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HomeMy WebLinkAboutMinutes 08/27/2003 o , ~ 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 . 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 .' 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. . . . 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 . . . 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. . . . 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. " 2. 3. 4. 5. 6. 7. 8. 9. 10. . .' 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. 12. 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. 2. 3. 4. 5. 6. 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 . . . . 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. 2. 3. 4. 5. 6. 7. 8. 9. . . . 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 2. 3. 4. . . . 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. . 22. 23. 24. 25. . 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. 20. 21. Conclusions: 1. 2. 3. 4. 5. . 6. 7. 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. . . . 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. 2. 3. . . .' 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. 3. 4. 5. 6. 7. 8. 9. 10. 11. . . . 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. 3. 4. 5. 6. 7. 8. 9. The motion was seconded by Commissioner Hewins and passed 4 - O. . . . 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. ~ ~\-J Brad Collins, Secretary ~1A1b ~; Linda Nutter, hair PREPARED BY: S. Johns · ~ORTANGELES WAS H I N G TON, U. S. A. . 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. o :Srv o;p:-o C: \MyFiles\Forms\ Mtgrostpc o ~ . ~ . 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.