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HomeMy WebLinkAboutMinutes 03/11/1981 . III . . 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 . 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. . 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. . Mr. Carr reviewed the staff report; Chairman Brewer opened the public hearing. . . . 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 . 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. . 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: . 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 . 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. . 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: . 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 . 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: . 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: . 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 . 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. . 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. . 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 . 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. . 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. . 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 . . .. 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. . . . 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. 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