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Kitsap Hearing Examiner Hears Conditional-Use Request for Detached ADU in South Kitsap
Summary
At a Dec. 19 hearing, Kitsap County staff recommended approval of a conditional use permit for a detached 836-sq-ft accessory dwelling unit at 5150 Southeast Phos Road. The applicant requested a narrower civil-engineer requirement for stormwater (Condition 21); neighbors raised concerns about a nearby easement, which the applicant said will not be used.
Hearing Examiner Phil Ulbrich held a Dec. 19, 2024 public hearing on a conditional use permit (file 24-02426) for a detached accessory dwelling unit at 5150 Southeast Phos Road, Port Orchard.
Erin Lewis, a planner with Kitsap County Department of Community Development, told the examiner the application was deemed complete June 18, 2024, that the Department used an optional DNS under WAC 197-11-355, and that the SEPA determination of non-significance issued Oct. 24, 2024, with no appeals filed. Lewis said the subject parcel (assessor parcel 292402-3-021-2002) is a 1-acre lot in South Kitsap zoned rural residential and that no mapped critical areas affect the site.
Lewis said the proposal is for an 836-square-foot detached ADU and noted the existing principal dwelling is 2,076 square feet (so the 900-square-foot ADU maximum applies). The site plan reduces two driveways to one, shows three marked parking spaces plus the existing garage, and proposes the ADU approximately 100 feet from the primary structure. Staff found water and sewer health approvals have been met and that the proposal complies with Kitsap County Code 17.415.015b (as amended June 2022). Lewis recommended approval as conditioned.
Candace Vickery, the applicant’s agent, said she and the property owners accept the staff findings except for Condition 21 (stormwater). Vickery read the current sentence requiring that “the submittal document shall be prepared by a civil engineer licensed in the state of Washington” and proposed revised language limiting that requirement to projects that meet thresholds for engineered drainage design; the proposed revision was entered as Exhibit 17. Planning Supervisor Darren Gurney said staff is comfortable with wording that ties civil-engineer preparation to established thresholds.
Neighbor Laurie Williams (owner at 929 Babydoll Road) testified she worried the project might use a nearby easement that passes by her house, increasing traffic and noise. Jesse Caldwell, appearing virtually, clarified the applicants have an existing driveway to Foss Road and do not plan to use the rear easement for the ADU. The applicant’s agent confirmed the easement will not be used and that direct access to Southeast Foster Road is planned.
Examiner Ulbrich closed the hearing on the ADU and said Kitsap County ADU applications are typically straightforward; he indicated a decision will be issued in the coming weeks.
What happens next: The hearing record will be reviewed and a written decision is expected from the examiner within the stated timeframe; any future stormwater submittals will follow conditions in effect at the time of building permit application.
