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HomeMy WebLinkAboutMinutes 12/18/1984 262 CITY COUNCIL MEETING Port Angeles, Washington December 18, 1984 I CALL TO ORDER Mayor Duncan called the meeting to order at 7:00 P.M. II ROLL CALL Members Present: Mayor Duncan, Councilmen Gerberding, Hordyk, Quast, Whidden, and Haguewood and schermer [arrived at 7:01 P.M.] Members Absent: None. Staff Present: Manager Flodstrom, Attorney Knutson, Deputy Clerk Anderson [arrived at 8:00 P.M.], Clerk Lannoye, P. Carr, M. Cleland, R. Saville, J. Marsh, L. Glenn, J. Pittis, R. Orton. Public Present: L. Sunny, L. Kiiski, N. Searcy, G. Stamon, v. Gallauer, R. Pierce, J. & J. Haguewood, H. Bugher, J. Cornell, G. Gallison, H. Elmer, H. Buchmann, L. Ross. III MINUTES Councilman Gerberding moved the Council accept and place on file as received the minutes of the November 19th, November 27th, December 1st and December 4th meetings. Councilman Whidden seconded. Councilman Quast amended a sentence in paragraph 1, Register Page 256, to read: "The second ballot would contain only the names of those candidates having received at least one vote on the first ballot. The motion to accept the minutes as amended carried. IV CONSENT AGENDA Manager Flodstrom noted that the liquor license request for Gateway Tavern had been withdrawn. Councilman Gerberding moved the Council accept the items listed under the Consent 'Agenda, as amended by Manager Flodstrom, including: (1) Request permission to call for bids for transformers; (2) Request payment to CH2M Hill for work on DelHur Westside EIS of $16,617.96; (3) Request to release retainage on Bluewater View LID of $1,408.48; (4) Correspondence from Washington State Liquor Control Board; and (5) vouchers of $224.882.47 and Payroll of $203,811.07. Councilman Schermer seconded. Following discussion, on call for the question, the motion carried. V FINANCE 1. Bid Awarded to Physio Control for DefibrillatorjECG Monitor Councilman Whidden moved to accept the bid of Physio Control of Redmond, Washington, in the amount of $6,840. Councilman Schermer seconded. Following discussion at length, on call for the question, the motion carried. 2. Payment of $8,939.63 Authorized to Riddell williams for Representation on WPPSS Issues Councilman Hordyk moved to approve payment in the amount of $8,929.63 to Riddell Williams. Councilman Gerberding seconded and the motion carried. 3. 1985 Official Printing Bid Awarded to The Daily News Councilman Quast moved to accept the bid of $4.01 per column inch for the first pUblication and $3 per column inch for subsequent insertions from The Daily News. Councilman Whidden seconded and the motion carried. VI ITEMS FROM THE AUDIENCE TO BE PLACED ON THE AGENDA None. I I I I I I CITY COUNCIL MEETING December 18, 1984 ITEMS FROM THE CITY COUNCIL TO BE PLACED ON THE AGENDA Manager Flodstrom presented a plaque and flowers to Mayor Duncan for her seven years of outstanding service to the City of Port Angeles. VII LEGISLATION 1. Selection of Replacement to Fill Unexpired Term of Council Position of Mayor Duncan. Mayor Duncan asked each Councilmember for additional nominations. There were no further nominations from Counci1members. Councilman Hordyk indi- cated that he would abstain from participating in this selection. Ballots were distributed by Manager Flodstrom. Results of the first ballot were; James Hallett, 2 votes; Jerry Cornell, 1 vote; Lucia McPhee, 1 vote; Glennis Stamon, 1 vote. The results of the second ballot were: James Hallett, 1 vote; Jerry Cornell, 1 vote; Glennis Stamon, 3 votes. A third ballot was cast by those Councilmembers participating. Mayor Duncan announced that Glennis L. Stamon had received the majority vote. Mayor Duncan stated an election would be held the first meeting in January to confirm that selection. Councilman Quast asked for legal advice from Attorney Knutson on the procedure. Attorney Knutson stated that his advice was the same as was given previously, that the procedure is valid, but that the only legally binding appointment has to take place after the effective date of Mayor Duncan's resignation as Councilmember. Attorney Knutson indicated that Phil Austin, a Senior Deputy Attorney General, agreed that the City's procedure is proper. Councilman Quast stated that at the first regular meeting in January, one more opportunity will be available for Council- members to nominate additional candidates and an additional ballot will be cast at that time. 2. Planning Commission Minutes of December 12, 1984 A. Conditional Use Permit Granted With Added Conditions - Clyde Bugher A request has been made for a Conditional Use Permit to allow a duplex in the RS-7, Single-Family District, located at 1022 West Fourth Street. Ken Williams, attorney representing Mr. and Mrs. Bugher, addressed the Council. Mr. Williams presented a petition to Mayor Duncan signed by two signers of the original petition opposing the duplex, requesting that their names be removed from the original petition. Mr. Williams suggested adding con- ditions to the Conditional Use Permit as follows: Limit the structure to that which exists and allow it to operate as a duplex only on condition that it is not enlarged or expanded; require that the downstairs portion not be occupied by more than two people. Mr. Williams further explained the request and urged the Council to approve the Conditional Use Permit. Craig Miller, attorney representing neighbors residing in the area, then addressed the Council. Mr. Miller requested that letters sent to the Bughers from Planning Department staff dated April 10, 1984, July 26, 1984, and September 7, 1984, be included in the record. Mr. Miller explained reasons for opposition to a duplex in the area. Following further discussion at great length with Council, staff, Mrs. Bugher, attorney Miller and attorney Williams, upon the advice of Attorney Knutson, Mayor Duncan presented copies of the letters to the Bughers to the City Clerk for the record. Councilman Haguewood then moved to approve granting the Condltional Use Permit, adding the condition that upon the sale of the property, the Conditional Use Permit be reviewed. Councilman Hordyk seconded. Concilman Schermer moved to amend this motion to include the provision that only one of the units be occupied by persons other than the owners; that there be no expansion of the existing structure; and that total occupancy be limited to four individuals. Councilman Whidden seconded the amendment. Councilman Gerberding noted that because of the width of the lot, the applicants would have to apply for a variance to the Board of Adjustment and that significant reasons would have to be deter- mined in order for the Board of Adjustment to grant the variance. Following further discussion with staff, Councilman Quast moved to amend the motion further, adding the condition that the Conditional Use Permit be approved for a two-year period. Councilman Schermer seconded. On call for 263 264 CITY COUNCIL MEETING December l8, 1984 the question, the second amendment carried, with Councilmen Hordyk and Gerberding voting "No". On call for the question, the first amendment carried, with Councilman Whidden voting "No". On call for the question, the original motion, as amended, carried, with Councilman Whidden voting uNo". Councilman Gerberding then moved to adopt the following findings of fact: (1) The proposed duplex is compatible with surrounding residential development and sufficiently distant from other duplexes in this vicinity; (2) Even though the site is predominantly in bluff, there is sufficient I level space to provide private recreation, structural separation, and minimum population concentration; (3) One additional dwelling unit in this alley will not Significantly increase vehicular traffic and demand on utili ties. Councilman Schermer seconded and the motion carried, with Councilman Whidden voting "No". B. Temporary Use Permit Granted - Harvey and Linda Kiiski A request has been made for a Temporary Use Permit to allow a mobile home located in the RS-9, Single-Family District, located at 712 Viewcrest. Councilman Quast moved to concur with the Planning Commission's recommenda- tion to grant the Temporary Use Permit for a two-year period, subject to the following conditions: (1) The applicant make application for a build- ing permit within that two-year period; (2) The roadway to the proposed building and existing trailer be widened to accommodate a fire truck. Councilman Whidden seconded for the sake of discussion. Linda Kiiski addressed the Council regarding the request. She explained that the five- year time period had been requested due to the fact that the Kiiskis were constructing the house themselves and did not want to be crowded for time. She stated that they would comply with the two-year time limit and may ask for an extension of the Temporary Use Permit, depending on the progress of the construction of their home. Councilman Quast favored granting the Temporary Use Permit for a five-year period. Councilman Gerberding stated that an application for an extension I could be made at the end of two years, during which sufficient progress could be made on the construction to show good faith of the applicant. On call for the question, the motion carried. C. Conditional Use Permit - Granted for Two Years - Valerie Gallacci A request has been made for a Conditional Use Permit to allow a day care center in the Arterial Commercial District located at 1010 East Front Street. Councilman Whidden moved to concur with the Planning Commissio~'s recommendation to grant the Conditional Use Permit, subject to the follow- ing conditions: (1) The parking and access be developed per Public Works Department requirements; (2) The proposed play area be fenced; (3) The re- quirements of the Fire Department be complied with. Councilman Gerberding seconded. City Planner Carr noted that an individual had voiced concerns at the public hearing regarding the access of Front Street and the traffic hazard in the alley. Following further discussion, Councilman Haguewood moved to amend the motion to add a two-year time limit to the Conditional Use Permit. Lorraine Ross then addressed the Council, speaking in opposi- tion to a time limit. Mrs. Gallacci voiced concern regarding remodeling costs when the permit would expire in only two years. Councilman Gerber- ding stated that traditionally, Conditional Use Permits are renewed unless there is strong opposition; that the two-year time limit would allow a review, at which time any concerns in the neighborhood could be addressed. On call for the question, the amendment to the motion carried. On call for the question, the motion, as amended, carried. I D. Interpretation - Self-Service Auto Laundry in CSD-Cl, Community Shopping District Councilman Gerberding moved to concur with the recommendations of the Planning Commission to direct staff to investigate a Code amendment to allow self-service car washes in the Community Shopping District. Council- man Quast seconded, and the motion carried. E. Minutes Accepted Councilman Whidden then moved to accept and place on file the Planning Commission Minutes of December 12, 1984, as written. Councilman Gerberding seconded and the motion carried. I I I CITY COUNCIL MEETING December 18, 1984 3. Public Hearing A. 1985 Preliminary Budget Mayor Duncan opened the public hearing and asked for comments from the audience. Manager Flodstrom submitted to the Council copies of the Derby Days budget for 1984 for the record. Mayor Duncan again asked for comments from the audience. There were none. She therefore closed the public hearing. 4. Ordinance Adopted - 1985 City Budget Mayor Duncan read the the Ordinance by title, entitled ORDINANCE NO. 2321 AN ORDINANCE of the City of Port Angeles approving and adopting the Budget for the City of Port Angeles for the fiscal year 1985. Councilman schermer moved to adopt the Ordinance as read by title. Coun- cilman Gerberding seconded. On call for the question, the motion carried, with Councilmen Hordyk and Haguewood voting "No", opposing the continuance of the half-cent sales tax. Councilman Quast stated that the major expendi- ture from the half-cent add-on sales tax goes to Human Services. Council- man Quast noted his confidence in staff on a budget that was only 2.4% higher than the previous year's budget. 5. Ordinance Adopted - Amending 1984 City Budget Mayor Duncan read the Ordinance by title, entitled, ORDINANCE NO. 2322 AN ORDINANCE of the City of Port Angeles amending Section 2 of Ordinance 2280. Councilman Schermer moved to adopt the Ordinance as read by title. Coun- cilman Gerberding seconded and the motion carried, with Councilman Hordyk voting "No". 6. Report on Arterial Roadway Improvement Funds - Tabled Councilman Whidden moved to remove the item from the table. Councilman Gerberding seconded. Noting that litigation was currently underway on the Golf Course Road Arterial, Councilman Quast felt that it would be unwise for the Council to take action on this particular item. Councilman Schermer, in the appearance of fairness, moved to table the issue. Councilman Quast seconded, and the motion carried. 7. Contract with Network Management Approved Following discussion, Councilman Haguewood moved to renew the contract for one year. Councilman Schermer seconded and the motion carried. Council- members requested a clearer copy of the contract be submitted for the records. 8. Water/Sewer Rate Adjustment Ordinances Adopted Councilman Haguewood favored returning the ordinances to staff to develop a summer watering rate which would alleviate problems with brown lawns in the City. Councilman Schermer suggested that for one year the City try, during July and August, charging only the base charge and not reading the meters. The Council and staff discussed, at great length, alternative solutions to the problem with brown lawns in the summer and possible methods for a summer watering rate. Andy Tschimperle, l17 West 14th, voiced strong opposition to increased rates. Following discussion, Mayor Duncan read the Water Ordinance by title, entitled 2E5 266 l CITY COUNCIL MEETING December 18, 1984 ORDINANCE NO. 2323 AN ORDINANCE of the City of Port Angeles establishing rates for water service, amending Chapter 6, Sections 1, 2, 3, 4 and 5 of Ordinance 2181, amending Chapter 13.44 of the Port Angeles Municipal Code, and repealing Section 6 of Chapter 6 of Ordinance 2181 and PAMC 13.44.060. Councilman Gerberding moved to adopt the Ordinance as read by title, with I the understanding that a summer watering rate will be investigated by staff and will be brought back for Council's consideration prior to the summer of 1985. Councilman Schermer seconded and the motion carried. Mayor Duncan then read the Sewer Ordinance by title, entitled ORDINANCE NO. 2324 AN ORDINANCE of the City of Port Angeles establishing rates for sewer service and septic tank diSCharge, establishing a septic tank discharge permit, and amending Section 1 of Ordinance 1258, Section 3 of Ordinance 2019, Sections 2(a) and (b) and 3 of Ordinance 1548, and Sections 1 and 2 of Ordinance 1696, and repealing Ordinance 1575. Councilman Whidden moved to adopt the Ordinance as read by title. Council- man Gerberding seconded and the motion carried. 9. Ordinance Adopted - Adopting 1984 Electrical Code Mayor Duncan read the Ordinance by title, entitled I ORDINANCE NO. 2325 AN ORDINANCE of the City of Port Angeles regulating the installation, alteration, extension, and repair of electrical wiring, materials, appliances, apparatus, devices, and equipment, providing for inspection of same, repealing Ordinance 1004, and amending Chapter 14.12 of the Port Angeles Municipal Code. Councilman Quast moved to adopt the Ordinance as read by title. Councilman Gerberding seconded. Light Director Ron Saville introduced Noel Searcy, who joined City Staff on October 22, 1984, as the City's Electrical Inspec- tor. Engineering and Operations Director Richard French then addressed the Council, explaining the basis for the Ordinance. On call for the question, the motion to adopt the Ordinance as read by title carried. 10. BPA Non-Firm Contract Amendments Authorized Councilman Quast moved to authorize the Mayor to execute Amendments No. 1 and No. 2 to the BPA!Port Angeles Non-Firm Power Agreement. Councilman Hordyk seconded. The motion carried. 11. Contract Authorized for Energy Education Program in Port Angeles Schools I Councilman Energy and seconded. program. Quast moved to authorize the Mayor to sign Man's Environment in the amount of $4,640. Councilman Gerberding stated that he felt On call for the question, the motion carried. the contract with Councilman Whidden this was a fine l2. City Hall Site Selection - Two Possible Sites Determined Following discussion, Councilman Quast moved to combine Items No. 2 (Southeast corner of Front and Cherry - present City Light Building) and No. 3 (Southwest corner of Front and Oak Streets - present City Police Department Building) into one possible site and include Item No. 5 I I I CITY COUNCIL MEETING December 18, 1984 (Southwest corner of Fourth and Peabody Streets - adjacent to Vern Burton Memorial Community Center) as a second possible site and to instruct staff to include information on the economic and social impacts, as well as environmental impact. Councilman Gerberding seconded. Following further discussion, Councilman Schermer moved to amend the motion to eliminate Site No.3, but allow the flexibility of including adequate land area around the City Light Building. Councilman Whidden seconded. Councilman Hordyk discussed with Manager Flodstrom the availability of adequate parking. Manager Flodstrom stated that the Downtown Association supports the reloca- tion of City Hall to the Front and Cherry site and has offered to work with the City, should that site be chosen. On call for the question, the amend- ment carried. On call for the question, the motion, as amended, carried. Following further discussion, Councilman Schermer commended staff for the amount of work they had accomplished in providing the Council so much information in such a short time. Councilman Gerberding requested that staff bring forth recommendations on the structure of a committee involving community members to aid in decisions on the final site. 13. Status Report on City's Senior Energy Credit Program Following review of the status report, Councilman Quast moved to instruct staff to proceed in establishing requirements and verification for eligibility for the program. Councilman Whidden seconded and the motion carried. 14. Park, Recreation and Beautification Commission Minutes of November 29, 1984 - Approved Councilman Whidden moved to accept and place on file the minutes of the Parks, Recreation and Beautification Commission of November 29, 1984, as written. Councilman Quast seconded and the motion carried. Councilman Quast requested that in the future, members absent be listed in the minutes. 15. Merry Christmas Resolution Mayor Duncan read the Resolution by title, entitled RESOLUTION NO. 43-:-84 A RESOLUTION creating and recreating a Merry Christmas by providing for elves, reindeer, candy canes, and office parties; establish- ing a festive spirit and effective date; appropriating a substantial portion out of everyone's pay and credit to defer the fiscal obligations thereof; containing a severability clause and a Santa Claus and providing a penalty. Councilman Whidden moved to pass the Resolution as read by title. Council- man Quast seconded, and the motion carried. Merry Christmas to all! 16. Consideration of Changing First Meeting Date in 1985 Manager Flodstrom explained an ordinance that had been presented to the Council which would allow the Council more flexibility in setting regular meeting dates, should the regular meeting fall on a holiday. Councilman Quast moved to retain the existing ordinance and schedule the first meeting in January for January 2, 1985. Councilman Whidden seconded. Councilman Haguewood voiced opposition to the motion. Following further discussion, Councilman Quast agreed that this ordinance was somewhat more flexible and withdrew his motion. Councilman Whidden concurred. Councilman Quast restated his desire that the first meeting in January be January 2, 1985. Mayor Duncan then read the ordinance by title, entitled 267 268 CITY COUNCIL MEETING December 18, 1984 ORDINANCE NO. 2326 AN ORDINANCE of the City of Port Angeles establishing dates and times for the City Council meetings, designating this ordinance as a public emergency ordinance, amending Section 1 of Ordinance 2230 and Section 2.04.010 of the Port Angeles Municipal Code, and repealing Ordinances 2098, 1957, 19l1, I 1878, 1670, and 1284. Councilman Whidden moved to adopt the Ordinance as read by title. Council- man Schermer seconded and the motion carried. Councilman Quast then moved to set the date of the first meeting in January on Wednesday, January 2, 1985. Councilman Whidden seconded. The vote on this motion was 3 - 3, Councilmen Quast, Whidden and Schermer voting "Aye", and Councilmen Gerberding, Hordyk and Haguewood voting "No". Mayor Duncan then announced that she would resign as Mayor effective today, in order that the selection of a new mayor could take place tonight, with all Councilmen present. Councilman Haguewood voiced concern over a resigna- tion effective immediately. Mayor Duncan asked the opinion of the City Attorney. It was the opinion of Attorney Knutson that one could resign from the office of mayor effective immediately. Councilman Quast then moved to call for the election of a new mayor through secret ballot. Councilman Schermer seconded. Mayor Pro-Tem Haguewood then presided. Councilman Gerberding spoke in opposition to the motion, stating that this deprived the new member sitting on the Council of the opportunity' to vote for a new mayor. On call for the question the motion carried, with Councilmen Gerberding and Hordyk voting "No". Councilman Quast nominated Charles Whidden for Mayor. Councilman Gerberding I noted that the previous procedure had been through secret ballot. Council- man Quast agreed and withdrew his nomination. Councilmen Hordyk and Haguewood abstained from participating in the ballot- ing and left the meeting. Councilwoman Duncan, being the most senior Coun- ci1person present, was deSignated Mayor Pro-Tem. Councilman Gerberding then moved to set the meeting dates on the second and fourth Tuesdays in January. This motion died for lack of a second. Following discussion, Mayor Pro-Tem Duncan stated that she would abstain from voting. Manager Flodstrom then distributed the ballots. Charles Whidden was elected Mayor, receiving the majority vote. The Council concurred that the first meeting in January would be January 2, 1985. VIII LATE ITEMS Manager Flodstrom provided information for the Real Estate Committee regarding a request from a citizen to purchase City property. He also announced the recently-approved liquor license for a new restaurant on the Port Angeles Waterfront. Mayor Pro-Tem Duncan read a letter from the Mayor to the Department of Commerce and Economic Development supporting the Port of Port Angeles' C.E.R.B. application. Manager Flodstrom then presented a resolution honoring the twenty-fifth anniversary of the COHO ferry system in Port Angeles to the Council. Mayor Pro-Tem Duncan read the resolution by title, entitled RESOLUTION NO. 44-84 A RESOLUTION recognizing and honoring the twenty-fifth anniversary of the ferry, COHO, for its service in Port Angeles. Councilman Whidden moved to pass the Resolution as read by title, with Councilman Quast seconding. The motion carried. I ~.' " .<\ 4 ( LAW OFFICES (. CITY OF PORT ANGELES PLANNING DEI> ARTME:'JT JOHNSON & WILLIAMS 230 EAST FIFTH STREET PORT ANGELES. WASHINGTON 98362 206/452,3895 R'd (j - -:',?_p,d ec ..../.....::$..~...\,,(~_~.......h... By ......._..~....h............. GERARD A. JOHNSON KENNETH DAY WILLIAMS CURTIS G. JOHNSON " I September 26, 1984 Mr. C.D. VanHemert Assistant Planner City of Port Angeles 140 West Front Street Port Angeles, WA 98362 Dear Mr. VanHemert: Mr. & Mrs. Clyde Bugher have referred your letter of September 7, 1984 to me. As I understand the facts in this situation, in 1976 pursuant to plans submitted by a local architect, the City of Port Angeles issued a building permit to Mr. & Mrs. Bugher to add on to their home and, in particular to add on a kitchen and bathroom facilities. Thereafter, in 1983 an additional permit was requested authorizing two entrances to the facility. This permit was also issued pursuant to plans submitted by the Bughers, and approved by the City. I Your letter of September 7, 1984 indicates that the existence of a building with two kitchens and the like constitutes a duplex use of the lot by its mere existence, and, if not allowed pursuant to the zoning code, must be remodeled. If such is the case, then the Bughers have been operating a duplex on the lot since 1976 and latches and estoppel would apply at this time precluding the City from interfering with their continued use of the premises as a duplex. I f, on the other hand, estoppel or latches does not apply, then clearly, the Bughers have been damaged by the expenses which they took in remodeling their home pursuant to permits issued by the Ci ty of Port Angeles., I enc lose of the recent case of J & B Development Com~ ~ King County with this letter for-your review. In particular, you should note the language contained on page 306 of that opinion which states: "If a home builder cannot rely on an official building permit issued by the County, there is little reason for requiring one, unless it is viewed as merely another - ..-' r, I I ,; r (( Mr. C.D. VanHemert September 26, 1984 Page 2 mechanism for gathering taxes. Logic tell us, however, that the issuance of a building permit is an official county action by which approval is given a builder to erect a structure of the ~ype and at the place approved." I n the J & B Development Company case, King County was Order to pay reparations including lost profits and other damages for construction which had commenced and was ordered removed pursuant to county zoning ordinances. It would be my suggestion that in this particular instance, where the construction has been completed, inspected and approved by the City many years ago, that even a stronger set of facts exists than that presented in J & B Development Company. The lot upon which the "duplex" exists is a lot which exceeds the 10,500 foot requirement for duplexes in the RS 7 Zone. Accordingly, it would appear that allowing the continued use of the property for duplex purposes would be in conformance with the general intent of the zone. My further opinion is that a defacto permi t has been issued already by the City for such a use and cannot now be revoked. If revoked, it is clear that the City will be responsible for all the costs and damages incurred by my clients as a result of the I.wrongful" issuance of the prior building permit. I would appreciate your prompt review of this letter and request that some response be made within fifteen (15) days of its date as my clients intend to withhold further action concerning their property until such time as the matter has been clarified. With kindest regards. Very truly yours, JO~ WILLIAMS ~wJUL~ Ken williams KW/tsp Enclosures cel Mr. & Mrs. Clyde Bugher . ...~, _. "... ,~_.,__..~..............,.. ........__...-;ot.:---;O ~..~....,..._.,._...~...............-.........""".................-....~.-.-:--!"-1'....-~ ~..........,."-,..-'I......._.,..,,... .....!"I"T"""'....~....t.,~-. - ....,...~-""~..~........."1 .,.~. . -" 4..... ~~ "::~~. -;a; :,.. ..-:..;... .... ....r ::, ":":_":.:~".:.:...:.'--'.:'~".'c_-"""..":".- ..~ .. r ( . CITY OF PORT ANGELES ~ ,o(~NN\~6 140 WEST FRONT ST., p,e, BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (2061457.0411 September 7, 1984 '~Mrs. Clyde Bugher ~oute 1, Box 37 ~... Clallam Bay, WA 98326 Dear Mrs. Bugher: On July 22, 1983; and several occasions thereafter, the City has received corr-plaints that you had converted your residence at 1022 West Fourth Street from a single-family home to a duplex and that you were preparing to rent the second dwelling unit. In a discussion cn the site with your husband on August 12, 1983, the Assistant City Planner was informed that a duplex at 1022 West Fourth Street did exist. In subsequent letters to you, you were advised that a duplex is a conditional use in the RS-7 Zone, in which your house is located, and it must occupy a 10,500 square-foot lot with 75 feet of width. You were also given both Conditional Use Permit and Variance applications. You have not subm1tted either application but have stated to City staff that you wish to convert the duplex back to a single-tamily home. On August 2, 1984, you submitted architectural floor plans for the existing structure. The Assistant City Planner and Assistant Building Inspector toured the structure with you on August 7, 1984. At that time, we observed _two independent dwelling units, one on the first story and one on the second story, in the residential structure at 1022 West Fourth Street. I There were two separate entrances, side-by-side on the east side of the structure, one leading directly to the ground floor dwelling unit and the . second leading to a tlight of stairs to the upstairs dwelling unit. Both units had individcal kitchens and bathrooms, bedrooms and dining rooms. There were two electrical masts and meters on the structure. The City Zoning Regulations, Ordinance No. 1709 as amended, defines a du- plex as "a residential building containing two one- family dwelling units within the four walls of the building". A dwelling unit is further defined as "one or more rooms' which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed, shall always be included ~or each dwelling unit." Since the residential structure at 1022 West Fourth Street has been arranged and designed as two independent dwelling units, having both individual baths and kitchen facilities, that structure is a duplex. Inasmuch as you have indicated that you do not intend to pursue the appro- priate permit, the City advises you that you must initiate remodeling to revert this duplex to a single-family home in order to comply with Zoning Ordinance 1709 as amended. Specifically, the fOllowing measures must be taken to revert the subject structure to a single-family home: I I *- ( r CITY OF PORT ANGELES 140 WEST FRONT ST,. P.O. BOX 1150 PORT ANGELES. WASHINGTON 98362 PHONE (206) 457.0411 July 26, 1984 Clyde Bugher 1022 West Fourth Street Port Angeles, WA 98362 Dear Mr. Bugher: A recent review of our files shows that you have neither applied for a Conditional Use Permit for the illegally remodeled duplex at 1022 West Fourth Street, nor reverted the structure back to a single-family home, as requested in a letter to you dated April 10, 1984. In a telephone conversation, your wife indicated that you intended to follow the latter course but the cost may be great. Since this violation has been outstanding for nearly one year, we are requesting that you submit detailed floor plans of the structure. Upon submission of 'floor plans, both the Building Division and Planning Department will assist you in any way to assure that the proposed conversion is in compliance with the Zoning and Building Regulations. If you do not submit the appropriate floor plans, together with proposed measures to revert 'the structure to a single-family home, for our review by August 6, 1984, this matter will be referred to the City Attorney for appropriate legal action. Since,relY, , \ C~.~~U~,. C. D. VanHemert J 1 Assistant Planner CDVH:LF cc: Building Inspector City Attorney .,_~-.~I .... .......,.~ , , a t, t CITY OF PORT ANGELES ~ .otANN\~e 140 WEST FRONT ST., P.O. BOX 1150 PORT ANGELES. WASHINGTON 98362 PHONE (206) 457.0411 April 10. 1984 Mr. Clyde Bugher 1022 W. 4th Street Port Angeles, WA 98362 Dear Mr. Bugher: It has again cone to our attention that you have converted your residence at 1022 W. 4th Street to a duplex and that you may be preparirig to rent the second dwelling unit. In previous discussion en August 12, 1983, with the Plarming Departmant Staff ueaber. you 'toere informed that a duplex was not an outright. permitted use in the RS-7 District. A duplex requires a conditional use pennit. and DUSt occupy a 10.500 square foot lot with 75 foot of width. Your wife indicated. ii1 a letter dated August 17. 1983. that you intended to file the conditional use pennit application durhlg August 20-21. 1983. o..u- files shaw that you have neither filed the appropriate cooditional use permit applicaticn (and possibly a variance appl~cation). nor converted the unit back to a single family use. In addition to the zoning violation. you also lIBY be violating the lhiform Building Code. If you wish to operate a duplex. which occupation of the second dwelling unit constitutes, you mlSt first have a conditional use pennit and possibly a variance. Applications for these permits are available at the Plarming Departmmt in City Hall. at 140 West Front Street. In the neantin'e. please :imrediately cease activities associated with the further conversion of the single family ham:! to a duplex. and not offer to rent, lease. or offer for compensated occupancy. the second unit. If the structure has reverted back to a single-family dwelling unit. please notify the Plaming Departnent at 457-0411, ext.159. You will be subject to inspection by City Officials. Your cooperation in this matter is greatly appreciated. s~eplC~~:sf C.D. Van Henert Assistant Planner CDVH:sr cc: Public Works CITY COUNCIL MEETING December 18, 1984 It was determined that Mayor Pro-Tem Duncan would sign the Resolution until Mayor-Elect Whidden had been sworn in. Mayor-Elect Whidden thanked and commended Dorothy Duncan for her years of fine service to the City. Mayor Pro-Tern Duncan thanked the Council and staff. She stated the Council reflected the character of the community, which was a definite "plus". Councilman Quast then moved that on the January 2nd meeting, the first order of business be the swearing-in of the new Mayor and the second order of business be the seating of the new Councilmember. Councilman Whidden seconded, and the motion carried. III IX ADJOURN TO EXECUTIVE SESSION None. X RETURN TO OPEN SESSION None. XI ADJOURNMENT The meeting was adjourned at 10:31 P.M. n-;:1A-i () ~/l'VY'-<P -< 6~ I I U,l)o d~/ Mayor 269