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Home My WebLink About011011_ca01 Department of Public Works o Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners Philip Morley, County Administrator Frank Gifford, Public Works Director January 10, 2011 Portion of Pine St in Correia's Addition to Irondale, Road Vacation Cecil 8: Jean Quackenbush, Petitioner David Goldsmith, Representative . Li -j To: Agenda Date: Subject: Statement of Issue: The Board is asked to consider the Hearing Examiner's Report and Recommendation (attached) pertaining to a petition to vacate all that portion of the westerly 10 feet of the west half of Pine Street adjacent to the east line of Lot 1, Block 3, of Correia's Addition to lrondale, as per plat, recorded in Volume 3 of Plats, Page 8, records of Jefferson County, Washington; Being approximately 10 feet in width and 124 feet in length. All situated in Section 2, Township 29 North, Range 1 West, W.M., Jefferson County, Washington. This vacation affects parcel number: 945000301. Please see attached map. Analysis/Strategic Goals/Pro's 8: Con's: This road vacation petition was heard before the Jefferson County Hearing Examiner on December 14, 2010. Based upon the recommendation contained in the County Engineer's report (attached) as well as testimony gathered for the hearing from other departments, agencies, and individuals, the Hearing Examiner has recommended that the vacation be approved. FiscallmpactlCost Benefit Analysis: There is no fiscal impact as this is an un-opened and un-maintained right of way that is not needed for area circulation. Petitioner has paid costs associated with the vacation. Recommendation: Department of Public Works recommends that the Board approve the request to vacate the subject portion of right-of-way by signing the attached Resolution. The petitioner has met the compensation requirement and paid all fees. Department Contact: Monte Reinders P. E., County Engineer, 385-9242 Reviewe~ By: ') . i/ ..:'} /1 ( PhHij) J~~:c~~nty A~~i~ist~~tor /'/ --iI Date STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of } } } RESOLUTION NO. The vacation of a pOliion of Platted Pine St WlIEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by Cecil and Jean Quackenbush; and WHEREAS, the Jefferson County Hearinz Examiner held a public hearinz on the road vacation petition on December 14, 2010; and \VHEREAS, the Jefferson County Hearinz Examiner considered testimony of the public, comments from applicable departments, azencies and offices, and recommendations from the Jefferson County Enzineer and Jefferscn County Department of Community Development at the public hearinz; and WHEREAS, the Jefferscn County Hearinz Examiner determined that the public will benefit from the vacation of this riZht of way and such vacation complies with the Jefferson County Comprehensive Plan and other applicable plans, policies or ordinances; and WHEREAS, the Jefferson County Board of Commissioners considered said Hearing Examiner's report of the public hearinz and his recommendation for the vacation request and hereby adopts the Report and Recommendation oftheJefferson County Hearinz Examiner dated December 20, 2010. NOW, THEREFORE BE IT RESOLVED that the followinz be vacated and abandoned pursuant to RCW 36.87.140 and Jefferson County Code 12.10: All that pOliion of the westerly 10 feet of the west half of Pine Street adjacent to the east line of Lot 1, Block 3, of Correia's Addition to lrondale, as per plat, recorded in Volume 3 of Plats, Page 8, records of Jefferson County, Washington; Beinz approximately 10 feet in width and 124 feet in length. All situated in Section 2, Township 29 North, Range 1 West, W.M., Jefferson County, Washington. This vacation affects parcel number: 945000301. ADOPTED TtlIS lOti, DAY OF lanuarv , 20 II JEFFERSON COUNTY BOARD OF CONL'\I1.1SS10NERS Chairman Member SEAL: Member ATTEST: Lorna Delaney Clerk of the Board PROPOSED ROAD VACATION - PINE STREET PETITIONER, David Gold""ith Iepresenting Mr &: Mrs. Q]lAl'k....bush Described 88 the westerly 10 feet of the West half of Pine S1reet adjacent to the East line of Lot I, Block 3, of Correia's Addition to Irondale, 88 per plat, recorded in Volume 3 of Plats, Page 8 records of Jefferson County, Washington; Being approximately 10' in width and 124' in length. All situated in Section 2, Township 29 North, Range 1 West, W.M., Jefferson County, Washington. \F-> \ \j B- ~, r\ ;:;J o o " " '- n 7 8 9 10 11 12 :::;T[VG~S ST. 6 5 4 3 2 1 =L[ , ( W > <t , 1!2. 14 0:::: 144 I 13 <t 0 W U 7 8 9 10 11 12 v V . 0 2 r 7 8 9 10 11 S!VAC 12/14 92 6 5 4 3 ,...[ D TI 15 4 16 ) 3 7 8 9 10 1 " : 0 " 41 13 2 l' VJ 6 ~~ 901022008 12~\ TAX 154 ~ 4.13 o. o ~\I ~' It ~(\\ ~ 15 "\'8 16 ~\. "" 13 ~k -.I ~ ~ 12 ~~ 7 8 9 11~ '-...... "....... r II CHtJUKl7 A VL. 2 \ \; 7:3 ~4if I~~S 7 6 " 4 26 1 5 24 23 '2 21 --------- 2/A D )6, rr()~ 3 00 LO 1 1 6 5 4 3 2 26 25 22 21 HAYDEN ST. 19 18 1 17 16 15 14 5 4 : 3 2 ~ '-:: 18 <'."'"~ ~~v 19 ~.. 5 " 10 - 24 23 ~ - /" 13 12 11 9 8 THIRD ST. - t 13 17 11 1n n 17 /) 16 f- 15 14 5 4 .3 2 1 4 ~ ..-<,\C'- 5,'\, 2~' . '\. : Qr VAC ~ i>- v 5/16/02-" 6 4 6 7 8 10 fffffil 5 4 , 1 2 w U :::) 0:::: 0... ~ VAG. 12/13/76 1\ \I - (VACATED 12-13-7 - 4 9 1 6 5 4 3 6 5 4 3 ') / /-"' ~/ /" /~vV 7 B Yl0 1 mTI 2-0/0-;2..-22--00UUUU6. OFFICE OF THE HEARING EXAMINER JEFFERSON COUNTY REPORT AND RECOMMENDATION CASE NO.: Quackenbush Petition; Portion of Pine Street, Correia's Addition to Irondale REPRESENTATIVE: David Goldsmith 536 Foster Street Port Townsend, WA 98368 LANDOWNER Cecil and Jean Quackenbush 60 East Fitchburg Avenue Port Hadlock, WA 98339 SUMMARY OF REQUEST: The request is to vacate a portion of Pine Street associated with Block 3 of Correia's Addition to lrondale described as follows: The westerly 10 feet of the west half of Pine Street adjacent to the east line of Lot 1, Block 3, of Correia's Addition to lrondale, as per plat, recorded in Volume 3 of Plats, Page 8, records of Jefferson County, Washington; Being approximately 10' in width and 124' in length. All situated in Section 2, Township 29 North, Range 1 West, W.M., Jefferson County, Washington SUMMARY OF RECOMMENDATION: Approve. PUBLIC HEARING: After reviewing the Jefferson County Department of Public Works Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on December 14,2010, at 2:00 p.m. Parties wishing to testify were sworn in by the Examiner. 1- The following exhibits were submitted and made a part of the record as follows: SEE ATTACHED INDEX LIST MARA DOTSON appeared, presented the Department of Public Works Staff Report, and testified that the Department recommends approval subject only to the compensation required by the Jefferson County Code. All County agencies either recommend approval or have not responded. She has received no comments from the public regarding the petition. DAVID GOLDSMITH appeared on behalf of the applicants and testified that a garage encroaches two feet upon the unopened Pine Street right-of-way. They originally considered vacating half of the street but it is beyond their means financially. Furthermore, the neighbor to the west was not interested in pursuing the vacation. They then decided to request a ten foot vacation, and if approved, the garage will then have an eight foot wide setback. The petition is for ten feet which is what they can afford. The garage was constructed pursuant to a building permit issued in 1974. The County has previously vacated a portion of Pine Street to the south. The home to the south of the applicants' parcel is also located within the required 20 foot wide setback from the unopened right-of- way. No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded at 2:15 p.m. NOTE: A complete record of this hearing is available in the office of Jefferson County Department of Public Works. FINDINGS. CONCLUSIONS AND RECOMMENDATION: FINDINGS: 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. Cecil and Jean Quackenbush, applicants, have a possessory ownership interest in Lots 1-3 of Correia's Addition to lrondale as recorded in Volume 3 of Plats, Page 8, records of Jefferson County, Washington. The three lots contain 14,457 square feet and are located at the southwest corner of the intersection of East Fitchburg Avenue and the unopened Pine Street right-of-way. Improvements on the site include a single-family residential home, detached garage, and cabin. The site has an address of 60 East Fitchburg Avenue. 3. In 1974 a previous owner secured a building permit from Jefferson County to construct the existing, 40.6 foot long, 24 foot wide, detached garage. The garage 2- . . measures 32 feet from the East Fitchburg Avenue right-of-way but extends two feet into the unopened right-of-way of Pine Street. Correia's Addition to lrondale was recorded on June 6, 1911, and roads therein are not statutorily vacated under RCW 36.87.090. However, Jefferson County has never opened said road and has vacated portions of said road to the south of the applicants' parcel. Vacation of ten feet of right-of-way would resolve the encroachment and provide an eight foot wide setback from the remaining 40 foot width of Pine Street. 4. Pine Street does not provide for area circulation and Jefferson County has not expended funds in the right-of-way acquisition or improvements to the area. Neither the County nor any private property owner has opened any portion of the street. All County departments recommend that the Board of Jefferson County Commissioners vacate the western ten feet of Pine Street adjacent to Lot 1 of Correia's Addition. 5. The applicants submitted a petition to vacate ten feet of the Pine Street right-of-way on October 12, 2010. Section 12.10.080 of the Jefferson County Code (JCC) requires the Examiner to hold a public hearing on all petitions for road vacations, review said petitions in accordance with the criteria set forth in Section 12.10.110 JCC, and provide a written recommendation to the Board to grant or deny the petition along with any recommended conditions of approval. Findings on each applicable criteria set forth in JCC 12.10.110 are hereby made as follows: A. Based upon the recommendations of approval from all County departments, the proposed road vacation complies with the Jefferson County Comprehensive Plan and applicable County plans, policies, and ordinances. The Department of Community Development (DCD) has reviewed the request and found the vacation in compliance with the Transportation Element of the Jefferson County Comprehensive Plan. The Transportation Element identifies an existing, on-road, bike route along lrondale Road but not on Pine Street. B. The road has not served as a means of providing area circulation. The vacation will have no impact on any abutting parcel since all have access from a County right-of-way. C. East Jefferson Fire Rescue (Fire Protection District No.1) recommends that the Board vacate Pine Street. Therefore, the vacation will not impair the effectiveness of fire, medical, law enforcement, or other emergency services. D. The road does not serve as a utility corridor, and neither Public Works nor DCD recommend retention of a utility easement. Neither Quest nor Puget Sound Energy have utilities within the area and either recommend vacation or have no objection thereto. 3- E. According to DCD the Transportation Element of the Comprehensive Plan identifies an existing, on-road, bike route along lrondale Road but not on Pine Street. No plan contemplates or identifies Pine Street for use as a trail or pathway. F. The road does not abut a body of salt or fresh water and is located within the "UGA Low Residential Density 4-6" designation of the Comprehensive Plan and within the Rural Residential 1:5 zone classification. Thus, the parcel is not zoned for industrial purposes. G. The proposed vacation will not land lock any parcel of property as all properties in the area abut County rights-of-way, 6. In accordance with JCC 12.10.120 Ralph Ericksen, a certified appraiser, submitted an "Appraisal Certificate" valuing the property at $2,000.00. The applicants have not challenged said valuation. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The request to vacate the western ten feet of Pine Street adjacent to the east property line of Lot 1, Block 3, of Correia's Addition to lrondale, which measures approximately 124 feet in length, satisfies all criteria set forth in JCC 12.10.110 and therefore the Board of Jefferson County Commissioners should vacate said road subject only to the compensation required by JCC 12.10.120. RECOMMENDATION: It is hereby recommended that the Board of Jefferson County Commissioners vacate the western ten feet of Pine Street adjacent to the east property line of Lot 1, Block 3, of Correia's Addition to lrondale, as recorded in Volume 3 of Plats, Page 8, records of Jefferson County, Washington. RECOMMENDED this 20th day of December, 2010.. ", /-, /:-17;;f!}~1 ,," ' / ,~", 1/ u/,' / /F./" ,'?_' i . /,~~?;>~~'1 .' /};/ \ { A'/ /'~/~' . sTEPflE1\tK. CA~SSEAUX~. Hearing Examiner 4- ''\ '\ \ Jefferson County Department of Public Works 623 Sheridan St. Port Townsend, WA 98368 (360) 385-9160 Frank Gifford, Public Works Director Moore~md~~~EFwoo~fug~~ MEMORANDUM TO: Board of County Commissioners Jefferson County I-Iearing Examiner FROM: Monte Rcindcrs, P.E., County Enginee~ DATE: November 5, 2010 SUBJECT: Engineers Report Petition to vacatc a portion of Pine St. associated with Block 3, within the Corrica's Addition to lrondale Petitioner David Goldsmith, Rcprcsentative for Cccil & Jean Quackenbush Project No. 97010002 In accordance with Ch 36.87 RCW, I have examined the above referenced right of way, and submit the following report. FINDINGS 1. The request is to vacate: The westerly 10 feet of the Wcst half of Pine Street adjacent to the East line of Lot 1, Block 3, of Correia's Addition to lrondalc, as per plat, recorded in Volume 3 of Plats, Page 8 records of JetIerson County, Washington; Being approximately 10' in width and 124' in length. All situated in Section 2, Township 29 North, Range 1 West, W.M., Jefferson County, Washington; Please refer to attached map. 2. The right of way requested for vacation was originally dedicated, "to thc uses of the public forever all streets and allcys shown hereon", on the Correia's Addition to Irondale and recorded on June 6th 1911, and therefore is not statutorily vacated undcr Chapter 36.87.090 RCW (it was platted after March 12, 1904). 3. The platted unopened right of way requested for vacation is not developed, does not provide for area circulation and no public expenditures have been made in the acquisition or improvements to thc subject area. 4. The effectiveness of emergcncy services will not be impaircd by this vacation. 5. The right of way docs not abut a body of salt or tresh water (See RCW 36.87.130). Attachment "5" Engineer's Report - Page 2 Road Vacation for Pine Street *************** 6. The public may benefit by this vacation by reducing the County's liability for un-opened, un-maintained and encroached upon right of way. 7. The petitioner has a garage that was built 2 feet into the right of way. Thc proposed 10 toot road vacation will result in an 8 foot setback between the edge of the garage and the right of way line eliminating the encroachment. RECOMMEN DA nON Therefore, based on the foregoing Findings, and provided no additional contrary testimony or new findings are presented at the hearing, the County Engineer recommends that the Board of County Commissioners approve this vacation request. PROPOSED ROAD VACATION - PINE STREET PETITIONER. David Goli1.....ith l~p.esenting Mr &: Mrs. QJ'A("lrer1bush Described as the westerly 10 feet of the West half of Pine Street adjacent to the East line of Lot I, Block 3, of Correia's Addition to Irondale, as per plat, recorded in Volume 3 of Plats, Page 8 records of Jefferson County, Washington; Being approximately 10' in width and 124' in length. All situated in Section 2, Township 29 North, Range 1 West, W.M., Jefferson County, Washington. 1\ . \5\~\J R p ,., ::J o o "- n '- o 7 8 9 10 11 v " " , \~~ b , 2 ( 1\ ~ '" o t-~ ~"1"0 7 8 9 10 ~ 11 12 4 3 1 1 2 1 (J) 6 543 1 2 7 8 901022008 TAX 154 '1:> 4.13 a. S/VAC 12/14 92 ~~r' 6/~5c ~ ~IIC N' ~~I~~ 15 r- 4 ~ 15 \ 't "- 16 1.I 3 16 ,- '\. "-.. 13 Iv~ ~ 7 8 91,~ '-......... ~ w () :::::> a:: 0... J::l. 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