HomeMy WebLinkAboutFacts and Finding - Stavig Short Plat do-OSb--0eI
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION THEREON
ON THE BRAD AND GABRIELLE STAVIG 2-LOT SHORT PLAT
(3312 "K" AVENUE -Stavig Family Shire)
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Short Plat No. ANA 05-009
Planning Director's Tentative Approval
FINDINGS OF FACT
1.0 General Background.
1.1 The City of Anacortes Planning Director has been designated by City Council action of
November 17, 1986 as "Administrative Official" for the City Subdivision Ordinance.
1.2 Under the City Subdivision Ordinance the Administrative Official has "the authority to
approve or disapprove proposed short subdivisions". State law grants the
Administrative Official authority to deny a Short Plat of 4 lots or less only if specific City
standards are not met, e.g., lot size, dimension, road frontage. Short Plats of 5-9 lots
and Short Plats of 2-4 lots with wetlands involve the exercise of more discretion in that a
State Environmental Policy Act review is mandated.
City of Anacortes Municipal Code Section 16.08.020
1.3 The 2-lot short plat application together with the application fee was submitted to the
Administrator on February 13, 2006.
1.4 Owner of Record: Bradford Charles and Gabrielle Glim Stavig
3312 "K" Avenue
Anacortes, WA 98221 (360) 293-5371
1.5 Applicant: Same
1.6 As required by the City Subdivision Ordinance each short plat application contained:
(A) An accurately scaled (at one inch equal 100 feet) and dimensioned map legibly
drawn in permanent black ink or approved equivalent on 18 inch by 24 inch
tracing cloth, stable base mylar polyester film or equivalent approved material
showing the following:
1. The name or number of the proposed short plat, and County Assessor's
parcel numbers.
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2. True north point and scale.
3. Names of applicant(s).
4. An accurate legal description of the land included in the short plat. In the
event the boundaries are described by metes and bounds, the accuracy
of the description shall be attested to and signed by a registered land
surveyor, with basis of bearings stated.
5. Accurate lines to scale showing the parcel to be short platted and the lot
lines and showing all existing or established section corners and quarter-
section corners pertaining to the establishment of lot corners.
6. Location and dimensions of all existing buildings on the land included in
the short plat and description of adjacent uses.
7. Location and dimensions of all existing roads or streets, and existing
dedications, deeds or easements for future roads within or contiguous to
the land involved in the short plat.
8. Location and dimensions of all roads, streets and easements proposed to
serve the plat with a clear designation of their purpose and nature,
including whether they will be dedicated city streets or private roads,
rights-of-way or easements.
9. A lot numbering system and a house address system as provided by the
City Building Department.
(B) At least one (1) copy of the following accompanying documents:
1. Property owners of the land included in the short plat and of all parcels of
land within 300' of the land included in the short plat.
2. A plat or title certificate issued by a title company showing all parties
having any interest in the land included in the short plat and in the land
over which any easements are proposed to serve the short plat.
3. A copy of the deed of record for the land included in the short plat.
4. A sworn statement by the applicant specifying:
(a) The applicant's name, address, telephone number and interest in
the land included in the short plat;
(b) Authority, if any to act on behalf of any other parties having an
interest in the land included in the short plat;
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Short Plat 05-009 - Stavig
(c) Certification that none of the land included in the short plat has
been included within a previous short plat approved or filed within
the five years preceding the application.
5. Signed statements by all those parties having an interest in the land who
have authorized the applicant to sign the short plat in their behalf.
6. A statement from the Skagit County Health Department relative to final
approval of a septic tank design in the event the land included in the short
plat is not served by public sewer.
7. A copy of the private restrictions and covenants to be included in the
deeds to the lots, if any, referenced on the short plat and recorded with
the short plat.
8. Such other information as the Short Plat Administrator deems necessary
for an adequate review of the public use and interest to be served by the
short plat."
Anacortes Municipal Code Section 16.08.050
2.0 Description of the Project
2.1 The applicant is proposing a 2-lot short plat in the R-3 zone generally at 3312
"K" Avenue. Exhibit 1.
2.1.1 The minimum lot size in the R 3 zone is 6,000 square feet. The smallest lot is
6,018 square feet and the largest lot is 11,485 square feet (existing residence). Single-family
homes are permitted in this zone.
2.1.2 The project site is surrounded on three sides by the R 3 zone.
3.0 Consideration of Alternatives
3.1 The applicant has considered and rejected alternative designs.
3.1.1 The City's Design Review Group (DRG) met on March 21, 2006 to review this
proposal; finding a complete application the DRG recommended 4 conditions regarding fire
flow, sidewalks, and storm drainage. (Exhibit 2) On July 26', 2006 the applicants appealed the
proposed shore plat requirements. (Exhibit 3) On August 14, 2006 the DRG responded to the
Stavig's July 26th letter; additionally, the DRG offered an alternative to Recommendation # 4
regarding sidewalks. (Exhibit 4) In a May 29, 2007 letter, Mrs. Stavig accepted the proposed
condition with a proviso regarding bonding. (Exhibit 5) On June 5, 2007 the DRG discussed
the May 29th proposal and recommended moving forward with the project with revised condition
# 3: "In lieu of sidewalks on "K" Avenue abutting the project site the sidewalk on 34th Street
shall be extended from "K" Avenue on 34th Street to connect to the existing sidewalk to.the
west. All required improvements shall be completed at the time of building permit issuance for
either lot." (Exhibit 6)
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Short Plat 05-009 - Stavig
4.0 State Environmental Policy Act
4.1 Short plats are exempt from SEPA requirements unless they involve lands covered by
water, lands previously short-platted and exempted from SEPA, or lands to be divided
into five or more lots. WAC 197-11-800(6)a and Anacortes Municipal Code Section
16.08.010.
4.2 There are no wetlands present on the property as regulated by City of Anacortes Zoning
Ordinance, Chapter 17.65 that are affected by this action.
4.3 The subject property has not been short-platted within the last five years.
4.4 The subject property is not to be divided into five or more lots, and accordingly, no
SEPA Checklist was prepared.
5.0 Notice
5.1 For a short subdivision adjacent to the right-of-way of a state highway, written notice,
including a legal description of the proposed subdivision and a location map shall be
sent to the Secretary of Transportation of the State of Washington. The Secretary shall
respond within fifteen (15) days of said notice as to the affect that the proposed
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subdivision will have on the adjacent state highway.
Anacortes Municipal Code Section 16.08.031
5.1.1 This short-plat is not adjacent to a state right-of-way.
5.2 For all short subdivisions, the application shall be accompanied by a list of all property
owners, with their mailing addresses, who own land within 300 feet of the boundaries of
the property being proposed to be subdivided.
5.2.1 On March 8, 2006 the Planning Department sent notice to all persons on the list
informing them of the proposed short subdivision and inviting comments to be made in writing
within fifteen (15) calendar days of the date that the notice was mailed.
5.2.2 No letters of comment were received in response to this Notice.
6.0 Short-Plat Requirements
6.1 "If the Administrator finds that the proposed short plat is consistent with the
comprehensive plan, SEPA requirements, and zoning requirements for the district, and
that there is adequate provision for drainage, sewage disposal, water supply and access
for each lot, that [the short-plat improvement] requirements of this ordinance are met,
and the short plat would not landlock other parcels, he/she shall approve the
application."
Anacortes Municipal Code Section 16.08.030
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Short Plat 05-009 - Stavig
6.2 The proposed short plat is consistent with the Comprehensive Plan.
6.3 The proposed short-plat is consistent with the R 3 zoning district within which it is
located.
6.4 Subject to conditions there is adequate provision for drainage: surface water
management controls shall be implemented to the City Engineer's
specifications/Ordinance #2441.
6.5 Subject to conditions there is adequate provision for water supply: connection to city
water.
6.6 Subject to conditions there is adequate provision for sewer service: connection to city
sewer.
6.7 Access is available for this development from 34th Street.
6.8 The short-plat will not landlock other parcels.
6.9 All required improvements from findings 6.4 to 6.7 above "shall be constructed or
installed according to applicable subdivision regulations, and, if required, a commitment
of non-opposition to any Local Improvement District shall be submitted to the Short Plat
Administrator prior to short plat approval. In addition, bonds or other security may be
required by the Administrator securing to the City the successful operation of the
improvements for up to one (1) year after short plat approval".
Anacortes Municipal Code Section 16.08.060
6.9 Subject to the conditions detailed above, all requirements have been satisfied.
7.0 Appeal
7.1 Under the City Subdivision Ordinance the Administrative Official has "the authority to
approve or disapprove proposed short subdivisions". State law grants the
Administrative Official authority to deny a Short Plat of 4 lots or less only if specific City
standards are not met, e.g., lot size, dimension, road frontage. Short Plats of 5-9 lots
and Short Plats of 2-4 lots with wetlands involve the exercise of more discretion in that a
State Environmental Policy Act review is mandated.
7.12 On June 29, 2007 the Subdivision Administrator approved the Stavig 2-lot short
plat.
7.2 Any party aggrieved by the decision of the Administrator may appeal to the City Council
by filing a notice of appeal with the City Clerk within fifteen (15) days of the tentative
approval or disapproval by the Administrator. The appeal shall state the reason for the
appeal and be signed by the party filing the appeal. The appeal shall be scheduled on
the next available council agenda and notices shall be sent to the applicant and the
party filing the appeal.
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Short Plat 05-009 - Stavig
7.2.3 appeals were filed.
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8.0 State Subdivision Law
8.1 State subdivision law requires that a city:
"(1)...shall adopt regulations and procedures, and appoint administrative personnel for
the summary approval of short plats and short subdivisions or alteration or vacation
thereof. When an alteration or vacation involves a public dedication, the alteration or
vacation shall be processed as provided in RCW 58.17.212 or 58.17.215. Such
regulations shall be adopted by ordinance and shall provide that a short plat and short
subdivision may be approved only if written findings that are appropriate, as provided in
RCW 58.17.110, are made by the administrative personnel, and may contain wholly
different requirements than those governing the approval of preliminary and final plats of
subdivisions and may require surveys and monumentations and shall require filing of a
short plat, or alteration or vacation thereof, for record in the office of the county auditor:
PROVIDED, That such regulations must contain a requirement that land in short
subdivisions may not be further divided in any manner within a-period of five years
without the filing of a final plat, except that when the short plat contains fewer than four
parcels, nothing in this section shall prevent the owner who filed the short plat from filing
an alteration within the five-year period to create up to a total of four lots within the
original short plat boundaries.
(2)...shall...consider provisions for considering sidewalks and- other planning features
that assure safe walking conditions for students who walk to and from school."
Growth Management Act Section 51
CONCLUSIONS OF LAW
1.1 The requirements of SEPA have been complied with.
2.1 The notice requirements of Subdivision Ordinance Section 16.08.031 have been
satisfied.
3.1 The conditions set forth in Subdivision Ordinance Section 16.08 have been satisfied by
this application.
4.1 The applicable goals and policies of the Comprehensive Plan have been met by this
application.
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Short Plat 05-009 - Stavig
CITY OF ANACORTES
DECISION TO APPROVE A SHORT PLAT FOR THE STAVIG 2-LOT
SHORT PLAT NUMBER ANA 05-009
Based on the foregoing Findings of Fact and Conclusions of Law the Anacortes Planning
Director hereby issues short-plat approval for the Stavig 2-lot Short Plat subject to the following
conditions:
(1) Short Plat Approval authorizes the applicant to proceed with application for
necessary permits to construct required improvements and to prepare
construction drawings in accordance with the determinations made and
conditions imposed by the Administrator. The scope of this permit is not to
exceed that as set-out in Exhibit 1 .
(2) This project is subject to applicable water, sewer, and stormwater general facility
and hookup fees and transportation, fire, school, and park impact fees. These
fees are payable at levels in effect at the time of building permit issuance and may
differ from those fee levels currently in effect; sewer and water latecomer charges
may be payable.
(3) The Skagit County Treasurer's Office requires that the following statements shall
appear on all long plats, replats, altered plats or binding site plans:
a. Treasurer's Certificate. All short subdivisions when approved and prior to
recording shall contain the following:
Treasurer's Certificate: I certify that all taxes heretofore levied and which
have become a lien upon the lands described above have been fully paid
and discharged according to the records of my office up to and including
the year of [ ] (current year).
Certified this day of , 200_
b. "I do hereby certify that a deposit has been
made to cover anticipated taxes for the year .'
(4) The applicant shall acquire all necessary federal, state, and local permits.
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Short Plat 05-009 - Stavig
(5) The project shall comply with the City of Anacortes construction standards as
required by the Director of Public Works for water, sewer, and street access, and
storm drainage. All work performed within public rights-of-way shall comply with •
City construction standards and all utilities shall be constructed to City
standards.
(6) Any and all easements shall be surveyed and shown on drawings.
(7) Fire hydrants shall be provided as required by the City of Anacortes Fire Chief.
(8) Fire flow shall be addressed in a manner acceptable to the City of Anacortes Fire
Chief.
(9) In lieu of sidewalks on "K" Avenue abutting the project site the sidewalk on 34th
Street shall be extended from "K" Avenue on 34th Street to connect to the existing
sidewalk to the west. All required improvements shall be completed at the time of
building permit issuance for either lot.
(10) Street addresses are: LOT A - 1510 34th Street; LOT B - 3312 "K" Avenue.
(11) This approval will expire three years from the date of approval if the short plat is
not signed and recorded.
(12) Pages 7-8 of these Findings shall be recorded with the Short Plat Drawing.
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Ian Munce, Short Plat Administrator Dat
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Short Plat 05-009 - Stavig
AUDITORS CERTIFICATE FILED FOR RECORD AT THE REQUEST
OF SCHEMER ENGINEERING INC.
tEET MONUMENT SKA,GIT COUNTY AUDITOR DEPUTY
D CAP BY JOHN VADAII CONSENT;
'AP "PEM LS 25971" KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED SUBDIVIDERS OF THE LAND HEREBY
SHORT PLATTED DO HEREBY DECLARE THE STAVIG SHORT PLAT IS MADE AS HIS FREE AND
VOLUNTARY ACT AND DEED.
IN WITNESS WHEREOF 1 HAVE SET MY HAND AND SEAL
BRADFORD STAVIG
STATE OF WASHINGTON GABRIELLE STAVIG
COUNTY OF SKAGIT
THIS IS TO CERTIFY THAT ON THE DAY OF 2003.BEFORE ME.THE UNDERSIGNED, A NOTARY PUBUC, PERSONALLY APPEARED
TO ME KNOWN TO BE THE INDIVIDUAL WHO EXECUTED THE WITHIN DEDICATION AND ACKNOWLEDGED TO ME THAT HE(SHE)SIGNED
AND SEALED THE SAME AS THEIR VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED AND TO OATH STATED THAT HE WAS
AUTHORIZED TO EXECUTE SAID INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN.
NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON
STATE OF WASHINGTON RESIDING AT
COUNTY OF SKAGIT
THIS IS TO CERTIFY THAT ON THE DAY OF 2003.BEFORE ME, THE UNDERSIGNED,A NOTARY PUBUC, PERSONALLY APPEARED
TO ME KNOWN TO BE THE INDIVDUAL WHO EXECUTED 1HE WITHIN DEDICATION AND ACKNOWLEDGED TO ME THAT HE(SHE) SIGNED
AND SEALED THE SAME AS THEIR VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED AND TO OATH STATED THAT HE WAS
AUTHORIZED TO EXECUTE SAID INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN.
W
NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON
z RESIDING AT
W
TREASURER'S CERTIFICATES
< I HEREBY CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAVE BECOME A UEN UPON
THE LANDS DESCRIBED ABOVE, HAVE BEEN FULLY PAID AND DISCHARGED ACCORDING TO THE
RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR 200_.
S 89'58'20" E
SKAGIT COUNTY TREASURER DATE
APPROVALS;
I HEREBY CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAVE BECOME A UEN UPON
THE LANDS DESCRIBED ABOVE, HAVE BEEN FULLY PAID AND DISCHARGED ACCORDING TO THE
RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR 200..
ANACORTES CITY TREASURER DATE
THE WITHIN AND FOREGOING PLAT IS APPROVED IN ACCORDANCE WITH THE PROVISIONS OF THE CITY
OF ANACORTES SHORT PLAT ORDINANCE THIS _DAY OF 20_
SHORT PLAT ADMINISTRATOR
CITY ENGINEER
Exhibit 1
Os • SURVEYOR'S CERTIFICATE
• 4 'L0; • qt. THIS MAP CORRECTLY REPRESENTS A DRAWN PEN
a. ' SURVEY MADE BY ME OR \UNDER MY CHECKED 7T5
o
Y• ' =i,� DIRECTION IN CONFORMANCE WI11-I THE
t1p +� 4 SURVEY RECORDING ACT. BY
. 44;?(ijil •4,474 DATE BY APP REVISIONS
� AAL LAMaS� PAUL E. MONOHON CERT#25971
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