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HomeMy WebLinkAbout078 01 =>. 1111111111111111111111 ::;~~~~~ '" J.ff.rlon County, WA ROBERTA MEYER RESO 9.00 STATE OF WASHINGTON COUNfY OF JEFFERSON In the matter of x RESOLUTION NO. 78-01 The Standard Vacation of a x Portion of Lotta St. in the x Plat of Olson's Addition to Irondale x WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition subnútted by Roberta Meyer; and WHEREAS, the Jefferson County Hearing Exanúner held a public hearing on the road vacation petition on August 7, 2001; and WHEREAS, the Jefferson County Hearing Exanúner considered testimony of the public, comments from applicable departments, agencies and offices, and recommendations from the Jefferson County Department of Public Works and Jefferson County Department of Community Development at the public hearing; and WHEREAS, the Jefferson County Hearing Examiner determined at the public hearing that the public will benefit from the vacation of this road 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 Exanúner's report of the public hearing and his recommendation for the vacation request and hereby adopts the Findings of the Jefferson County Hearing Examiner dated August 21, 2001, NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to RCW 36.87.140 and Jefferson County Road Vacation Ordinance No. 07-0809-99: that portion of platted Lotta Street abutting block 4 in Olson's Addition to Irondale as recorded at volume 2 of plats, page 142, records of Jefferson County, Washington. This vacation affects parcel number: 901101010. Subject to any easements of r:;~ ADOITED THIS AY OF ,2001 . .,~wnt C a I., 1.(, .,.tiF· , ' ,:·~i·", ~¡¡a. ". I,) ... CJ~¿."('" .~....~,.. " <::>J 01:1:- . ''C1' . :.b·. ,', "! . ,- ~. ~- -. HJ;·!"::·':.,,· ~~.) . .1 ~~.' m ~ \\ ( ..corE/a ' I ' " ~'. " f~.:.~ -ç!;:: I " ,,' .: .., "." -" ~' ... . , - ., 11(.' --. t . SEAL:"-' !, ... .' . ... . .... ~. .;¡ _ . \ r ~~jM Lorna 1. Delaney ~ Clerk of the Board á Department of Public Works Regular Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: From: Board of Commissioners Charles C. Saddler, County Administrator Frank Gifford, Public Works Director 7~J:J Agenda Date: September 17, 2001 Subject: Standard Road Vacation Request, Portion of Lotta Street, Plat of Olson's Addition to lrondale; Roberta Meyer, Petitioner Description: Road Vacation petition submitted by Roberta Meyer, for a portion of Lotta Street within the Plat of Olson's Addition to lrondale, further described in the Resolution, (Also see attached map) Statement of Issue: This road vacation was heard before the Jefferson County Hearing Examiner on August 7, 2001, His recommendation is enclosed, Analysis: The BOCC is to take into consideration the Hearing Examiner's recommendation, the County Engineer's report, and any other comments that may be received from the public and/or adjoining property owners. Alternatives: The BOCC may deny, accept, adopt in whole or in part, or make separate findings, based upon the testimony presented at this public meeting. Department of Public Works Regular Agenda Page 2 of 2 Fiscal Impact: None. Revenue Budget Line: Expenditure Budget Line: Future Budget Impact: N/A N/A N/A Amount: Amount: N/A N/A Recommendation: The Public Works Department recommends signing the Resolution, vacating that portion of Lotta Street as requested, and returning the original to Wendy Ward in Public Works for recording. Reviewed By: IkL~ Charles C. Saddler, County Administrator JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS P.O. Box 2070 1322 Washington 8t. Port Townsend, WA 98368 (360) 385-9160 Frank Gïftord, Public Works Director Robert G. Turpin, P.E., County Engineer MEMORANDUM TO: Board of County Commissioners FROM: Robert G. Turpin, County Engineer tt4:7 DATE: July 20, 2001 SUBJECT: Engineer's Report on request to vacate a portion of Lotta Street In accordance with Ch 36.87 RCW, I have examined the above referenced road, and submit the following report. 1. The road requested for vacation was dedicated in the plat of Olson's Addition to Irondale and recorded on August 27, 1910, and therefore is not vacated under Ch. 36.87.090 RCW. 2. The requested vacation area is not open to traffic. 3. The public will benefit by enhancement of the develop ability of the property and by increasing the taxable value of the property once the vacation is completed. RECOMMENDATION: Therefore, based on the foregoing Findings, the Department of Public Works recommends that the Board of County Commissioners approve this vacation request. 1 BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY 2 3 4 RE: Petition by Roberta Meyer to vacate a portion of Lotta Street located off of Rhody Drive in Chimacum, ) File Lotta Street RW ) ) ) ) FINDINGS, CONCLUSIONS, ) ) AND RECOMMENDATION ) ) 5 6 7 8 9 BACKGROUND INFOBMATION 10 This petition involves a portion of Lotta Drive, which has not 11 been developed as a street. The right-of-way lies between two parcels 12 adjoining on the north and one parcel adjoining on the south, The 13 Lotta Street petition area is about 345-feet in length and 30-feet 14 wide. 15 PROCEDURAL INFOBMATION 16 Notices: Mail.ed: June 22, 2001 17 Posted: July 16, 2001 18 Publication: July 25 and August 1, 2001 (Port Townsend- 19 Jefferson County Leader) . 20 SEPA: Categorically exempt per WAC 197-11-800(2) (h). 21 Site Visit: August 7, 2001. 22 Hearing Date: August 7, 2001. 23 TESTIMONY : 24 The public hearing was opened on August 7, 2001 at 1:15 p.m. in the 25 Courthouse Lower Level Conference Room. After the procedures for the 26 public hearing were explained, testimony was accepted. All testimony 27 was taken under oath. A verbatim recording of the public hearing was 28 made and is maintained in the Jefferson Permit Center file. 29 Roberta Meyer, Petitioner Lotta Street R/W Page 1 Findings, Conclusions and Recommendation 1 Participants: 2 Wendy Ward, Public Works Engineering Technician II 3 Roberta Meyer, Petitioner 4 The public hearing was closed at 1:20 p.m. 5 TABLE OF EXHIBITS: 6 ExhibítIAttachment Document ... Date, .. / ... 1 Staff Report together with 10 attaclunents No date A Memo from County Engineer 7/20/2001 B Memo from County Assessor 7/19/2001 C Memo from Department of Community Development 7/16/2001 D Copy of Email from puget Sound Engergy 6/28/2001 F Response from Qwest 6/28/2001 G Minutes from Parks Advisory Board Meeting 7/11/2001 H Assessor's and Vicinity Maps No date I Posting Notice Verification 7/19/2001 J APO List for Lotta Street No date 2 Copy of Right-of-Way Petition 6/19/2001 7 8 9 10 11 12 13 14 15 16 1. FINDINGS OF FACT The petition is to vacate a portion of Lotta Street lying east of 17 Rhody Drive, with a platted length of 345 feet and width of 30 feet 18 abutting Block 4 in Olson's Addition to Irondale, as found in Volume 2 19 of plats, page 142, records of Jefferson CountYI and situated in 20 Section 10, Township 29 North, Range 1 West, WM. 21 2. The principal petitioner is Roberta Meyer (Tax Parcel 901101010), 22 property owner adjoining on the south. Joining petitioners are 23 Frances & Robert Johnson (Block 4 Lots 5-8, Olson's Addition to 24 Irondale) and William & Maureen Level (Block 4 Lots 1-4, Olson's 25 Addition to Irondale), 26 3. Access to the Johnson property is from Hilda Street on the north. 27 Access to the Level property is from Rhody Drive and Hilda Street. 28 4. There were no parties in opposition at the public hearing. 29 Roberta Meyer, Petitioner Lotta Street R/W Page 2 Findings, Conclusions and Recommendation 1 5. The Petitioner stated in the following reasons for the requested 2 vacation: 3 This street runs between our property's. It ends at the bottom of the hill, which lies between the Johnson's property and the 4 Meyer's property, The County would probably not develop this into a street as the property owners have other accesses to their 5 property. We as the owners of the property on both sides of the street would like to repair or replace the fence that has existed 6 for over thirty years or more. We also have a mobile home that is sitting partially on the 7 Street, There was a permit obtained to put the mobile where it is. There would also be a better property line for all those 8 involved. 9 6. The following are summary responses by reviewing agencies:1 10 Agency .. ...'. , .... ."., ^ ,.. Ii. .·$ou~ .... ..... County Engineer Recommends Approval with comments Attach A Assessor's Office Appropriate Compensation: $720.00 Attach B Community Development Recommends Approval with comments Attach C Transportation Planner No objection with comments Attach D puget Sound Energy Requests that easement rights be Attach E reserved (see Finding 9) Qwest Telephone No objection Attach F Park Advisory Board No objection Attach G Sheriff/Emergency Services No response Fire Protection Dist 3 No response PUD #1 No response WaDOT No response 11 12 13 14 15 16 17 18 19 20 7. The County Engineer notes that Lotta Street was dedicated in the 21 plat of Olson's Addition to Irondale and recorded on August 27, 1910, 22 and therefore is not vacated under RCW 36.87.090, and that the street 23 is not open to traffic. 24 8, The Transportation Team made the following comments: 25 1. There is no evidence that this right-of-way has ever been opened to traffic, 2. The right-of-way is not necessary for overall traffic circulation, 3. The right-of-way is currently being used for yards and has structures on it. 26 27 28 29 1 Source references are to attachments to the Staff Report, Exhibit 1 Roberta Meyer, Petitioner Lotta Street R/W Page 3 Findings, Conclusions and Recommendation 1 9. Puget Sound Energy requests that easement rights be reserved for 2 PSE facilities, which consist of a down guy and anchor that come from 3 the Pole (with grid no. 638038-152400) described further on a map held 4 with the record. 5 REVIEW CRITERIA 6 Right-of-way vacation petitions are subject to JCC Chapter 12,10, Road 7 Vacations, and in particular the review criteria of JCC 12,10.130. B 9 10 1. 11 2, CONCLUSIONS OF LAW Each of the seven criteria specified by JCC 12.10,130 is met. Since the property owner of the lot adjoining the east end of the 12 Lotta Street right-of-way did not testify, and since access to that 13 2,37-acre parcel has its principal access from Hilda Street on the 14 north, it is reasonable to assume that there is no objection. The 15 requested vacation should be approved. 16 17 RECOMMENDATION 18 Based upon the testimony presented at the Public Hearing, the 19 documents and exhibits admitted into the record, and the findings and 20 conclusions above, the Hearing Examiner recommends that the requested 21 vacation be APPROVED, subject to the following conditions: 22 1. Easement rights shall be provided in accordance with Finding 9. 23 2, 24 Compensation shall be made as calculated by the Assessor. DATED this 21 at day of August 2001. 25 26 ~~ \L~ 27 28 Irv Berteig Jefferson County Hearing Examiner ib 29 Roberta Meyer, Petitioner Lotta street R/W Page 4 Findings, Conclusions and Recommendation \ , 1 NOTICE: 2 A copy or notice of this Recommendation was transmitted by the 3 Jefferson County Permit Center to the following: 4 5 Date Transmitted: 6 Roberta Meyer, PO Box 391, Chima cum, WA 98325 7 Robert & Francis Johnson, 4081 West Valley Road, Chimacum, WA 98325 8 William & Maureen Level, 20 Hilda Street, Chimacum, WA 98325 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Roberta Meyer, Petitioner Lotta Street R/W Page 5 Findings, Conclusions and Recommendation 2: W -q- 0 -1 0 -< '« 0 x: 2: U C/) 0 n:: <:\ ° 2: --' a .... C/) a j OJ -1 I- a .() \Z6.ê.O ~ 59'1"'1:3-E. 0 . <J () J ..) .0£ fl\ ~ N C'I ~ ~ :: ~ ,j ~d ¡ ~ ·1 ¡ J ;ù o " ¡ " 0 o . ¡ . . , '" . 011' > / J¡; ( · }:,.,---:- . n,,92.01.IS tfll ~ O·.I;? 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