities Permit, and associated SEP A Determination of Non-significance (DNS) was issued by Community Development Services on August 15, 2018; and WHEREAS on August 29, 2018, Duana Kolouskova, authorized agent for Western Elite Inc. Services submitted an appeal of Community Development's SEPA DNS and approval of the Public Works Maintenance Shop Public Facility Permit; 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 December 4, 2018 where testimony was provided by the appellants and the County; and the Board found that the Community Development Services had made the correct determination consistent with KCC Title 12, 15, 1 SA, 17, and 17 A, and that the application has met all requirements set forth in KCC 17.62; 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 2-1 to deny the appeal by the appellant for failure to meet their burden of proof and uphold the determination made by Community Development Services. Commissioner Wright did not support the motion; and WHEREAS, the Kittitas County Board of Commissioners make the following FINDINGS OF FACT and CONCLUSIONS AT LAW concerning said appeal: 1. Approval of the Public Works Maintenance Shop Public Facilities Permit and associated SEP A DNS was issued by Community Development Services on August 15, 2018; 2. A timely notice of appeal was received by the Board of County Commissioners on August 29 , 2018 from Duana Kolouskova for the appellant; 3. A public hearing was held by the Board of County Commissioners on December 4, 2018 where testimony was provided by the appellants and the County; and the Board found that the Community Development Services had made the correct determination consistent with KCC Title 12, 15, 15A, 17, and 17A, and that the application has met all requirements set forth in KCC 17 .62 ; 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 CDS Staff Report thoroughly describes how the project comports with county code, critical area regulation, SEP A and the comprehensive plan, along with how CDS determined it to be in compliance as required by county code; b. The Appellant argues there was a lack of public hearing . KCC 17.62.030 and KCC Title 15A provide that a public facilities application is to be processed administratively without a public hearing. As such, the process used for consideration of this permit comports with county code; and c . The Appellant has failed to shoulder its burden of proof. 5. At the December 4, 2018 public hearing, the Board passed a motion by a vote of 2-1 to deny the appeal by the appellant and uphold the determination made by Community Development Services. Commissioner Wright did not support the motion. 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 Approval issued by Community Development Services for the Public Works Maintenance Shop Public Facility permit PF-18-00001 and associated SEPA DNS. DATED this I r~t, day of '()tl'd:, d?'.L bctz , , 2018 at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS ,. '...A CO , WASHINGTON ABSENT Obie O'Brien, Vice-Chairman ~ Cory Wri,ght, Commissioner ATTEST: APPROVED AS TO FORM: Neil Caulkins, Deputy Prosecuting Attorney