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RES 85-07 SSDP FOR PAINT STORAGE BUILDINGLCM:clh 4/8/85 RESOLUTION NO. 85-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, FORMALIZING APPROVAL OF A SHORELINE SUBSTAN- TIAL DEVELOPMENT PERMIT FOR THE WASHINGTON STATE DEPART- MENT OF TRANSPORTATION PAINT STORAGE BUILDING. WHEREAS, an application has been submitted to the City by the Washington State Department of Transportation for a Shoreline Substantial Development permit for the construction of a paint storage building and said application has been reviewed by the Winslow Planning Agency, and WHEREAS, the Winslow hearing examiner conducted a public hearing on the application on January 31, 1985, and has entered his formal findings of fact, conclusions of law and recommendation, and WHEREAS, the Winslow City Council considered the recommendation of the Planning Agency and the findings, conclusions and recommendation of the hearing examiner at its regular meeting of Thursday, April 4, 1985, and at that meeting by motion approved the application subject to the condi- tions recommended by the hearing examiner, and adopted the findings and conclusions of the examiner, now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. The application of the Washington State Department of Transportation for a Shoreline Substantial Development Permit for construc- tion of a paint storage building, hearing examiner file number HE XS1-85, is approved, subject to the conditions recommended by the Winslow hearing examiner as set forth in the examiner's findings, conclusions and recommen- dation dated February 18, 1985. Section 2. The findings and conclusions of the hearing examiner, a copy of which are attached hereto, are hereby adopted by the City Council as its findings of fact and conclusions of law with regard to this matter. Section 3. The effective date of the approval of the Shoreline Substantial Development permit shall be April 4, 1985, which is the date of the Council meeting at which the application was approved by motion. RESOLVED this 18th day of April, 1985. APPROVED: MAYOR, ALICE B. TAWRESEY~ ATTEST/AUTHE NT I CATED: FILED WITH THE CITY CLERK: llo',zembe~ 5, 1984 PASSED BY THE C~ ~NCIL: Apri~ ~8, 1985 RESOLUTION NO. ' BEFORE THE HEARING EXAMINER CITY OF WINSLOW CITT 13F WINSLOW Washington State Department of Transportation, Applicant In re the Matter of the Application ) for a Shoreline Substantial ) Development Permit, ) ) ) ) ) File No. HE X-1-85 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION THIS MATTER came before Gordon S. Jones, Pro Tem Hearing Examiner for the City of Winslow, on January 31, 1985, at 6:30 p.m., for a public hearing to consider an apDlication submitted by the Washington State Department of Transportation for a Shoreline Substantial Development Permit. Applicant was represented by Ben Klein and Rex L. Heberden, and the City of Winslow was repre- sented by A1 Grajeda. .. The witnesses were sworn in, testified and were subject to cross-examination. From such testimony, together with Exhibits 1 - 12 contained within the public file and admitted into evidence in this proceeding, the Hearing Examiner makes and enters the following: FINDINGS OF FACT The instant property is located on a pier at the State of Washington Ferry Maintenance Facility, at the foot of Harbor View Drive, in Winslow, Washington. Said property is within the Industrial Use Zone under the City of Winslow Master Shoreline Program. II. Applicant proposes to construct a new structure, approximately 38 feet by 38 feet, to be used as a paint storage facility, and to add onto an existing building a selfcontained storage facility measuring approximately 16 by 12 feet. The purpose of the new building and the addition is for the storage of fla~fu~able liquids such as gasoline, lacquer, lacquer thinnet, naptham, mineral spirits, turpentine, varnish and kerosene. This construction was prompted due to Department of Labor and Industry regulations prohibiting the storage of such materials in their present locations. III. The building and the addition are being designed to conform to Department of Labor and Industry guidelines relating to health and hazard conditions of storing such materials, so as to reduce the current risks of waste materials entering the water, of fire or explosion. IV. This proposal was presented to the ~qinslow Planning Agency on DeCember 13, 1984, and the Agency unanimously recommended approval of the Shoreline Substantial Development PeanUt, subject to: 1) Installation of a pump in the paint storage building, 2) Adequate fire protection in both buildings, and 3) Construction of the new building being made with regard to potential explosion and fire. V. It would appear that the Applicant has designed the new structure and addition of the. existing building to provide for a high standard of safety against fire, explosion and spills. The City's Land Use Administrator voiced some concern that the project should be required to keep on hand a portable pump to assist in cleaning up spills. VI. Notice of this public hearing was duly published by the 'City of -2- Winslow Clerk on January 16, 1985 and January 23, 1985. VII. A Determination of Non-Significance was prepared by the T~ad Agency and sent to the City of Winslow on November 2, 1984. VIII~ Other than the representatives from Applicant and City of Winslow Land Use Administrator, no other individuals appeared at the hearing. Based upon the foregoing findings of fact the Hearing Examiner makes and enters the following: CONCLUSIONS OF LAW I. The Hearing Examiner has jurisdiction over the subject matter. II~ / The proposed project is a permitted use within the area within t/~at it is located. III. Proper application was made by the Applicant for the instant Shoreline Substantial Development Pe~it. IV. Due notice of the herein on said application was given. V. The Determination of Non-Significance dated November 2, 1984, was correctly issued and there is no necessity for applicant to have submitted an Environmental lmpact Statement. VI. The nature and quality of the project is within the spirit and guidelines for the protection of the Statets shorelines, as -3- 'established by the Washington State Environmental Policy Act and Shorelines Management Act. RECOMMENDATION The application for the Shoreline Substantial Development Permit made by the Washington State Department of TransportatiOn should be granted subject to the Department's assurances that a portable pumping device will at all times be on hand at the 'premises, and further subject to the project complying with all applicable building and fire codes and regulations. DATED the 18th of February, 1985. -4-