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Home My WebLink About525 W 6th St - Land UseCITY OF PORT ANGELES BOUNDARY LINE ADJUSTMENT DETERMINATION FILE NUMBER BLA 94(03)02 SECOND REVISED DETERMINATION 2. The subject property is identified by the Port Angeles Comprehensive Plan as a 7d w z December 1 1994 C)) m I APPLICANT. J T1 Braudo S Blore in 529 W Sixth Street o m Port Angeles, WA 98362 m -ic) 0 I I Legal Description: m z i 4. Lots 13 and 14, Block 95, Townsite of Port Angeles. c z r f x III Determination: OT Approval, subject to conditions, citing the following findings and conclusions: .-1 E mm Conditions: o r iri c co 1 The boundary line adjustment shall be no more than the minimum amount m necessary to achieve clearance of the roof overhang of the encroaching house. r m 2 The final survey submitted to the City for final approval shall be consistent with i the requirements of Section 16.12 070 PAMC. z 3 The existing structures on the adjusted Lot 14 shall be accessory uses to an y existing structure on Lot 13 pursuant to a zoning lot covenant to be executed by 1 z o the applicant. At such time as the applicant seeks a building permit for a single- -1 family residence on the adjusted Lot 14 the zoning lot covenant shall be rescinded m by the applicant, which rescission shall be allowed by the City, and, thereafter i the existing structures on adjusted Lot 14 shall be deemed accessory uses to the single family residential use on the adjusted Lot 14 4 A copy of the final recorded boundary line adjustment survey shall be filed with the City of Port Angeles. Finding 1 The applicant has request approval to adjust the boundary line between Lots 13 A V and 14 .Block 95, TPA, as depicted in the revised plan titled "TBrando Blore Survey" dated received November 11, 1994, prepared by Northwestern Territories, Inc. 1` 4 I ui Revised Boundary Line Adjust ^ent Determination BLA 94(03)02 Page 2 Conclusions; Urban Residential which encourages residential development with lots between 7,000 and 9,000 square feet in size. 3 The subject property is identified by the Port Angeles Zoning Code as Single Family Residential, RS -7, which requires a minimum lot area of 7,000 square feet. 4 There are two houses, a carport and a shed located on the two lots. All of the structures and lots are owned by the applicant. One house is entirely on Lot 13 the carport and shed are entirely on Lot 14 and the second house is located primarily on Lot 13 but encroaches 18 inches onto Lot 14 5 The encroachment of the second house onto Lot 14 occurred prior to enactment of the current zoning ordinance. This encroachment was not discovered by the current owner until a survey by Northwest Territories Inc. (NTI) in approximately February, 1994 6. The City's administrative policy allows a boundary line adjustment to eliminate encroachment of a house over two property lines when the encroachment is minimal, was an unintentional mistake and the boundary line adjustment conforms to the approval criteria set forth in Chapter 16.12 PAMC. 7 The Port Angeles Public Works, Light and Fire Departments reviewed the proposed boundary line adjustment and their comments have been considered in the review 8. The average lot widths of Lots 13 and 14 after the boundary line adjustment will meet the RS -7 requirements of a minimum width of 50 feet at the midpoint or front setback lire and an average of 50 feet for each lot. 9 The application was submitted on March 3 1994 prior to the adoption of the 1994 Comprehensive Plan. A As conditioned, the boundary line adjustment constitutes the minimum adjustment necessary to officially recognize an unintended, minor encroachment of a building across a lot line, which encroachment occurred prior to the adoption of the current zoning ordinance, and therefore does not create an additional building site. B. The resulting lots meet the average lot width requirement for the RS -7 zone. C. The proposed boundary line adjustment meets the requirements of the City's boundary line adjustment ordinance, Chapter 16.12 PAMC, and the City's zoning code, Title 17 PAMC. D The proposed boundary line adjustment does not increase the degree of nonconformance of structures with respect to zoning standards. E. Approval of the proposed boundary line adjustment serves the public health, safety Revised Boundary Line Adjust •nt Determination BLA 94(03)02 Page 3 and general welfare of the community in that it recognizes a preexisting condition that was created unintentionally and allows for full use of the property F The encroachment onto Lot 14 appears to have been a mistake and not intended by the original builder of the house. 13' Cam, Bra lley J l lanning Director City of P A e., Washington December 1. 1994 IV Notes Any person aggrieved by this decision may appeal the decision to the Planning Commission. Appeals shall be submitted to the Planning Department in writing within thirty days following the date of mailing the decision to the applicant. The filing fee for appeals is $150 .4 AGREEMENT FOR USE OF PROPERTY 1 1 c- _—cYG_Tv i/ I ill JU MAY 1 5 695 n LOT 3, BLOCK 74, TOWNSITE OF PORT A17GE aES r CLALLAM COUNTY WASHINGTON PLA NNNG 0 O r.LES T This agreement is entered into this 11 day of Y „e 1995,, and between the City of Port Angeles City') and Tom "Property Owner This agreement relates to the use of property located at 512 West 3rd Street, Port Angeles Washington, and the terms hereof will become a permanen~ restriction on the use of said property Whereas the Property Owner owns two houses on Lot 3 Block 74 Townsite of Port Angeles, Clallam County, Washington which constitutes a preexisting, non conforming use under the City s Zoning Code, because the Code only allows one single family dwelling per lot and Whereas, in June 1994 the Property Owner attempted to construct a second -story addition to the single family residence on the north side of said lot at 512 West 3rd Street which expansion became the subject of a Board of Adjustment interpretation process and eventually a lawsuit as to whether or not the Property Owner would be able to expand the height of the second story of the residence; and Whereas after the lawsuit was filed the City and the Property Owner arrived at an agreement whereby the Property Owner was able to increase the height of the second story by approximately one -half of his original plan; however, after the agreement was entered into, the Property Owner violated the terms of the agreement by expanding the floor area by an additional one foot on the east and west sides of the building and Whereas the City and the Property Owner have subsequently agreed that the violation of the settlement agreemen* can be rectified by the Property Owner constructing interior walls one foot in from the east and west existing walls (excluding the bathroom on the west wall), by the Property Owner paying a penalty permit fee, and by filing this agreement with the Clallam County Auditor Now Therefore based on the above representations and the promises and covenants set forth herein the parties hereby agree as follows 1 The Property Owner will construct new interior walls along the east and west sides of the second story at 512 West 3rd Street, in accordance with Building Permit 008110 dated May 4 1995 and the May 4 1995, letter from Building Inspector Louis Haehnlen to Tom Blore which documents are attached hereto and incorporated herein by this reference STATE OF WASHINGTON ss County of Clallam On this day of 7 i "•95 before me, the under- signed a Notary Public in and for the State of Washington duly commissioned and sworn, personally appeared PROSPER OSTROWSKI and BECKY J UPTON to me known to be the Mayor Pro Tem and City Clerk respectively, of the City of Port Angeles Washington the muni- cipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the said municipal corporation for the uses and purposes nerein mentioned, and on oath stated that they are authorized to execute the said instrument on behalf of said municipal corporation WITNESSED my hand and official seal hereto affixed the day and year first written above NOTARY P UBLI C and for the State of Washington, residing at Port Angeles My commission expires 3 z 0 m -1 T in= O C a m O O r -i� Y O 'fl m m m o w 0 r- 0 m C cn �-1 r Z z N z O 't m `s 1". 2 Following construction of the interior walls said walls shall not be removed nor shall the floor area or ceiling of the second story addition be modified without written permission from the City 3 This agreement shall be filed with the Clallam County Auditor and the terms hereof shall become a permanent restriction on the use of the single family residence located at 512 West 3rd Street, legally described as Lot 3 Block 4 Townsite of Port Angeles, Clallam County, Washington 4 This agreement shall not be modified or amended except by written agreement of the parties IN WITNESS WHEREOF, the parties have caused this agreement to be executed as set forth below PROPERTY OWNER By TOM BLORE STATE OF WASHINGTON ss County of Clallam On this date personally appeared before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn TOM BLORE to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes herein mentioned Given under my hand and official seal this day of rr",t c a 1995 *OTA1► Ij PUBt% Z y 24 9 /7 ;t/61 gOtary Public -fbt Washington, residing at I My commission expires. -=1,- -7<4-9 2 CITY OF PORT ANGELES ,c C 1/ pe Ostrowski yor Pro Tem ATTESTED BY