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Home My WebLink About010 98 (!r!.- ~ P~Vl ì "-L. ~I ~~lc -7~ r .f!..- , ð" l-f. b STATE OF WASHINGTON County of Jefferson IN THE MATTER OF A RESOLUTION } being adopted by the Jefferson County } BOCC allowing for certain properties } to be subdivided below the mapped base } density contained in the IGSO } Resolution No. 10-98 WHEREAS, the Jefferson County Board of County Commissioners adopted Emergency ordinance No. 05-0214-96 establishing interim land use controls on February 14, 1996, pursuant to Chapter 36.70.790 and Chapter 36.70A.390 RCW; and, WHEREAS, the Jefferson County Board of County Commissioners, after receiving written public comment regarding the above cited Emergency Ordinance, held public workshops on March 19, June 4, July 23, and August 13, a public hearing on March 25, and fourteen (14) "'On The Road" public meetings between March 21 and May 23, 1996; and, WHEREAS, after hearing public testimony, the Jefferson County Board of Commissioners amended Emergency Ordinance No. 05-0214-96 by adopting Emergency Ordinance No. 09-0819-96 on August 19, 1996; and, WHEREAS, the Emergency Ordinances cited above are interim measures prior to Jefferson County adopting a Comprehensive Land Use Plan in accordance with the Growth Management Act (GMA); and, WHEREAS, the Jefferson County Board of Commissioners repealed Emergency Ordinance No. 09-0819-96 on September 16, 1996 because the Jefferson County Prosecuting Attorney's Office had not reviewed and approved "'as to form" Emergency Ordinance No. 09- 0819-96; and, WHEREAS, on September 16, 1996 the Jefferson County Board of Commissioners authorized the Director of Community Development to implement the substantive content of Emergency Ordinance No. 09-0819-96 administratively; and, WHEREAS, the Director of Community Development has sought Board guidance in administering the substantive content of Emergency Ordinance No. 09-0819-96, particularly in relations to a variety of scenarios where property owners have more than one single family residential dwelling unit on a single, undivided parcel of land and/or multiple installed septic systems and/or multiple permits for uninstalled septic systems granted for a single undivided parcel of land; and, WHEREAS, the Jefferson County Board of Commissioners desire to provide relief to these property owners where possible and allow them to legally subdivide their "non- conforming" property and bring the property into conformance; and, SEORD.DOC 1/15/98 ,VOL 24 r~r;~ 51 1 WHEREAS, there is limited number of properties to be brought into conforming status; and, WHEREAS, some of the subject properties cannot be subdivided to meet the minimum lot size and/or density requirements contained in the IGSO, Ordinance No. 05-0214-96; and, WHEREAS, the subject properties do not qualify for relief under the definition of "hardship" nor would they qualify for a variance from applicable ordinances and/regulations; and, WHEREAS, the division of the subject properties must be in accordance with the Washington State Subdivision Statute RCW 58.17 et seq. and Jefferson County Subdivision Ordinance No. 04-0526-92, 3rd Edition. NOW, THEREFORE, BE IT RESOLVED by the Jefferson County Board of Commissioners: Section 1.0 Criteria To Be Applied: If at the time of passage ofthis Resolution, a lot ofrecord was lawfully occupied by two (2) or more single family residences, such lot may be granted short plat approval under Title 17, Jefferson County Code, in order to permit the segregated sale or transfer of said property, even though the resulting new lot(s) may result in a size less than the minimum size required for the zoning district in which the property is located. Owners of such properties meeting the following criteria shall be allowed to apply for subdivision under Jefferson County Subdivision Ordinance No. 04-0526-92, 3rd, Edition, Section 5, Short Subdivisions and receive relief from only the density and/or the minimum lot size1equirements of Ordinance No. 05-0214-96, the Interim Growth Strategies Ordinance (IGSO). l.l.a. The parcel to be divided contains more than one existing legally permitted residential structure (not including an approved or functioning Accessory Dwelling Unit), of which all structures have an individual, legally permitted and installed septic system approved by the Jefferson County Environmental Health Department, and neither structure was approved as, or functions as, an accessory dwelling unit (ADD). 1.I.b. The parcel to be divided contains one or more existing legally permitted residential structures, of which each structure has an installed, individual and legally permitted septic system approved by the Jefferson County Environmental Health Department, and the property contains at least one additional legally permitted and installed septic system not yet dedicated or connected to an existing residential structure. 1.2. An owner property which meets the above criteria in 1.I.b., and has more than one unconnected, but legally permitted installed septic system approved by the Jefferson County Environmental Health Department shall only be allowed to create one additional lot through the short plat process fi-om the total land area to accommodate only one , VOL 24 ( I.r·f"" r.t~ V::~ 52 2 legally permitted installed, but undedicated septic system, regardless of the total number of legally permitted and installed, but undedicated septic systems on the property. 1.3 Each of the existing residential units was constructed in compliance with all applicable building codes, zoning codes and County, State and Federal law in effect at the time of construction and/or placement in the case of a manufactured or mobile home, and none of the residential structures were permitted as an ADU and neither structure consists of a Recreational Vehicle or travel trailer. 104. Each ofthe installed sewage disposal systems were legally permitted at the time of installation and are currently functioning properly as determined by the Jefferson County Environmental Health Department and in compliance with the applicable environmental health regulations as reviewed and approved by the Jefferson County Environmental Health Department. 1.5. The property shall be divided in a manner that creates lots of a size which are as equal as possible and as close to conforming with the minimum lot size or mapped density requirements contained in Ordinance No.05-0214-96 (IGSO) whichever is the more restrictive. 1.6. Lots created under the authority of this Resolution are exempt only from the density and/or minimum lot size requirements as provided by the IGSO. Each new lot created under the provision contained in this Resolution are subject to all other standards and requirements of County, State and Federal law. 1.7. Each new lot will be provided its own access or agreed upon legally created shared access (shared easement) as in compliance with all County and State laws and regulations. 1.8. The responsibility is on the proponent to demonstrate that each residential structure was constructed or sited under a valid building permit and/or the regulations in effect at the time of construction or placement in the case of a mobile or manufactured home and each septic system was approved and inspected by the Jefferson County Health Department. 1.9. In addition to the Notification requirements contained in Appendix B, Final Short Plat Checklist (Ordinance No. 04-0526-92, 3rd. Ed.), property divided under the provisions of this Resolution shall include a notice affixed to the face of the recorded plat stating that the lot(s) created shall not be further subdivided unless the new lots can meet base density and/or the minimum lot size required by the regulations in effect at the time. Section 2.0 Restrictions: The provisions contained in this Resolution shall not apply to Recreational Vehicle Parks, Mobile Home Parks, Seasonal Campgrounds, Camper Clubs, Seasonal (vacation) homes, or property developed under the Binding Site Plan provisions contained in Jefferson Count Code, Title 17.m VOL 24 rM;~ 53 Section 3.0 Procedural Requirements: Applicants meeting the above criteria and applying for an exemption to the base density/minimum lot size requirements contained in the IGSO shall follow the procedure outlined in the JCC, Chapter 17, Section 17.25 governing short plats. Section 4.0 Appeals: Applicants who are denied an exemption to base density may appeal to the Jefferson County Hearing Examiner in accordance with Jefferson County Ordinance No. 08- 0408-96 (Optional Consolidated Permit Process). ~ Section 5.0 ~on: Adopted by the Jefferson County Board of Commissioners this c:2lL day of.::Jt(Ndl, 1998. ." ,_._'_. - I ~ ,'~I-~~ ,/,:':~:--' !" SEAL:-:.I- .-_~- -, .. 0 0- .I I' '\ l '-~:.- -. \ II'~.~';'¡. ~,. .,.......fÞ. '. ' , ,/ ';'--_ ~_?~__. __'~ . J' ~.. .. ,:~:I , . " :<..ït,'.'. ~..~'» J4- <'"(,: \- j- \ .1&-- . OC". _ , --... '.111; -. ~ .. - ~ " . \..--.. . - , - ". , ATTEST: '....,. "'- JEFFERSON COUNTY BOARD OF COMMISSIONERS j)f0\ APPROVED AS TO FORM: ONLY ~~~ Fo ·.Jeffe son County Prosecutor's Office Al calf, Director, Department of Communit evelopment 1115/98 VOI_ 24 rM,: 54 4 I 1 I <0 I I I I I I I , r J I I I I L -\-_1 I r r J I [ 1 r , I rT' r I ~ <0 I I I \ I I I J ) I J } 1 / I I I ..J:: <.> '" '" ...... <1.> .- .~ E c (I) ;::S 0.. <ti E ".;:: B c '" (I) ;;... "0 '" . "- u"'-'" '" ._ "0 (I) ...... (I) ..... 0.._ <1.> (1)- L.. tr,I..5 ° "0 '" E (I).E: ..... :> C ° e ;::s ___ 0. '" N 0. E '-""'(I) o -5 ~ :3:.- ;;... f-:3:~ .~ § .~ ao- .:::: g. := rñ ~"C :3:~ "O<ti - ...... .~ ~ -c:; ~ c .- '" '" (I)"C ..... (I) <1.> :> ..... ° ° ..... E §:: ..... 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