HomeMy WebLinkAboutMinutes 03/11/1981
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PLANNING COMMISSION
Port Angeles, Washington
March 11, 1981
I
CALL TO ORDER
Chairman Brewer called the meeting to order at 7 PM.
II ROLL CALL
Members Present:. Jean Thompson, Charles Whidden, Colin
Bennett, David Brewer, Patrick Downie,
Richard Anderson, Milton Ranta
Members Absent: None
Staff Present: Paul D. Carr, Dan VanHemert, Louise
Frost
APPROVAL OF MINUTES
Mr. Anderson moved to accept the minutes of the February
25th meeting as presented. Mr. Ranta seconded this motion,
which passed unanimously.
IV
HEARINGS
PLANNED RESIDENTIAL DEVELOPMENT HEARING - KEY.
Request to consider a proposed Planned Residen-
tial Development on approximately 25 acres. Lo-
cation: South of Campbell Avenue; east of Mount
Angeles Road; bordering White Creek on the east.
(Continued from February 11, 1981.)
Mr. Bennett moved to continue this matter to May 13th. Mr.
Whidden seconded the motion, which passed unanimously.
CONDITIONAL USE HEARING - LAMB. Request for a
Conditional Use Permit to construct a duplex in
an RS-9 District. Location: Southwest corner
of Flores Street and Milwaukee Drive. (Continued
from November 12, 1980; December 10, 1980; Janu-
ary 14, 198'1;. February "1"1, 1981.')
Following a brief discussion, Mr. Downie moved to advise the
applicant that unless word is received by the close of the
April 8th meeting the application will be permanently tabled
(effectively denied) in keeping with the procedures and By-
Laws of the Commission. Mr. Anderson seconded the motion,
which passed unanimously.
Planning Commission
March 11, 1981
Pa,ge 2
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M-l PERMIT HEARING - RENAUD/ALEXANDER. Request
for extension of an M-l Permit to construct an
1800 square foot ice plant. Location: 308
Valley Street. (Continued from February 11, 1981.)
At the written request of the applicant, Mr. Bennett moved
to continue this matter until May 13th. Mr. Whidden
seconded the motion, which passed unanimously.
CONDITIONAL USE HEARING - MATTHEWS. Request for
an extension of a Conditional Use Permit for
seasonal sale of bait and tackle as a Home Occu-
pation. Locationo: 323 Eas't Thirteenoth Street.
Mr. Carr reviewed the existing permit and the applicant's
request for a two-year extension, plus qualification under
the new Home Occupations Ordinance's disability waiver.
Mr. Bennett asked if a letter had been received from Mr.
Matthews' doctor regarding the disability, and was told no.
Chairman Brewer opened the public hearing.
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The Commission asked several questions about the nature of
the operation. Mr. Matthews said that he has never operated
the business during the winter and would not be open for
business every day during the rest of the year. Chairman
Brewer closed the public hearing.
Mr. Anderson moved to approve the extension for two years,
under the same conditions as in the past; and found that Mr.
Matthews qualified under the handicapped waiver; with the
business to be operated under the same circumstances as in
the past; i.e., no winter operation. Mr. Downie seconded
this motion. During discussion on the motion and the handi-
capped waiver request, Ron Richards, attorney representing
Mr. Matthews, explained that in addition to a heart and back
condition, Mr. Matthews has also lost several fingers from
one hand, which can be readily seen.
Following the discussion, Mr. Anderson amended his motion
to make the approval contingent upon receiving a letter
from the doctor; Mr. Downie seconded the amended motion.
On call for the question, the motion passed unanimously.
CONDITIONAL USE HEARING - ALEXANDER & CALHOUN.
Request for a Conditional Use Permit to operate
a Retail Stand. Location: Northeast corner,
First and Linco01;no Str-eoets.
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Mr. Carr reviewed the staff report; Chairman Brewer opened
the public hearing.
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Planning Commission
March 11, 1981
Page 3
Don Alexander requested a specific opening date of April 1,
1981, so that the Retail Stand can be operated during a
full eight-month period during good weather. Chairman
Brewer closed the public hearing.
Mr. Bennett moved to recommend approval subject to the
following conditions:
1. The power source approved by the City Fire Chief
shall be as follows:
a. One dry chemical fire extinguisher with a
10 B.C. rating.
b. All propane tanks must be filled at the bulk
plant, or any other site which has the capa-
bility of a bottle-fill site. No L.P. de-
livery truck shall stop to fill any L.P.
bottle at this location.
2. The applicant sign a hold-harmless agreement with
the City, if deemed necessary.
3. If the retail stand proves to be an impediment to
pedestrian traffic, the use will vacate the site
on inspection by and order of the City Engineer.
He further recommended approval to be effective from
April 1, 1981, citing the following findings of fact:
A. The proposed stand will not create a pedestrian or
vehicular hazard.
B. The location is compatible with existing businesses.
C. It will promote and complement the pedestrian
nature of the general area.
D. The" stand will not endanger the public health,
morals, safety and welfare.
Mr. Whidden seconded this motion, which passed unanimously.
CONDITIONAL USE HEARING - MELIZA for PHOENIX
HOUSE. Request for a Conditional Use Permit
to operate a thrift store and maintain living
quarters for rehabilitating alcoholics during
work training. Locat"io"n": lT8 Ea"st Eighth street.
Mr. VanHemert explained that when the living quarters were
eliminated, a Conditional Use Permit was not required, so
no action was needed.
Planning Commission
March ll, 1981
Page 4
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CONDITIONAL USE HEARING - LARRIVEE, Agent. Re-
quest for a Conditional Use Permit to construct
a greenhouse to raise and store plants for whole-
sale only. Location: 4508 Old Mill Road.
Mr. VanHemert reviewed the staff report; and advised that
this was a two-step process: First to determine the com-
patibility of the use in the RS-9 zone; and then to deter-
mine whether or not to grant the Conditional Use Permit at
the proposed site. Chairman Brewer opened the public hear-
ing.
Mike Larrivee said that the prospective property owner
questioned the limitation on vehicles to a conventional
pick-up truck, because some potential customers might use
a vehicle as large as a step-van. Chairman Brewer closed
the public hearing.
Mr. Bennett moved to find that a greenhouse operation would
be a compatible use in an RS-9 District. Mr. Whidden seconded
the motion, which passed unanimously.
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Mr. Downie moved to recommend approval of the Conditional
Use Permit to construct a greenhouse to raise and store
plants for wholesale only, subject to the following condi-
tions:
1. That no construction or expansion of the facilities
occur other than the proposed greenhouse structure.
2. That the existing single-family home remain in use
and appearance a residential structure.
3. That no advertising signs be installed and no other
evidence of a commercial type operation be present
on the site.
4. That no more than one licensed commercial vehicle,
no larger than a conventional pick-up truck or step-
van with similar tonnage, sUbject to approval by the
City Engineer, be used in the conduct of the commer-
cial greenhouse operation.
5. That sales be limited to wholesale transactions and
customers not be encouraged to visit the site.
6. That the employees be limited to the residents of the
single-family home on the site.
As findings of fact, he cited the following:
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A. The proposed use is consistent with the purpose and
intent of the RS-9 District.
B. The proposed use is compatible with uses in the RS-9
District.
Planning Commission
March 11, 1981
Page 5
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C. The proposed use complies with the basic policies
of the Comprehensive Plan.
Mr. Ranta seconded this motion, which passed unanimously.
STREET VACATION - SIEBEL, et al. Petition to
vacate a portion of the south half of Water Street,
west of Jones Street. Location: South half of
Water Street, west of Jones Street.
Mr. VanHemert reviewed the staff report. Copies of a let-
ter and some photographs were distributed to the Commission
by Mrs. Stone. Mr. Downie asked if the Park Department
.'stated when this area might be used for a park; and Mr.
VanHernert responded no. Chairman Brewer read into the
record the letter which had been submitted to the Commis-
sion; and opened the public hearing.
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Dave Johnson, attorney for one of the petitioners, questioned
the realistic possibilities of establishing a park here, due
to only local usage, the small area of the proposed vacation
above the bluff, and no need for a viewpoint park. The city's
goals can be accomplished through a pedestrian easement even
if the vacation is approved. Darlene Pangratz said that the
City-owned south 40 feet of Lot 1, containing the pumping
station, is not maintained. Charles Pangratz said the water
meter in Water Street would have to be moved before the
street could be opened.
Mr. Downie asked the specific reason for the vacation request.
Mrs. Stone replied that with the extra property, she could
add to her house, which is now over the maximum 30% lot cov-
erage. Since the City is not maintaining the present right-
of-way, which is in bluff, she will. Chairman Brewer closed
the public hearing.
Mr. Ranta stated that there are not too many look-outs avail-
able in the City. Mr. Bennett observed that access would
still be available over the north half of the street. Mr.
Downie asked the width of any proposed pedestrian easement;
and Mr. Carr said 8 to 12 feet.
Mr. Bennett moved to recommend approval of the requested
vacation, citing the following findings:
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1. One property owner came to the City's rescue with
needed property a number of years ago.
2. Access to the public will not be totally eliminated
as the applicants are willing to grant a pedestrian
access easement; that 12 feet should be required for
that easement.
3. Easements could be retained for access to City utilities.
Planning Commission
March 11, 1981
Page 6
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Mr. Downie seconded this motion. On call for the question,
Messrs. Bennett and Downie voted "yes", with the other Com-
missioners voting "no". The motion failed.
The Commission then discussed vacation; the likelihood of
a park; and the overgrown vegetation in the right-of-way.
Mr. Downie suggested the City give the property owners
written assurance that the right-of-way will be maintained
in good order.
Mr. Whidden moved to recommend denial of the vacation for
the following reasons:
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1. The Comprehensive Parks and Recreation Plan recom-
mends retention of street rights-of-way for scenic
views of the Harbor and Strait.
2. Vacation would eliminate a potential dead-end street
park and viewpoint.
3. The vacation does not comply with Open Space Policy
No.3, regarding preservation of unique natural
features.
4. The right-of-way may be used for future utilities.
5. Vacation is not in the best interests of the public.
Mr. Ranta seconded this motion, which passed 5 - 2, with
Messrs. Bennett and Downie voting "no", clarifying that
their vote would change if the City cleaned and maintained
the right-of-way in an attractive manner.
PRELIMINARY PLAT HEARING - BUTLER. Request for
approval of a preliminary plat consisting of two
lots on 37,251 square feet. Location: Milwaukee
Dri ve, between sixth "a"nd Tenth Streets.
Mr. VanHemert reviewed the staff report. Mr. Bennett asked
the status of improvements on Milwaukee Drive, which Staff
indicated on the plat. Chairman Brewer opened the public
hearing.
Dave Collins, representing the plat engineer, said the lot
being created is compatible with existing lots in the area.
Chairman Brewer closed the public hearing.
Mr~ Downie moved to recommend approval of the preliminary
plat, citing the following findings:
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A. Public utilities and streets are available to the
subdivision and capable of servicing the additi~nal
lot.
B. The proposed plat complies with the Subdivision Regu-
lations.
Planning Commission
March 11, 1981
Page 7
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C. The proposed plat is compatible with the residential
policies of the Comprehensive Plan.
D. The public use and interest will be served by approv-
ing the plat.
Mr. Ranta seconded this motion, which passed unanimously.
PARKING VARIANCE - TERRILL. Request for reduction
in off-street parking spaces from 50 required for
expanded restaurant/living quarters to 7 spaces.
Location: 408 South Lincoln Street. (Remanded
from City Council on change in proposal; coni:inued
from February 25, 1ge1.l
Mr. Bennett excused himself from consideration of this mat-
ter on the appearance of fairness and left the hearing room.
Mr. Carr reviewed the status of the amended proposal; Chair-
man Brewer opened the public hearing.
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S. Brooke Taylor questioned the propriety of Mr. Whidden re-
maining and voting since he was not present on February 25th,
and further cited the appearance of fairness with respect to
Mr. Whidden's ownership of a restaurant. Mr. Carr suggested
obtaining the opinion of the City Attorney.
Mr. Whidden suggested the matter be tabled until March 25th
so the City Attorney could provide an opinion. Mr. Anderson
moved to continue the hearing until March 25th. Mr. Downie
seconded this motion.
The Commission and the applicant discussed possible meeting
dates when everyone could attend. Mr. Carr then suggested
a recess so he could contact the City Attorney by telephone,
provided Mr. Taylor would accept an oral report of the At-
torney's determination. This was agreeable, so a recess
was taken at 9:10 P.M.
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At 9:25 P.M. the meeting was reconvened and Mr. Carr reported
the City Attorney's determination, as follows: With respect
to the appearance of fairness allegation, the connection be-
tween the one Commissioner and the applicant is too remote to
constitute a violation, both in nature of competition and
geographical location. with respect to the objection of Mr.
Whidden not having been present at the earlier hearing, only
the applicant and her attorney spoke at that hearing, and
they may restate all matters brought up on February 25th.
Mr. Taylor said he was willing to proceed under those cir-
cumstances; however, he is not waiving his objection to Mr.
Whidden's presence.
The Commission then voted on the pending motion to table this
matter until March 25th, which failed, all Commissioners vot-
ing "no".
Planning Commission
March 11, 1981
Page 8
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Mr. Taylor stated that no arrangements have been found for
additional parking, short of purchasing property, razing
an existing building and putting in a parking lot. Safe-
way is the only objector, and that was to the original pro-
posal. The present application constitutes limited growth
on an existing site, not expansion. The proposal would
take an old, derelict building which provides a needed ser-
vice and bring it up to Code.
Chairman Brewer read into the record a memo from Staff re-
porting comments from a person favorable to the request.
In response to a question from Mr. Downie, Mrs. Terrill said
that the dinner business is not yet well established during
the winter, although it is during the summer. After 3 PM
most of her clientele is drive-in, rather than walk-in. The
basement is proposed to make the building structurally sound.
There is currently no parking available on the site. Mr.
Ranta feels there is something wrong in requiring a business
which has no available parking now to provide a number of
spaces if the interior is changed around. Many businesses
do not have to provide their own parking. Mr. Downie sug-
gested that the businessmen in the area form a cooperative
parking arrangement.
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Mr. Anderson asked if the proposed basement were not used
for restaurant purposes, would that require provision of
parking spaces. Mr. Carr replied that the features built
into the basement would determine the ease with which it
could be altered for restaurant use and thus, to a degree,
the parking requirements considered by the Commission. Mr.
Whidden said that many basement uses are restricted by the
Fire Department. Chairman Brewer asked Mrs. Terrill what
she would do if the improvements cannot be made; to which
she responded that the building would remain as it is. She
would not put money into the building if she cannot expand
the service space and recover her costs. She wants to bring
the building up to code. Chairman Brewer closed the public
hearing.
Mr. Ranta moved to recommend approval of the parking variance
to eliminate all parking requirements. This motion died for
lack of a second.
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Mr. Downie suggested that Staff contact the County regarding
possible use of the satellite parking lot at Fifth and
Lincoln. Mr. Carr said he could direct a letter to the
County, but it was not Staff's responsibility to locate
parking spaces for the applicant. Mr. Whidden suggested
that the applicant either pursue obtaining parking spaces
from the County on a long-term lease, or attempt to have the
other businesses in the area join together to get parking.
Mr. Whidden moved to continue this matter to April 8th and
directed Staff to contact the County regarding their parking
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Planning Commission
March 11, 1981
Page 9
variance. Mr. Anderson seconded this motion, which passed
unanimously.
Mr. Bennett returned to the hearing room.
V COMMUNICATIONS FROM THE PUBLIC
None.
VI STAFF REPORTS
Appeal of a denial on Short Plat 80(11)XIV -
Ronald F. Erdmann.
Mr. Carr reviewed this short plat appeal. Mr. Erdmann told
the Commission that the short plat has met the approval of
all Departments except Fire and Planning. He and his sister
have no future plans to further divide the property. The
property is served by a primary power source which is ade-
quate, and a 2" water line from a 4" water main in Scribner
Road. He has received no objections from other residents
on Scribner Road, and Messrs. Payne and Kopseng do not ob-
ject to his sister using the easement.
Mr. Bennett moved to recommend that a variance of Section 5,
Standards and policies, Lots, Policy No. 4 (p. 10, Ordinance
1631) be granted because utilization of the existing ease-
ment for one additional residence will not detrimentally
affect the traffic patterns, would not conflict with the
Comprehensive Plan, and Mr. Erdmann would experience extra-
ordinary hardship without the variance. This recommendation
was made subject to the following conditions:
1. That no additional platting occur until right-of-way
that complies with Policy No.4, Lots, Section 5,
p. 10, Ordinance 1631, is provided.
2. That the easement to the second parcel to the west will
not necessarily be utilized as right-of-way if or when
either parcel is developed to its maximum zoning den-
sity.
Mr. Whidden seconded this motion, which passed unanimously.
VII
REPORTS OF COMMISSIONERS
Mrs. Thompson: Questioned the parking prov1s10ns for the
expansion of First Federal Savings & Loan; and was
told by Mr. Carr that that institution is a member
of the Downtown Parking Association.
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Planning Commission
March 11, 1981
Page 10
Mr. Whidden: Asked about Home Occupation utility charges.
Mr. Carr said it would come to the Commission on
March 25th.
He also asked if the Commission should pursue doctors'
statements on Home Occupations where the disability
waiver is invoked. Mr. Carr said Staff would.
He then asked why the Fire and Police Departments do
not show much concern on CUP applications. Mr. Carr
said they have provided increased information recently.
Messrs. Bennett, Downie and Ranta and Chairman Brewer had
nothing.
Mr. Anderson: Asked about applications for Home Occupa-
tions, which do not appear to be forthcoming. Mr.
Carr said there had not been many filed.
VIII ADJOURNMENT
The meeting adjourned at 11 PM.
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Paul D. rr, Secretary
Chairman
Tape Condition: Satisfactory
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