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01/20/2010 MINUTES 1 <br />COMMISSIONERS' MINUTES KITTITAS COUNTY, WASHINGTON COMMISSIONERS AUDITORIUM SPECIAL MEETING <br /> WEDNESDAY 10:00 A.M. JANUARY 20, 2010 <br />Board members present: Chairman Mark McClain, Vice-Chairman Paul <br />Jewell and Commissioner Alan Crankovich. <br /> <br />Others: Catherine Dunn, Deputy Clerk of the Board; Dan Valoff, <br />Planner; Jan Ollivier, Planning Manager; Michael Murphy, Attorney <br />for appellant; Sean Northrup, Allison Kimball, Sapphire Skies; Marc <br />Kirkpatrick, Wayne Nelson, Encompass Engineering; David Bricklin, <br />Attorney for interested parties, Westside Heights Homeowners <br />Association; and 3 persons representing the public. SPECIAL MEETING APPEAL OF CODE INTERPRETATION CDS <br />At 10:00 a.m. Chairman McClain opened a special meeting to consider <br />the appeal by Michael Murphy of an administrative interpretation <br />dated November 25, 2009 regarding the Performance Based Cluster <br />Plat. Chairman McClain read the legal notice and appeal process <br />into the record. He swore in Allison Kimball and Marc Kirkpatrick, <br />who planned to testify for the appellant. <br /> Dan Valoff, Staff Planner, gave a staff presentation outlining the <br />process of the code interpretation. He gave the basis of his <br />interpretation as KCC 16.09.100(3) Definition of Open Space. <br /> Chairman McClain asked Mr. Valoff if he was relying on the statement <br />in the definition “otherwise restricted or encumbered”. Mr. Valoff <br />said that he was. <br /> Vice-Chairman Jewell said that in the minutes for meetings on other <br />plats, which included former Director Darryl Piercy, the minutes <br />state that a Bonneville Power Administration easement was used, but <br />not for the density bonus. Mr. Jewell asked if there had been a <br />change in policy. <br /> Mr. Valoff said that the definitions state that critical areas, <br />residential spaces or areas otherwise encumbered by Federal or State <br />or local government. Trails can be done on BPA property, but <br />permits are necessary and these may be revoked. <br /> Vice-Chairman Jewell asked if he had been involved in any of these <br />before. Mr. Valoff said he had not been the Planner on any <br />Performance Based Cluster Plats using BPA easements. <br />