HomeMy WebLinkAboutMinutes 08/27/2003
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pORTANGELES
WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMl\flSSION
32 I East Fifth Street
August 27,2003
I.
CALL TO ORDER
7 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of July 23, 2003
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IV. CONTINUED PUBLIC HEARINGS:
1. CONDITIONAL USE PERMIT - CUP 03-10 - MOlUUSON. 3800 Old Mill Road:
Request to allow a duplex in the RS-9, Residential Single Family zone. (Continued from July
23,2003.)
2.
STREET V ACA TION - STV 03-01 - BLAKE eta). Portion of 2/3 Alley east of Marine
Drive: Request for vacation of City right-of-way. (This item is continued from July 23,
2003.)
CONTINUED ACTION:
1. CONDITIONAL USEPERMIT-CUP03-09-PERRY.1931 West Sixth Street Request
for accessory residential unit in the RS-7, Residential Single Family zone. (Deliberation
continued from July 23, 2003.)
V.
PUBLIC HEARING:
1. CONDITIONAL USE PER1\fiT - CUP 03-11 - GRATTAN. 931 East Eighth Street:
Request to allow an accessory residential unit in the RS-7, Residential Single Family zone.
VI. COMMUNICATIONS FROM THE PUBLIC
VII. STAFF REPORTS
VITI. REPORTS OF COMMISSION MEMBERS
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IX.
ADJOURNMENT
PLANNING COMMISSIONERS: Linda Nutter (Chair), Fred Hewins (Vice Chair), Chuck Schramm, Fred Norton, Bob Philpott, Len Rasmussen, Jack Pittis
PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Sue Roberds, Assistant Planner.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 27, 2003
7:00 p.m.
ROLLCALL
Members Present:
Bob Philpott, Fred Hewins, Fred Norton, Linda Nutter
Members Excused:
Chuck Schramm, Leonard Rasmussen, Jack Pittis
Staff Present
Brad Collins, Scott Johns, Jim Mahlum
Public Present:
Bill and Maudeen Averill, Dan and Kelly Morrison, Don Frizzell,
Tom and Jan Neudorfer, Ben HelpensteIl, Robert and Julie
Grattan, Dave Blake
APPROVAL OF MINUTES
Commissioner Philpott moved to approve the minutes of the July 23, 2003, meeting
with one correction, changing north to south on page 2 in the last paragraph. The motion
was seconded by Commissioner Norton and passed 3 - 0 with Commissioner Hewins
abstaining due to his absence from the July 23, 2003 meeting.
PUBLIC HEARING:
CONDITIONAL USE PERMIT - CUP 03-10 - MORRISON. 3800 Old Mill Road:
Request to allow a duplex in the RS-9, Residential Single Family zone. (Continued from
July 23, 2003.)
Associate Planner Johns presented the departmental staff report. Director Collins then
explained that an appeal had been filed on the SEP A Determination of NonSignificance and
adoption of existing environmental documents that had been issued on August 7, 2003, and
explained the procedural steps that would be followed. Commissioner Nutter asked Jim
Mahlwn, City engineering staff member, if the City Public Works and Utilities Department was
convinced that the drainage plan submitted by Mr. Morrison would function as designed and
remedy the local area's problems with water in basements. Mr. Mahlwn said that the City was
confident that the drainage structures that Mr. Morrison has installed would divert the water
away from the Dogwood Place residences. Commissioner Nutter then asked Mr. Johns what
time of year the site visits were made to the site. Mr. Johns answered that he had visited the site
twice, once in 2002 and once in 2003. Both times were during the early part of July.
Chair Nutter indicated that those who testify must sign the "Sign In" log and affirm that
their testimony will be truthful to the best of their knowledge prior to testifYing before the
Commission. Chair Nutter then reopened the public hearing.
Dan Morrison, 408 E Scribner Road, Port Angeles, stated he had nothing to add but
was available for questions. Chair Nutter asked about the benn that separates his property from
the property to the west containing the small pond. Mr. Morrison responded that the benn has
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Planning Commission Minutes
August 27, 2003
Page 2
been in place since before his ownership of the property. Commissioner Hewins asked what
future plans Mr. Morrison had for the site. Mr. Morrison answered that he has considered future
options, but has not made any specific plans.
Bill Averil, 214 Dogwood Place, Port Angeles, stated that his main concern was with
the drainage problems in the general area and explained how the drainage currently affected his
property and his
neighbor's properties. Chair Nutter asked him to elaborate on his description of his drainage
problems. Mr. Averil that he and his neighbors have had to create ditches between their yards
and toward the street to channel the water away from homes to prevent basement flooding. He
also described a neighbor's constant use of a sump pump during wet times of the year. Mr.
A veri I asked if the Planning Commission approved one duplex in the area, would that set a
precedent where by other applications for duplex uses could not be denied. Chair Nutter
explained that each request for a duplex would require a separate conditional use application
which would be considered individually. Director Collins further stated that the City followed
an infonnal rule of not approving more than one duplex per block, based on the general
condition of having 20 residential lots per block. He went on to say that it would be highly
unlikely that staff would recommend approval of a second application for a duplex on Mr.
Morrison's property and it was also highly unlikely that the Planning Commission would
approve such an application. Mr. Averil stated that he was concerned with preserving the single
family character and the quality of the area if more duplexes were allowed.
Don Frizzell, 4016 Old Mill Road, Port Angeles, asked staff if there has been an
inventory of duplex unit in the area. Director Collins answered that there was one on Rhodes
Road near Park Knolls Road and two on the southeast corner of Viewcrest and Laurel Streets. .
Chair Nutter reiterated that duplexes are allowed by conditional use pennit and that each
application is considered on its own merit. Mr. Frizzell asked if he correctly understood that if
one duplex were approved that it would not "grandfather" the site to develop with more
duplexes. Both Director Collins and Chair Nutter assured Mr. Frizzell that granting the
conditional use for this duplex would in no way open the door for a second duplex.
Chair Nutter asked staff what infonnation Lisa Del Guzzi (who wrote a comment letter)
had detennined that the area was a wetland. Planner Johns stated that two sources were
generally available. The first is the Sheldon Wetland Inventory for Port Angeles which shows a
wetland in the general area, however, that wetland had not been field verified or delineated by
that inventory. The second source is the County wetland maps which indicate an area of over
five acres extending into several adjacent parcels as being all wetland. The County map
indicates that the in addition to the Morrison site, the location of the Frizzell home site and yard
is also wetland. Mr. Johns indicated that during his site visit he determined that the area shown
on the map as wetland was incorrect and much larger than what actually occurred on the land.
Commissioner Norton expressed concern that there was no actual number of duplexes
stated as a threshold for determining how many duplexes could be located in any specific area
and suggested that the Planning Commission discuss this issue at a future meeting.
Commissioner Philpott asked Mr. Morrison if the cuI de sac road would be built as part
of the duplex project and if the road would be paved. Mr. Morrison indicated that he was not
going to complete the road as part of this project, but was planning to access the duplex from a
driveway off of Old Mill Road. He also stated that the road would not be paved at this time.
Commissioner Philpott then asked if Mr. Morrison could do anything to alleviate the drainage
problems for the Dogwood Place neighbors. Mr. Morrison said that was the intent of his
drainage plan which has been installed at this time.
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Planning Commission Minutes
August 27, 2003
Page 3
Commissioner Hewins asked Mr. Morrison if a wetland delineation had been done as part
of the background research for the drainage plan. Mr. Morrison answered that the delineation
had been done for the drainage plan. Chair Nutter closed the public hearing.
Commissioner Hewins moved to approve CUP 03-10 with the following 4 conditions,
13 findings and 6 conclusions.
Conditions:
1. The applicant shall meet the permitting and utility requirements, including the provision
of four (4) off-street parking spaces, 2 for each residentiallUlit.
2. Future land use actions or land divisions shall not reduce the development standards
below the required minimums for lot size (l4,OOOft2), coverage (30%), setbacks, or other
dimensional standards required for a duplex in the RS-9 zone.
3. A vegetated buffer 50 feet in width and consisting of native vegetation shall be
maintained around the small pond located on the property directly adjacent to the west of
the subject site. No earth disturbing work, land fill, nor construction shall occur within
the 50-foot buffer.
4. The proposed drainage system shall be completed on site as shown on the approved
Clearing and Grading Pennit (C&G 02-05) prior to issuance of a building pennit.
Findings:
1.
The applicant Dan Morrison submitted a Conditional Use Pennit application for a duplex
on June 24,2003.
The application is for a conditional use permit to construct a duplex residentiallUlit on an
RS-9 Residential Single Family zoned property.
Section 17.08.025(E) of the Port Angeles Municipal Code defines a duplex as "a
residential building containing two one-family dwelling units within the four walls of the
building."
The subject property is located in the 3800 block of Old Mill Road directly west of its
intersection with Rhodes Road. The property is legally described as parcel 3, surveys
volume 36, Page 67, Records ofClallam County and is 5,17 acres in size.
The subject property is currently undeveloped.
The Comprehensive Plan designates the site as Low Density Residential (LDR)and Open
Space. Adjacent designations include LDR to the west, north, and south and Open Space
to the east.
An engineered drainage plan for the proposed subdivision of the site was submitted on
August 27, 2002.
A Clearing and Grading Permit was issued for the installation of a stormwater drainage
system on August 13, 2002.
The City's Parking Ordinance requires parking spaces to be a minimum of 8.5 by 18 feet
in length and that two (2) off-street parking spaces be provided for each unit of a single,
two, or three family structure under PAMC 14.40.060. .
The Comprehensive Plan's Land Use Element Policy Cl states "ua healthy, viable
district should be composed of residential uses of varying densities..." and Housing
Element Policy B6 state, "Adequate low and moderate income housing opportunities
should be provided within the Port Angeles Planning Area. "
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Planning Commission Minutes
August 27, 2003
Page 4
11.
A Determination of Non-Significance and adoption of existing SEP A documents was
issued for this proposed action on August 7, 2003.
The Public Works and Utilities Department commented; Connect to City utilities per
approved design standards. Water and sanitary sewer are located in Old Mill Road.
Storm detention shall be as shown on approved design plans. Street improvements shall
be as shown on approved design plans. Any modification to Jhe existing electrical
facilities will be at the customer's expense. Load calculations are required. There are no
conflicts with the electrical facilities.
Three written comments were received on the proposal by July 16, 2003, the end of the
public comment period provided for in the legal notice. A letter received from the
property owner located to the southwest of the subject site and containing a small pond
stated that as long as the pond was protected from negative impacts that they had no
objection to the proposal. Several calls were received from property owners located to
the north of the proposed proj ect. Those property owners had concerns about the
management of stormwater from the developed site.
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13.
Conclusions:
1.
As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's
Low Density Residential Land Use Designation, the Comprehensive Plan's Land Use
Element Policy Cl and Housing Element Policy B6.
The Comprehensive Plan allows for subordinate and co'mpatible uses within different
zones, including residential zones. It also specifies that various residential densities
should be allowed in certain zones by conditional use approval in order to provide
adequate, affordable housing.
The proposed use, a duplex, is consistent with the purpose of RS-9 zone P AMC
17.01.020.B, as it is compatible with adjacent residential uses, and is consistent with the
definition of duplex under PAMC l7.08.025(E). If the proposed use complies with
certain definitions and the design and performance standards set forth by the Zoning
Code, then it can be deemed consistent with the Zoning Code.
As conditioned, the proposal is consistent with the requirements for approval of a
conditional use permit as specified in PAMC 17.96.050.
As conditioned, the proposal is consistent with the Parking Ordinance, P AMC 14.40.
As conditioned, the proposal is in the public use and interest.
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The motion was seconded by Commissioner Philpott and passed 4 - O.
STREET V ACA TION - STY 03-01 - BLAKE et ai, Portion of 2/3 Allev east of Marine
Drive: Request for vacation of City right-of-way. (This item is continued from July 23,
2003.)
Director Colli~s presented the departmental staff report. Commissioner Hewins asked
whether the western portion of the alley would still provide access to the Blake property or
would the alley be blocked. Mr. Collins indicated that no changes were expected to take place,
as public access to the western portion of the alley would remain open and that the eastern
portion of the alley currently was blocked by activities on the Blake property through a right-of-
way use pennit. Commissioner Philpott inquired about monetary compensation to the City for
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Planning Commission Minutes .
August 27, 2003
Page 5
the vacation. Mr. Collins said that the Real Estate Committee had set the price at $5.50 per
square foot based on County Assessor's appraised value of the adjacent properties. The total
value to the City would be $33,000, which would be split between the two adjacent property
owners.
Commissioner Norton moved to recommend approval of the street vacation to the
City Council with the following condition, 11 findings and 4 conclusions.
Condition:
A 10-foot easement shall be retained along the south portion of the alley for utility
purposes.
Findings:
1.
Petitions requesting vacation of that portion of unused right-of-way located east of
Marine Drive identified as a portion of "A" Street abutting Block 97, TPA, not
previously vacated by Ordinance #573 in 1917 and a portion of the 2/3 alley abutting
Lots 1-20, Block 97, TPA were received on June 2,2003, from Blake Sand & Gravel and
Ferrellgas.
Three property owners own property abutting the right-of-way sought for vacation. Per
RCW 35.79.010, two thirds of the owners of property in an area may request vacation
and comprise a valid request for such vacation. The remaining property owner, Unocal,
does not wish to acquire any of the abutting vacated right-of-way (see letter dated July 8,
2003.)
The area is zoned IH, Industrial, Heavy.
The City's Comprehensive Plan and Land Use Map were reviewed for consistency with
the proposed vacation of right-of-way. Land Use Element Industrial Goals and Policies
Goal G, Land Use Element Commercial Goals and Policies Goal D, Policy D3, and Goal
H, Policy H.4, and Transportation Element Goal B were found to be relevant to the
proposal.
The City of Port Angeles' Real Estate Committee met on June 30, 2003, and established
a value for the unopened right-of-way at $5.50 per square foot. The subject right-of-way
contains a total of 10,637 square feet in area for a total value of $58,503.50.
The subject right-of-way has not been used for through traffic but has been used by
abutting property owners through a Right-of-Way permit. There is no potential for the
right-of-way to become a through street as it terminates directly east of the Ferrellgas
property at Tumwater Creek. No utilities are located in the subject right-of-way with the
exception of overhead utility lines which will be undergrounded at the applicant's
expense if consolidation ofthe sites is intended.
The most eastern portion of the subject right-of-way terminates at Tumwater Creek.
Subsequent development of the area that includes Tumwater Creek or any portion of the
marine bluff south of the alley will require review under the City's Environmentally
Sensitive Areas Ordinance due to the proximity of either the Tumwater Creek or the
marine bluff south side of Third Street in this location. Development within the Creek
corridor will require a 75 foot setback from the creek.
The vacating of a street is categorically exempt from a State Environmental Policy Act
(SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code.
The site was posted and required publication appeared in the Peninsula Dailv News on
July 7, 2003.
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Planning Commission Minutes
August 27, 2003
Page 6
10.
The Port Angeles Planning Commission held a public hearing on the proposed street
vacation and forwarded a favorable recommendation for vacation to the City Council
following the July 23, 2003, hearing.
At its July 15,2003, regular meeting, the Port Angeles City Council established a hearing
date of September 2, 2003, for consideration of the petition request.
11.
Conc1 usions:
A. Traffic patterns on surrounding streets will not be negatively impacted by the vacation. In
fact, the impact of traffic to and from the site(s) along Marine Drive will be considerably
lessened with the ability to allow a second improved access/egress through Third Street
which will be required with further development of the properties abutting Third Street in
this location.
B. The proposal is consistent with the goals and policies of the City's Comprehensive Plan
specifically: Land Use Element Industrial Goals G and H and Policy H.4; Land Use
Element Commercial Goals and Policies Goal D, Policy 3; and Transportation Element
Goal B.
C. The street vacation is in the public interest as it places unused public right-of-way on the
tax roles and allows for the retention and expansion of existing businesses in the area.
The motion was seconded by Commissioner Philpott and passed 4 - O.
CONDITIONAL USE PERMIT - CUP 03-09 - PERRY. 1931 West Sixth Street: Request for
accessory residential unit in the RS-7, Residential Single Family zone. (Deliberation continued
from July 23,2003.)
Chair Nutter opened the discussion by stating that staff had provided the Findings and
Conclusions supporting denial of the conditional use pennit as requested by the Commission at
the July 23, 2003, meeting. Commissioner Philpott said that the changes were easy to find and
understand as staffhad underlined the new language that was provided.
Commissioner Norton moved to accept the findings and conclusions supporting the
denial of CUP 03-09 as follows;
Findings:
1.
The applicant Michael Perry submitted a Conditional Use Permit application for an
accessory residential unit on June 24, 2003, and submitted modified plans on July 18,
2003.
The application is for a conditional use permit to use a portion of an existing basement
for an accessory residential unit on an RS-7 Residential Single Family zoned property.
The applicant proposes to use a portion of the basement of an existing single family
residence located at 1936 West 6th Street for an accessory residential unit. The existing
house has a total footprint of approximately 1,150 square feet and meets the required
setbacks for the RS-7 zone.
The principal residential unit contains approximately 1,776 square feet of total floor area.
The accessory residential unit is 592 square feet in size, which is 50% the size of the
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Planning Commission Minutes
August 27, 2003
Page 7
main residence. A portion of the basement would be divided off and the area reserved as
storage for the primary dwelling unit.
5. The owner of the residence is not a resident of the site. Both the primary residence and
the accessory residence will be rental units.
6. Section 17.08.010B of the Port Angeles Municipal Code defines "an accessory
residential unit" as a dwelling unit which:
A. is incidental to a detached single family residence,
B. is subordinate in space (i.e., fifty percent or less space than the single
family residential use),
C. is located on the same zoning lot as the single family residence, and
D. is served by separate water and electrical services, in addition to a separate
address.
7. The zoning code defines Subordinate as "less imvortant than and secondary to a
primary object, usually in these Zoning ReflUlations referrinf! to an accessory use ".
8. Relative to accessory dwelling units. the zoning code states that 'subordinate' in area as
being 50% or less in size than the primary residence. No reference is made to being
subordinate in use.
9. The Zoning Code defines incidental as "in addition to and not interfering with or
otherwise detracting from a main object: usually in these Zoninf! Regulations referring to
a use in addition to a vermitted use ".
10. Section 17.08.025(J) of the Port Angeles Municipal Code defines a dwelling unit 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 includedfor each dwelling unit."
11. PAMC 17.08.025(E) defines Duplex as "a residential building containing hvo one-family
dwelling units within the four walls of the building".
12. P AMC Title 17 Table "A" states that the minimum lot size for a duplex in the RS-7 zone
is 10.500 square feet.
13. The proposed accessory residential unit is on the same zoning lot as the main dwelling.
The property is zoned RS-7, as well as all adjacent properties.
14. FAMC 17.10.010 states that the purpose of the RS-7 zone is"This is a low densitv
residential zone intended to create and preserve urban sinzle family residential
neighborhoods consisting of vredominantlv single family homes on standard Townsite-
size lots. Uses which are compatible with and functionally related to a single family
residential environment may also be located in this zone ".
15. The subject property is located in the 1900 block of East 6th Street between "M" and
Evans Streets. The property is legally described as Lot 13, Block 2, Aldwell's
Subdivision and is the standard 50 x 140 feet (7,000 square feet) in size.
16. The subject property contains an existing single family residence that covers
approximately 1 ,150 square feet of the site and an existing garage that covers
approximately 729 square feet. In total, the lot coverage is 1,879 square feet, or 26.9%
and is below the maximum of 30%.
17. PAMC 14.40.060(D) requires 2 parking spaces per dwelling unit. The subject property
has a two car garage and areas around the structures where two additional spaces parking
could be provided.
18. The City's Parking Ordinance requires parking spaces to be a minimum of 8.5 by 18 feet
in length and that two off-street parking spaces be provided for each unit of a single, two,
or three family structure per P AMC 14.40.060.
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Planning Commission Minutes
August 27, 2003
Page 8
19.
The Comprehensive Plan designates the site as Low Density Residential (LDR).
Adjacent properties are also designated LDR.
The Comprehensive Plan's Land Use Element Policies A2 and Cl, Housing Element
Policies A6 and B6 support accessory residential units and methods for increasing low
and moderate income housing opportunities and creating diverse neighborhoods.
A Detennination of Non-Significance was issued for this proposed action on July 18,
2003.
The Public Works and Utilities Department commented, "A separate water meter is
required for each unit, off street parking is required for each unit, each unit shall have its
own address, a separate electrical meter is required for each unit."
Two written comments were received on the proposal by July 16, 2003, the end of the
public comment period provided for in the legal notice. One letter pointed out that the
proposed accessory swelling unit did not comply with the definition of subordinate, and
expressed concern over parking availability, stating that on street parking was a problem
in the neighborhood and that this project would make the problem worse. A second letter
had no objection to the project if it were conditioned as to who was allowed to live at the
site.
The applicant provided an alternate floor plan expanding the accessory unit in excess of
50% of the primary unit on July 18. 2003. and requested approval from the planning
Commission for this second primary unit.
The Planning Commission conducted a public hearing on July 23 2003. And continued
deliberation of the issue to August 27. 2003.
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Conclusions:
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The definition of an accessory residential unit does not define or limit whether or not the
accessory dwelling unit is occupied full or part time, nor who resides in the unit such as
the property owner residing in the accessory unit and renting the main dwelling. Since
both units will be rented. the basement unit is not incidental to the primary residence.
When the home owner does not reside at the site and rents out both the primary unit and
the accessory unit. the intent of the code is not met.
The proposal is not consistent with the intent of the Comprehensive Plan's Low Density
Residential Land Use Designation, or the Zoning Code RS-7 zone as duplexes are
allowed only if density requirements are met, which would require a minimum of 10,500
square-foot lot.
The Comprehensive Plan and the Zoning Code allow for subordinate and compatible uses
within different zones, including residential zones. They also specify that accessory
residential units should be allowed in certain zones by conditional use approval in order
to provide adequate, affordable housing.
The original proposal is consistent with the definition of accessory residential unit under
PAMC 17.08.110(B).
The applicant's testimony provided at the July 23. 2003. public hearing indicated the
potential for an increase in floor area of the accessory unit which would not meet the
purpose of the RS- 7 zone.
There are no assurances that the basement accessory unit would not be expanded into the
storage area at some future date.
The proposal is consistent with the requirements for approval of a conditional use permit
as specified in PAMC 17.96.050.
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PlalUling Commission Minutes
August 27, 2003
Page 9
8.
A duplex unit is not allowed on the subject site due to the property size.
The motion was seconded by Commissioner Philpott and passed 3 - 0 with
Commissioner Hewins abstaining because he was absent from the July 23, 2003 meeting
and had not had an opportunity to listen to the tape recording of the meeting.
CONDITIONAL USE PERMIT - CUP 03-11 w GRATTAN. 931 East Eighth Street:
Request to allow an accessory residential unit in the RS-7, Residential Single Family
zone.
Associate Planner Johns presented the departmental staff report. Commissioner Philpott
asked staff if the building division would be able to detennine if the remodeling of the house
would be done with the same dimensions that the Planning Commission reviewed. Mr. Johns
replied that the conditions will become part of the building department's file if the conditional
use pennit is approved. He also stated that when plans were submitted for a building penn it that
those plans would have to have specific dimensions and that during the building process that
regular inspections would take place. Commissioner Nutter asked if the four required parking
spaces would be provided and also if the existing garage would be used for parking. She stated a
concern that there was no parking plan or site plan showing the location of the garage and asked
staff to be more diligent in requiring better plans for review. Mr. Johns said that there was
adequate room for the required parking and that the garage was not going to be used for parking.
Chair Nutter then expressed concern that there did not appear to be any safeguard that after
granting occupancy, that the home owner would not expand the accessory residential unit into
the remaining portion of the basement. Chair Nutter opened the public hearing.
Julie Gratton, 173 Lake Farm Road, Port Angeles, stated that the existing basement
was already divided into two portions by a bearing wall that could not be modified, which is also
the reason for the request to be smaller than the allowable area. The area not being used for the
accessory residence is not finished and is not currently habitable. She further elaborated that the
two areas on the lower level of the building had separate entries and adequate windows for
emergency egress. There being no further discussion, Chair Nutter closed the public hearing.
Chair Nutter asked staff if they are aware of any other Accessory structures in the
vicinity. Director Collins said he was aware of only one other in the area and that one os at least
a block away. Chair Nutter then expressed her concern ver the site's ability of accommodate the
required parking and because that parking would all be in the rear and adjacent to a pocket park,
might increase the risk to children using the park.
Commissioner Philpott moved to approve CUP 03-11 with the following 6
conditions, 18 findings and 9 conclusions;
Conditions:
1.
The applicant shall meet the utility requirements of 'providing individual electric and
water meters for each residential unit.
The applicant shall provide two (2) off-street parking spaces for the principal residence
and two (2) off-street parking spaces for the accessory residential unit for a total of four
(4) off-street parking spaces per a site plan approved by the City Engineer.
The two residential units shall be kept separate from each other such that no interior
access between the two units exists.
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Planning Commission Minutes
August 27,2003
Page 10
4.
The floor area of the accessory residence shall not be more than 50% of the floor area of
the primary residence or 691 square feet.
A separate address shall be assigned to the accessory dwelling unit prior to final
occupancy.
The applicant shall obtain a building permit for creating the accessory residential unit.
5.
6.
Findings:
1.
The applicant Robert Grattan submitted a Conditional Use Pennit application for an
accessory residential unit on July 9, 2003.
The application is for a conditional use pennit to use a portion of an existing basement
for an accessory residential unit on an RS-7 Residential Single Family zoned property.
The applicant proposes to use the entire upper level and a portion of the lower level
(basement) of an existing residence as a primary residential unit and a portion of the
basement as an accessory dwelling unit. The home is located on one Townsite-sized lot
located at 931 East 8th Street. The accessory residential unit includes one bedroom, one
bathroom, a kitchen, and a living room.
The principal residential unit contains approximately 1,243 square feet of floor area on
the main floor and 830 square feet of floor area on the lower level for a total floor area of
2,073 square feet. The basement accessory residential unit is 387 square feet in size,
which is less than 50% of the size of the main residence.
Section 17.08.01OB of the Port Angeles Municipal Code defines "an accessory
residential unit as a dwelling unit which:
A. is incidental to a detached single family residence,
B. subordinate in space (i.e., fifty percent or less space than the single family residential
use),
C. is located on the same zoning lot as the single family residence, and
D. is served by separate water and electrical services, in addition to a separate address.
Section 17.08.025(J) of the Port Angeles Municipal Code defines a dwelling unit 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, pennanently installed, shall always be included for each dwelling unit."6.
Section 310.7.1 of the 1997 Unifonn Building Code states that an Efficiency Dwelling
Unit .....shall have a living room of not less than 220 square feet of superficial floor area.
An additional 100 square feet of superficial floor area shall be provided for each
occupant of such unit in excess of two."
The proposal is on the same zoning lot as the main dwelling.
The subject property is located in the 900 block of East 8th Street between Race and
Washington Streets. The property is legally described as Lot 17, Block 223, Townsite of
Port Angeles and is the standard 50 x 140 feet (7,000 square feet) in size.
The subj ect property contains an existing, single family residence that has a foot print of
approximately 1,243 square feet and a garage that has a footprint of approximately 380
square feet. In total, the lot coverage is 1,623 square feet, or 23% and well below the
maximum of 30%.
PAMC 14.40.060(D) requires 2 parking spaces per dwelling unit. The subject property
has adequate area around the structures where parking could be provided. No parking
plan was provided. Vehicle access onto the site is from the alley. No land forms or
structures exist that would limit access or parking.
2.
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Planning Commission Minutes
August 27, 2003
Page] I
12. The Comprehensive Plan designates the site as Low Density Residential (LDR).
Adjacent designations are LDR, with Commercial designation to the west.
13. The property is zoned RS-7, as well as properties to the north, east, and south. The
adjacent property to the west is zoned PBP Public Buildings and Parks. Farther west at
the intersection of 8th and Race is zoned Commercial Neighborhood.
14. The City's Parking Ordinance requires parking spaces to be a minimum of 8.5 by 18 feet
in length and that two off-street parking spaces be provided for each unit of a single, two,
or three family structure under PAMC 14.40.060.
15. The Comprehensive Plan's Land Use Element Policies A2 and C1, Housing Element
Policies A6 and B6 state, "Accessory residential units should be allowed in certain
residential zones, upon approval of a Conditional Use Pennit." and "Adequate low and
moderate income housing opportunities should be provided within the Port Angeles
Planning Area."
16. A Determination of Non-Significance was issued for this proposed action on August 19,
2003.
17. The Public Works and Utilities Department commented, "The applicant must meet the
off street parking requirements, and there shall be separate electrical and water meters for
the two residential units.
18. No written comments were received on the proposal by August 11,2003, the end of the
public comment period provided for in the legal notice.
Conclusions:
1.
2.
Only 387 square feet of the basement story is proposed for the accessory residential unit.
The definition of an accessory residential unit does not define or limit whether or not the
accessory dwelling unit is occupied full or part time, nor who resides in the unit such as
the property owner residing in the accessory unit and renting the main dwelling or living
off site and renting both units.
As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's
Low Density Residential Land Use Designation, the Comprehensive Plan's Land Use
Element Policies A2 and C1, Housing Element Policies A6 and B6.
The Comprehensive Plan allows for subordinate and compatible uses within different
zones, including residential zones. It also specifies that accessory residential units should
be allowed in certain zones by conditional use approval in order to provide adequate,
affordable housing.
The proposed use, an accessory residential unit, is consistent with the purpose of RS-7
zone, as it is compatible with adjacent residential uses. If the proposed use complies with
certain definitions and the design and performance standards set forth by the Zoning
Code, then it can be deemed consistent with the Zoning Code.
As conditioned, the proposal is consistent with the definition of accessory residential unit
under PAMC 17.08.110(B) and the purpose of the RS-7 zone.
As conditioned, the proposal is consistent with the requirements for approval of a
conditional use permit as specified in PAMC 17.96.050.
As conditioned, the proposal is consistent with the Parking Ordinance, P AMC 14.40.
As conditioned, the proposal is in the public use and interest.
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The motion was seconded by Commissioner Hewins and passed 4 - O.
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Planning Commission Minutes
August 27, 2003
Page 12
COMMUNICATIONS FROM THE PUBLIC
Julie Grattan expressed her respect and appreciation for the comments on the accessory
residential unit proposal and said that she will remain aware of the possible vehicle/pedestrian
conflict in the 7/8 alley once the accessory residential unit is occupied.
STAFF REPORTS
Director Collins discussed the changes in the schedule for long range planning issues and
asked the Commissioners to consider whether they wanted to take up the issue of design review.
REPORTS OF COMMISSION MEMBERS
Commissioner Philpott indicated that he would be out of town for the September 10,
2003, meeting and possibly the September 24,2003, meeting.
ADJOURNMENT
The meeting adjourned at 9:10 p.m.
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Brad Collins, Secretary
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Linda Nutter, hair
PREPARED BY: S. Johns
· ~ORTANGELES
WAS H I N G TON, U. S. A.
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PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
PLEASESIGN IN
Meeting Agenda of: ~0c..l').5,- 27) ;;)-cfS3
PLEASE NOTE: IF you plan to testify, by signature below, you cenify that the testimony
given is true and correct under penalty of perjury by the laws of the State of Washington.
Si nature below DOES NOT REQUIRE you to testify - it onl acknowledges our resence.
Agenda Item No.
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pORTANGELES
WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
August 27,2003
I.
CALL TO ORDER
7 p.m.
II. ROLL CALL
m. APPROVAL OF MINUTES: Regular meeting of July 23, 2003
IV. CONTINUED PUBLIC HEARINGS:
1. CONDITIONAL USE PERMIT - CUP 03-10 - MORRISON. 3800 Old Mill Road:
Request to allow a duplex in the RS-9, Residential Single F ami ly zone. (Continued from July
23, 2003.)
2.
STREET VACATION - STY 03-01 - BLAKE eta., Portion of 2/3 Alley east of Marine
Drive: Request for vacation of City right-of-way. (This item is continued from July 23,
2003.)
CONTINUED ACTION:
1. CONDITIONAL USE PERMIT - CUP 03-09 - PERRY. 1931 West Sixth Street: Request
for accessory residential unit in the RS-7, Residential Single Family zone. (Deliberation
continued from July 23,2003.)
V.
PUBLIC HEARING:
1. CONDITIONAL USE PERMIT - CUP 03-11 - GRATTAN. 931 East Eighth Street:
Request to allow an accessory residential unit in the RS-7, Residential Single Family zone.
VI. COMMUNICA nONS FROM THE PUBLIC
VII. STAFF REPORTS
vm. REPORTS OF COMMISSION MEMBERS
.
IX. ADJOURNMENT
PLANNING COMMISSIONERS: Linda Nutter (Chair), Fred Hewins (Vice Chair), Chuck Schramm, Fred Norton, Bob Philpott, Len Rasmussen, Jack Pittis
PLANNING STAFF: Brad Collins, Director; Scott Johns, Associate Planner; Sue Roberds, Assistant Planner.