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HomeMy WebLinkAboutMinutes 02/26/2014 MINUTES PLANNING COMMISSION Port Angeles,Washington 98362 February 26, 2014 6:00 p.m. ROLL CALL Members Present: Thomas Davis (by phone), David Miller, Tim Boyle, Duane Morris, Scott Headrick, George Reimlinger, Doc Reiss Members Absent: None Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood Public Present: Emily Glassock, Cyndi Webster, Delores DeFrang, Fred DeFrang PLEDGE OF ALLEGIANCE Chair Boyle opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Morris moved to approve the regular meeting minutes of January 22, 2014. The motion was seconded by Commissioner Headrick and passed 5 -2 with Commissioners Miller and Reimlinger abstaining due to absence at the meeting. Chair Boyle read the qualifying questions for quasi judicial proceedings to the Commissioners. All Commissioners responded that they had no Appearance of Fairness issues to report. The Chair then reviewed the quasi judicial public hearing procedures for audience members. No concerns were noted. PUBLIC HEARING: CONDITIONAL USE PERMIT — CUP 14-01 — GLASSOCK, 532 S. Cedar Street: Proposal to allow an accessory residential unit (ARU) in the RS-7 Residential Single Family zone. Associate Planner Scott Johns reviewed the Department Report and responded to questions from Commissioners. Chair Boyle opened the public hearing. Emily Glassock, 532 S. Cedar Street indicated that she had read the Department Report and agreed with the recommendation and conditions of approval. She would like to construct a detached garage with guest quarters above. She has no plans to rent the unit, she plans the room as a guest quarters since the residence is small. Phinning Commission Minutes February 26,2014 Page 2 Fred DeFrang represented the adjoining property at 421 South Cedar Street. He very much objected to the proposal on several grounds. The neighborhood has many rentals and the proposal would result in another rental in the area. The residents at 421 South Cedar Street would be limited in view if a structure is permitted on the subject property. There are few residences in the area that are occupied by owners; most of the properties in the area are rentals. The floor plan indicates that the proposal is not for a garage, it is for another unit with a garage underneath. The proposal significantly lowers the property value of 421 South Cedar which has been occupied by the owners for over 50 years. Mr. DeFrang recommended denial of the proposal as it does not fit with surrounding properties and significantly lowers property values in the area. In response to Commissioner Miller's inquiry as to whether the DeFrangs would provide an electrical easement, Mr. DeFrang responded "no." In response to the testimony, Associate Planner Johns noted that the speaker mentioned view. For informational purposes, a garage could be constructed in the proposed location without a conditional use permit. He also responded to Commissioner Headrick regarding the comment from the Public Works and Utilities Department that an easement for electric service would be needed that there would need to be an alternative source of power supplied if the adjacent property owner is unwilling to grant a power easement. Planning Manager Sue Roberds noted that the ability to obtain an easement for utility purposes should not be an issue under consideration of the conditional use permit. If it is not possible to secure a power source for the secondary unit, it cannot be developed. It is doubtful that another power source could not be provided. The matter under consideration is whether the accessory residential unit can meet Port Angeles Municipal Code requirements for such a use. Whether the secondary unit is a rental or owner occupied is irrelevant. Fred DeFrang noted that the site plan identifies an incorrect setback to the structure from Cedar Street. He questioned whether the setbacks shown are correct and how the setbacks affect 421 S. Cedar Street. Planning Manager Sue Roberds responded that setbacks would be required for a residential use with appropriate vehicular approach developed from the access street if approved. The site plan would need to be adjusted at the time of development to comply with Urban Services and Standards requirements. There being no further public testimony, Chair Boyle closed the public hearing. Commissioner Reiss noted that land development laws require cities to infill to densities that provide a variety of residential opportunities. View is a matter of individual choice. In the years that he has been practicing real estate, he has never been made aware that an accessory residential unit detracts from the value of a property or surrounding property. Planning Commission Minutes February 20,2014 Puge 3 Following brief discussion, Commissioner Reiss moved to approve the conditional use permit with the following conditions, findings, and conclusions: Conditions I. Separate electrical and water meter services are required for each dwelling unit. 2. Addressing for each dwelling unit shall be clearly identified as 423 and 423'/2 South Cedar Street. Address numbers must be at least six (6) inches in height and readily visible from the street and of contrasting color from their background. 3. Two (2) off-street parking spaces are required for each residential dwelling unit for a total of four (4) off street parking spaces. Parking spaces shall be constructed to Public Works and Utilities Department standards. 4. Driveway and site access shall be constructed to Public Works and Utilities Department standards. 5. All utility improvements including water, sanitary sewer, storm drainage and electrical are to be completed to the satisfaction of the Public Works and Utilities Department. Separate water and electric meters are required for the Accessory Residential Unit. Findings: Based on the information provided in the Community and Economic Development Staff Report for CUP 14-01 dated February 26, 2014, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Emily Glassock submitted a conditional use permit application for an accessory residential unit on January 2, 2014. The applicant's parents, Jim and Joan Stembridge own the subject property and signed the application. 2. The site is zoned Residential Single Family (RS-7) and is 7,000 sq. ft. in area. 3. The subject site is located on the east side of south Cedar Street at its intersection with 5`" Street. Access to the subject site is via 5th Street. Vehicular site access must comply with Public Works and Utilities standards. 4. The site is located in the City's North Central Planning Area. Development in the neighborhood includes predominately single family residential uses. The Comprehensive Plan Land Use Map designates the site as Low Density Residential. Adjacent designations are also Low Density Residential. 5. The proposed site is legally described as the south 70' of Lots 11 and 12, Block 84 of the Townsite of Port Angeles. The site is located at 423 S. Cedar Street and is developed with a single family residential structure. A new detached structure will be built with a garage on the ground floor and the ARU living unit on the second floor. An additional lot coverage of 545 square feet will result from the construction. The primary residential unit contains 1,555 sq. ft. of living area with the proposed ARU being 545 sq. ft. of living area or 35% the size of the primary unit. Existing structures are in compliance with development standards specified in the RS-7 Residential Single Family zone. Planning Commission Minutes February 26,2014 Page 4 6. 17.08.010 "B" PAMC defines an Accessory Residential Unit (ARU) as a dwelling unit which is incidental to a detached single family residence, is subordinate in.space (i.e.,fifty percent or less space than the single family residential use), and is located on the same zoning lot as the single family residence. An accessory residential unit is served by water and electrical service that is separate, om the primary residential service and has a separate address" Section 17.10.010 PAMC provides that accessory residential units are permitted as conditional uses in the RS-7 Residential Single Family zone, 7. Section 14.40.060(D) PAMC requires that residential uses throughout the City are required to provide a minimum of two (2) off street parking spaces for each residential unit. Site development provides four(4) off street parking spaces for the two (2) residential units. 8. Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permits as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Conditional uses shall be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. The City's Comprehensive Plan was reviewed for consistency with the proposal. 9. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 10. Notification of the proposed action and conditional use permit application was placed in the Peninsula Daily News on February 9, 2014. Public notice was mailed to property owners within 300 feet of the subject property on February 5, 2014. The site was posted on February 06, 2014. No comments were received as a result of the public notice period. One letter of support was received from neighbors Mr. and Mrs. during the written comment period. 11. A Determination of Non-Significance was issued for the proposed action on February 24, 2014. 12. The Planning Commission conducted a public hearing on the proposal at the February 26, 2014, regular meeting. Conclusions.- Based on the information provided in the Department of Community and Economic Development Staff Report for CUP 14-01 dated February 26, 2014, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: Planning Commission Minutes T ebruaty 26,2014 Page 5 1 As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Residential Goal A and Policy A.2; and Goal C and Policy C.2, Housing Element A.6 and 13.6. 2. The application was processed consistent with requirements for a conditional use permit as specified in PAMC 17.96.050, and with the requirement for an accessory residential unit as defined in the RS-7 zone per PAMC 17.10.040(A). 3. As conditioned, the proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance), 4. The use is in the public interest as it allows for a variety of housing opportunities. 5. The City's responsibility under the State Environmental Policy Act in review of the proposal has been satisfied by issuance of a Determination of NonSignificance. Commissioner Reimlinger seconded the motion that passed unanimously. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Associate Planner Johns commented that the Department of Ecology (DOE) continues to review the City's revised Shoreline Master Program, He believes the review is drawing to a close that will result in more clarity and less redundancy to the document with a little different organization. He anticipated that staff would have a completed review back from DOE within two weeks. Planning Manager Roberds noted that the March 12 meeting will include an election of current officers. She also noted that Commissioner Davis (who was at the meeting by phone) will need to be out of the area for longer than expected for medical reasons but it is hoped he will return by June. Commissioners wished him a speedy recovery. Staff thanked Commissioner Reiss for his time and efforts on a variety of City accomplishments including his dedication to the yearly public and very popular sand castle events and Christmas cookies. REPORTS OF COMMISSION MEMBERS Commissioner Reiss commented that he has served the allotted two terms and this would be his final meeting. He was thankful for the learning opportunity and the ability to work with staff and get to know them better. He is available for future board or commission opportunities. Planning Commission Minutes Februaty 26,2014 Page 6 ADJOURNMENT The meeting adjourned at 7:15 p.m. 1411) Sue Roberds, S cretary Tim Boyle, Ch�wii"// PREPARED BY: S. Roberds