HomeMy WebLinkAbout025 18 (C1 6 - 11
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of }
The vacation of a portion of } RESOLUTION NO. 25-1 8
Gustaysen Road }
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition
submitted by Ira Gerlich,Alvord Investments LLC;and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation
petition on May 15,2018;and
WHEREAS,the Jefferson County Hearing Examiner considered testimony of the public, comments
from applicable departments,agencies and offices,and recommendations from the Jefferson County Engineer
at the public hearing;and
WHEREAS,the Jefferson County Hearing Examiner determined that the 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 hearing and his recommendation for the vacation request and hereby adopts the Report and
Recommendation of the Jefferson County Hearing Examiner dated June 4,2018;
NOW,THEREFORE BE IT RESOLVED,that the following be vacated and abandoned
pursuant to RCW 36.87 and JCC 12.10: That portion of Gustaysen Road directly north and adjacent to
parcel 601 061 003,being the south 40 feet of the west 355 feet of the southeast quarter of the southeast
quarter of Section 31,Township 27 North,Range 1 W,W.M.Jefferson County WA. Assessor Parcel
No.601061003;and
BE IT FURTHER RESOLVED,that said vacation shall become effective on the date this resolution
is recorded with the Jefferson County Auditor after remaining fees and compensation for land value are paid.
ADOPTED THIS.25'6 DAY OF ,JL.1.i' , 2018
v r ....t� JEFFERSON i) Y
• x,11,* • • is BOARD OF • "SIONE
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) , ,. / . /1 David . Sullivan John Austin, Chair
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SA6TT Kathleen Kler,Member
ATTEST: Kate Dean,Member
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Deputy C rk of the Board d---
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'5'1i1N�`-' JEFFERSON COUNTY
621 Sheridan Street
Port Townsend, WA 98368
OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
REPORT AND RECOMMENDATION
FILE NO.: JEFFERSON COUNTY ROAD VACATION
APPLICANT: Alvord Investments
Attn: Ira Gerlich
2146 East Shelby Street
Seattle, WA 98112
PROJECT PLANNER: Mara Dotson, Engineering Technician III
SUMMARY OF REQUEST:
Vacate a portion of the Gustaysen Road right-of-way to allow construction of a
garage/carport. The portion proposed for vacation is adjacent to 455 Gustaysen Road,
Quilcene.
SUMMARY OF RECOMMENDATION: Granted, subject to conditions.
PUBLIC HEARING:
After reviewing the Jefferson County Department of Community Development 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 May 15, 2018, at 2:00 p.m. CIE 0 VIE
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Parties wishing to testify were sworn in by the Examiner. JUN - 72018 II
1X r I
JEFFERSON C'OiNl y
DEPT OF COMMUNITY DEVELOPMENT
•
The Minutes of the Public Hearing set forth below are not the official record and are
provided for the convenience of the parties. The official record is the recording of
the hearing that can be transcribed for purposes of appeal.
MARA DOTSON appeared, presented the Department of Public Works Staff Report, and
testified that the application meets all requirements for a road vacation. The County
provided proper notice by both mail and publication. The project is exempt from SEPA
review. Abutting property owners support the application and she has received no
comments in opposition. Public Works requests that the applicant pay 50 percent of the
appraised value of the vacated property. Public Works also desires recorded Quit Claim
Deeds transferring the underlying ownership of the right-of-way to the applicant. The
Examiner makes a recommendation to the Board which will make the final determination.
IRA GERLICH, applicant, appeared and testified that he is requesting the vacation so that
he can construct a garage or covered parking area on the present right-of-way. A house is
located on the parcel now. He has no questions or concerns about conditions of approval.
He finds everything in the Staff Report and Ms. Dotson's testimony accurate.
MS. DOTSON reappeared and testified that virtually the entire parcel is constrained by
slopes. The house is in a stable, flat area. The applicant needs to build the garage in the
road vacation area due to the flatness of the area. Steep slopes are on both sides.
No one spoke further in this matter and the Examiner took the matter under advisement.
The hearing was concluded at approximately 2:15 p.m.
NOTE: A complete record of this hearing is available in the office of Jefferson
County Department of Community Development.
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. This matter is exempt from review pursuant to the State Environmental Policy Act
(SEPA).
3. Proper notice was given pursuant to the Jefferson County Code.
4. The applicant, Ira Gerlich and Alvord Investments, LLC, has a posessory ownership
interest in an irregularly shaped, 2.47 acre parcel of property located at the terminus
of Gustaysen Road in the Quilcene area of unincorporated Jefferson County
(Assessor Parcel 601061003). Improvements on the site include a single-family
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residential home. Staff approved an administrative reduction in the front yard
setback width from the Gustaysen Road right-of-way to four feet on June 2, 2005.
The building permit for said home was finalized on February 28, 2006.
5. The parcel is located within the Rural Residential 1:5 (RR 1:5) designation of the
Jefferson County Comprehensive Plan and in the RR 1:5 zone classification of the
Jefferson County Code (JCC). The parcel abuts Hood Canal and is constrained by
significant steep slopes that descend across the entire lot from the uplands to the
shoreline. The applicant constructed his home in a flat location and desires to
construct a detached garage or covered space for his vehicles in the only other flat
location on the lot, which is the Gustaysen Road right-of-way.
6. Gustaysen Road initially extends south from McDonald Road and then makes a
ninety-degree turn to the west, where it provides access to a number of waterfront
parcels. The right-of-way terminates at the western property line of the applicant's
parcel, however Gustaysen Road is not maintained by the County to its terminus.
County maintenance stops two parcels to the east of the applicant's parcel.
7. The section of Gustaysen Road proposed for vacation provides access exclusively
to the applicant's parcel. Abutting parcels to the west and north access from Rose
Point Drive. Parcels to the east access from the maintained portion of Gustaysen
Road. The area proposed for vacation consists of a section of unopened right-of-
way 40 feet in width and 355 feet in length.
8. The parcel owners on the north side of Gustaysen Road opposite the applicant's
parcel own the underlying parcel supporting the right-of-way. Said owners, Kurt and
Mary Kippenhan, have agreed to convey their ownership interest to the applicant
upon approval of the vacation. The Kippenhans "are wholeheartedly in favor of
vacating the end of Gustaysen Road".
9. In 2008 the Kippenhans petitioned to vacate this same area of right-of-way, but the
Board of Commissioners denied said application as the proposed vacation would
have created a landlocked parcel, namely, the applicant's parcel.
10. Section 12.10.080 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 JCC 12.10.110, and provide a written recommendation to the Board to either
grant or deny the petition together with recommended conditions of approval.
Findings on each applicable criterion set forth in JCC 12.10.110 are hereby made
as follows:
A. Based upon the recommendations of approval from Jefferson County
departments, the proposed road vacation complies with the Jefferson County
Comprehensive Plan and applicable plans, policies, and ordinances. The
Department of Community Development (DCD) has reviewed the request
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and found that the vacation petition complies with the Transportation
Element of the Comprehensive Plan. The vacation will not affect
ingress/egress to adjacent parcels and will not landlock any parcels. The
parcel and parcels within the surrounding area are located within the RR 1:5
zone classification.
B. The unopened right-of-way has not previously served, and now cannot serve,
as a means of providing area circulation. All parcels in the area have access
from a maintained County right-of-way.
C. Quilcene Fire Department was provided a copy of the application and did not
object to the vacation. Therefore, it is assumed that the effectiveness of
emergency services will not be impaired by this vacation.
D. The unopened right-of-way does not presently serve as a utility corridor and
neither Public Works nor DCD recommends retention of utility easements.
Furthermore, Puget Sound Energy, Century Link, and WAVE Broadband do
not object to the vacation and do not request retention of a utility easement.
E. The remaining right-of-way cannot be effectively used as a trail or pathway
since it dead-ends at the applicant's west property line. Jefferson County
Parks and Recreation does not object to the vacation, and no public parks
are located within the area.
F. The right-of-way proposed for vacation does not abut a body of salt or fresh
water and is not zoned for industrial purposes.
G. The proposed vacation will not landlock any parcel of property as all
properties in the area abut maintained County rights-of-way.
11. In accordance with JCC 12.10.120, David R. Rothwell, The Rothwell Company, a
certified appraiser, submitted an appraisal report of the right-of-way parcel, valuing it
at $16,000. The applicant does not challenge said valuation.
4X
•
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and make recommendations on
the issues presented by this request.
2. The request to vacate the western 355 feet of Gustaysen Road located directly
north of and adjacent to Parcel 601061003 satisfies all criteria set forth in JCC
12.10.110. Therefore, the Board of Jefferson County Commissioners should vacate
said right-of-way, subject to the following conditions:
A. The applicant shall pay to the County 50 percent of the appraised value, or
$8,000.
B. The applicant shall provide a Quit Claim Deed from the Kippenhans
transferring the underlying ownership of the right-of-way to the applicant and
shall record said deed upon approval of the vacation.
RECOMMENDATION:
It is hereby recommended that the Board of Jefferson County Commissioners vacate the
portion of the Gustaysen Road right-of-way adjacent to the north property line of Parcel
601061003, being the south 40 feet of the west 355 feet of the southeast quarter of the
southeast quarter of Section 31, Township 27 North, Range 1 W, W.M. Jefferson County,
subject to compliance with the conditions set forth in the conclusions above.
RECOMMENDED this 4th day of June, 2018.
STEPHEN . CAUSSEAUX, JR.
Hearing Examiner
5X
. ' Jefferson County
'1? Department of Public Works
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f) 623 Sheridan St.
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, Port Townsend, WA 98368
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1 (360) 385-9160
Monte Reinders, P.E.
Public Works Director/County Engineer
Engineer's Report
TO: Board of County Commissioners
Jefferson County Hearing Examiner
FROM: Monte Reinders, P.E., County Engineer
DATE: May 2,2018
SUBJECT: Engineers Report
Petition to vacate a portion Gustaysen Road, County Road No.327809
Petitioner Ira Gerlich, Alvord Investments LLC, APN 601 061 003
Project No. 97016001
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 that portion of Gustaysen Road right-of-way described as: That portion of
Gustaysen Road directly north and adjacent to parcel 601 061 003, being the south 40 feet of the
west 355 feet of the southeast quarter of the southeast quarter of Section 31, Township 27 North,
Range 1 W, W.M. Jefferson County WA. Assessor Parcel#601061003.
2. The Gustaysen Road right-of-way originated by deed reservation on July 17, 1946. A portion was
also established as a county road by Resolution No. 30-74 on June 24, 1974. Per RCW Chapter
36.87.090 this right-of-way is not statutorily vacated.
3. The right-of-way area requested for vacation has not been improved to public road standards and
has never been opened as a public road or been maintained by Jefferson County. The area of right-
of-way requested for vacation is considered excess to County roadway needs. No public
expenditures have been made in the improvement or maintenance of this portion of the right-of-way.
4. In 2008 the property owners to the north,Kippenhan,petitioned to vacate the same area of right-of-
way.Kippenhan's petition was denied by the Jefferson County Commissioners based on the Hearing
Examiners'report that the vacation would create a land locked parcel.The original right-of-way was
created by reserving the south 40' of the SE1/4 of the SE1/4. The properties to the south are in a
different quarter section but benefit by this right-of-way even though their parcels did not contribute
land. Should the right-of-way become extinguished through a road vacation the right-of-way would
revert to the property owners to the north, which would again land lock the parcel to the south.
However, the current petitioner(south property owner) has worked with the property owners to the
north(Kippenhan& Fisherman's Point)and acquired Quit Claim Deeds for this 40'. As a condition
of the approval of this road vacation,these Quit Claim Deeds will need to be recorded concurrently
with the recording of the approved road vacation.
Engineer's Report — 2
Road Vacation for Gustaysen Road
***************
5. Public Works Road Maintenance Superintendent has no comment, nor recommendation, on the
proposed road vacation.
6. The subject portion of right-of-way does not provide for overall area or neighborhood circulation
nor is there any anticipated future need for this right-of-way.
7. The effectiveness of emergency services will not be impaired by this vacation.
8. The right-of-way does not abut a body of salt or fresh water(See RCW 36.87.130).
9. The petitioner will be the sole owner of the property adjacent to the right of way requested for
vacation.
10. The petitioner is the only signature required because it meets the majority requirement for owners
of property adjacent to the proposed vacation area.
11. The Department of Community Development(DCD) has reviewed the proposed road vacation for
compliance and consistency of the Jefferson County Comprehensive Plan, any other applicable
plans, and review of environmentally sensitive areas. DCD does not object to the road vacation.
[See DCD Report, Attachment C, of Staff Report]
12. Jefferson County Parks are not located within the area of the proposed vacation.
13. WAVE has utilities in the area but does not object the road vacation. [See Attachment E, of Staff
Report]
14. Century Link has utilities in the area but does not object to the road vacation. [See Attachment F,
of Staff Report]
15. Jon Evans, neighbor to the west has submitted written testimony in support of the proposed road
vacation. [See Attachment H of Staff Report]
16. Kurt& Mary Kippenhan, neighbor to the north and adjacent to property has submitted testimony
that they are"wholeheartedly in favor of vacating the end of Gustaysen Rd". [See Attachment I of
Staff Report]
RECOMMENDATION
Therefore, based on the foregoing Findings, and provided that the petitioner record the Quit Claim Deeds
transferring the underlying ownership to the petitioner, and that no contrary testimony or new findings are
presented at the hearing, the County Engineer recommends that the Board of County Commissioners approve
this road vacation request.
Proposed Road Vacation
PETITIONER,Alvord Investments LLC, Ira Gerlich- Road Vacation,That portion of Gustaysen Road
directly north and adjacent to parcel 601 061 003, being the south 40 feet of the west 355 feet of
the southeast quarter of the southeast quarter of Section 31,Township 27 North, Range 1 W,
W.M.Jefferson County WA. Assessor Parcel No.601061003. Project Coordinator: Mara Dotson
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' 1 6 C � 1NTY DEED -- No. 116
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EFFEON COUNTY, WASHINGTON
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Um party of the first part,and.. ... ...$!,. f- se!•4l t . a /(gym'-cvaws•�tlrt.!party of the second part,
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WITNESSETH,That whereas,at a penile sale of real elate,held on the__..___....d.A._'1.t.�...r.......day of.._....._. sass.. ......._.......A.D.16.;1 • •'
phrenunt to an order or the board at County Commissioner/let the County at Jeannine.State of Washington.d y mad and entered,and alter ,
having Oral given due notion of the Unto and pleas and terms et sold sale,and whereas.in pursuance of old order of taeeeatd�Hoard of County
t'nenmlealonorn,sod of the taws of the State of Washington,and for sad In coneldentlon of the sum at E�'.r'r'e-K• CI b,,_gg)
C. n,law gi moonneeyy of the United Stattee pt Ameriea toozoo iin/phaandd paid.the receipt whereof Is hereby aeknowladged,I have this day sold to
.. ..AZe ^.QT f - t�t�4•trt;.d,ar`;,..(:��'-'do....a.RMt/ Lbs following doom-lOed reel estate,and which cold real aerate
Is the property of Jefferson County.and which la particularly described no fallow.,to-wit:
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8E}of SE}of Section 31, Township 27 North, Range 1 West W. b., and there ie row =-q'2;:'
nerved frau the lands herein described the North 40 feet and the South 40 feet thereof s
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es right of way for county highways as may be authorized by the Board of Commioeionern L
of Jefferson County, Wall.
(Thin deed issued pursuant to County Contract No. 3B2) ,±,:
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the sold'" 7 `!C/f.a stat!!;,,+✓.'�(. 1:!45.,�4eG /-n„aleine the hudiest end ln•.t Welder at..,:d:.a., - ^'
num being the highest and hest sum bid at said Balt ,A0 1/*
Now,therefore,know ye that I U 9 1
Bald(;aunty of JogOroon,80000 of Washington,In eoeaiticn[lo of file PrP •a and by vitt of fIn.Ill 01 rn of lir sI:,I,•,CI I ;I{ •'
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Canes made sad provided,lin hereby grant and convey unto 7 .a!L'-8� /�® / ,tu (y y:T;
hairs and omelette forever,the cold real estate hereloheLore closer had,no folly and completely'asThe',old pile.',td Int li,�t es °I,,, t, .,,F h, 5,
premises convey the name. ss
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Shen under me hand and seal of office this _.f 4. ..day of
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Treaeorer of Jefferson County,trusitington.
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STATE OF IYASHI\OTO\, t ... V......County of Jefferson fi1:wlr.::
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On this..-... /6-sae, day of ...._........ vas s .-......_...A.D.101‘4,before me.the ledeteicned.In nod
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for mm county and State,personalty appeared _....7._72 t0 tee personally r.0•.
known Had known to me to be the Treasurer of,/Jefferson County,Washington, and the person described ht and
...t�,hn executed Um foregoing
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p Instrument,and.._....ho acknowledged to me that'-'digned and executed the same as Treasurer Trearer of said County,as -"It•- free and vdluntarr
Fa net and deed for the use and pOrpn0ee therein mentioned.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year to this certlfirate first above written
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Department of Public Works
Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, P.E., Public Works Director
Agenda Date: June 25, 2018
Subject: A Resolution to Vacate a portion of a County Road,
Known as Gustaysen Road
Statement of Issue:
The Board is asked to consider the Hearing Examiner's Report and Recommendation
(attached) pertaining to a petition to vacate, that portion of Gustaysen Road directly north
and adjacent to parcel 601 061 003, being the south 40 feet of the west 355 feet of the
southeast quarter of the southeast quarter of Section 31, Township 27 North, Range 1 W,
W.M. Jefferson County WA. Please see attached map.
Analysis/Strategic Goals/Pro's Et Con's:
The road vacation hearing was conducted before the Jefferson County Hearing Examiner on
May 15, 2018. Based upon the recommendation contained in the County Engineer's report, as
well as testimony gathered for the hearing from other departments, agencies, and
individuals, the Hearing Examiner has recommended that the vacation be approved on the
conditions that the 50% of appraised value be paidfand that the Quit Claim Deeds from
Kippenhans, transferring the underlying ownership of the right of way to the applicant be
recorded prior to or concurrently to the recording of the resolution to vacate.
3�
PL.'s _.Lt TL' Se-Cccn t2- ). l Z� uE j e yrs ., ap�.ti-7 ,d7i -.
Fiscal Impact/Cost Benefit Analysis: �J
The petitioner will pay remaining costs, including land value compensation, associated with
the road vacation prior to the resolution being recorded.
Recommendation:
Department of Public Works recommends that the Board approve the vacation of the subject
portion of right-of-way by signing the attached Resolution, which will be recorded upon final
payment by the petitioner and recording of the Quit Claim Deeds.
Department Contact:
Mara Dotson, Engineering Technician III, 385-9218
Reviewed_By:
`672-1F
ilip Morley, my Administrator Date