2005106010 SUPT - Thurston County

BEFORE THE HEARING EXAMINER
FOR THURSTON COUNTY
COUNTY COMMISSIONERS
Cathy Wolfe
District One
Diane Oberquell
District Two
Robert N. Macleod
District Three
HEARING EXAMINER
In the Matter of the Application of ) PROJECT NO. 2005106010
) SEQUENCE NO. 05-119983 ZM
)
) Clemen Kennel
Julie Clemen )
) FINDINGS, CONCLUSIONS,
) AND DECISION
For a Special Use Permit )
)
SUMMARY OF DECISION
A Special Use Permit to allow the operation of a kennel with capacity for 24 small (20 pounds or
less) dogs at 7826 Diagonal Road SE in rural Thurston County is GRANTED, subject to
conditions.
SUMMARY OF RECORD
Request
Julie Clemen (Applicant), requests approval of a Special Use Permit (SUPT) to allow the
operation of a kennel with capacity for 24 small (20 pounds or less) dogs at 7826 Diagonal Road
SE in rural Thurston County.
Hearing Date
The Thurston County Hearing Examiner conducted an open record public hearing on the request
on April 17, 2006.
Testimony
At the open record public hearing, the following individuals presented testimony under oath:
Roger Giebelhaus, Associate Planner, Thurston County Development Services
John Ward, Thurston County Environmental Health Division
Scott Davis, Thurston County Roads and Transportation Services
Betty Clemen, Applicant Representative
Jim Clemen, Applicant Representative
2000 Lakeridge Drive SW, Olympia, Washington 98502 (360) 786-5490/FAX (360) 754-2939

Exhibits
At the open record public hearing, the following exhibits were admitted into the record:
EXHIBIT 1 Development Services Planning & Environmental Section Report including the
following attachments:
Attachment a Notice of Public Hearing
Attachment b Special Use Permit Application
Attachment c Project Narrative
Attachment d Notice of Application mailed on February 15, 2006
Attachment e Aerial Photo
Attachment f Site Plans
Attachment g Applicant’s Response to Development Review Comments, dated
February 16, 2006
Attachment h Thurston County Environmental Health Division comments, dated
March 31, 2006
Attachment i Thurston County Roads and Transportation Services comments, dated
March 31, 2006
Attachment j Vicinity Map
Attachment k Photos of the subject property
EXHIBIT 2 Aerial Photo (color copy of Exhibit 1, Attachment e)
EXHIBIT 3 Memorandum from Thurston County Roads and Transportation Services
regarding right-of-way dedication, dated April 24, 2006
EXHIBIT 4 Applicant’s written statement, submitted April 17, 2006
Upon consideration of the testimony and exhibits submitted, the Hearing Examiner enters the
following Findings, Conclusions, and Decision:
FINDINGS
1. The Applicant requests approval of an SUPT to allow the operation of a kennel with capacity
for 24 small (20 pounds or less) dogs on 0.56 acres at 7826 Diagonal Road SE in rural
Findings, Conclusions, and Decision
Thurston County Hearing Examiner
Clemen Kennel SUPT, No. 2005106010 page 2 of 9

Thurston County. 1 The subject property contains no critical areas and is not located within
the McAllister Geologically Sensitive Area (MGSA). The project would involve
construction of a 60-foot by 22-foot structure, several enclosed dog runs, fencing, parking,
and landscaping. Exhibit 1, Attachment b, Application; Testimony of Mr. Giebelhaus;
Exhibit 2, Aerial photograph; Exhibit 1, Staff Report, page 2.
2. The subject property has a Rural Residential - One Dwelling Unit Per Two Acres (RR 1/2)
zoning designation. The purpose of the RR 1/2 district is to enhance and preserve the rural
agricultural character in areas where there is currently little development and which are: (1)
characterized by farms, forestry activities, and large residential parcels; (2) distant from the
community services necessary to support development of a suburban or urban character; or
(3) have substantial areas of moderate to severe physical limitations for development.
Thurston County Code (TCC) 21.10.010.
3. Kennels for the boarding of 11 or more dogs are allowed in the RR 1/2 district subject to
SUPT approval and compliance with the following use-specific criteria:
a. If dogs are kept or let outside unleashed, they shall be kept in a fenced
enclosure.
b. The setback standards in Section 20.07.030 for animals housed inside a
structure shall apply.
c. Visual screening, increased setback, increased lot size and other conditions
may be required by the approval authority taking into account safety, noise
and odor factors.
d. Kennels within the MGSA district shall be subject to a Waste Management
Plan approved by the Hearing Examiner, which minimizes the risk of
groundwater contamination.
TCC 20.54.070(19); TCC 20.54.070, Table 1.
4. The Thurston County Comprehensive Plan addresses home-based businesses as a permitted
use throughout the rural area of the County provided the businesses do not adversely impact
surrounding residential uses. Exhibit 1, Staff Report, page 3; Testimony of Mr. Giebelhaus.
5. Land uses surrounding the triangular subject property include residential development to the
east (the Applicant’s residence), an “L” shaped Christmas tree farm to the south and west,
and Diagonal Road, a collector arterial, to the north. The Union Pacific Railroad has a
primary line across Diagonal Road from the project site. The rail line carries an average of
35 trains per day. The Applicant owns and lives on the only residential property immediately
adjacent to the project site. The business would not employ any non-resident employees.
Exhibit 1, Staff Report, page 2; Testimony of Mr. Giebelhaus; Exhibit 2, Aerial photograph;
Testimony of Mr. Clemen; Exhibit 1, Attachment h.
1 The subject property is a portion of Section 8, Township 17, Range 1 West, W.M.; also known as Tax Parcel No.
39904000103. Exhibit 1, Attachment b, Application.
Findings, Conclusions, and Decision
Thurston County Hearing Examiner
Clemen Kennel SUPT, No. 2005106010 page 3 of 9

6. The kennel would be designed to resemble a residential structure. The project would provide
overnight boarding for up to 24 small dogs, defined as dogs weighing 20 pounds or less.
Limited dog grooming services would be provided for dogs boarded overnight at the kennel.
The Applicant proposed to restrict grooming activities to bathing no more than three dogs per
day. Inside the kennel building, dogs would be housed in individual four by four foot
compartments, each of which would have access to a fenced four by six foot exercise pen or
dog run outside the building. The dogs would be permitted to go outdoors into attached
exercise pens between the hours of 11:00 am and 7:00 pm; otherwise they would be kept
inside the kennel building. The outside exercise pens would be enclosed with five-foot chain
link fencing. The kennel would be open for dog drop off and pick up between 11:00 am and
7:00 pm seven days per week. The project would provide five parking stalls, including one
parking stall designed to meet ADA standards. There would be no on-site dog training
activities. Customers would only frequent the site for dog drop off and pick up. Exhibit 1,
Staff Report, pages 2, 4; Exhibit 1, Attachment c; Exhibit 1, Attachment h; Testimony of Mr.
Clemen.
7. Thurston County Code requires that buildings that house animals be set back 50 feet from a
collector right-of-way. TCC 20.07.030; TCC 20.54.070(19)(b). As proposed, the kennel
would be placed 50 feet from the existing Diagonal Road right-of-way. However, the record
indicated that the Applicant might be required to dedicate 15 feet along Diagonal Road as
additional right-of-way. 2 The Applicant's representative testified that a County staff person
told him no dedication was required, but there was nothing in writing in the record to confirm
this. County Staff recommended that the Applicant be required to dedicate an addition 15
feet as right-of-way or, in the alternative, relocate the kennel 15 feet farther from Diagonal
Road. Thurston County Roads & Transportation, Right-of-Way Division, reviewed the
project application and determined that the additional 15 feet of right-of-way required by
County Staff under Condition T of the April 17, 2006 Staff Report was not necessary. Exhibit
1, Attachment f, Site Plans; Exhibit 3, Memo from Roads & Transportation; Testimony of Mr.
Davis; Exhibit 1, Staff Report, Page 8.
8. No new domestic water or sewage service is included in the proposal. The existing domestic
well on the Applicant’s adjacent residential parcel would serve the kennel. The well is
located approximately 300 feet from the proposed use. The existing domestic well was
tested for capacity to serve the proposed business. Each outside exercise pen would have a
concrete foundation or be provided with a rubber horse stall mat. The Applicant would
address dog wastes either by collecting and removing them for disposal at a local landfill, or
by composting. Composting of dog wastes would require review and approval by the
Thurston County Solid Waste program. No public restroom would be provided in the kennel
facility. The Applicant could install a portable toilet for client use, but there is no
2 The March 31, 2006 Roads and Transportation Services memorandum states: “Thurston County records indicate
45 feet of right-of-way for Diagonal Road. In order to meet the requirements of Appendix 6-C of the Thurston
County Road Standards an additional 15-feet of right of way is required. The legal representative or surveyor shall
prepare a Quit Claim Deed describing the necessary right-of-way being a 15-foot strip of land, for a total of 60 feet
of right-of-way lying easterly of and abutting the existing right-of-way centerline of Diagonal Road SE. Upon your
request, Thurston County's right-of-way representative will prepare the Quit Claim Deed describing the necessary
right-of-way dedication. Please contact the Thurston County Right-of-Way section at 754-4998.” Exhibit 1,
Attachment i.
Findings, Conclusions, and Decision
Thurston County Hearing Examiner
Clemen Kennel SUPT, No. 2005106010 page 4 of 9

equirement that she do so. Exhibit 1, Attachment c; Testimony of Mr. Clemen; Testimony of
Mr. Ward.
9. Thurston County Environmental Health Division reviewed the project and recommended
approval subject to conditions. Such approval was based on the limited operations described
by the Applicant in submitted materials. Environmental Health Division Staff stated that
changes to operations, including hiring non-resident employees, customer access to restroom
facilities, and increased dog grooming services, would require additional review and County
approval. Any such changes could require an approved water supply and new on-site septic
system. Exhibit 1, Attachment h; Testimony of Mr. Ward.
10. The facility would have access off Diagonal Road. The ingress from the public right-of-way
would be professionally constructed to include 18 feet of culvert drain tile and fill. The
access would be paved from the right-of-way to the property line. A gravel driveway would
connect to the kennel facility within the subject property. The project is anticipated to
generate 160 vehicle trips per month. Exhibit 1, Attachment c. The Applicant submitted an
abbreviated storm drainage plan, which is a general description of the proposed stormwater
runoff management methods. Thurston County Roads and Transportation Services reviewed
the proposal and recommended preliminary project approval with conditions. Testimony of
Mr. Davis; Exhibit 1, Attachment i.
11. The kennel building would be insulated to contain noise. An earth berm, fencing, and
landscaping would attenuate any noise of barking dogs that might travel off-site. The
Applicant stated that barking dogs would be attended to immediately to address noise
impacts. Exhibit 3; Exhibit 1, Attachment c. County Planning Staff testified that, with
conditions addressing landscaping requirements, noise impacts are adequately mitigated.
Testimony of Mr. Giebelhaus.
12. All commercial uses must have a five-foot landscaped buffer along all public rights-of-way
and adjacent to residentially zoned properties. Landscaping adjacent to residential properties
must be densely planted with sight-obscuring trees and shrubs. TCC 20.45.040. The
Applicant proposed to construct a two-foot berm around the perimeter of the kennel project
and to provide a five-foot landscaping strip and a solid wood fence to buffer the use from
surrounding properties. The plant varieties would be drought tolerant evergreen species.
Exhibit 1, Attachment c. County Planning Staff testified that, with conditions, the proposed
landscaping adequately addresses screening requirements. Testimony of Mr. Giebelhaus;
Exhibit 1, Staff Report, page 6.
13. Pursuant to the State Environmental Policy Act (SEPA), Thurston County acted as lead
agency for the review of environmental impacts resulting from the project. The County
determined that the proposal is categorically exempt from SEPA review. Exhibit 1, Staff
Report, page 3; TCC 17.09.055(D).
14. Written notice of the public hearing was sent to all property owners within 300 feet of the
site, published in The Olympian, and posted on site on or before March 21, 2006, at least ten
Findings, Conclusions, and Decision
Thurston County Hearing Examiner
Clemen Kennel SUPT, No. 2005106010 page 5 of 9

days prior to the hearing. Exhibit 1, Attachment a. The County received no public comment
on the application. Testimony of Mr. Giebelhaus; Exhibit 1, Staff Report, page 6.
CONCLUSIONS
Jurisdiction:
The Hearing Examiner has jurisdiction to decide this Special Use Permit application under
Sections 2.06.010 and 20.54.015 of the Thurston County Code, and Sections 35.63.130 and
36.70.970 of the Revised Code of Washington.
Criteria for Review:
The Hearing Examiner may approve an application for a Special Use Permit only if the
following general standards set forth in TCC 22.54.040 are satisfied:
1. Plans, Regulations, Laws. The proposed use at the specified location shall comply
with the Thurston County Comprehensive Plan and all applicable federal, state,
regional, and Thurston County laws or plans.
2. Underlying Zoning District. The proposed use shall comply with the general purpose
and intent of the applicable zoning district regulations and sub-area plans. Open
space, lot, setback and bulk requirements shall be no less than that specified for the
zoning district in which the proposed use is located.
3. Location. No application for a special use shall be approved unless a specific finding
is made that the proposed special use is appropriate in the location for which it is
proposed. This finding shall be based on the following criteria:
a. Impact. The proposed use shall not result in substantial or undue adverse
effects on adjacent property, neighborhood character, natural environment,
traffic conditions, parking, public property or facilities, or other matters
affecting the public health, safety and welfare.
b. Services. The use will be adequately served by and will not impose an undue
burden on any of the improvements, facilities, utilities, or services existing or
planned to serve the area.
TCC 20.54.040.
Use-specific criteria for SUPT approval are addressed in finding number 3, above.
Conclusions Based on Findings
1. As conditioned, the proposed use would comply with all known federal, state, regional,
and Thurston County laws and regulations, including the requirements of the
underlying RR 1/2 zoning district. The proposed kennel is an allowed use in the RR 1/2
district subject to SUPT approval. Home-based businesses are consistent with
Comprehensive Plan policies for rural areas. With conditions, the project would be
Findings, Conclusions, and Decision
Thurston County Hearing Examiner
Clemen Kennel SUPT, No. 2005106010 page 6 of 9

consistent with the Comprehensive Plan, the development standards of the underlying zoning
district, and special use criteria. Findings Nos. 2, 3, 4, 7, and 11.
2. As conditioned, the kennel would be appropriate in the proposed location and would
not adversely impact adjacent property, neighborhood character, local utilities or
roads, or the public health, safety, and welfare. The subject property is surrounded by a
Christmas tree farm and an active rail line that handles approximately 35 trains each day.
The project would generate approximately 160 vehicle trips per month, which would not
adversely impact the rural character or transportation facilities in the area. The Applicant’s
residence is the only adjacent residential use identified in the record. With conditions,
landscaping and fencing would comply with code requirements and would buffer the kennel
from adjacent properties, including potential future residential development. Adequate offstreet
parking would be provided. The kennel would have a limited boarding capacity of 24
small dogs (20 pounds or less). No on-site training would occur. Limited grooming would
be provided only for boarded dogs. Dogs would be allowed to go outside between the hours
of 11:00 am to 7:00 pm and would be contained within fenced enclosures. Dogs would be
kept indoors during the remainder of each day. The proposed landscaping and berm around
the project would adequately attenuate the potential noise of barking dogs that could travel
off-site. The County received no public comments. No adverse impacts to the neighborhood
were identified in the record. Findings Nos. 5, 6, 10, 11, 12, and 14.
3. The kennel would not impose an undue burden on any of the improvements, facilities,
utilities, or services existing or planned to serve the area. The existing well serving the
Applicant’s adjacent residential property would provide domestic water. Dog wastes would
either be removed from the site for disposal at a landfill or would be composted on-site
subject to a Solid Waste Management Plan approved by the County. Traffic to and from the
business would be sporadic. Findings Nos. 8, 9, and 10.
4. With conditions, the project would comply with the use-specific SUPT criteria for
approval applicable to kennels. The dogs would be kept within fenced enclosures when
they are outside. A condition of approval would ensure the kennel is located at least 50 feet
from the right-of-way. Conditions would ensure that the landscaped screening is installed
consistent with applicable code requirements. The record indicates that the site is not within
the MGSA. Findings Nos. 1, 6, 7, and 12.
DECISION
The request for approval of a Special Use Permit to allow the operation of a kennel with capacity
for 24 small dogs at 7826 Diagonal Road SE in rural Thurston County is GRANTED, subject to
the following conditions:
A. There shall be no non-resident employees engaged in the dog boarding business.
B. The kennel shall be restricted to providing dog-grooming services only for dogs boarded
at the facility a minimum of one night.
Findings, Conclusions, and Decision
Thurston County Hearing Examiner
Clemen Kennel SUPT, No. 2005106010 page 7 of 9

C. All kennels or dog runs must be located a minimum of 100 feet from any wells or surface
waters.
D. There shall be no customer access to restroom facilities connected to the existing
residential septic system.
E. Dog wastes must be collected, bagged, and taken to a County solid waste facility. Before
implementing on-site composting of dog waste, the Applicant must obtain approval of a
proposed composting plan from the Thurston County Public Health Department Solid
Waste Program. Any future composting activities must be located a minimum of 100feet
from any wells or surface waters.
F. There shall be no parking or access allowed over the existing drainfield area.
G. A building permit shall be obtained for the structure.
H. All lighting shall be designed and function in a manner, which shields direct light from
adjoining streets and properties.
I. Prior to building permit issuance, the Applicant shall submit a final landscape plan to
Development Services for review and approval. The planting plan shall include a
landscaped strip five-feet in width around the entire perimeter of the project site. Trees
planted must be at least four feet high at the time of planting. Trees must be planted in a
single row along the top of the two-foot berm on center, in order to provide a year-round
dense screen around the perimeter of the kennel facility.
J. There shall be no more than 24 small (20 pounds or less) dogs at the facility at one time.
K. All development on the site shall be in compliance with the approved site plan. Any
expansion or alteration of this use beyond that initially approved by the Hearing
Examiner will require approval of a new or amended Special Use Permit. The
Development Services Department will determine if any proposed amendment is
substantial enough to require Hearing Examiner approval.
L. Customer access to the business for dog drop off and pick up shall be limited to 11:00
a.m. to 7:00 p.m. seven days a week.
M. The proposed roadway in concept and design shall conform to the Thurston County Road
Standards.
N. 1. The stormwater management system shall conform to the 1994 Thurston County
Drainage Design & Erosion Control Manual and Title 15.05 Thurston County
Code.
2. Should soil migration occur, approved methods of erosion control shall be
implemented. These methods may include, but are not limited to, covering of
Findings, Conclusions, and Decision
Thurston County Hearing Examiner
Clemen Kennel SUPT, No. 2005106010 page 8 of 9

exposed soils with plastic, applying a thick covering of straw or hay, seeding the
site, hydro seeding, installing silt fence and/or hay bales.
3. A stabilized construction entrance shall be installed prior to vehicles leaving the
site. The County inspector shall determine the required length.
O. The proposed grading or site work shall conform to Appendix J of the International
Building, Title 14.37 of the Thurston County Code and 1994 Drainage Design & Erosion
Control Manual.
P. This approval does not relieve the Applicant from compliance with all other local, state
and/or federal approvals, permits, and/or laws necessary to conduct the development
activity for which this permit is issued. Any additional permits and/or approvals shall be
the responsibility of the Applicant.
Q. An Abbreviated Drainage Plan and Grading Plan must be submitted with the building
permit.
R. The driveway approach shall be paved with 25’ paved radius. See Appendix 7-A of the
Thurston County Road Standards for details.
S. The access roadway or driveway to serve the kennel must be constructed in accordance
with standard road section per Appendix 6-A of the Thurston County Road Standards.
T. The kennel shall be located no less than 50 feet from the public right-of-way.
DECIDED this 27 th day of April 2006.
Driscoll & Hunter
Thurston County Hearing Examiners
By:
____________________________________
James M. Driscoll
Findings, Conclusions, and Decision
Thurston County Hearing Examiner
Clemen Kennel SUPT, No. 2005106010 page 9 of 9