HomeMy WebLinkAboutMinutes 04/12/1982
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BOARD OF ADJUSTMENT
Port Angeles, Washington
April 12, 1982
I
CALL TO ORDER
Chairman Lacey called the meeting to order at 7 PM.
I I ROLL CALL
Members Present: James Rexroat, John Lacey, Steve Pazan,
Evelyn Tinkham
Members Absent: James Clevenger
Staff Present: Dan VanHemert, Louise Frost
III APPROVAL OF MINUTES
Mrs. Tinkham moved to approve the March 1st Minutes as sub-
mitted. Mr. Rexroat seconded this motion, which passed
unanimously.
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IV COMMUNICATIONS FROM THE PUBLIC
None
V VARIANCES
V-82(3)2 - KEANE F. GAU. Application for a variance
to reduce the required lot area from 10,500 to 7,000
square feet: to re-establish a duplex in the RS-7
District, which applicant states existed prior to
adoption of the Zoning Ordinance. Location: 528
West Twelfth Street. (Continued from March 1, 1982.)
Chairman Lacey announced receipt of the requested opinion
from the City Attorney on this matter. ~ir. VanHemert re-
viewed the Department report presented on March 1st; and
the City Attorney's Opinion. Mrs. Tinkham asked how long
the second unit had been vacant, according to testimony re-
ceived; and Mr. VanHemert said 3 to 4 years. Chairman
Lacey opened the hearing for additional comments from the
Applicant.
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Mr. Gau said that he had never abandoned the proposed du-
plex use of the property; therefore, his "grandfather"
rights under the Zoning Ordinance had not been lost. He
then cited several other structures in the immediate area
which appear to have two dwelling units on one 7,000 square-
foot lot. The real estate advertisements, from which he
Board of Adjustment
April 12, 1982
Page 2
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made the purchase, indicated two dwelling units. The City
Council approved his Conditional Use Permit for a duplex at
this address. Chairman Lacey said to approve the reduction
in required lot area for a duplex at this location would re-
store the prior nonconforming use. Chairman Lacey then
closed the public hearing.
Mrs. Tinkham asked about the Conditional Use Permit already
received by Mr. Gau; and Mr. VanHemert explained the Con-
ditional Use Permit process.
Mrs. Tinkham moved to grant the requested lot area reduction
because the property has unusual characteristics; that the
variance would not be a grant of special privilege; and that
the variance would not be materially detrimental to the pub-
lic welfare. Mr. Rexroat seconded this motion.
On call for the question, Mrs. Tinkham voted "yes", with
Messrs. Rexroat and Pazan and Chairman Lacey voting "no";
for the reason that granting the variance would be contrary
to the Zoning Ordinance. The majority cited the following
findings of fact:
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1. There are no special circumstances related to the
lot which deny the property use rights and privileges
permitted to other properties in the vicinity and
RS-7 Zone.
2. Granting a variance of minimum lot area for a duplex
would convey a special privilege to the property not
shared by other lots of the same size in the vicinity
and zone.
3. While the variance may not significantly affect ad-
jacent properties and improvements, it may be mater-
ially detrimental to the general welfare, in that it
is contrary to the objectives of the zoning Ordinance.
Mr. Rexroat suggested that the Planning Department examine
the possible amendment of the Zoning Ordinance to extend the
period in which a nonconforming use can be discontinued and
re-established.
VI
ELECTION OF OFFICERS
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Before the election Mrs. Tinkham inquired about amending the
By-Laws to provide for the expulsion of a Board member for
an inordinate number of absences. Mr. VanHemert suggested
this could be taken up at another meeting.
Mr. Rexroat nominated Steve Pazan as Chairman. No other
nominations being made, the nominations were closed, and
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Board of Adjustment
April 12, 1982
Page 3
the secretary was directed to cast a unanimous ballot for
Mr. Pazan.
Mr. Rexroat nominated John Lacey as Vice-Chairman.
other nominations being made, the nominations were
and the secretary was directed to cast a unanimous
for Mr. Lacey.
IX ADJOURNMENT
The meeting adjourned at 8:20 P.M.
Ow~
Secy.
Tape condition: satisfactory
LF:DVH::!?DC:LF
No
closed,
ballot
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