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