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Home My WebLink AboutMinutes 01/05/1981 . BOARD OF ADJUSTMENT Port ~geles, Washington January 5, 1981 I CALL TO ORDER Vice-Chairman Lacey called the meeting to order at 7 PM. II ROLL CALL Members Present: James Clevenger, James Rexroat, John Lacey, Evelyn Tinkham Members Absent: William Lindberg Staff Present: Dan VanHemert, Louise Frost III APPROVAL OF MINUTES Mrs. Tinkham moved to approve the minutes of the meeting of December 1, 1980, as submitted; Mr. Clevenger seconded the motion, which passed unanimously. . IV COMMUNICATIONS FROM THE PUBLIC None, other than on pending matters. V VARIANCES V-8l(l)1 - ROBERT G. RUUD. Request for a variance of the l3-foot corner yard setback to 8 feet; to construct an addition to an existing residence. Location: 536 East Seventh Street. Mr. VanHemert reviewed the staff report; Vice-Chairman Lacey opened the public hearing. Mr. Ruud explained that the only logical way to add on to the house was to use the existing lines. Vice-Chairman Lacey closed the public hearing. . Mr. Clevenger moved to grant the variance, based on the fact that the location and surroundings of the lot con- stitute special circumstances; the variance will not be a grant of special privilege; and the variance will not be detrimental to other properties or the general welfare. Mrs. Tinkham seconded this motion, which passed unanimously. . Board of Adjustment January 5, 1981 Page 2 V-8l(1)2 - PACIFIC NORTHWEST COMMUNICATIONS. Request for a variance of the 30-foot height limitation to 50 feet; to construct a 50-foot micro-wave tower. Location: lOl7 East Front Street. Mr. VanHemert reviewed the staff report; Vice-Chairman Lacey opened the public hearing. Joe Fischer, representing the applicant, said the tower isn't detrimental to views, because it will be an open grid; and the location was chosen because of its commercial zoning. George Mattsen said there were enough tackey structures in the area now. If this exception is made, all height limita- tations should be removed. Vice-Chairman Lacey closed the public hearing. . In response to questions from the Board, Mr. Fischer ex- plained the serV1ce is a domestic public mobile radio com- munications facility, which presently has approximately 500 subscribers. Maynard Hill, the transfer point, is located south of Discovery Bay at the 2,000 foot level. A clear path must exist between the two towers for good transmission. He has looked at properties farther south, higher in eleva- tion, but they are basically zoned residential; and without making extensive studies, cannot say if another site would be more effective. There will be no interference with or- dinary radio or TV reception. Mr. Clevenger moved to grant the variance based on Staff's recommendation and the following findings: A. Special circumstances related to the parcel are its location, in that the site requirements for this facility are limited by geographic features not present in the immediate area. B. Because there are already private radio antennas in the vicinity, granting this variance does not constitute a special privilege. C. The antenna will not be materially detrimental to the public welfare or injurious to nearby properties. Mr. Rexroat seconded the motion. On call for the question, the vote was Messrs. Clevenger and Lacey "yes", and Mr. Rexroat and Mrs. Tinkham "noli. The motion failed. . Mrs. Tinkham moved to declare the previous action of the Board null and void. Mr. Rexroat seconded this motion, and it passed unanimously. . Board of Adjustment January 5, 1981 Page 3 Mr. Clevenger moved to grant the variance, based on Staff's recommendation and the following findings: A. Special circumstances related to the parcel are its location, in that the site requirements for this facility are limited by geographic features not present in the immediate area. B. Because there are already private radio antennas in the vicinity, granting this variance does not constitute a special privilege. C. The antenna will not be materially detrimental to the public welfare or injurious to nearby properties. Mr. Re>::roat :seconded the motion,.' On l,caB.: fon, the question, Messrs. Clevenger and Lacey voted "yes", Mr. Rexroat voted "no" and Mrs. Tinkham abstained. The motion passed. . V-8l(1)3 - MARJORIE TERRILL. Request for a variance from the 50% lot coverage limitations; to remodel a pre~existing non-conforming build- ing with 70% lot coverage. Location: 408 South Lin'co'l'n S't'reet. Mr. VanHemert reviewed the staff report, which recommended denial of the variance. Vice-Chairman Lacey read into the record a letter from Safeway, Inc., objecting to the re- quest. Mr. Clevenger asked about alternatives; and Mr. VanHemert said the existing buildings could be maintained in order to safeguard the public, and some remodeling would be allowed. Vice-Chairman Lacey opened the public hearing. Mrs. Terrill stressed that the two buildings will be remodeled into one with a new basement below to make them structurally sound. She anticipates that 87% of the patronage will be foot traffic. There will be no rear entrance, so patrons will probably not use Safeway's parking lot. Vice-Chairman Lacey closed the public hearing. Mr. Clevenger commented that this is a unique situation - the lot coverage will be reduced, the building will be up- graded, so the alterations should be permitted. . Mrs. Tinkham moved to deny the variance because of the pro- visions of the Zoning Ordinance, based on the following find- ings: A. While the lot is substandard in size, there are no special circumstances related to the lot which prevent . Board of Adjustment January 5, 1981 Page 4 continuation of the existing non-conforming structures or construction of a new building within the maximum lot coverage. B. Because other commercial buildings have been con- structed and remodeled within the lot coverage require- ments (3500 square feet for a standard City lot), this variance would be a grant of special privilege. C. The proposed expansion and alteration of the structures may be injurious to adjacent properties, since the uses of the property may generate additional demand for off- street parking spaces. Mr. Rexroat seconded this motion. On call for the question, Mrs. Tinkham voted "yes" and all other Board members voted "no". The motion to deny the variance failed. Mrs. Tinkham moved to table consideration of this matter for further study. There being no second, this motion died. . Mr. Rexroat moved to grant the variance, citing as findings that although these are two non-conforming buildings which cannot be structurally altered by law, in order to get a restaurant to serve the community, it is better to allow the applicant to apply for a building permit, because if their plans do not comply, the permit will be denied. Both buildings would be up-dated. In seconding this motion, Mr. Clevenger added that he does not consider the variance a grant of special privilege; lot coverage will be reduced, the remodel will benefit the area; and although the lot is substandard, the buildings are pre-existing and non-conform- ing. On call for the question, Messrs. Clevenger, Rexroat and Lacey voted "yes" and Mrs. Tinkham voted "no", because more study was needed. The variance was granted. V-81(1)4 - ROBERT BRONSINK, JR. Request for a variance from the 10-foot alley setback to 4'; and from the 25-foot street setback to 61; to construct a detached accessory building for a single-family residence. Location: 413 East Lauridsen Boulevard. . Mr. VanHemert reviewed the staff report; Vice-Chairman Lacey opened the public hearing. . Board of Adjustment January 5, 1981 Page 5 Mr. Bronsink explained that he has already allowed for access .only from ~the l,aI1ey, so:.thatpotential problem hasr.been solved. There will be no direct backing of vehicles from the garage into the alley. Vice-Chairman Lacey closed the public hear- ing. Mrs. Tinkham moved to grant the variance, citing the follow- ing findings: A. The shape and dimensions of the lot are special cir- cumstances. B. No special privilege is granted because there are other structures in the vicinity and zone encroach- ing upon front and rear yard setbacks. C. Granting the variance would not be detrimental to nearby properties because the garage is not in close proximity to other structures. Mr. Rexroat seconded the motion, which passed unanimously. . V-81el)5 - JIMMIE AND DARLENE JONES. Request for variance of the 25-foot required front and rear setbacks to 14 feet on the north and 18 feet on the south; to locate an existing single family residence on the lot. Location: Lauridsen Boule- vard and Te'nth s'treet.. Vice-Chairman Lacey read into the record a letter from Barbara E. Patterson, 932 East Lauridsen Boulevard, ob- jecting to the variance. Mr. VanHemert reviewed the staff report and the earlier variance granted in March, 1979, at which time neighbors, including the Pattersons, had also objected. Vice-Chairman Lacey opened the public hearing. vice-Chairman Lacey asked Mr. Jones the height of the build- ing to be located on the site, and was told that it was about 20 feet. The foundation height will be 2 feet. Mr. Jones said he has not noticed any run-off problem on the lot, possibly because of the weeds and grass. Vice-Chairman Lacey observed that he saw no visible signs of run-off from the Boulevard when he visited the site today. He then closed the public hearing. . Mr. Clevenger moved to grant the variance, citing the follow- ing findings: A. The triangular shape and narrow depth of the parcel are special circumstances related to this lot requir- ing a variance for a house to be sited. . . . Board of Adjustment January 5, 1981 Page 6 B. The variances will not grant a special privilege, because although the lot has sufficient area, it is otherwise unbuildable and cannot be used for residen- tial purposes. Since other houses and accessory buildings in the vicinity and zone encroach upon setbacks ,or have been granted variances, this is not a grant of special privilege. C. Because the lot is lower than and separated by streets from other residences in the vicinity, except the one house to the west, and presents no traffic hazard, the variances will not be materially detrimental to the surrounding properties and the general welfare. Mrs. Tinkham seconded this motion, which passed unanimously. VI STAFF REPORTS Mr. VanHemert discussed the new staff report format. VII REPORTS OF BOARD MEMBERS \ Mrs. Tinkham expressed concern about the Terrill decision because of the relationship of 7 parking spaces vs. 83, which would eventually create a greater problem. Mr. Clevenger replied that the Board does not have to handle that application. Mr. Rexroat concurred with Mr. Clevenger. After additional discussion on this variance, Mrs. Tinkham asked for the City Attorney's opinion on the propriety of the decision. Mr. Rexroat asked if information could be provided either a copy of the application or of the posting so that the Board could look at the sites earlier. VanHemert said yes. earlier - notice - Mr. VIII ADJOURNMENT The meeting adjourned at 8:45 P.M. Dan VanHernert, Ass't Sec'y Tape Condition: Satisfactory DVH:PDC:LF . Type of Meeting: Locdtion: /3 -- .------- .... . a CITY or PORT ANGI:I..I;S Date:, /- 5-1/ t i I i " . . ADDRl:SS/^Gr:NCY . .. /3 F . i I - 1"--:, J i , C"" /"r- "Y' /.;2 .....J. .. L t' L/ t::J} " f ( I I I _I I t 1 I . I _~r t ( . . f i ----_--.~ I , -4- ~i I i , \, 1976 ... BOARD OF ADJUSTMENT Rotating Chairmanship Dates REXROAT ~Ptember February July Decembe~ LINDBERG October March August LINKLETTE:R November April S~ptember NELSON December May October CLEVENGER J,;"'January 76 June November .: r ;,;~ ..".. ~ .., .. . " . ,. I I j ,4 ,r" t' - ~ . I ... " I .. ~...~ ... j'." ~I' H I flM ~ J "'Arlbe rt Bale. Ane.e1:.:.vn 1-2 7 ~~t:::b L 6 Lll Phone: Office: Home: 3 - 1087 ~ 2JOl 4~7 J193 1 . SOt/I- BOARD OF ADJUSTMENT NEMBERS Mtivdt I, I t:,7'if Term expires March. 1, 19* - . Original Appointment J;u~~-==r; 1-9--7 3 Af~' I It. I 1914- + -fh. -rue$'. " \ '. A...c-k:-I-<(.~-I 4-Y'i!4V ,l--,y.ea-r-t-e-r.m Eq.u-bpment.-GJ?eru.to r ~o;:;...;;, ~,_.["a:'L 2518 So. Oak 4SZ-l.- Phone: Office: 457-~ Home: 457-7453 Term expires March 1, 1975 Original Appointment July 17, 1973 .2 . year term Optometrist Robert Linkletter 110 Eunice Phone: Office: Home: -45'2- -l3 d5" 457 690i i- ~- -z.. . ... ~" 5'" ps<;1 7 . , Term expires March 1, 1976 Original Appointment July 17, 1973 3 year term~~' .Humdinger Restaurant Jim Rexroat 112 West 12th Phone: Office: -- 'l..-'1SII" Home: 457-9790 Term expires March 1, 1977 Original_ Appointment July 17, 1973 " "-,' 4 year term Teacher Roy Nelson 1007~ East 3rd Phone: Office: Home: 457-7086 Term expires March 1, 1977 Original Appointment July 17, 1973 4, y~ar term ITT Rayonier JAMes C I tV'"t1J.l.1"'" PhOhe.', otf,'cQ.' i - J 118 l-I ~ r71 e. 7- 44 04 r~rt\'l Q]Cf,'r1!5 M4rch ',1'11' Otf"'j " "'Ill Aff6il1-1 ,.",~..f rn IW c. k. ,) f 11I5 Yf.p(Qtlj C44rlt.$ Rac.b 4- ye.ar- -te.r,.,