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Hearing examiner takes evidence on Ocean Shores request to subdivide 3‑unit beachfront building
Summary
A City of Ocean Shores hearing examiner took sworn testimony March 10 on a conditional‑use permit to subdivide an existing three‑unit common‑wall building at 758 Pointe Brown Ave SE for individual ownership; staff recommends conditions and the examiner will issue a written decision within 10 business days.
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A hearing examiner on March 10 heard testimony on a conditional‑use permit application to subdivide an existing three‑unit common‑wall residential building at 758 Pointe Brown Avenue SE so each unit can be sold separately.
City planner Christina Breault told the examiner the proposed use is listed as a conditional use in the R‑5 zone and that staff found the proposal generally consistent with the City of Ocean Shores 2020 Comprehensive Plan, including Policy 8 encouraging a range of housing types. Breault said staff will impose standard conditions if the permit is approved, including compliance with building and fire codes, parking requirements under the Ocean Shores Municipal Code, approved signage, landscaping shown on plan, and system development charges and utility assessments. “Because the proposed use would allow units to be sold to homebuyers, the application appears consistent with this purpose of the comprehensive plan,” Breault said.
Applicant representative Larry Butler, a professional land surveyor, said the structure was built under approved permits, utilities for the individual units have been paid, and the owner and applicant agree with the listed conditions. “The individual utilities have already been paid for,” Butler said. The property owner (identified in the record as Miss Buongiorno) estimated the building was constructed about five years ago (owner’s estimate).
The examiner asked for clarification about driveway access and parking. Butler and the owner said the site currently uses a shared paved parking area in front of the units and that an access easement across a neighboring lot exists; the site plan also shows an optional gravel driveway if the owner elects to forgo the easement.
No public testimony was offered on this matter. The examiner adjourned the item and said he intends to issue a written decision within 10 business days of the record closing.
Background and next steps: the hearing record includes staff reports, the CUP application, a site plan and mailed/public notices admitted as exhibits. The examiner’s forthcoming decision will state whether the application satisfies the applicable provisions of the Ocean Shores Municipal Code and the comprehensive plan.

